…Motion to Dismiss stage. See, e.g., In re Giant Interactive Grp., Inc. Sec. Litig., 643 F. Supp. 2d 562, 573 (S.D.N.Y. 2009) (Sweet, J.) (Court not considering evidence outside of complaint in deciding motion to dismiss…
…to overcome some of the obstructionist tactics. Nittolo v. Brand, 96 F.R.D. 672, 676-77 (S.D.N.Y. 1983); Penthouse Int'l, Ltd. v. Playboy Enterprises, Inc., 663 F.2d 371, 390 (2d Cir. 1981) (affirming dismissal…
…315) and Supplement Motion for Adverse Inference Instruction (DE 338), an adverse inference is appropriate regarding the documents that Defendant is withholding under the Second Circuit’s test set forth in Residential Funding. Defendant has admitted to deleting emails as…
…of motion practice concerning these issues, and throughout all of the meet and confers, Defendant’s counsel has never presented a case supporting the far-fetched position that documents in the possession of the Defendant, and containing explicit references to…
…315) and Supplement Motion for Adverse Inference Instruction (DE 338), an adverse inference is appropriate regarding the documents that Defendant is withholding under the Second Circuit’s test set forth in Residential Funding. Defendant has admitted to deleting emails as…
…of motion practice concerning these issues, and throughout all of the meet and confers, Defendant’s counsel has never presented a case supporting the far-fetched position that documents in the possession of the Defendant, and containing explicit references to…
…of motion practice concerning these issues, and throughout all of the meet and confers, Defendant’s counsel has never presented a case supporting the far-fetched position that documents in the possession of the Defendant, and containing explicit references to…
…submitted, nor did I violate any court order by truthfully answering a question put to me by the opposing lawyer and offering to seal my answer. The BSF motion for sanctions was subsequently dismissed for lack of jurisdiction and standing…
…s Motion to Compel Defendant to Answer Deposition Questions in its June 20, 2016, Order. See June 20, 2016, Unredacted Order, at p. 9- 10. This deposition is currently scheduled for July 22, 2016. Ms. Giuffre is forced to take…
…VIRGINIA L. GIUFFRE, Plaintiff, v. 15-cv-07433-RWS GHISLAINE MAXWELL, Defendant. --------------------------------------------------X DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION TO
…Defendant waited an additional seven months to file this motion that she claims should result in the complete dismissal of this action. Such delay is unreasonable. The Second Circuit has held that “a motion for Rule 37 sanctions should be…
…IONS ACTIONS CON TRAC T I ) 463 ALIEN D~TAINE IO I ) 740 RAILWAY LABOR ACT [ I 891 AGRICULTURAL ACTS [ J 195 CONTRACT ( 1510 MOTIONS TO…
…DECLARATION OF SIGRID S. McCAWLEY IN SUPPORT OF PLAINTIFF’S REPLY TO MOTION TO EXCEED PRESUMPTIVE TEN DEPOSITION LIMIT I, Sigrid S. McCawley, declare that the below is true and correct to the best of my knowledge as follows: 1. …
…SUBJECT TO IMPROPER OBJECTION AND IMPROPER CLAIM OF PRIVILEGE Plaintiff Virginia Giuffre, by and through her undersigned counsel, respectfully submits this Motion to Compel Production of Documents For the reasons set forth below, this Court should grant Plaintiff’s Motion…
…Virginia L. Giuffre, Plaintiff, Case No.: 15-cv-07433-RWS v. Ghislaine Maxwell, Defendant. ________________________________/ PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION TO EXCLUDE POLICE REPORTS …
…Y. May 7, 2014) (denying motion to strike portions of memorandum of law as procedurally improper because it was not a “pleading”); 2 James Wm. Moore et. al., Moore's Federal Practice § 12.37[2] (3d ed. 2004) (“Motions, briefs…
…for those changes. The next allegation that has mutated with time in Churcher’s stories and in the Joinder Motion relates to Plaintiff’s age when she first met Epstein and the amount of time she spent working for him…
…Virginia L. Giuffre, Plaintiff, Case No.: 15-cv-07433-RWS v. Ghislaine Maxwell, Defendant. ________________________________/ RESPONSE IN OPPOSITION TO MOTION TO INTERVENE (DE 362) Sigrid McCawley (Pro Hac Vice…
…The entire deposition was far beyond the specific request made by Plaintiff in her Motion that Ms. Maxwell 6 be required to answer questions about adult consensual sexual activity – the only questions on which instructions were given in the first…
… Case No.: 15-cv-07433-RWS v. Ghislaine Maxwell, Defendant. ________________________________/ PLAINTIFF’S NON-REDACTED MOTION TO EXCEED PRESUMPTIVE TEN DEPOSITION LIMIT IN FEDERAL RULE CIVIL PROCEDURE 30(A)(2)(a)(ii) Sigrid Mc…