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Case 1:15-cv-07433-LAP Document 1332-11 Filed 01/08/24 Page 2 of 9 Defendant Ghislaine Maxwell, through counsel, submits this Surreply in opposition to plaintiffs “Motion to Compel All Work Product and Attorney Client [sic] Communications with Philip Barden” (Doc.637). INTRODUCTION Procedurally, plaintiff's Motion to Compel is a mess. The motion violates every rule applicable to motions to compel: her counsel did not confer; the motion fails to identify any discovery request it is seeking to “compel” a response to; and it failed to list verbatim any such allegedly unanswered discovery request, as required by local rule. Additionally, discovery closed nearly eight months ago, and trial is 60 days away. Substantively, the Motion to Compel is facially frivolous. It argues Mr. Barden’s declaration effected a waiver of the attorney-client privilege between him and Ms. Maxwell. Plaintiff identified two sentences in the declaration in which Mr. Barden purportedly “‘reveal/ed] attorney client [sic] legal advice given to Defendant.” Mot. 3 (emphasis supplied). The sentences are found in Paragraph 13 of the declaration, where Mr. Barden discusses his intent and purpose in preparing the January 2015 statement. We quote in full the two sentences so that the Court can see for itself the remarkably frivolous nature of the argument: “I did not ask Ms. Maxwell to respond point by point to Ms. Giuffre’s factual allegations in the CVRA joinder motion. What we needed to do was issue an immediate denial and that necessarily had to be short and to the point.” Doc.542-7, Ex.K ¥ 13. After we filed our response pointing out the procedural and substantive flaws in the motion, plaintiff filed an excess-length reply (five pages longer than her motion) that, in violation of the rules, asserted a range of new factual statements and legal arguments. The reply identified four additional Barden sentences that purportedly effected a waiver of the attorney- client privilege. These are more frivolous than the two sentences identified in the motion. Her 1