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Case 1:15-cv-07433-LAP Document 1328-23 Filed 01/05/24 Page 10 of 22 Defendant also cites a decision from Judge Cote in Tyco Intern. Ltd. v. Walsh, which allowed a delay in seeking discovery of financial information in that case because it was not clear if the issue would become relevant. But that case involved peculiar circumstances, which permitted discovery of financial information to be bi-furcated without any burden on the Court. Specifically, that case involved a bench trial, which allowed a delay between the liability phase and punitive damages phases of the trial. As the Court explained. “it would be premature to force the defendant to produce his net worth information at this time. If necessary, plaintiff will have an opportunity to obtain discovery on the defendant's financial circumstances as part of any post-trial discovery. Since the trial in this matter is a bench trial, no jury will be burdened by any delay occasioned by this discovery period.” Tyco Int'l Ltd. v. Walsh, No. 02-CV-4633 (DLC), 2010 WL 3000179, at *1 (S.D.N.Y. July 30, 2010). Of course, exactly the opposite situation exists here. Defendant would apparently have the Court delay until the jury returns with its verdict in favor of Ms. Giuffre before allowing discovery to proceed on Defendant’s financial circumstances. As a practical matter, this would seem to require sending the jury empaneled to hear liability issues home and then selecting a new, second jury on punitive damages issues — a new jury which would have to somehow be shown all of the previous testimony from the liability phase. See Hazeldine v. Beverage Media, Ltd., No. 94 CIV. 3466 (CSH), 1997 WL 362229, at *2-*3 (S.D.N.Y. 1997) (“allowing pre-trial plaintiffs' net worth; California limitations on such discovery did not apply in federal court); e Caruso v. Coleman Co., 157 F.R.D. 344 (E.D. Pa. 1994) (“In products liability action, plaintiffs would be allowed discovery of defendants’ financial statements and total sales revenue on the ground they are relevant to the issue of punitive damages; information regarding punitive damages is as discoverable as information that relates to liability, and discovery could proceed without prior proof of prima facie case on punitive damages.”). 10