EFTA01182928.pdf

Case 1:15-cv-07433-RWS Document 93 Filed 04/11/16 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X VIRGINIA L. GIUFFRE, Plaintiff, v. 15-cv-07433-RWS GHISLAINE MAXWELL, Defendant. X Declaration Of Laura A. Menninger In Further Support Of Motion To Compel Responses to Defendant's First Set of Discovery Requests to Plaintiff I, Laura A. Menninger, declare as follows: 1. I am an attorney at law duly licensed in the State of New York and admitted to practice in the United States District Court for the Southern District of New York. I am a member of the law firm Haddon, Morgan & Foreman, P.C., counsel of record for Defendant Ghislaine Maxwell ("Maxwell") in this action. I respectfully submit this declaration in support of Defendant's Reply In Support of Motion to Compel Responses to Defendant's First Set of Discovery Requests to Plaintiff. 2. On April 5, 2016, I spoke by telephone with Assistant United States Attorney Marie Villafana, counsel of record in Jane Doe #1 and Jane Doe #2 v. United States, #08- 80736-CIV, pending in the United States District Court for the Southern District of Florida, otherwise known as the Crime Victims Rights Act case. 3. Ms. Villafana advised me that her office is not conducting any criminal investigation of Ms. Ghislaine Maxwell. She also advised me that she is unaware of any law EFTA01182928  Case 1:15-cv-07433-RWS Document 93 Filed 04/11/16 Page 2 of 2 enforcement agency who is conducting an active criminal investigation of Ghislaine Maxwell. 4. Attached as Exhibit D is a true and correct copy of pages 1, 16 and 17 from Plaintiff's Revised Disclosure Pursuant to Fed. R. Civ. P. 26. By: Is/Laura A. Menninger Laura A. Menninger CERTIFICATE OF SERVICE I certify that on April 11, 2016, I electronically served this DECLARATION OF LAURA A. MENNINGER IN FURTHER SUPPORT OF MOTION TO COMPEL RESPONSES TO DEFENDANT'S FIRST SET OF DISCOVERY REQUESTS TO PLAINTIFF via ECF on the following: Sigrid S. McCawley BOIES, $CHILLER & FLEXNER, LLP 401 East Las Olas Boulevard, Ste. 1200 Ft. Lauderdale, FL 33301 smccawley@bsfllp.com /s/ Nicole Simmons Nicole Simmons 2 EFTA01182929 Case 1:15-cv-07433-RWS Document 93-1 Filed 04/11116 Page 1 of 4 EXHIBIT D EFTA01182930  Case 1:15-cv-07433-RWS Document 93-1 Filed 04/11/16 Page 2 of 4 United States District Court Southern District of New York Virginia L. Giuffre, Plaintiff, Case No.: I 5-cv-07433-RWS v. Ghislainc Maxwell, Defendant. PLAINTIFF, VIRGINIA GIUFFRE'S REVISED DISCLOSURE PURSUANT TO FED. R. CIV. P. 26 COMES NOW the Plaintiff, Virginia L. Giuffre, by and through her undersigned counsel, and serves this revised disclosure pursuant to Fed. R. Civ. P. 26 and states as follows: A. Witnesses: I. Virginia L. Giuffre cio Sigrid S. McCawley, Esq. Boies, Schiller & Flexner LLP 401 East Las Olas Boulevard, Suite 1200 Miami, Florida 33301 Tel: (954) 356-0011 Email: smecawlev®bsflIv.com Plaintiff- information regarding Defendant, Ghislainc Maxwell's conduct that is the subject of this action 2. Ghislaine Maxwell c/o Laura A. Menninger, Esq. HADDON, MORGAN & FOREMAN, P.C. 150 East I 0lh Avenue Denver, Colorado 80203 Tel: (303) 831-7364 Email: Imenninger©hmflaw.com Defendant in this action. EFTA01182931 Case 1:15-cv-07433-RWS Document 93-1 Filed 04/11/16 Page 3 of 4 iii. Giuffre needs continuing care as a result of the harm she has suffered. Ms. Giuffre was born August 9, 1983 and was 31.4 years old at the beginning of 2015 when the alleged harm occurred. The average remaining life expectancy for a 31 year old female is 51.1 years. iv. Based on a remaining life expectancy of 51.1 years, annual healthcare cost growth of 3.3% and a discount rate of 2.7%, the present value of expected treatment costs is $102,200 as of I/1/2015. b. Supporting Evidence: i. Ms. Giuffre is in the process of collecting records front her physicians ii. Ms. Giuffre's testimony iii. Ms. Giuffre is in the process of retaining an expert to calculate damages, and will provide further information through expert disclosure. 2. Past, present and future pain and suffering, mental anguish, humiliation, embarrassment, loss of self-esteem, loss of standing in the community, loss of dignity and invasion of privacy in her public and private life not less than $30,000,000.00. a. Computation Analysis i. Under New York law, defamation per se as alleged in this case presumes damages and special damages do not need to be plead and proven. See Celle v. Filipino Reporter Enterprises Inc., 209 F.3d 163, 179 (2nd Cir. 2000) (Second Circuit holding that '[i]f a statement is defamatory per se, injury is assumed. In such a case 'even where the plaintiff can show no actual damages at all, a plaintiff who has otherwise shown defamation may recover at least nominal damages' and the Second Circuit also confirmed an award of punitive damages). Ms. Giuffre has been severely damaged by the defamation of the defendant, by calling her claims ofsexual abuse "obvious lies". The defamation caused Ms. Giuffre to re-live the sexual abuse she previously endured. Ms. Giuffre has suffered and continues to suffer from the pain, mental anguish, humiliation, embarrassment, loss of self-esteem, loss of standing in the community, loss of dignity and invasion of privacy in her public and private life. The computation of this amount is in the province of the jury but Ms. Giuffre contends, including but not limited to, awards in other similar matters, that the 16 EFTA01182932 Case 1:15-cv-07433-RWS Document 93-1 Filed 04/11/16 Page 4 of 4 amount is not less than $30,000,000.00. Ms. Giuffre is in the process of retaining an expert, and will provide further information through expert disclosure. b. Supporting Evidence i. Ms. Giuffre's testimony ii. Witness testimony iii. Awards in similar matters iv. Ms. Giuffre is in the process of retaining an expert, and will provide fluffier information through expert disclosure. 3. Estimated lost income of $180,000 annually. Present value of $3,461,000 to $5,407,000. a. Computation Analysis i. Ms. Giuffre's estimated compensation capacity is $180,000 annually. Ms. Giuffre was born August 9, 1983 and was 31.4 years old at the beginning of 2015 when the alleged injury occurred. Her expected remaining work life based on mortality and probability of continued work was 20.2 years. Based on these factors, a 2% annual growth rate and a 2.4% discount rate, the present value of lost compensation is $3,461,000 as of 1/1/2015. ii. Alternatively, if Ms. Giuffre is assumed to work until a normal retirement age of 65, or 33.6 years from her age at the beginning of 2015, and based on an annual growth rate of 2.0% and a discount rate of 2.7%, the present value of lost compensation is $5,407,000 as of 1/1/2015. b. Supporting Evidence Materials regarding compensation and work life expectancy I) 2010 Life Table for Females, National Vital Statistics Report, November 6, 2014, U.S. Department ofHealth & Human Services, Centers for Disease Control & Prevention, National Center for Health Statistics. 17 EFTA01182933