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Case 1:15-cv-07433-LAP Document 1320-33 Filed 01/03/24 Page 22 of 24
MDG, 2015 WL 4510273, at *5 (E.D.N.Y. July 24, 2015) (dismissal of claims under Rule 37 for
failure to provide Court Ordered medical releases relevant to claims).
Here, Ms. Maxwell seeks the lesser sanction of striking the claim or precluding evidence
only on the damages that relate to the withheld documents and information. The information
being withheld — medical and psychological providers and their records — related directly to the
claims for physical, psychological and emotional distress damages. The sanction sought is
commensurate with and directly related to Plaintiffs violation of the Court’s Order. Given the
ten days left in discovery Ms. Maxwell cannot adequately get discovery on this newly disclosed
evidence. In light of Plaintiffs continuing and persistent discovery misconduct, the punishment
fits.
CONCLUSION
WHEREFORE, Ms. Maxwell requests that this Court enter an Order:
1) Striking Plaintiff Damages Claims for psychological pain and suffering, mental
anguish and emotional distress (Complaint § 19), Physical, psychological and psychiatric injuries
and resulting medical expenses (Rule 26(a) Disclosures, Paragraph (C)(1)) and “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” (Rule 26(a) Disclosures, Paragraph (C)(1));
2) For attorneys’ fees and costs incurred in filing this Motion; and
3) Warning Plaintiff that further violation of this Court orders or the discovery rules may
result in the sanction of dismissal of her claims.
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Dates
Document Details
| Filename | Giuffre_Maxwell_Batch1_p00731.png |
| File Size | 251.1 KB |
| OCR Confidence | 94.9% |
| Has Readable Text | Yes |
| Text Length | 1,709 characters |
| Indexed | 2026-02-04 12:35:28.894780 |