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Case 1:15-cv-07433-LAP Document 1332-3 Filed 01/08/24 Page 17 of 21 litigation, why are there no communications among Defendant and Barden until after Defendant issued the statement? They are certainly not in her privilege log. The Court should be aware that, in all three of Defendant’s various iterations of her privilege log, there is no entry for any communication with Barden prior to January 10, 2015—a week after Defendant issued the defamatory press release. See Composite Exhibit 2, Defendant’s three privilege logs. United States District Court For The Southern District of New York Giuffre v. Maxwell 15-ev-07433-RWS Ghislaine Maxwell's Privilege Log Amended as of May 16, 2016 ***Per Local Rule 26.2, the following privileges are asserted pursuant to British law, Colorado law and NY law. Log 1D DATE DOC. | BATES FROM TO ce RELATIONSHIP SUBJECT PRIVILEGE TYPE # OF PARTIES MATTER 1 2011.03.15 | E-Mails | 1000- | Ghislaine Maxwell Brett Jaffe, Esq Auomey / Client ‘Communication | Attorney-Client 1013 re: legal advice 20110315 | E-Mails | 1014- | Brett Jaffe, Esq. Ghislaine Maxwell Atomey | Client ‘Communication | Attormey-Client 1019 re: legal advice 3 2015.01.02 | E-Mails | 1020- | Ross Gow Ghislaine Maxwell Attomey Agent Communication | Attorney-Client 1026 Client re: legal advice 4 2oIs0102 | EMail 1024-_ | Ghislaine Maxwell Row Gow Attorney Agent Communication | Attorney-Client 1026 re: legal advice 5. 20150102 | E-Mail | 1027- | Ross Gow Ghislaine Maxwell Brin ‘Communication | Attorney-Client 1028 Basham re: legal advice 6 2015.01.06 | E-Mail 1029__| Ghislaine Maxwell Jelirey Epstein ‘Communication | Common Interest re: legal advice 2015.01.06 E-Mail 1030- | Ghislaine Maxwell Jeffrey Epstein, Atiorney / Client Communication | Common Interest 1043 a Dershowitz, Esq. re: legal advice 6 2015.01.10 E-Mail 1044 Ghislaine Maxwell arden, Esq., Attorney / Client ‘Communication Attomney-Client Ross Gow re: legal advice 3 201S0110 | E-Mail 1038- | Ghislaine Maxwell Philip Barden, Esq Client / Attorney Communication | Attorney-Client 10st re: legal advice If Defendant was actually contemplating litigation with Barden in advance of issuing the January 3, 2015 press release (as she repeatedly claims), then there must be email 3 As the Court is aware, this is not the first time that Ms. Giuffre has found evidence of documents that Defendant willfully withheld in violation of her discovery obligations. There is evidence that Defendant failed to produce documents from email accounts she used during the relevant period, and there are (important, responsive) documents, produced by a third party (Gow), that are in Defendant’s possession that she both willfully failed to produce and denied the existence of at her deposition. The pre-January 10, 2015 emails she had with Barden to discuss her purported anticipation litigation are not produced and not logged, but this time, the evidence of their existence comes from Defendant’s own argument about the pre-litigation privilege applying to her January 3, 2015 press release. This Court has already ordered one adverse inference jury instruction for Defendant’s willful discovery non-compliance, and, at this point, Defendant’s continued willful discovery failures warrant a second adverse inference jury instruction, pursuant to the renewed motion filed by Ms. Giuffre on March 3, 2017. 13