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Case 1:15-cv-07433-LAP Document 1320-33 Filed 01/03/24 Page 21 of 24 Dr. Heaney, Donna Oliver P.A and Dr. Streeter — reside in Colorado. Because they are outside of the jurisdiction, they are not subject to be compelled to appear at trial, requiring that their depositions be taken to present their testimony. Ms. Maxwell does not wish to drag this case out, and should not be forced to incur the time and expense that would be required to obtain discovery from these hidden health care providers, especially at this late stage. IL. STRIKING CLAIMS FOR MEDICAL AND EMOTIONAL DISTRESS DAMAGES IS CONSISTENT WITH THE PURPOSE OF RULE 37, COMMENSURATE WITH THE INFORMATION WITHHELD, AND LESS HARSH THAN THE AVAILABLE DISMISSAL SANCTION. Under Rule 37, Ms. Maxwell could certainly request the more severe sanction of dismissal of the case.’ This most severe sanction would be appropriate in this circumstance. Dismissal is consistent with the sanctions imposed by many courts in this district and throughout New York in similar situations where medical records have been withheld despite a court order to produce, and those medical records are central to the issue in the case. See Nittolo v. Brand, 96 F.R.D. 672 (S.D.N.Y. 1983) (dismissing plaintiff's claims under Rule 37 for providing false and evasive answers concerning material facts including medical history); Skywark v. Isaacson, No. 96 CIV. 2815 JFK, 1999 WL 1489038, at *1 (S.D.N.Y. Oct. 14, 1999), aff'd, No. 96 CIV. 2815 (JFK), 2000 WL 145465 (S.D.N.Y. Feb. 9, 2000) (dismissal of Plaintiff’s claims for failure to turn over medical records relevant to claims, and withholding Court ordered information until uncovered by defendant); Jn re Consol. RNC Cases, No. 127, 2009 WL 130178, at *13 (S.D.N.Y. Jan. 8, 2009) (dismissal of emotional distress claims under Rule 37 for failure to turn over relevant medical records despite Court Order); Witharana v. Dorsey, No. 13-CV-3102 ENV 7 Obviously, the Court has the power to elect this sanction on its own should it so choose. 18