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Case 1:15-cv-07433-LAP Document 1328-18 Filed 01/05/24 Page 24 of 50 Wheatley, 165 Misc.2d 954, 958, 630 N.Y.S.2d 835, 838 (N.Y. Sup.Ct. 1995) (holding that in a personal injury action, plaintiff’s waiver of the physician-patient privilege “is not a wholesale waiver of all information about the plaintiff’s entire physical and mental conditions but a waiver only of the physical and/or mental condition that is affirmatively placed in controversy’). 4, Interrogatory No. 13 is Overly Burdensome Defendant’s request for Ms. Giuffre’s pediatric medical records is also overly burdensome. Pursuant to the Federal Rules of Civil Procedure, if requested documents are not yielded in a “reasonable inquiry,” Ms. Giuffre is not obligated to expend all of her time and resources on a quest to gather medical files from her birth to the present. Defendant wrongly suggests that it is only burdensome because her “mental condition was so complex or required so much medical attention that it would be unduly burdensome for her to ‘track down’ all her medical providers.” This is mere fiction, like much of Defendant’s brief, but even Defendant’s fictitious argument cuts against her request: she admits it is burdensome. At any rate, Ms. Giuffre made no such claim about the nature of the burden. It is one thing for Defendant to argue the law, but it is improper to make up facts. Ms. Giuffre’s claim of burden is based on the fact that it is burdensome for anyone to track down pediatric medical records from one’s childhood because such records are hard if not impossible to find. Like all children, as a child, Ms. Giuffre was not responsible for seeking, arranging, paying for, or managing her health care. She does not remember any physicians or their names or any treatments.'° There is no practicable or non- burdensome way of obtaining that information. This Court already denied this request for good reason. '0 Ms. Giuffre has provided pediatric records that she was able to collect from the time period she was with Defendant an Epstein including an emergency hospital visit when Ms. Giuffre was underage that Defendant and Epstein took her to in New York City. 18