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Case 1:20-cr-00330-PAE Document613_ Filed 02/24/22 Page 60 of 66 sought to distance himself from his original statements, attempted to destroy evidence, and tried to flee from the media. Under analogous circumstances courts have refused discovery to individuals or entities under investigation. See John Doe Agency v. John Doe Corp., 493 U.S. 146, (1989) (recipient of a grand jury subpoena for certain records relating to a cost allocation appropriately denied access to records pursuant to a FOIA request). Any advance disclosure to Juror No. 50 of the questionnaire will undoubtably color Juror No. 50’s testimony and allow him to place himself in the best possible posture. Although there may come a time when Juror No. 50 1s entitled to this discovery—if he is charged with perjury, criminal contempt, or some other crime, for example—the time 1s not now. C. Juror No. 50’s filings should be stricken or, alternatively, remain under seal. Whether a claimant has standing is “the threshold question in every federal case, determining the power of the court to entertain the suit.” Jn re Gucci, 126 F.3d 380, 387— 88 (2d Cir. 1997) (citing Warth v. Seldin, 422 U.S. 490, 498, (1975)). Striking the pleading of a putative litigant is appropriate where the litigant lacks standing. United States v. All Right, Title & Int. in Prop., Appurtenances, & Improvements Known as 479 Tamarind Drive, Hallendale, Fla., No. 98 CIV. 2279 DLC, 2011 WL 1045095, at *2 (S.D.N.Y. Mar. 11, 2011). A stricken pleading 1s a nullity with no legal effect. Davis v. Bombardier Recreational Prod., Inc., No. 3:\.1CV236-TSL-MTP, 2012 WL 112202, at *3 (S.D. Miss. Jan. 12, 2012) (stricken amended complaint deemed a nullity and of 53 DOJ-OGR-00009061

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Filename DOJ-OGR-00009061.jpg
File Size 668.7 KB
OCR Confidence 93.4%
Has Readable Text Yes
Text Length 1,735 characters
Indexed 2026-02-03 17:41:04.824935