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Case 1:15-cv-07433-LAP Document 1332-3 Filed 01/08/24 Page 8 of 21 communications and related subjects. /d. Ms. Giuffre also attached, as Exhibit 1 to her motion, a list of documents over which Defendant had waived privilege. Jd. & Ex. 1. In response, Defendant initially makes the implausible argument that no communications by Barden have been withheld based on any assertion of attorney-client privilege or work product protection. To the contrary, Defendant boldly asserts the position that there is “no unsatisfied request for production” that would warrant granting Ms. Giuffre’s motion to compel. Response at 7. This is a remarkable argument, since Defendant has obviously withheld production documents identified based on attorney-client privilege, as Exhibit 1 to the Schultz Declaration to Ms. Giuffre’s motion clearly establishes. Presumably the reason Defendant has raised privilege with Barden is that documents exist that are responsive to Ms. Giuffre’s request for production. Numerous discovery requests in this case cover Barden documents. More obviously, Ms. Giuffre asked for all documents concerning statements concerning Ms. Giuffre made on behalf of Defendant by “any . . . individual”: Produce all documents concerning any statement made by You or on Your behalf to the press or any other group or individual, including draft statements, concerning Ms. Giuffre, by You, Ross Gow, or any other individual, from 2005 to the present, including the dates of any publications, and if published online, the Uniform Resource Identifier (URL) address.’ In addition, Ms. Giuffre asked for all documents concerning Ms. Giuffre distributed by Defendant or her “agents”: Produce all documents concerning which individuals or entities You or Your agents distributed or sent any statements concerning Ms. Giuffre referenced in Request No. 18 made by You or on Your behalf.” ' Request No. 17 form Plaintiffs Second Request for Production. ° Request No. 18 from Plaintiff's Second Request for Production. 4