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Case 1:15-cv-07433-LAP Document 1332-9 Filed 01/08/24 Page 5 of 15 the withheld documents...in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.” Ms. Ransome and her five attorneys admittedly did not expressly make any such claim nor did they describe the nature of the withheld documents. The witness’s unjustified failure to provide a privilege log as to Responses 1-3 and 5 effected a waiver of any privilege. See Mot. at 4-5; OneBeacon Ins. Co. v. Forman Int'l Ltd., 04 CIV. 2271(RWS), 2006 WL 3771010, at *7—8 (S.D.N.Y. Dec. 15, 2006); In re Application for Subpoena to Kroll, 224 F.R.D. 326, 328 (E.D.N.Y. 2004); Labatt Ltd. v. Molson Breweries, Nos. 93 CV 75004, 94 CV 71540(RPP), 1995 WL 23603 (S.D.N.Y. Jan. 20, 1995); In re Grand Jury Subpoena, 274 F.3d 563, 575-76 (1st Cir. 2001). Il. MS. RANSOME REFUSED TO PRODUCE RELEVANT, RESPONSIVE DOCUMENTS WITHOUT BASIS A. Requests 1, 4, 5, 14: Communications with Witnesses Related to this Case Requests 1, 4, 5 and 14 requested communications between Ms. Ransome and a number of different witnesses in this case. In response, Ms. Ransome produced 18 pages emails. She testified that she conducted the search for responsive emails herself, of her Yahoo account inbox. Pottinger Dep. Ex. | at 378-83, 386. Ms. Ransome did not search any other accounts for responsive communications, no forensic search was conducted of the account, nor did her attorneys conduct a search of her computer (including the attorneys representing her in her Jane Doe complaint). According to Ms. Ransome at her deposition, she possesses other responsive communications. For example, she testified that she wrote to the NY Post reporter, Maureen Callahan, in an attempt to sell her story to the media, in or about October 2016. Pottinger Ex. 1 at 38 (“I emailed her after I read an article that she had written about Jeffrey Epstein.”); id. at 50