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Case 1:15-cv-07433-LAP Document 1331-27 Filed 01/05/24 Page 6 of 11
c. Plaintiff next asserts Mr. Gow’s testimony supports her argument Mr. Barden
did not direct Mr. Gow to send the January 2015 statement. She points to Mr. Gow’s
testimony that “/m]y understanding . . . is”* Ms. Maxwell sent the earlier email to
Mr. Barden originally and because he was unavailable, she forwarded it to Mr. Gow.
Plaintiffs reliance on this testimony is misplaced. Even if Mr. Gow’s speculation about
how he came to receive the email were admissible, it hardly makes plaintiff's point. One,
there is no direction—no instruction—given in the email. The words in the subject line
“this is the statement” is hardly a “command,” as plaintiff argues, let alone direction to
take action. Two, since the email contains no direction, it begs the question, how did
Mr. Gow know to issue the January 2015 statement upon receiving the email? The
answer is found in Mr. Barden’s declaration. Before Mr. Gow received the email he
already knew he was to issue the statement. In Mr. Barden’s words: “In liaison with
Mr. Gow and my client, on January 2, 2015, I prepared a further statement .. ., and
I instructed Mr. Gow to transmit it via email to” the journalists. Doc.542-7, Ex.K ¥ 10
(emphasis supplied). The answer also is found in Ms. Maxwell’s April 22, 2016,
testimony: “/M/y lawyer, Philip Barden[,] instructed Ross Gow to issue a statement.”
Mot. 4 (boldface omitted).
5. Plaintiff also argues Ms. Maxwell “attempts to blame the defamatory press release
entirely on [Mr. Barden].” Mot. 4. There is no “blaming.” The facts are not in dispute.
Ms. Maxwell engaged Mr. Barden as her lawyer; Mr. Barden engaged Mr. Gow as his agent. See
Doc.542-7, Ex.K ff 9-10. Ms. Maxwell has not disclaimed legal responsibility for the January
3Mot. 5.
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Document Details
| Filename | Giuffre_Maxwell_Batch6_p00286.png |
| File Size | 305.6 KB |
| OCR Confidence | 93.1% |
| Has Readable Text | Yes |
| Text Length | 1,817 characters |
| Indexed | 2026-02-04 12:46:36.294369 |