1 00:00:00,160 --> 00:00:04,200 Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles. 2 00:00:04,240 --> 00:00:06,280 In this episode, we're going to dive into some more 3 00:00:06,320 --> 00:00:09,119 court documents and we're going to start taking a look 4 00:00:09,439 --> 00:00:14,400 at Klaine Maxwell's reply to Virginia Roberts disputing her soul 5 00:00:14,519 --> 00:00:20,359 called undisputed facts. So let's get busy. Case number fifteen 6 00:00:20,480 --> 00:00:24,920 DASH CV DASH zero seven four three three DASH RWs 7 00:00:25,000 --> 00:00:29,480 Virginia Roberts versus Gallayne Maxwell. The defendants replied a plaintiff 8 00:00:29,519 --> 00:00:34,159 Statement of contested facts and Plaintiff's undisputed facts pursuing to 9 00:00:34,280 --> 00:00:38,600 Local Civil Rule fifty six dot one. Pursuing to Rule 10 00:00:38,640 --> 00:00:41,520 fifty six point one of the local Civil Rules of 11 00:00:41,560 --> 00:00:45,119 this Court, Defendant Gallain Maxwell submits this reply to a 12 00:00:45,119 --> 00:00:50,280 plaintiff Statement of contested Facts and Plaintiff's undisputed facts Response 13 00:00:50,640 --> 00:00:55,920 Document five eighty six DASH one Introduction. Plaintiff's response fails 14 00:00:56,000 --> 00:00:58,799 under both the federal rules of evidence and the local 15 00:00:58,880 --> 00:01:03,079 civil rules of proceidure. First, plaintiff largely failed to provide 16 00:01:03,079 --> 00:01:06,840 any citation to evidence which would be admissible to challenge 17 00:01:06,879 --> 00:01:11,879 defendant statement of material undisputed facts, and therefore miss Maxwell's 18 00:01:12,159 --> 00:01:16,840 undisputed facts should be deemed admitted. Second, rather than set 19 00:01:16,879 --> 00:01:20,640 forth additional material facts as to which it is contended 20 00:01:20,879 --> 00:01:23,959 that there exists a genuine issue to be tried Local 21 00:01:24,000 --> 00:01:27,920 Civil Rule fifty six Dot one B, Plaintiff instead set 22 00:01:27,959 --> 00:01:32,280 forth her own purportedly undisputed facts. Because plaintiff did not 23 00:01:32,359 --> 00:01:36,719 cross move for some rejudgment, her supposedly undisputed facts are 24 00:01:36,760 --> 00:01:40,439 not permitted by the rules and should be stricken Section one. 25 00:01:40,799 --> 00:01:45,200 Miss Maxwell's reply in supportive statement of undisputed facts one 26 00:01:45,760 --> 00:01:50,439 undisputed fact number one. In early twenty eleven, plaintiff, in 27 00:01:50,519 --> 00:01:55,000 two British tabloid interviews, made numerous false and defamatory allegations 28 00:01:55,200 --> 00:01:59,000 against Miss Maxwell. In the articles, plaintiff made no direct 29 00:01:59,079 --> 00:02:02,760 allegations at Miss Maxwell was involved in any improper conduct 30 00:02:03,040 --> 00:02:06,439 with Jeffrey Epstein, who had pleaded guilty in two thousand 31 00:02:06,480 --> 00:02:10,840 and seven to procuring a minor for prostitution. Nonetheless, plaintiff 32 00:02:11,080 --> 00:02:14,360 suggested that Miss Maxwell work with Epstein and may have 33 00:02:14,439 --> 00:02:17,520 known about the crime for which he was convicted. Examples 34 00:02:17,520 --> 00:02:22,159 A and B. Reply Plaintiffs cites no admissible evidence to 35 00:02:22,240 --> 00:02:27,439 contest these undisputed facts. McAuley Example thirty four in an 36 00:02:27,439 --> 00:02:31,240 email from Sharon Churchyard, a plaintiff. It is Miss Churcher's 37 00:02:31,280 --> 00:02:35,039 hearsay and therefore inadmissible in any event. It does not 38 00:02:35,159 --> 00:02:39,879 speak to the contents of Plaintiff's interviews with Churcher. McAuley declaration. 39 00:02:40,360 --> 00:02:44,840 Example thirty one is an FBI interview, also in admissible hearsay, 40 00:02:45,039 --> 00:02:48,719 which again does not describe plaintiff's interviews in news articles. 41 00:02:49,159 --> 00:02:52,840 In the absence of contrary evidence, undisputed fact one should 42 00:02:52,879 --> 00:02:57,879 be deemed admitted. Two undisputed fact number two. In the articles, 43 00:02:57,919 --> 00:03:01,240 plaintiff alleged she had sex with Prince Andrew, a well 44 00:03:01,240 --> 00:03:06,159 known businessman, a world renowned scientist, a respected liberal politician, 45 00:03:06,400 --> 00:03:09,000 and a foreign head of state. Examples A through B 46 00:03:09,120 --> 00:03:13,120 at five a reply. Plaintiff does not contest these facts, 47 00:03:13,439 --> 00:03:18,280 and they therefore should be deemed admitted. Three undisputed fact three. 48 00:03:18,560 --> 00:03:22,800 In response to the allegation, Miss Maxwell's British attorney, working 49 00:03:22,840 --> 00:03:26,919 with mister Gow, issued a statement on March ninth, twenty eleven, 50 00:03:27,159 --> 00:03:31,639 denying the various allegations about Miss Maxwell that have appeared 51 00:03:31,680 --> 00:03:35,919 recently in the media. These allegations are entirely false. Example 52 00:03:36,000 --> 00:03:41,039 C A reply Plaintiff denies that mister Barden issued a 53 00:03:41,080 --> 00:03:45,000 statement but offers no admissible evidence to refute this point. Further, 54 00:03:45,120 --> 00:03:48,800 she acknowledged that the statement was issued by Devonshire solicitors 55 00:03:49,159 --> 00:03:53,560 mister Barden's law firm four undisputed fact four. The statement 56 00:03:53,800 --> 00:03:58,919 read and full, London, March tenth, twenty eleven. Kallainne Maxwell 57 00:03:58,960 --> 00:04:01,960 denies the various outlegy dellegations about her that have appeared 58 00:04:02,000 --> 00:04:05,840 recently in the media. These allegations are entirely false. It 59 00:04:05,919 --> 00:04:10,120 is unacceptable that letters sent by miss Maxwell's legal representatives 60 00:04:10,240 --> 00:04:13,520 to certain newspapers pointing out the truth and asking for 61 00:04:13,560 --> 00:04:17,879 the allegations to be withdrawn have simply been ignored. In 62 00:04:17,920 --> 00:04:21,399 the circumstances, Miss Maxwell is now proceeding to take legal 63 00:04:21,439 --> 00:04:25,360 action against those newspapers. I understand that newspapers need to 64 00:04:25,399 --> 00:04:28,879 sell copies. It is well known that certain newspapers live 65 00:04:28,959 --> 00:04:31,120 by the adage why let truth get in the way 66 00:04:31,160 --> 00:04:34,480 of a good story. However, the allegations made against me 67 00:04:34,800 --> 00:04:38,199 are abhorrent and are entirely untrue, and I ask that 68 00:04:38,279 --> 00:04:41,839 they stop, said Glayne Maxwell. A number of newspapers have 69 00:04:41,959 --> 00:04:44,920 shown a complete lack of accuracy in their reporting of 70 00:04:44,959 --> 00:04:47,639 this story and a failure to carry out the most 71 00:04:47,720 --> 00:04:52,519 elementary investigation or any real due diligence. I am now 72 00:04:52,560 --> 00:04:55,959 taking action to clear my name, she said a reply. 73 00:04:56,360 --> 00:04:59,920 Plaintiff does not dispute the contents of the twenty eleven statement, 74 00:05:00,199 --> 00:05:04,399 and therefore it should be deemed admitted five undisputed Fact 75 00:05:04,480 --> 00:05:09,759 number five Plaintiff's gratuitous and lurid accusations. In an unrelated action. 76 00:05:10,319 --> 00:05:12,759 In two thousand and eight, to alleged victims of Epstein 77 00:05:13,040 --> 00:05:16,399 brought an action under the Crime Victim's Rights Act against 78 00:05:16,439 --> 00:05:20,480 the United States Government purporting to challenge Epstein's plea agreement. 79 00:05:21,079 --> 00:05:25,040 They alleged that the government violated their CVR rights by 80 00:05:25,160 --> 00:05:28,879 entering into an agreement example d at two. A reply 81 00:05:29,399 --> 00:05:33,319 Plaintiff stipulates to the facts contained in paragraph five, and 82 00:05:33,399 --> 00:05:38,160 therefore they should be deemed admitted number six undisputed fact 83 00:05:38,199 --> 00:05:42,720 number six. Seven years later, on December thirtieth, twenty fourteen, 84 00:05:42,800 --> 00:05:46,360 Miss Roberts moved to join the CVR action, claiming she 85 00:05:46,519 --> 00:05:50,879 too had her CVR rights violated by the government. On 86 00:05:51,000 --> 00:05:56,079 January first, twenty fifteen, Miss Roberts filed the corrected joinder 87 00:05:56,160 --> 00:06:00,439 motion example d at one O nine reply plaintiff agreed 88 00:06:00,480 --> 00:06:05,199 to this paragraph seven Undisputed Fact number seven. The issue 89 00:06:05,240 --> 00:06:08,399 presented in her joint her motion was narrow whether she 90 00:06:08,439 --> 00:06:11,560 should be permitted to join the CVRA action as a 91 00:06:11,600 --> 00:06:15,720 party under Federal Rule of Civil Procedure twenty one, specifically 92 00:06:16,120 --> 00:06:18,920 whether she was a known victim of mister Epstein and 93 00:06:18,959 --> 00:06:22,839 the government owed them CVR duties. Yet, the bulk of 94 00:06:22,879 --> 00:06:27,079 emotion consists of copious factual details that plaintiff and her 95 00:06:27,120 --> 00:06:31,120 co movement would prove if allowed to join. Miss Roberts 96 00:06:31,120 --> 00:06:35,759 gratuitously included provocative and lurid details of her alleged sexual 97 00:06:35,800 --> 00:06:40,800 activities as an alleged victim of sexual trafficking. A reply, 98 00:06:41,319 --> 00:06:44,480 plaintiff does not dispute that Judge Marra made the findings 99 00:06:44,519 --> 00:06:48,800 detailed in Undisputed Fact seven. Further, she admits that the 100 00:06:48,839 --> 00:06:52,319 government refused to stipulate that she had been sexually abused 101 00:06:52,319 --> 00:06:56,319 by Jeffrey Epstein and his co conspirators, including co conspirator 102 00:06:56,360 --> 00:06:59,519 Alan Dershowitz, which would make her a victim of a 103 00:06:59,560 --> 00:07:04,839 broad set trafficking conspiracy. Although she now admits there were 104 00:07:04,879 --> 00:07:09,160 other reasons for inclusion of such lurid details, those reasons 105 00:07:09,199 --> 00:07:12,439 were rejected by Judge Mara, as she does not offer 106 00:07:12,519 --> 00:07:16,000 any admissible evidence to contradict the findings made by Judge Marra. 107 00:07:16,560 --> 00:07:20,680 This fact, specifically, Judge Mara's findings should be deemed admitted. 108 00:07:21,120 --> 00:07:25,120 In any event, we request under Federal rule evid. Two 109 00:07:25,160 --> 00:07:28,519 one c two that the Court take judicial notice of 110 00:07:28,639 --> 00:07:32,319 the contents of Judge Mara's ruling and disorder number eight 111 00:07:32,600 --> 00:07:36,160 undisputed fact number eight. At the time they filed the motion, 112 00:07:36,319 --> 00:07:39,079 Miss Roberts and her lawyers knew that the media had 113 00:07:39,120 --> 00:07:42,480 been following the Epstein criminal case and the CVR action. 114 00:07:43,079 --> 00:07:47,319 While they deliberately filed the motion without disclosing Miss Robert's name, 115 00:07:47,600 --> 00:07:50,240 claiming the need for privacy and secrecy, they made no 116 00:07:50,279 --> 00:07:53,480 attempt to file the motion under seal. Quite the contrary, 117 00:07:53,519 --> 00:07:57,959 they filed the motion publicly example d at one and one. 118 00:07:58,839 --> 00:08:03,199 A reply. Plaintiff offers no admissible evidence to refute these facts, 119 00:08:03,439 --> 00:08:07,439 and they therefore should be deemed admitted. Specifically, she does 120 00:08:07,439 --> 00:08:10,600 not offer any evidence to dispute that she knew the 121 00:08:10,639 --> 00:08:14,319 media had been following Epstein and the CVRA action, nor 122 00:08:14,439 --> 00:08:17,639 does she dispute that her attorneys made no attempt to 123 00:08:17,759 --> 00:08:21,360 file the motion under seal rather filing it publicly. The 124 00:08:21,480 --> 00:08:26,439 facts are thus admitted number nine undisputed Fact number nine. 125 00:08:26,560 --> 00:08:29,040 As the District Court noted in ruling on the joint 126 00:08:29,079 --> 00:08:32,919 or motion, miss Roberts names several individuals, and she offers 127 00:08:32,960 --> 00:08:35,879 details about the type of sex acts performed and where 128 00:08:35,879 --> 00:08:39,080 they took place. The Court ruled that these lurid details 129 00:08:39,320 --> 00:08:43,919 are unnecessary. The factual details regarding whom and where the 130 00:08:44,000 --> 00:08:48,519 jane those engaged in sexual activities are immaterial and impertinent, 131 00:08:49,000 --> 00:08:52,799 especially considering that these details involved non parties who were 132 00:08:52,840 --> 00:08:57,120 not related to the respond in government. Accordingly, these unnecessary 133 00:08:57,159 --> 00:09:02,000 details shall be stricken unstruck all of Miss Roberts's factual 134 00:09:02,000 --> 00:09:06,600 allegations relating to her alleged sexual activities and her allegations 135 00:09:06,600 --> 00:09:10,320 of misconduct by non parties. The Court said the striking 136 00:09:10,360 --> 00:09:13,120 of the lurid details was the sanction for Miss Roberts 137 00:09:13,120 --> 00:09:17,000 in proper inclusion of them in the motion. A reply 138 00:09:17,639 --> 00:09:21,440 plaintiff offers no admissible evidence to refute these facts, and 139 00:09:21,559 --> 00:09:25,960 they therefore should be deemed admitted see Reply to Undisputed 140 00:09:26,000 --> 00:09:29,600 Fact seven, Supra. In any event, we request under Federal 141 00:09:29,679 --> 00:09:32,440 rule of evidence two one C two that the Court 142 00:09:32,480 --> 00:09:36,080 take judicial notice of the contents of Judge Marra's ruling 143 00:09:36,320 --> 00:09:41,120 and disorder number ten undisputed Fact number ten. The District 144 00:09:41,200 --> 00:09:44,639 Court found not only that the lurid details were unnecessary, 145 00:09:44,840 --> 00:09:48,840 but also that the entire joinder motion was entirely unnecessary. 146 00:09:49,159 --> 00:09:52,039 Miss Roberts and her lawyers knew the motion, with all 147 00:09:52,080 --> 00:09:56,919 its lurid details was unnecessary because the motion itself recognized 148 00:09:57,159 --> 00:09:59,519 that she would be able to participate as a fact 149 00:09:59,519 --> 00:10:02,960 witness to achieve the same result she sought as a party. 150 00:10:03,360 --> 00:10:06,679 The Court denied Plaintiff's joined or motion id at seven 151 00:10:06,720 --> 00:10:11,480 through ten number eleven undisputed Fact number eleven. One of 152 00:10:11,480 --> 00:10:14,840 the non parties Miss Roberts named repeatedly in the joinder 153 00:10:14,879 --> 00:10:18,559 motion was Miss Maxwell. According to the lurid details of 154 00:10:18,639 --> 00:10:22,480 Miss Roberts included in the motion, Miss Maxwell personally was 155 00:10:22,519 --> 00:10:25,799 involved in a sexual abuse and a sex trafficking scheme 156 00:10:26,080 --> 00:10:31,080 created by Epstein. Miss Maxwell approached plaintiff in nineteen ninety nine, 157 00:10:31,240 --> 00:10:34,120 when plaintiff was fifteen years old, to a recruiter into 158 00:10:34,120 --> 00:10:37,039 the scheme. Miss Maxwell was one of the main women 159 00:10:37,279 --> 00:10:41,639 Epstein used to procure underage girls for sexual activities. Miss 160 00:10:41,639 --> 00:10:45,039 Maxwell was a primary co conspirator with Epstein in his scheme. 161 00:10:45,799 --> 00:10:48,799 She persuaded plaintiff to go to Ebstein's mansion in a 162 00:10:48,840 --> 00:10:51,879 fashion very similar to the manner in which Epstein and 163 00:10:51,919 --> 00:10:56,440 his other co conspirators coerced dozens of other children at 164 00:10:56,440 --> 00:10:59,639 the mansion. When plaintiff began to giving Epstein a massage, 165 00:10:59,679 --> 00:11:04,039 he and Miss Maxwell turned it into a sexual encounter. Epstein, 166 00:11:04,320 --> 00:11:07,399 with the assistance of Miss Maxwell, converted plaintiff into a 167 00:11:07,440 --> 00:11:10,799 sex slave. Plaintiff was a sex slave from about nineteen 168 00:11:10,879 --> 00:11:14,720 ninety nine through two thousand and two. Miss Maxwell also 169 00:11:14,840 --> 00:11:18,519 was a co conspirator in Epstein's sexual abuse. Miss Maxwell 170 00:11:18,759 --> 00:11:23,159 appreciated the immunity she acquired under Epstein's plea agreement because 171 00:11:23,200 --> 00:11:26,960 the immunity protected her from prosecution from the crimes she committed. 172 00:11:27,120 --> 00:11:31,720 In Florida, Miss Maxwell participated in the sexual abuse of 173 00:11:31,759 --> 00:11:36,720 plaintiff and others. Miss Maxwell took numerous sexually explicit pictures 174 00:11:36,720 --> 00:11:40,799 of underage girls involved in sexual activities, including the plaintiff. 175 00:11:41,080 --> 00:11:44,399 She shared those photos with Epstein as part of her 176 00:11:44,480 --> 00:11:48,000 role in Epstein's sexual abuse ring. Miss Maxwell connected Epstein 177 00:11:48,279 --> 00:11:52,159 with powerful individuals so that Epstein could traffic Plaintiff to 178 00:11:52,279 --> 00:11:55,799 these persons. Plaintiff was forced to have sexual relations with 179 00:11:55,919 --> 00:11:59,639 Prince Andrew in Miss Maxwell's apartment in London. Miss Maxwell 180 00:11:59,679 --> 00:12:03,360 is illitated Plaintiff sex with Prince Andrew By acting as 181 00:12:03,360 --> 00:12:07,919 a madam for Epstein. Miss Maxwell assisted in internationally trafficking 182 00:12:07,960 --> 00:12:12,759 Plaintiff and numerous other young girls for sexual purposes. Plaintiff 183 00:12:12,919 --> 00:12:16,639 was forced to watch Epstein, Miss Maxwell, and others engage 184 00:12:16,679 --> 00:12:21,240 in illegal sexual acts with dozens of underage girls. Reply, 185 00:12:22,399 --> 00:12:26,200 Plaintiff offers no admissible evidence to refute the facts actually 186 00:12:26,240 --> 00:12:29,840 stated in the paragraph ie the lurid details as coined 187 00:12:29,840 --> 00:12:33,519 by Judge Marra were included in her CVR jointer motion. 188 00:12:34,039 --> 00:12:37,720 Plaintiff claims to offer admissible evidence to corroborate the statements 189 00:12:37,960 --> 00:12:40,720 she made in the joint motion. Setting aside for the 190 00:12:40,720 --> 00:12:44,360 moment that most of the cited documents are inadmissible hearsay 191 00:12:44,639 --> 00:12:48,360 as address later, such evidence should be disregarded because none 192 00:12:48,360 --> 00:12:51,279 of the offered documents speak to fact that these lurid 193 00:12:51,279 --> 00:12:55,120 details were actually included in the jointer motion, as a 194 00:12:55,120 --> 00:12:58,840 simple reading of example D reveals. Because Plaintiff does not 195 00:12:58,879 --> 00:13:01,679 refute that point, the fact that the details were in 196 00:13:01,759 --> 00:13:05,919 the jointer motion should be deemed admitted. In any event, 197 00:13:06,039 --> 00:13:09,720 we request under Federal Rules of Evidence Tool one C 198 00:13:09,919 --> 00:13:12,919 two that the Court take judicial notice of the contents 199 00:13:13,039 --> 00:13:17,600 of Plaintiff's CVRA jointerer motion. What's up, everyone, and welcome 200 00:13:17,679 --> 00:13:20,720 back to the Epstein chronicles. We're going to pick back 201 00:13:20,799 --> 00:13:25,559 up with Glenn Maxwell's response to Virginia Roberts response to 202 00:13:25,679 --> 00:13:31,440 Gleann Maxwell's undisputed facts number twelve. Undisputed fact number twelve 203 00:13:31,799 --> 00:13:35,080 In the joint motion, plaintiff also alleged she was forced 204 00:13:35,080 --> 00:13:38,720 to have sex with the Harvard professor Alan Dershowitz, model 205 00:13:38,720 --> 00:13:42,879 scout Jean Luke Brunel, and many many other powerful men, 206 00:13:43,200 --> 00:13:49,159 including numerous prominent American politicians, powerful business executives, foreign presidents, 207 00:13:49,480 --> 00:13:54,080 a well known prime minister, and other world leaders. A reply, again, 208 00:13:54,159 --> 00:13:58,320 plaintiff offers no evidence that these lurid details were included 209 00:13:58,519 --> 00:14:01,799 in the joint motion, as indeed they were, and thus 210 00:14:01,879 --> 00:14:05,279 the fact that they were should be deemed admitted. Thirteen 211 00:14:05,759 --> 00:14:09,720 undisputed fact number thirteen. Plaintiffs said, after serving for four 212 00:14:09,799 --> 00:14:12,279 years as a sex slave, she managed to escape to 213 00:14:12,320 --> 00:14:15,039 a foreign country and hide out from Epstein and his 214 00:14:15,159 --> 00:14:19,799 co conspirators for years. Reply, Plaintiff does not dispute that she 215 00:14:19,960 --> 00:14:22,799 made the statement in her joint or motion, and it 216 00:14:22,919 --> 00:14:28,960 is admitted number fourteen undisputed fact Number fourteen. Plaintiffs suggested 217 00:14:29,000 --> 00:14:32,399 the government was part of Epstein's conspiracy when it secretly 218 00:14:32,440 --> 00:14:37,559 negotiated a non prosecution agreement with Ebstein precluding federal prosecution 219 00:14:37,919 --> 00:14:42,600 of Abstein and his co conspirators. The government secrecy, plaintiff alleged, 220 00:14:42,960 --> 00:14:46,320 was motivated by its fear that plaintiff would raise powerful 221 00:14:46,320 --> 00:14:49,960 objections to the agreement that would have shed tremendous public 222 00:14:50,039 --> 00:14:55,559 light on Epstein and other powerful individuals. Reply. Plaintiff does 223 00:14:55,600 --> 00:14:57,919 not contest the quoted contents of the joint or motion, 224 00:14:58,320 --> 00:15:03,240 but rather offers argument regarding plaintiff's purported belief. Plaintiff did 225 00:15:03,240 --> 00:15:06,799 not submit an affidavid attesting to such belief, and therefore 226 00:15:06,840 --> 00:15:10,639 no admissible evidence was cited or offered. The facts should 227 00:15:10,720 --> 00:15:16,159 therefore be deemed admitted fifteen undisputed fact number fifteen. Notably, 228 00:15:16,360 --> 00:15:19,759 the other Jane Doe who joined plaintiff's motion, who alleged 229 00:15:19,799 --> 00:15:23,320 she was sexually abused on many occasions by Epstein was 230 00:15:23,399 --> 00:15:27,399 unable to corroborate any of Plaintiff's allegations, ideas seven to 231 00:15:27,559 --> 00:15:32,039 eight reply. Plaintiff states the facts are untrue, but offers 232 00:15:32,120 --> 00:15:35,440 no admissible evidence to support that statement. She has no 233 00:15:35,480 --> 00:15:38,799 affidavid or other statement from the other Jane Doe, who 234 00:15:38,879 --> 00:15:42,279 was represented by Plaintiff's council and therefore had the ability 235 00:15:42,320 --> 00:15:46,360 to furnish such an avidavid. Indeed, Plaintiff acknowledges that the 236 00:15:46,399 --> 00:15:49,679 other Jane Doe does not know Miss Roberts these facts 237 00:15:49,759 --> 00:15:53,519 must be deemed admitted redacted, who is not the other 238 00:15:53,639 --> 00:15:57,360 Jane Doe, is irrelevant to the undisputed fact asserted. She 239 00:15:57,440 --> 00:16:01,000 also offers no corroboration of the same pattern of abuse, 240 00:16:01,240 --> 00:16:04,320 and in fact does not remember any such facts as 241 00:16:04,360 --> 00:16:08,120 already briefed see Document five sixty seven at twelve through 242 00:16:08,159 --> 00:16:14,039 fourteen sixteen Undisputed Facts sixteen. Also, notably, in our multiple 243 00:16:14,080 --> 00:16:17,720 and lengthy, consensual interviews with Miss Churcher three years earlier, 244 00:16:18,039 --> 00:16:21,240 plaintiffs told Miss Churcher of virtually none of the details 245 00:16:21,320 --> 00:16:26,080 she described in the joinder motion a reply Plaintiff's protestations, 246 00:16:26,080 --> 00:16:30,360 aside the Churcher articles attached to Miss Churchers sworn Affidavid 247 00:16:30,600 --> 00:16:33,559 filed in this case at document two sixteen and two 248 00:16:33,600 --> 00:16:37,720 sixteen one through two sixteen and two eighteen failed to 249 00:16:37,759 --> 00:16:41,759 include the vast majority of details included in plaintiffs CVRA 250 00:16:42,080 --> 00:16:45,720 joined her motion as any side by side comparison will reveal. 251 00:16:46,200 --> 00:16:51,000 Plaintiff's simple facile responses is that she did reveal details 252 00:16:51,080 --> 00:16:54,639 in twenty eleven consistent with those in the joinder motion. 253 00:16:55,240 --> 00:16:58,720 She offers no admissible evidence of these details she revealed 254 00:16:58,919 --> 00:17:02,519 to Miss Churcher, instead citing to a heavily redacted interview 255 00:17:02,799 --> 00:17:06,880 she purportedly gave to the FBI, not Miss Churcher. The 256 00:17:06,960 --> 00:17:10,559 purported FBI report in itself is hearsay, not to mention, 257 00:17:11,039 --> 00:17:15,400 redacted and prepared years after any supposed interview of plaintiff 258 00:17:15,799 --> 00:17:20,559 mcaulay Declaration Example thirty one. Because plaintiff offers no admissible 259 00:17:20,559 --> 00:17:24,319 evidence to contradict the discrepancies between the church Er articles 260 00:17:24,480 --> 00:17:27,960 and the joint or motion, these facts should be deemed admitted. 261 00:17:28,359 --> 00:17:33,960 Number seventeen undisputed Fact seventeen. Miss Maxwell's response to Plaintiff's 262 00:17:34,000 --> 00:17:39,039 lurid accusations. The January twenty fifteen statement as plaintiff and 263 00:17:39,079 --> 00:17:42,920 her lawyers expected before District Judge Mara in the CVRA 264 00:17:43,200 --> 00:17:46,799 action could strike the lurid details of Plaintiff's allegation in 265 00:17:46,880 --> 00:17:50,279 the joint or motion. Members of the media obtain copies 266 00:17:50,400 --> 00:17:55,519 of the motion example g A reply Plaintiff cites no 267 00:17:55,640 --> 00:17:59,000 contrary evidence and therefore the fact should be deemed admitted 268 00:17:59,599 --> 00:18:04,519 eighteen undisputed Fact Number eighteen. At mister Barden's direction, on 269 00:18:04,599 --> 00:18:09,440 January second, twenty fifteen, mister Gal sent to numerous representatives 270 00:18:09,440 --> 00:18:13,839 of British media organizations an email containing a quotable statement 271 00:18:14,039 --> 00:18:17,200 on behalf of Miss Maxwell. The email was sent to 272 00:18:17,440 --> 00:18:21,720 more than six and probably less than thirty media representatives. 273 00:18:21,880 --> 00:18:25,279 It was not sent to non media representatives. A reply 274 00:18:25,920 --> 00:18:30,319 plaintiff disputes as blatant falsehood without admissible evidence, that it 275 00:18:30,359 --> 00:18:34,319 was mister Barden who directed that the January second emails 276 00:18:34,359 --> 00:18:37,799 be sent to media organizations. She then goes on to 277 00:18:37,880 --> 00:18:41,599 quote the very section of mister Gal's deposition in which 278 00:18:41,599 --> 00:18:45,000 he surmises but does not know indicated by his statement 279 00:18:45,279 --> 00:18:48,400 it was his understanding that it was something that had 280 00:18:48,440 --> 00:18:52,079 been sent to Maxwell by Barden. Indeed, mister Barden clears 281 00:18:52,200 --> 00:18:55,880 up this confusion in his declaration, in which he unequivocally 282 00:18:55,880 --> 00:18:59,839 swore number ten. In liaison with mister Goo and my client, 283 00:19:00,200 --> 00:19:04,039 on January two, twenty fifteen, I prepared a further statement 284 00:19:04,200 --> 00:19:08,160 denying the allegations, and I instructed mister Goo to transmit 285 00:19:08,240 --> 00:19:11,200 it via email to members of the British media who 286 00:19:11,279 --> 00:19:15,960 had made inquiry about Plaintiff's allegations about Miss Maxwell. Attached 287 00:19:15,960 --> 00:19:19,000 as Exhibit A one is an email containing a true 288 00:19:19,279 --> 00:19:22,359 and correct copy of this statement. The statement was issued 289 00:19:22,359 --> 00:19:26,200 on my authority, although it is possible others suggested or 290 00:19:26,240 --> 00:19:29,759 contributed content. I prepared the vast majority of the statement 291 00:19:29,960 --> 00:19:33,160 and ultimately approved and adopted all of the statement as 292 00:19:33,240 --> 00:19:37,279 my work. Ten. Mister Goal surmises as to how the 293 00:19:37,279 --> 00:19:40,480 statement was forwarded to him and by whom, does not 294 00:19:40,680 --> 00:19:44,759 controvert the sworn testimony of mister Bardon himself. Again, without 295 00:19:44,799 --> 00:19:48,440 admissible evidence to the contrary, the facts must be deemed admitted. 296 00:19:48,960 --> 00:19:52,440 With regard to the number of media representatives to whom 297 00:19:52,480 --> 00:19:55,839 he sent the email, mister Gal testified it was between 298 00:19:55,920 --> 00:20:00,359 six and thirty. His further testimony offered by plaintiff that 299 00:20:00,400 --> 00:20:04,200 he spoke to over thirty journalists does not contradict that statement. 300 00:20:04,720 --> 00:20:08,119 Nowhere does plaintiff offer testimony that he read the statement 301 00:20:08,200 --> 00:20:12,119 to over thirty journalists. Instead, mister gal acknowledged it was 302 00:20:12,200 --> 00:20:15,240 very possible that he had ever read the statement to 303 00:20:15,319 --> 00:20:18,240 press or media over the phone, not that he read 304 00:20:18,240 --> 00:20:22,759 it to over thirty journalists. Plaintiffs selective cutting and pasting 305 00:20:23,119 --> 00:20:26,160 undercuts her so called evidence that the facts in paragraph 306 00:20:26,200 --> 00:20:29,680 eighteen are false and thus they ought to be deemed 307 00:20:29,920 --> 00:20:36,200 admissible nineteen undisputed fact number nineteen. Among the media representatives 308 00:20:36,200 --> 00:20:39,279 were Martin Robinson of The Daily Mail, p Peachey of 309 00:20:39,319 --> 00:20:43,079 The Independent, Nick Summerland of The Mirror, David Brown of 310 00:20:43,119 --> 00:20:47,200 The Times and Nick Always and Joanne Pew of the BBC, 311 00:20:47,880 --> 00:20:52,720 and David Mercer of the Press Association. These representatives were 312 00:20:52,759 --> 00:20:56,000 selected based on their request after the jointer motion was 313 00:20:56,039 --> 00:20:59,880 filed for a response from Miss Maxwell to Plaintiff's allegation 314 00:21:00,319 --> 00:21:05,559 in the motion a reply. While plaintiff decries the second 315 00:21:05,599 --> 00:21:09,880 sentence is false, her cited evidence contradicts her conclusion. Mister 316 00:21:09,920 --> 00:21:13,759 Gau testified that anytime there was an incoming query, it 317 00:21:13,880 --> 00:21:16,599 was either dealt with on the telephone by referring them 318 00:21:16,640 --> 00:21:19,680 back to the two statements, or someone would email them 319 00:21:19,720 --> 00:21:23,640 the statement, so no one was left unanswered McAuley declaration 320 00:21:24,039 --> 00:21:28,400 example six. As his testimony makes clear, mister Gow sent 321 00:21:28,440 --> 00:21:31,359 the statement to those journalists who made inquiry. He did 322 00:21:31,400 --> 00:21:34,440 not send it to anyone who did not. Based on 323 00:21:34,480 --> 00:21:40,759 the admissible evidence, this fact remains undisputed Number twenty. Undisputed 324 00:21:40,799 --> 00:21:44,160 fact number twenty. The email to the media members read, 325 00:21:44,440 --> 00:21:47,920 please find detached the quotable statement on behalf of Miss Maxwell. 326 00:21:48,240 --> 00:21:52,240 No further communication will be provided by her on this matter. 327 00:21:52,559 --> 00:21:56,480 Thanks for your understanding, Best Ross Jane Doe. Three is 328 00:21:56,559 --> 00:22:00,200 Virginia Roberts, so not a new individual. The allegations aaid 329 00:22:00,279 --> 00:22:04,720 by Victoria Roberts against Glainne Maxwell are untrue. The original 330 00:22:04,759 --> 00:22:08,000 allegations are not new and have been fully responded to 331 00:22:08,359 --> 00:22:12,160 and shown to be untrue. Each time the story is retold, 332 00:22:12,200 --> 00:22:16,079 it changes with new salacious details about public figures and 333 00:22:16,160 --> 00:22:19,319 world leaders. And now it is alleged by miss Roberts 334 00:22:19,480 --> 00:22:23,200 that Alan Dershowitz is involved in having sexual relations with her, 335 00:22:23,440 --> 00:22:27,160 which he denies. Miss roberts claims are obvious lies and 336 00:22:27,200 --> 00:22:30,240 should be treated as such and not publicized as news 337 00:22:30,599 --> 00:22:34,920 as they are defamatory Glaine Maxwell's original response to the 338 00:22:35,000 --> 00:22:39,440 lies and defamatory claims remains the same. Maxwell strongly denies 339 00:22:39,480 --> 00:22:42,759 allegations of an unsavory nature which have appeared in the 340 00:22:42,759 --> 00:22:46,039 British press and elsewhere, and reserves her right to seek 341 00:22:46,279 --> 00:22:51,559 redress at the repetition of such old defamatory claims. Reply 342 00:22:52,119 --> 00:22:55,000 Plaintiff does not dispute the contents of the email, and 343 00:22:55,119 --> 00:22:59,480 therefore it should be deemed admitted. Twenty one undisputed fact 344 00:22:59,559 --> 00:23:03,160 number two twenty one. Mister Barden, who prepared the January 345 00:23:03,160 --> 00:23:06,920 twenty fifteen statement, did not intend it as a traditional 346 00:23:06,960 --> 00:23:10,720 press release solely to disseminate information to the media, so 347 00:23:10,880 --> 00:23:14,079 he intentionally did not pass it through a public relations 348 00:23:14,119 --> 00:23:19,240 firm such as mister Gal's firm Acuity Reputation. Reply Plaintiff 349 00:23:19,279 --> 00:23:22,759 makes two responses as to the first sentence. She asserts, 350 00:23:22,799 --> 00:23:26,920 without evidentiary support, the court should not consider the Barton declaration. 351 00:23:27,440 --> 00:23:30,880 This argument is frivolous for the reasons given on pages 352 00:23:30,880 --> 00:23:34,839 eight eleven and twelve and eighteen nineteen of reply brief 353 00:23:34,880 --> 00:23:37,640 in support of motion for some rejudgment. It is a 354 00:23:37,680 --> 00:23:41,119 declaration provided by an attorney with knowledge of the facts 355 00:23:41,200 --> 00:23:44,640 mister Barden disclosed by defendant in a rule twenty six 356 00:23:44,720 --> 00:23:48,920 witnesses whom Plaintiff chose not to depose. As to the 357 00:23:48,960 --> 00:23:52,440 second sentence, Plaintiff offers two pieces of evidence which she 358 00:23:52,640 --> 00:23:56,039 argues disputes the facts in question. They do not that 359 00:23:56,119 --> 00:23:59,400 mister Gal forwarded this statement prepared by mister Barden to 360 00:23:59,440 --> 00:24:03,359 the media is not disputed. Rather, as mister Barden asserted 361 00:24:03,519 --> 00:24:07,279 in his declaration, and Plaintiff failed to cite contradictory evidence, 362 00:24:07,599 --> 00:24:10,079 he was the one who prepared the vast majority of 363 00:24:10,079 --> 00:24:13,599 the statement and instructed mister Goo to transmit it via 364 00:24:13,640 --> 00:24:18,039 email to members of the British media. He likewise averse 365 00:24:18,400 --> 00:24:22,039 that he did not intend the January twenty fifteen statement 366 00:24:22,279 --> 00:24:26,240 as a traditional press release solely to disseminate information to 367 00:24:26,319 --> 00:24:29,559 the media. This is why I intentionally did not request 368 00:24:29,759 --> 00:24:33,319 that mister Gow or any other public relations specialists prepare 369 00:24:33,680 --> 00:24:38,440 or participate in preparing the statement. Plaintiff fails to contradict 370 00:24:38,440 --> 00:24:43,160 mister barden sworn statement undisputed Fact number twenty two. The 371 00:24:43,279 --> 00:24:47,920 January twenty fifteen statement served two purposes. First, mister Barden 372 00:24:48,160 --> 00:24:51,519 intended that it mitigate the harm to miss Maxwell's reputation 373 00:24:51,839 --> 00:24:56,400 from the press republication of plaintiff's false allegations. He believed 374 00:24:56,599 --> 00:24:59,799 these ends could be accomplished by suggesting to the media that, 375 00:25:00,000 --> 00:25:03,799 among other things, they should subject plaintiff's allegations to inquiry 376 00:25:04,000 --> 00:25:07,599 and scrutiny. For example, he noted in the statement that 377 00:25:07,680 --> 00:25:12,759 plaintiff's allegations change dramatically over time, suggesting that their obvious 378 00:25:12,799 --> 00:25:17,680 lies and therefore should not be publicized as news. Reply, 379 00:25:18,119 --> 00:25:22,759 this paragraph, eliciting mister Barden's intent, is uncontroverted by plaintiff. 380 00:25:23,119 --> 00:25:27,000 She fails to cite any contradictory admissible evidence, instead making 381 00:25:27,079 --> 00:25:30,759 legal arguments. Her arguments are not admissible evidence e g. 382 00:25:31,240 --> 00:25:33,759 It is her statement, and she directed that it be 383 00:25:33,839 --> 00:25:36,799 sent to the media in public lacks any citation to 384 00:25:36,880 --> 00:25:41,880 record evidence. Plaintiff's list of evidence, she contends corroborates. Plaintiff's 385 00:25:41,880 --> 00:25:44,759 claims should be ignored as they do not pertain to 386 00:25:44,799 --> 00:25:49,759 mister Barden's purposes. In drafting the January second statement number 387 00:25:49,799 --> 00:25:54,559 twenty one undisputed fact number twenty one, mister Barden, who 388 00:25:54,599 --> 00:25:58,440 prepared the January twenty fifteen statement, did not intend it 389 00:25:58,720 --> 00:26:02,599 as a traditional press ReLU solely to disseminate information to 390 00:26:02,640 --> 00:26:05,480 the media, so he intentionally did not pass it through 391 00:26:05,519 --> 00:26:09,640 the public relations firm, such as mister Gal's firm Acuity Reputation. 392 00:26:10,599 --> 00:26:15,440 Reply Plaintiff makes two responses. As to the first sentence, 393 00:26:15,640 --> 00:26:19,200 she asserts, without evidentiary support, that the Court should not 394 00:26:19,319 --> 00:26:23,400 consider the Barden declaration. This argument is frivolous for the 395 00:26:23,440 --> 00:26:27,960 reasons given on page eight, eleven, twelve, eighteen, and nineteen 396 00:26:28,319 --> 00:26:31,000 of the reply brief in support of motion for a 397 00:26:31,000 --> 00:26:35,160 summary judgment. It is a declaration provided by an attorney 398 00:26:35,279 --> 00:26:38,480 with knowledge of the facts mister Barden disclosed by the 399 00:26:38,519 --> 00:26:42,559 defendant in her rule twenty six witnesses whom Plaintiff chose 400 00:26:42,599 --> 00:26:46,400 not to depose. As to the second sentence, Plaintiff offers 401 00:26:46,440 --> 00:26:49,880 two pieces of evidence which she argues disputes the facts 402 00:26:49,880 --> 00:26:53,400 in question. They do not that mister Gal forwarded the 403 00:26:53,440 --> 00:26:57,880 statement prepared by mister Barton to the media is not disputed. Rather, 404 00:26:58,119 --> 00:27:02,160 as mister Barden asserted in his declaration, and Plaintiff failed 405 00:27:02,200 --> 00:27:05,400 to cite contradictory evidence, he was the one who prepared 406 00:27:05,440 --> 00:27:08,680 the vast majority of the statement and instructed mister Goo 407 00:27:08,880 --> 00:27:12,119 to transmit it via email to members of the British media. 408 00:27:12,559 --> 00:27:16,640 Example at ten, he likewise avers that he did not 409 00:27:16,720 --> 00:27:20,880 intend the January twenty fifteen statement as a traditional press 410 00:27:20,920 --> 00:27:25,000 release solely to disseminate information to the media, and this 411 00:27:25,039 --> 00:27:28,559 is why I intentionally did not request that mister Goo 412 00:27:28,799 --> 00:27:33,160 or any other public relations specialist prepare or participate in 413 00:27:33,279 --> 00:27:37,599 preparing the statement. Plaintiff fails to contradict mister Barden's sworn 414 00:27:37,720 --> 00:27:42,480 statement number twenty two Undisputed fact number twenty two. The 415 00:27:42,599 --> 00:27:47,279 January twenty fifteen statement served two purposes. First, mister Bardon 416 00:27:47,599 --> 00:27:50,720 intended that it mitigate the harm to Miss Maxwell's reputation 417 00:27:51,079 --> 00:27:55,960 from the press's republication of plaintiff's false allegations. He believed 418 00:27:56,000 --> 00:27:59,720 these ends could be accomplished by suggesting to the media that, 419 00:27:59,720 --> 00:28:03,319 a along other things, they should subject plaintiff's allegations to 420 00:28:03,400 --> 00:28:07,359 inquiry and scrutiny. For example, he noted in the statement 421 00:28:07,440 --> 00:28:12,160 that plaintiff's allegations change dramatically over time, suggesting that their 422 00:28:12,279 --> 00:28:17,200 obvious lies and therefore should not be publicized as news. Reply, 423 00:28:17,880 --> 00:28:23,039 this paragraph, eliciting mister Barton's intent, is uncontroverted by plaintiff, 424 00:28:23,400 --> 00:28:27,599 she fails to cite any contradictory admissible evidence, instead making 425 00:28:27,720 --> 00:28:31,480 legal arguments. Her arguments are not admissible evidence e g. 426 00:28:32,000 --> 00:28:34,440 It is her statement, and she directed that it be 427 00:28:34,519 --> 00:28:38,200 sent to the media and public lacks any citation to 428 00:28:38,480 --> 00:28:44,200 record evidence. Plaintiff's list of evidence, she contends corroborates Plaintiff's claims, 429 00:28:44,279 --> 00:28:47,160 should be ignored as they do not pertain to mister 430 00:28:47,240 --> 00:28:52,279 Bardon's purposes. In drafting the January second statement Undisputed Fact 431 00:28:52,359 --> 00:28:57,160 Number twenty three second, mister Bardon intended the January twenty 432 00:28:57,200 --> 00:29:00,519 fifteen statement to be a shot across the bow the media, 433 00:29:00,839 --> 00:29:04,559 which he believed had been unduly eager to publish plaintiff's 434 00:29:04,599 --> 00:29:09,960 allegations without conducting an inquiry of their own. Accordingly the statement, 435 00:29:10,240 --> 00:29:14,960 he repeatedly noted that plaintiff's allegations were defamatory in this sense. 436 00:29:15,039 --> 00:29:18,680 The statement was intended as a cease and assist letter 437 00:29:18,920 --> 00:29:23,039 to the media recipients, letting the media recipients understand the 438 00:29:23,240 --> 00:29:28,119 seriousness with which Miss Maxwell considered the publication of plaintiff's 439 00:29:28,240 --> 00:29:33,000 obviously false allegations and the legal indefensibility of their own conduct. 440 00:29:33,720 --> 00:29:38,720 Reply again Plaintiff disputes mister Barton's intent without citation to 441 00:29:38,799 --> 00:29:43,000 record evidence. Plaintiff claims that Barden did not note anything 442 00:29:43,000 --> 00:29:46,039 in the statement, but the statement itself contains the phrase 443 00:29:46,359 --> 00:29:49,440 Miss Roberts claims or obvious lies and should be treated 444 00:29:49,440 --> 00:29:53,000 as such and not publicized as news as their defamatory 445 00:29:53,599 --> 00:29:57,960 Plaintiff's unsupported arguments should be ignored, and these facts pertaining 446 00:29:58,000 --> 00:30:02,359 to mister Bardon's intent deemed admitted Fact number twenty four 447 00:30:02,920 --> 00:30:06,839 Consistent with two purposes. Mister Gal's emails preface the statement 448 00:30:07,079 --> 00:30:10,559 with the following language please find attached to quotable statement 449 00:30:10,799 --> 00:30:13,920 on behalf of Miss Maxwell. The statement was intended to 450 00:30:13,920 --> 00:30:17,680 be a single, one time only, comprehensive response quoted in 451 00:30:17,759 --> 00:30:22,319 full to Plaintiff's December thirtieth, twenty fourteen allegations that would 452 00:30:22,359 --> 00:30:25,799 give the media Miss Maxwell's response. The purpose of the 453 00:30:25,839 --> 00:30:29,440 preparatory statement was to inform the media recipients of this 454 00:30:29,559 --> 00:30:34,759 intent reply. Plaintiff again disputes any statement related to mister 455 00:30:34,799 --> 00:30:38,599 Barden's purpose or intent, but offers no evidence contradicting his 456 00:30:38,720 --> 00:30:42,680 purpose or intent. She simply points out that Miss Maxwell 457 00:30:42,920 --> 00:30:46,640 retained mister Goo in early twenty fifteen, and that he 458 00:30:46,720 --> 00:30:49,839 works for a public relations firm which is non responsive 459 00:30:49,880 --> 00:30:53,200 to the fact that issue mister Bardon's intent with respect 460 00:30:53,240 --> 00:30:56,799 to language included in the statement. No one is contested 461 00:30:57,000 --> 00:30:59,920 that it was mister Gow who actually forwarded this statement 462 00:31:00,160 --> 00:31:03,240 to select members of the media who had requested a response. 463 00:31:03,720 --> 00:31:08,039 The facts that fourth should be deemed admitted undisputed. Fact 464 00:31:08,079 --> 00:31:11,759 number twenty five. Plaintiff's activities bring light to the rights 465 00:31:11,759 --> 00:31:16,319 of victims of sexual abuse. Plaintiff has engaged in numerous 466 00:31:16,359 --> 00:31:20,119 activities to bring attention to herself, to the prosecution and 467 00:31:20,200 --> 00:31:23,839 punishment of wealthy individuals such as Apstein, and to her 468 00:31:23,960 --> 00:31:27,119 claimed interest of bringing light to the rights of victims 469 00:31:27,279 --> 00:31:32,039 of sexual abuse. Reply Plaintiff offers no evidence to dispute 470 00:31:32,039 --> 00:31:36,720 the facts cited, and so they should be deemed admitted. Undisputed. 471 00:31:36,720 --> 00:31:42,519 Fact twenty six. Plaintiff created an organization, Victims Refuse Silence, Incorporated, 472 00:31:42,759 --> 00:31:46,880 a Florida corporation, directly related to her alleged experience as 473 00:31:46,880 --> 00:31:51,759 a victim of sexual abuse. Reply Plaintiff does not dispute 474 00:31:51,759 --> 00:31:56,480 this statement. Twenty seven undisputed Fact number twenty seven. The 475 00:31:56,559 --> 00:31:59,960 goal of Victims Refused silence was and continues to be 476 00:32:00,440 --> 00:32:05,119 to help survivors surmount the shame, silence, and intimidation typically 477 00:32:05,160 --> 00:32:09,279 experienced by victims of sexual abuse. Towards this end, Plaintiff 478 00:32:09,559 --> 00:32:13,799 has dedicated her professional life to helping victims of sexual trafficking. 479 00:32:14,680 --> 00:32:19,079 Reply Plaintiff agrees twenty eight undisputed fact Number twenty eight. 480 00:32:19,640 --> 00:32:23,839 Plaintiff repeatedly has sought out media organizations to discuss her 481 00:32:23,880 --> 00:32:27,960 alleged experience as a victim of sexual abuse. This reply 482 00:32:28,079 --> 00:32:32,079 statement at fifty one through fifty four and two through eleven, 483 00:32:32,359 --> 00:32:36,079 and referenced and exhibits Document two sixty one, two two 484 00:32:36,119 --> 00:32:42,880 sixteen and example n kk L and MM Reply. Plaintiff 485 00:32:42,920 --> 00:32:46,359 denies this contention, points to an email from Sharon Churcher 486 00:32:46,640 --> 00:32:49,640 seeking to interviewer, and asserts that it was the media 487 00:32:49,920 --> 00:32:52,799 that sought her out the weight of evidence cited by 488 00:32:52,839 --> 00:32:56,519 defendant at paragraphs fifty one through fifty four. In addition, 489 00:32:56,559 --> 00:33:00,359 the plaintiff's own documents belie this assertion. She d through 490 00:33:00,359 --> 00:33:04,160 her attorneys, sought out a videotaped interview with ABC News. 491 00:33:04,440 --> 00:33:08,119 She sent her book manuscript to publishers and literary agents, 492 00:33:08,640 --> 00:33:12,880 and expressed anticipation and frustration that her exclusive contract with 493 00:33:12,960 --> 00:33:16,079 the Mail prevented her for a period of time from 494 00:33:16,119 --> 00:33:20,880 marketing her a book. Plaintiff disputed none of these activities 495 00:33:21,000 --> 00:33:24,039 she freely engaged in for years, and thus these facts 496 00:33:24,039 --> 00:33:29,200 should be admitted. Twenty nine. On December thirtieth, twenty fourteen, 497 00:33:29,559 --> 00:33:34,160 plaintiff publicly filed an entirely unnecessary joined her motion laden 498 00:33:34,200 --> 00:33:38,039 with unnecessary lurid details about being sexually abused as a 499 00:33:38,039 --> 00:33:41,720 minor victim by wealthy and famous men and being trafficked 500 00:33:41,799 --> 00:33:45,720 all over the world as a sex slave. Reply. Plaintiff 501 00:33:45,799 --> 00:33:51,359 argues that her lurid details were necessarily legal. Judge Mora, however, 502 00:33:51,599 --> 00:33:54,559 has already held that they were not, and her legal arguments, 503 00:33:54,640 --> 00:33:58,240 unsupported by any actual evidence in this case, cannot serve 504 00:33:58,279 --> 00:34:03,079 to controvert his findings. As quoted thirty, the plaintiff's alleged 505 00:34:03,079 --> 00:34:06,240 purpose in filing the jointer motion was to vintigate her 506 00:34:06,319 --> 00:34:11,360 rights under the CVRA. Exposed the government secretly negotiated non 507 00:34:11,400 --> 00:34:15,679 prosecution agreement with Epstein, shed tremendous public light on Epstein 508 00:34:16,000 --> 00:34:19,800 and other powerful individuals that would undermine the agreement and 509 00:34:19,880 --> 00:34:24,239 support the cvra's Plaintiff's request for documents that would show 510 00:34:24,239 --> 00:34:28,440 how Epstein used as powerful political and social connections to 511 00:34:28,480 --> 00:34:31,639 secure a favorable plea deal and the government's motive to 512 00:34:31,679 --> 00:34:35,440 hate Epstein and his co conspirators. Example d At one, 513 00:34:35,679 --> 00:34:41,039 six and seven, and ten. Reply Plaintiff fails to offer 514 00:34:41,199 --> 00:34:44,639 any evidence to controvert the contents of her CVRA joined 515 00:34:44,639 --> 00:34:47,880 her motion, and thus the fact should be deemed admitted. 516 00:34:49,039 --> 00:34:53,360 Number thirty one undisputed Fact Number thirty one Plaintiffs written 517 00:34:53,360 --> 00:34:56,239 the manuscript of a book she has been trying to publish, 518 00:34:56,320 --> 00:35:00,000 detailing her alleged experience as a victim of sexual abuse 519 00:35:00,480 --> 00:35:05,840 and sex trafficking in Epstein's alleged scheme. Reply Plaintiff directs 520 00:35:05,840 --> 00:35:09,159 the court to her response to paragraph fifty two and 521 00:35:09,280 --> 00:35:13,719 suggests the factual statement is misleading. She, however, offers no 522 00:35:13,840 --> 00:35:18,440 contradictory admissible evidence, and thus the fact should be deemed admitted. 523 00:35:19,039 --> 00:35:24,400 Thirty two undisputed Fact thirty two republication alleged by plaintiff. 524 00:35:24,960 --> 00:35:29,159 Plaintiff was required by interrogatory number six to identify any 525 00:35:29,199 --> 00:35:33,039 false statements attributed to miss Maxwell that were published globally, 526 00:35:33,400 --> 00:35:37,320 including within the Southern District of New York, as plaintiff alleged, 527 00:35:37,360 --> 00:35:41,639 and paragraph nine of count one of her complaint. In response, 528 00:35:41,679 --> 00:35:46,920 Plaintiff identified the January twenty fifteen statement and nine instances 529 00:35:47,119 --> 00:35:50,559 in which various news media published portions of the January 530 00:35:50,599 --> 00:35:56,360 twenty fifteen statement in news articles or broadcast stories reply 531 00:35:56,840 --> 00:36:01,280 her arguments aside, Plaintiff offers no admissible evidence to controvert 532 00:36:01,320 --> 00:36:04,880 the interrogatory request under a response which was limited to 533 00:36:04,960 --> 00:36:08,199 nine instances in which the press published portions of the 534 00:36:08,320 --> 00:36:12,920 January twenty fifteen statement. For example, plaintiff does not point 535 00:36:13,000 --> 00:36:16,559 to one single news story that published the entirety of 536 00:36:16,599 --> 00:36:21,360 the January twenty fifteen statement. In the absence of contrary evidence, 537 00:36:21,599 --> 00:36:26,280 the fact should be deemed admitted. Thirty three. In none 538 00:36:26,320 --> 00:36:28,960 of the nine instances was there any publication of the 539 00:36:29,119 --> 00:36:34,400 entire January twenty fifteen statement. Reply. Plaintiff does not and 540 00:36:34,480 --> 00:36:37,960 cannot point to any of the nine publications she disclosed 541 00:36:38,280 --> 00:36:42,199 or any of the other publications that published the entire 542 00:36:42,400 --> 00:36:46,320 January twenty fifteen statement, and this fact thus must be 543 00:36:46,360 --> 00:36:51,800 deemed admitted. Thirty four. Miss maxwell Ender agents exercised no 544 00:36:51,880 --> 00:36:56,440 control or authority over any media organization, including the media 545 00:36:56,559 --> 00:37:01,360 identified in Plaintiff's response to interrogatory number six in connection 546 00:37:01,440 --> 00:37:05,840 with the media's publication of portions of the January twenty 547 00:37:05,880 --> 00:37:11,480 fifteen statement. Reply, plaintiff profited evidence. Testimony from mister Gal 548 00:37:11,800 --> 00:37:14,880 fails to support her argument and fails to controvert the 549 00:37:14,960 --> 00:37:18,880 Bardon declaration as cited by the defendant. Nothing in the 550 00:37:18,920 --> 00:37:23,599 testimony establishes as plaintiff argues that the defendant hired Gal 551 00:37:23,880 --> 00:37:27,039 because his position allowed him to influence the press to 552 00:37:27,199 --> 00:37:31,119 publish her defamatory statement. The testimony is irrelevant to the 553 00:37:31,159 --> 00:37:35,280 factual point. Gal's testimony at most relates to why Miss 554 00:37:35,360 --> 00:37:38,559 Maxwell engaged mister Gal. It does not bear on the 555 00:37:38,599 --> 00:37:42,719 factual point, ie that Miss Maxwell, mister Gal or mister 556 00:37:42,800 --> 00:37:46,760 Barden did not exercise any control or authority over the 557 00:37:46,800 --> 00:37:50,440 media in the media's republication of portions of the statement. 558 00:37:50,960 --> 00:37:56,320 On this point, Plaintiff has failed to introduce any contrary evidence. Accordingly, 559 00:37:56,360 --> 00:38:01,119 the fact should be deemed admitted. Thirty five Plaintiff's defamation 560 00:38:01,199 --> 00:38:05,079 action against Miss Maxwell. Eight years after Epstein's guilty plea, 561 00:38:05,320 --> 00:38:08,639 Plaintiff brought this action, repeating many of the allegations she 562 00:38:08,800 --> 00:38:13,159 made in her CVR joined her motion. Reply Plaintiff agrees 563 00:38:14,280 --> 00:38:18,480 thirty six. The complaint alleged that the January twenty fifteen 564 00:38:18,559 --> 00:38:23,360 statement contained the following deliberate falsehoods. A that Roberts sworn 565 00:38:23,360 --> 00:38:27,679 allegations against Maxwell are untrue. B that the allegations have 566 00:38:27,760 --> 00:38:31,440 been shown to be untrue. C that Robert's claims are 567 00:38:31,519 --> 00:38:38,400 obvious lies. A reply Plaintiff agreed thirty seven. Plaintiff lived 568 00:38:38,440 --> 00:38:42,440 independently from her parents with her fiance long before meeting 569 00:38:42,440 --> 00:38:47,000 Epstein or Maxwell. After leaving the Growing Together drug rehabilitation 570 00:38:47,119 --> 00:38:50,400 facility in nineteen ninety nine, plaintiff moved in with the 571 00:38:50,440 --> 00:38:54,400 family of a fellow patient, example l at seven and 572 00:38:54,519 --> 00:38:58,039 eight and twelve through fourteen. There she met and became 573 00:38:58,119 --> 00:39:01,719 engaged to her friend's brother, j James Michael Ostrich ID 574 00:39:02,159 --> 00:39:06,079 at nineteen. She and Ostrich thereafter rented an apartment in 575 00:39:06,119 --> 00:39:09,559 the Fort Lauderdale area with another friend and both worked 576 00:39:09,599 --> 00:39:13,639 at various jobs in the area. Later, they stayed briefly 577 00:39:13,880 --> 00:39:16,800 with plaintiff's parents in the Palm Beach locks A Hatchie, 578 00:39:16,800 --> 00:39:20,880 Florida area, before Ostrich rented an apartment for the couple 579 00:39:21,119 --> 00:39:25,119 on ben Oak Drive in Royal palm Beach id At seventeen, 580 00:39:25,400 --> 00:39:30,119 nineteen twenty five through twenty seven. Although plaintiff agreed to 581 00:39:30,159 --> 00:39:33,559 marry Ostrich, she never had any intention of doing so. 582 00:39:34,559 --> 00:39:38,199 Example n at one twenty seven and one twenty eight 583 00:39:38,599 --> 00:39:43,559 reply Plaintiff offers argument without an affidavid or any other 584 00:39:43,679 --> 00:39:48,920 contradictory evidence regarding whether a plaintiff voluntarily lived independently or 585 00:39:49,000 --> 00:39:52,440 whether a reasonable person could assert that she was engaged. 586 00:39:52,760 --> 00:39:56,000 Mister Ostrich and Plaintiff agreed that they were engaged and 587 00:39:56,079 --> 00:40:00,000 testified accordingly as cited. In the absence of admissible eviane. 588 00:40:00,320 --> 00:40:03,880 To the contrary, the facts as described by her fiance 589 00:40:04,280 --> 00:40:08,079 in his deposition should be deemed admitted. All right, folks, 590 00:40:08,079 --> 00:40:10,199 we're going to wrap up this episode right here, and 591 00:40:10,320 --> 00:40:12,519 in the next episode we're gonna pick up where we 592 00:40:12,639 --> 00:40:15,639 left off. All of the information that goes with this 593 00:40:15,719 --> 00:40:18,400 episode can be found in the description box.