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When we get through with the rest of this stuff, we'll find out 
2 
if there is something in particular that you want prior to next 
3 
Friday and see what that is and see if we can get it. How is 
4 
that? 
5 
(Pause) 
6 
OK. Who pays for what and counsel, all of that? 
7 
Those are interesting problems and who knows how they all come 
8 
out. I think all of that is best served by reserving them 
9 
until the conclusion of the case, which is what I shall do. 
10 
The plaintiff wants to produce on a rolling basis and 
11 
to amend or add to the privilege log as the production goes 
12 
forward. I don't see any problem with that. 
13 
MS. MENNINGER: Your Honor, that's actually the issue 
14 
I was just alluding to. I understand -- and I have said I 
15 
don't have a problem with plaintiff producing her documents 
16 
over the course of the month because she has said that it is a 
17 
hardship for her to produce them all last night, which is when 
18 
they were due. However, she's trying to take our client's 
19 
deposition in the middle of her rolling production, in other 
20 
words, show up at the deposition with the documents she happens 
21 
to get --
22 
THE COURT: That's what I'm saying. Maybe what we'll 
23 
do is to deal with the document production issue separately. 
24 
MS. MENNINGER: OK. 
25 
THE COURT: And if there are some documents that 
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really seem to be important and they cannot be produced, then 
2 
maybe we'll put over the -- we'll see how that works. 
3 
MS. McCAWLEY: Your Honor, I may be able to short 
4 
circuit this. 
5 
THE COURT: Pardon me? 
6 
MS. McCAWLEY: I may be able to short circuit this a 
7 
little bit. We produced 3,000 pages last night. We are 
8 
continuing that production. We are moving as fast as we can. 
9 
We produced a privilege log with over 134 entries on it. We 
10 
are continuing to move that forward as quickly as we can. 
11 
With respect to her deposition, your Honor, I'm happy 
12 
to provide them in advance every document I will be using at 
13 
her deposition. In other words, if that is their issue, if it 
14 
means I can get her deposition next Friday, I will share with 
15 
them any document I intend to use at that deposition. 
16 
THE COURT: That seems to solve the problem, don't you 
17 
think? 
18 
MS. MENNINGER: Your Honor, I have to disagree. I got 
19 
this responsive objection last night at 9:30 p.m., while I was 
20 
here in New York. I've taken a look at it, and I can give your 
21 
Honor a sense of the types of objections that plaintiff has 
22 
lodged to our document request. For example, their client sold 
23 
her diary to Radar Online. It was published on Radar Online. 
24 
This diary contains plaintiff's allegations against my client. 
25 
So I asked for the diary that was sold to Radar Online. 
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THE COURT: You get it. 
2 
MS. MENNINGER: It is copyright and proprietary 
3 
protected. We're not going to produce it. So that's the kind 
4 
of example --
5 
THE COURT: No. You get it. 
6 
MS. McCAWLEY: She doesn't have a diary. She might be 
7 
referring to something else. I mean, my client doesn't have a 
8 
diary to produce. She doesn't have one. Those were 
9 
handwritten notes that she gave a reporter. She doesn't have 
10 
one. 
11 
THE COURT: So you are saying --
12 
MS. McCAWLEY: That request is broader. I mean 
13 
THE COURT: No. 
14 
MS. McCAWLEY: I didn't know we were going to be 
15 
addressing my requests today --
16 
THE COURT: 
as to the diary, you say it doesn't 
17 
exist. There is no diary, there are no notes, and whatever 
18 
there is has been the subject of the printed material? 
19 
MS. McCAWLEY: Yes. 
20 
MS. MENNINGER: Excerpts -- excerpts, your Honor, with 
21 
my client's name on them in plaintiff's handwriting were sold 
22 
to Radar Online, not the entire document. And when I asked for 
23 
the entire document, I was told that it is proprietary and 
24 
copyright protected. 
25 
THE COURT: What is "proprietary"? 
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MS. McCAWLEY: I think she's referring to a broader 
2 
request. My client doesn't have a diary, which is what she's 
3 
addressing right now. I don't have my requests in front of me, 
4 
your Honor. We were here on their requests. But if you want 
5 
to read the whole request, I can try and remember what 
6 
THE COURT: What are we talking --
7 
MS. McCAWLEY: Did they say I was withholding 
8 
documents? I don't think I said I was withholding documents on 
9 
that request. But, again, I don't have it in front of me and I 
10 
apologize. 
11 
MS. MENNINGER: The request number 16 reads: "Any 
12 
diary, journal, or calendar concerning your activity between 
13 
'96 and '02." 
14 
Response: Ms. 
objects to this request to the 
15 
extent it seeks proprietary- and copyright-protected material. 
16 
Ms. 
objects in that it seeks information protected by 
17 
the attorney-client privilege, the attorney work product 
18 
privilege, the joint defense, interest privilege, the agency 
19 
privilege, the investigative privilege, the spousal privilege, 
20 
the accountant/client privilege, and any other applicable 
21 
privilege." 
22 
THE COURT: Hot dog. I tell you, that's great. 
23 
MS. McCAWLEY: But did I say I didn't have --
24 
THE COURT: Shall we use that as the standard 
25 
objection to every document request and then let's forget about 
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it? OK, let's do this. 
2 
MS. McCAWLEY: Your Honor, may I be heard on just one 
3 
point on this issue? 
4 
If the standard were that someone could wait in a case 
5 
to request documents and then push off depositions by 
6 
continuing to file new requests, it's apparently --
7 
THE COURT: Yes. I hear you. I understand that 
8 
point. Look, obviously if there are documents that are covered 
9 
by the privilege, they have to be identified and logged. So 
10 
that's the privilege. 
11 
I don't know, what is this proprietary thing? What is 
12 
that all about? 
13 
MS. McCAWLEY: To the extent she has commercially 
14 
valuable material that she has written, that's covered by --
15 
it's covered by the protective order basically, that it would 
16 
be produced in a confidential format with a copyright-protected 
17 
format. So it is a general objection --
18 
THE COURT: So she will produce that, she will produce 
19 
everything --
20 
MS. McCAWLEY: If she has something like that, yes. 
21 
Like I said, we produced 3,000 pages yesterday. 
22 
THE COURT: And calendars and all of the rest of them? 
23 
MS. McCAWLEY: To the extent she has any of that, we 
24 
will produce it, your Honor. 
25 
THE COURT: All right. In other words, you are going 
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to produce everything except anything that you have that you 
2 
claim privilege as to which you will log? 
3 
MS. McCAWLEY: Yes. We have been logging --
4 
THE COURT: Well --
5 
MS. MENNINGER: Your Honor, on this particular one, 
6 
she says her client does not have any nonprivileged documents 
7 
created during the time period responsive to this request, and 
8 
then there are no privileged documents related to this log on 
9 
the privilege log. So I don't have any way to read this 
10 
request in a privilege log and figure out whether there are 
11 
noncopyright materials that weren't withheld or there are 
12 
privileged because all of these privileges were raised --
13 
THE COURT: I take it that what's being said is that 
14 
she has no privileged documents that would be covered by that 
15 
request? 
16 
MS. MENNINGER: That's not what the objection says. 
17 
And, your Honor, since she sold her handwritten notes about my 
18 
client to Radar Online, I know they exist because they were 
19 
excerpted on the Internet. 
20 
THE COURT: Yes, but she said she doesn't have them. 
21 
She said -- I mean, correct me if I am wrong. 
22 
MS. McCAWLEY: No, she doesn't have them. But, your 
23 
Honor, I am happy to have -- first of all, she hasn't conferred 
24 
on these issues that we are talking about here today. I am 
25 
happy to address them fully. I feel very comfortable with our 
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discovery production in this case. We will continue to roll it 
2 
out; we have done it timely. Unlike like the defendants, who I 
3 
served their discovery requests October 27th, your Honor. We 
4 
are now in March. I received two emails, two emails in 
5 
response. I produced 3,000 pages --
6 
MS. MENNINGER: Your Honor, she is --
7 
(Unintelligible crosstalk) 
8 
THE COURT: Ladies, we're not going to get anywhere if 
9 
we "who struck John." 
10 
MS. McCAWLEY: I understand, your Honor. 
11 
I think I proposed something very fair by saying that 
12 
I would share with her any document I intend to use at that 
13 
deposition. I just need the deposition. 
14 
THE COURT: I understand. I got you. OK. 
15 
Now, you will identify any document -- I mean, you 
16 
tell them -- give them any documents that you are going to use 
17 
in the deposition. 
18 
MS. McCAWLEY: Yes. 
19 
THE COURT: OK. Now, is there -- the business of this 
20 
production on -- you are going to have to -- well, wait a 
21 
minute. Let me put it this way. The objections to this 16 are 
22 
overruled except for the privilege. OK? 
23 
MS. MENNINGER: Your Honor, I've proposed dates for my 
24 
client to be available in two or three weeks, once we have 
25 
received a complete document production, which was due last 
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night, and I have been told we're not going to talk about dates 
2 
in two or three weeks. We haven't asked to set them out into 
3 
May or June. We've just asked for the documents that were due 
4 
last night to be produced to us before our client's deposition. 
5 
This isn't some kind of game. It's just she's been litigating 
6 
this case for seven years --
7 
THE COURT: OK. Well, we've dealt with the first 
8 
objection. Now, is there another one? 
9 
MS. McCAWLEY: Right. So we're here on my motion to 
10 
compel production of documents. I am just getting a little 
11 
confused because I don't -- we are here -- my motion to compel 
12 
production of documents from her based on my request that --
13 
THE COURT: Let's not worry about the --
14 
MS. McCAWLEY: OK. I just wanted to be clear. I 
15 
don't have in front of me the request that she is referring to. 
16 
THE COURT: OK. Anything else that you think you need 
17 
besides the documents she is going to use, the response to 16? 
18 
Anything else --
19 
MS. MENNINGER: Your Honor --
20 
THE COURT: -- that is critical for the deposition? 
21 
MS. MENNINGER: Your Honor, these were filed last 
22 
night at 9:30 p.m., the 3,000 pages were produced to my office, 
23 
which is in Colorado. I haven't looked at the 3,000 pages that 
24 
were produced last night. I will have to ask leave of the 
25 
Court to go back, look at the documents that were produced and 
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see what I am missing. 
2 
THE COURT: All right. If you want to, you can come 
3 
back on Thursday next week and we can argue about whether or 
4 
not the deposition should go forward on Friday. 
5 
MS. MENNINGER: OK. 
6 
THE COURT: That is all right with me. 
7 
MS. MENNINGER: That is acceptable, your Honor. 
8 
THE COURT: OK. So maybe we've solved that problem. 
9 
OK. Maybe. 
10 
Now, on the improper objections by the defendants. I 
11 
suppose I can assume that the defendants' objections are just 
12 
exactly the same as the plaintiff's objections. 
13 
MR. PAGLIUCA: No, your Honor. They are not. 
14 
MS. McCAWLEY: Oh, I'm sorry. This is my motion to 
15 
compel. Can I just address it initially so that I can lay out 
16 
for the Court what the issues are that we are raising on the 
17 
motion to compel? 
18 
THE COURT: I'm sorry. 
19 
MS. McCAWLEY: This is my motion to compel now. Can I 
20 
address -- am I able to address that? 
21 
THE COURT: Yes. 
22 
MS. McCAWLEY: So with respect to our motion to compel 
23 
the documents from the defendant, as you know, your Honor, 
24 
there are two main objections that I think have to be overcome 
25 
in order for us to get that production properly. The first 
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main objection is the fact that they are objecting to the time 
2 
period. So we have sought requests from 1999, which is in 
3 
around the time when my client contends she was involved with 
4 
these individuals, to the present. They objected that that 
5 
time period is overly broad. They only agreed to produce for 
6 
the period of 1999 to 2002 and for one month, from December 31, 
7 
2014 to January 31, 2015. So they cut out all the years in 
8 
between and anything post January 31, 2015. 
9 
Now, with respect to your Honor maybe saying why would 
10 
that time period be relevant, the entire time period is 
11 
relevant for a number of reasons. First, in 1999, that's when 
12 
my client first recalls being --
13 
THE COURT: We can agree 
think we can agree at 
14 
the outset that '99 to what is it? 
15 
MS. McCAWLEY: 2002. 
16 
THE COURT: 2002 is relevant. 
17 
MS. McCAWLEY: Right. 
18 
THE COURT: So what we're talking about is the 
what
19 
happened in 2002? 
20 
MS. McCAWLEY: My client was sent to Thailand by 
21 
Mr. Epstein and Ms. Maxwell for a training and to pick up 
22 
another --
23 
THE COURT: So she is no longer --
24 
MS. McCAWLEY: And she left. She fled to Australia. 
25 
THE COURT: OK. 
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