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Case 1:15-cv-07433-LAP Document 1331-13 Filed 01/05/24 Page 20 of 22 going on inside the Epstein mansion while she lived there. If Mr. Rodriguez had not passed away a few years ago, he would have been deposed in this case and presented as a witness to the jury. The happenstance of his death should not deprive Ms. Giuffre of the opportunity to allow the jury hear what he has to say. The residual hearsay rule also concerns procedural requirements of prior notice. Ms. Giuffre has already alerted Defendant of her intent to use this testimony and has provided formal notice that complies with the rule. See Ms. Giuffre’s Notice of Intent to Offer Statements Under, if Necessary, the Residual Hearsay Clause (DE 601) filed Feb. 9, 2017. Accordingly, both the substantive and procedural requirements for admitting excerpts of Mr. Rodriguez’s deposition have been satisfied, and the excerpts should be presented to the jury. CONCLUSION For all of the foregoing reasons, Ms. Giuffre respectfully requests that the Court deny Defendant’s motion in limine to exclude in toto deposition testimony from certain witnesses, except that Ms. Giuffre intends to present Jeffrey Epstein and Rinaldo Rizzo via live testimony. Similarly, if Defendant calls Dr. Esplin, Ms. Giuffre will present his testimony via cross- examination. Dated: February 10, 2017 Respectfully Submitted, BOIES, SCHILLER & FLEXNER LLP By: /s/ Sigrid McCawley Sigrid McCawley (Pro Hac Vice) Boies Schiller & Flexner LLP 401 E. Las Olas Blvd., Suite 1200 Ft. Lauderdale, FL 33301 (954) 356-0011 16