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Case 1:15-cv-07433-LAP Document 1332-1 Filed 01/08/24 Page 34 of 42 disclose how she, herself, used the email account. All she says is that “it is not available to Ms. Maxwell.” (Resp. Br. at 6). Defendant, apparently, has done nothing to recover her still-undisclosed email account hosted on the private server of her long-time boyfriend and joint defense partner, Jeffrey Epstein. A blanket statement of “unavailability” is incredible — particularly without any description of the steps she has taken to make the emails available. Without taking any efforts to recover her emails on Epstein’s private server, she offers a bland conclusory statement that “there is no manner in which Ms. Maxwell could require Mr. Epstein to provide any information on Mr. Epstein’s private server.” (Resp. Br. at 7). Yet Defendant and Epstein are currently both parties to a joint defense agreement and her own e-mails demonstrate she is communicating regularly with Epstein. Notably, Defendant does not produce any proof of her efforts to try to gain access to the account from Epstein so she can comply with her discovery obligations in this case. Whether or not it is ultimately unavailable, it should not have taken a motion to compel to prod Defendant into even suggesting that she used another email account from 1999-2002 to communicate. And, importantly, her brief is only a suggestion of that fact. Nowhere in her brief does Defendant actually state that she had an account on Epstein’s private server. Despite pages of protestations that she cannot access the documents on Epstein’s private server, she never actually discloses to the Court whether or not she had an account on Epstein’s server in the first place. Defendant cannot have it both ways: she cannot seek be absolved of for failure to produce from an inaccessible account while continuing to refuse to admit that such an account even exists. Additionally, Defendant claims to have performed a forensic exam on her Mindspring * Tronically, Defendant’s intimation that there is an undisclosed account is directly beneath a heading that states: “There is no ‘Undisclosed’ Account.” 4