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Case 1:15-cv-07433-LAP Document 1332-1 Filed 01/08/24 Page 35 of 42 account. According to testimony, the Mindspring email account is hosted by Epstein’s private server. Defendant’s brief offers no explanation as to why she could access one email account from Epstein’s private server, but not her other account from Epstein’s private server. No details are offered. Accordingly, Defendant fails to meet her burden under Rule 26(b)(2)(B), Fed. R. Civ. P., to show that the information is not reasonably accessible because of undue burden or cost. I AN ADVERSE INFRERENCE INSTRUCTION IS WARRANTED In this litigation as the Court will recall, Defendant first refused to produce any documents at all - Ms. Giuffre had to litigate for Defendant to commence discovery (DE 28). Defendant then refused Ms. Giuffre’s proposed ESI protocol, and refused to negotiate an alternative. Defendant then proceeded to make her production, which consisted of only two documents (DE 33 and 35). All the while, Defendant was refusing to sit for her deposition until ultimately directed to do so by the Court (DE 106). Even more egregious, Defendant’s counsel did not collect Defendant’s electronic documents or run search terms, but allowed Defendant to pick and choose what documents she wanted to produce, which explains the fact that Defendant’s initial production consisted of merely two documents. See May 12, 2016, Sealed Hearing transcript at 5-9 (Mr. Pagliuca: “After we went through the RFPs, Ms. Maxwell went through two email accounts, the email account at the Terramar and her personal email account Gmax. Those are the only two email accounts that she had access or has access to.”. . . Ms. Schultz: “It should be an attorney’s judgment whether or not a document is responsive, not at the discretion of the party defendant to look through her computer with absolutely no attorney supervision or any accountability for her search process, especially one that is done completely in secret . . . [t]he fact that defendant has shown so much recalcitrance in even discussing the discovery process is in itself telling that this