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Giuffre_Maxwell_Batch1_p00731.png

Source: GIUFFRE_MAXWELL  •  Size: 251.1 KB  •  OCR Confidence: 94.9%
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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. 19

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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
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