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Case 1:15-cv-07433-LAP Document 1332-11 Filed 01/08/24 Page 5 of 9 “Tn liaison with Mr. Gow and my client, on January 2, 2015, I prepared a further statement denying the allegations, and I instructed Mr. Gow to transmit it via email to members of the British media who had made inquiry about plaintiff’s allegations about Ms. Maxwell.” Doc.638-2 4 10. “Second, I intended the January 2015 statement to be ‘a shot across the bow’ of the media, which I believed had been unduly eager to publish plaintiffs allegations without conducting any inquiry of their own. This was the purpose of repeatedly stating that plaintiffs allegations were ‘defamatory.’ In this sense, the statement was very much intended as a cease and desist letter to the media- recipients, letting the media-recipients understand the seriousness with which Ms. Maxwell considered the publication of plaintiff's obviously false allegations and the legal indefensibility of their own conduct.”” Jd. 17. “Consistent with those two purposes, Mr. Gow’s emails prefaced the statement with the following language: ‘Please find attached a quotable statement on behalf of Ms Maxwell’ (italics supplied). The statement was intended to be a single, one- time-only, comprehensive response—quoted in full, if it was to be used—to plaintiff's December 30, 2014, allegations that would give the media Ms. Maxwell’s response. The purpose of the prefatory statement was to inform the media-recipients of this intent.”* Id. q 19. “T directed that the statement indicate Ms. Maxwell ‘strongly denie[d] the allegations of an unsavoury nature,’ declare the allegations to be false, give the press-recipients notice that the publications of the allegations ‘are defamatory,’ and inform them that Ms. Maxwell was ‘reserv[ing] her right to seek redress.’” Id. 4 30. That is a terrible argument. For starters, this is not Ms. Maxwell’s declaration, and Mr. Barden explicitly said he had no authority to waive her privilege. Doc.638-2 § 3. Additionally, none of these four statements discloses any communication between Mr. Barden and Ms. Maxwell. To contend otherwise is the height of frivolousness and warrants sanctions under Rule 11(c)(3). *In her reply plaintiff only quotes the last sentence of this paragraph. We think that is rather misleading; so we quote the entire paragraph. 3Plaintiff omits the last sentence. We think that is misleading; so we quote the entire paragraph.