…Plaintiff’s Intentional Destruction of Evidence and states as follows: INTRODUCTION All of Plaintiff’s hyperbole and indignation cannot change the simple fact that Plaintiff willfully and intentionally She then either lost a destroyed …
…documents SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 Case 1:15-cv-07433-LAP Document 587 Filed 02/02/17 Page 3 of 10 3 H1j6giua 1 that were destroyed. There are two sets of documents that 2…
…of her story contained in the CVRA litigation differed materially from Rather than having her new story impeached by her own words, she destroyed the unfavorable evidence. Such willful and intentional destruction of evidence warrants an adverse inference jury instruction…
…as a witness in the CVRA action, her duty to preserve this evidence attached. She then either lost a destroyed a second relevant journal after the commencement of this litigation. The intentional destruction of this evidence, regardless of the motive…
…w emgries and events .. Rather than having her new story impeached by her own words, she destroyed the unfavorable evidence. Such willful and intentional destruction of evidence I warrants an adverse inference jury instruction, if not outright dismissal of Plaintiff…
…2009) (“Where a party violates a court order—either by destroying evidence when directed to preserve it or by failing to produce information because relevant data has been destroyed—Rule 37(b) of the Federal Rules of Civil Procedure provides…
…from 20 whom discovery was sought and obtained in the Maxwell matter, 21 didn't rely on the promises made in the protective order that 22 the materials would be destroyed or returned at the conclusion 23 of that case…
…which now permits an adverse inference instruction only when the court finds that a spoliating party purposefully and willfully destroys evidence and that party “acted with the intent to deprive another party of the information's use in the litigation…
…but also Plaintiff’s knowledge of said representations. Plaintiff claims that the presence of Ms. Maxwell’s agent Ross Gow on communications with her attorney destroyed the privilege, despite binding New York law to the contrary. Plaintiff asserts that Ms…
…the sole purpose of enabling Defendant and others to communicate with Jeffrey Epstein - has no communications with Epstein or the other co-conspirators, is extremely strong indicia that someone destroyed those email communications. Their destruction warrants an adverse inference instruction…
…the president of a non-profit corporation designed to help victims of sex trafficking, and inasmuch as they destroyed her credibility and reputation among members of the community that seek her help and that she seeks to serve.” Complaint ¶ 11…
…individualized process. And, the “highly confidential” documents are not referenced in paragraph 12. Presumably these types of documents would be destroyed at the conclusion of the case. F. Proposed Paragraph 13 Adds Another Layer of Unnecessary Uncertainty Ms. Maxwell’s…
…Instead, Defendant’s brief quotes extensively from cases in which parties destroyed evidence after the cause of action accrued and after the parties had notice of a duty to preserve. Those are inapposite. Because this is a losing argument for…
…WLR 114. That case is said to demonstrate that it is possible to disclose advice to an outsider without destroying or waiving the privilege which attaches to it other than as between the privilege owner and the third party. Those…
…conclusively establishing the privacy of Maxwell’s deposition testimony. Indeed, under the plain terms of the Protective Order, were required to return or destroy all confidential information at the conclusion of the case, including Maxwell’s deposition transcripts. refused to…
…upon, each document and all copies thereof which have been designated as CONFIDENTIAL shall be returned to the party that designated it CONFIDENTIAL, or the parties may elect to destroy CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents…
…questions were asked after this answer. F. Objected to Question Number 7 “In 2005, were you aware of any effort to destroy records of messages you had taken of women who had called Mr. Epstein in the prior period?” Ms…
…at pg. 184:14-185:6. Q. “In 2005, were you aware of any effort to destroy records of messages you had taken of women who had called Mr. Epstein in the prior period? MR. PAGLIUCA: Don’t answer that…
…court ' s 4 order. 5 Q. In 2 00 5 , were you aware of any 6 effort to destroy records of messages you had 7 taken of women who had called Mr. Epstein in 8 the prior period? 9 MR…
…they desperately seek to avoid disclosure of related materials they know are unfavorable, would destroy Plaintiff’s claim that she has been truthful, and reveal her attorneys’ knowledge of Plaintiff’s false statements in multiple sworn filings and her concerted…
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