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Case 1:15-cv-07433-LAP Document 1320-33 Filed 01/03/24 Page 18 of 24 fact and expectation of legal practice that an attorney who fails to abide by a court rule or order may be subject to sanctions or other adverse consequences.” In re Payne, 707 F.3d 195, 206 (2d Cir. 2013); see also Gurvey v. Cowan, Liebowitz & Lathman, P.C., No. 06 CIV. 1202 LGS HBP, 2014 WL 715612, at *6 (S.D.N.Y. Feb. 25, 2014) (“Although [the offending party] was not expressly warned of the consequences of disobeying my Orders, she is an attorney and is chargeable with knowing the consequences of violating a court order.” (footnote omitted)). B. Additional Rule 37(c) Factors for Failure to Comply With Initial Disclosure Requirements The factors considered under Rule 37(b) and (c) largely overlap, and the issues of willfulness and prejudice are addressed above. The two additional factors considered in imposing the sanctions for failure to provide required Rule 26(a) damages calculations and documents -- the importance of the information withheld and possibility of continuance — also warrant imposition of striking the claims for physical and emotional distress damages. 1. The information withheld is critically important As fully explained in the Motion to Compel Rule 26(a) disclosures, to date Plaintiff still has not provided an actual computation of the physical and emotional distress damages she claims. Despite specific discovery requests, Plaintiff failed to provide the information about her most current physical and mental health treatment providers — those people whom she saw after the alleged defamation. This information is critical to the defense against Plaintiff's damages claims. The undisclosed records demonstrate that Plaintiff did not seek any treatment immediately following the alleged defamatory statement on January 2, 2015. The first treatment she sought thereafter was on March 5, 2015 and was unrelated to any physical or emotional distress caused by the alleged defamatory statement. Instead, she was treated at a hospital for a domestic violence incident in which her husband strangled and punched her. This highly 15