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Case 1:15-cv-07433-LAP Document 1331-30 Filed 01/05/24 Page 16 of 19 promise by Mr. Epstein to help her get into F.I.T. — i.e. the alleged benefit she was promised. The few documents produced suggest that the denial of admission to F.I.T. (if that is what occurred) is more likely a result of lack of required credentials or her failure to timely complete the application process. Either way, the complete application must be produced. Ms. Ransome also testified that some of the photographs she produced were not taken by her, but were given to her on a disk by Jean Luc Brunel. See Menninger Decl. Ex. A at 336:6- 18. She could not however, identify which picture she claims to have taken, and which were included on this disk. Jd. 340:19-341:5. The subpoena to Ms. Ransome requested the native format copies of all pictures (many of which are digital) so that the metadata, including the dates the photographs were taken, can be discerned. See Menninger Decl. Ex. I, Instruction 7 (“Responsive electronically stored information (ESI) shall be produced in its native form; that is, in the form in which the information was customarily created, used and stored by the native application employed by the producing party in the ordinary course of business.”). Fed. R. Civ. P. 45(e)(1) requires production of documents in their native form, as specified, including all metadata. This includes a copy of the physical disk containing the photograph allegedly given to Ms. Ransome by Mr. Brunel, and the fronts and backs of any physical pictures. CONCLUSION As the adage goes, be careful what you ask for. Plaintiff, Ms. Ransome and their shared counsel asked to reopen discovery relating to Ms. Ransome. They promised to make her and any information that she may have immediately available. They must now do what they promised. WHEREFORE, Defendant requests the entry of an Order: 1. Compelling production of all documents responsive to the subpoena, including communications with counsel because privilege has been waived. These include specifically, but are not limited to: 14