Latest / The Vault: The Epstein Files / Ghislaine Maxwell Motion For 37 B And C Sanctions During The Virginia Roberts Lawsuit (Part 1) (10/3/26)

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Ghislaine Maxwell Motion For 37 B And C Sanctions During The Virginia Roberts Lawsuit (Part 1) (10/3/26) · The Vault: The Epstein Files

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  Speaker 1: What's up everyone and welcome back to the Epstein Chronicles.
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  Speaker 1: In this episode, we're diving right back into those unredacted
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  Speaker 1: court documents. And this time we're going to begin taking
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  Speaker 1: a look at Ghislaine Maxwell's motion for Rule 37B and
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  Speaker 1: C sanctions for failure to comply with the court order
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  Speaker 1: and failure to comply with Rule 26A. Case number 15-CV07433-RWS.
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  Speaker 1: Virginia Roberts v. Ghislaine Maxwell Defendant Ghislaine Maxwell files this
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  Speaker 1: motion for Rule 37B and C sanctions for failure to
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  Speaker 1: comply with the court order and failure to comply with
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  Speaker 1: Rule 26A, stating as follows. Certificate of Conferral The undersigned
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  Speaker 1: has conferred with plaintiff's counsel on multiple occasions in an
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  Speaker 1: attempt to obtain records and interrogatory responses ordered by the
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  Speaker 1: court including by letter dated April 25, 2016, outlining the
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  Speaker 1: expected production and information. Manager, Declaration Example L. As set
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  Speaker 1: forth below, plaintiff has not produced the documents and did
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  Speaker 1: not provide complete or accurate information. Introduction. Plaintiff is playing
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  Speaker 1: a game of catch and release. She is withholding information,
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  Speaker 1: the court ordered be produced, and only releasing that information
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  Speaker 1: when she is caught in her deception. At the April 21,
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  Speaker 1: 2016 hearing on Ms. Maxwell's motion to compel, the court
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  Speaker 1: clearly ordered plaintiff to disclose all of her treating health
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  Speaker 1: care providers since 1999 and produce their records. Plaintiff did
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  Speaker 1: not do so and still has not provided the information
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  Speaker 1: to date. It is only through deposition testimony that Ms.
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  Speaker 1: Maxwell became aware of at least five, if not more,
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  Speaker 1: treating health care providers who were never previously identified. Yet
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  Speaker 1: plaintiff has never supplemented her discovery responses to include these
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  Speaker 1: health care providers. Plaintiff has also failed to provide records
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  Speaker 1: or has provided incomplete records of several of the health
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  Speaker 1: care professionals, both disclosed and newly discovered, despite her counsel's
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  Speaker 1: assurances to this court that all the records had been produced. Further,
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  Speaker 1: plaintiff has still failed to provide an actual computation of
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  Speaker 1: her damages, or any documentation supporting those claims. These discovery
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  Speaker 1: abuses cannot be condoned. All of this information is directly
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  Speaker 1: relevant to and necessary to defend against plaintiff's damages claims
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  Speaker 1: for psychological and psychiatric injuries and resulting medical expenses and past, present,
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  Speaker 1: and future pain and suffering, as well as mental anguish, humiliation, embarrassment,
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  Speaker 1: and loss of self-esteem. Plaintiff's claims for these categories of
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  Speaker 1: damages must be stricken or evidence as to these damages
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  Speaker 1: precluded from trial under Federal Rule Civ P. 37B2A2 and 3
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  Speaker 1: and Fed R.Civ P37C1C. The Background Facts On February 12, 2016, Ms.
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  Speaker 1: Maxwell served interrogatories on plaintiff for the identities and locations
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  Speaker 1: of any health care provider, for whom she has received
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  Speaker 1: any treatment for any physical, mental, or emotional, including addiction
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  Speaker 1: to alcohol, prescription, or illegal drugs, that you suffered from
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  Speaker 1: subsequent to the alleged defamation by Ghislaine Maxwell. Interrogatory number 12.
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  Speaker 1: And prior to the alleged defamation. Interrogatory number 13. Emphasis added.
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  Speaker 1: As to both, Ms. Maxwell provided releases for plaintiff signature.
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  Speaker 1: On March 16, 2016, plaintiff refused to provide the names
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  Speaker 1: of any of plaintiff's treating physicians nor the requested releases,
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  Speaker 1: claiming privilege. Manager Declaration Example A. On March 22, 2016,
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  Speaker 1: plaintiff served supplemental responses and objections and then amended supplemental
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  Speaker 1: responses and objections. Manager Declaration Example B. Neither contain responses
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  Speaker 1: As to plaintiff's health care providers, on March 22, 2016,
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  Speaker 1: plaintiff also provided an addendum to Plaintiff's Rule 26 initial
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  Speaker 1: disclosures in which she listed, as potential witnesses, Dr. Steve
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  Speaker 1: Olson and Dr. Carol Hayek, Manager Declaration Example C. In
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  Speaker 1: her initial disclosures, plaintiff included medical records as documents that
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  Speaker 1: she intends to use to establish her damages claim. Meninger Declaration,
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  Speaker 1: Example D. On March 22, 2016, Ms. Maxwell was forced
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  Speaker 1: to file a motion to compel plaintiff to disclose pursuant
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  Speaker 1: to FedR-CIV P26A1, docket entry DE64. On March 31, 2016, Ms.
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  Speaker 1: Maxwell was forced to file a motion to compel plaintiff
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  Speaker 1: inter alia to properly respond to interrogatory numbers 12 and 13.
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  Speaker 1: Docket Entry 75 On April 21, 2016, Plaintiffs' Council represented
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  Speaker 1: to the court during oral argument that we have disclosed
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  Speaker 1: the names, she has those names, we have disclosed the record,
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  Speaker 1: the more recent records, we have not contested that, but
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  Speaker 1: we have disclosed the names of the providers. TR at
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  Speaker 1: 21 and 22 Plaintiffs' Council stated that the only missing
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  Speaker 1: doctors were in the past years and years ago. At
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  Speaker 1: the April 21, 2016 hearing, the court ordered plaintiff to
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  Speaker 1: produce the records from Ms. Roberts' medical doctors apart from
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  Speaker 1: pre-1999 and to respond fully to the interrogatories concerning all
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  Speaker 1: of her treating physicians after 1999. On April 29, 2016,
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  Speaker 1: plaintiff served second amended supplemental responses and objections. Manager Declaration
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  Speaker 1: Example F. As to the interrogatory number 12, seeking the
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  Speaker 1: names and treatment providers subsequent to the alleged defamation, plaintiff
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  Speaker 1: listed Dr. Steve Olson, Dr. Chris Donahue, Dr. Josh Harris,
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  Speaker 1: and Dr. Magillan, Dr. Wawa, Dr. Selathuri, Royal Oaks Medical Center, Dr.
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  Speaker 1: Carol Hayek, New York Presbyterian Hospital, Campbelltown Hospital, Sydney West Hospital,
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  Speaker 1: Westmead Hospital, Dr. Karen Kudikoff, Wellington Imaging Associates, and Growing Together.
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  Speaker 1: For some of the providers, plaintiff provided records and the
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  Speaker 1: nature of treatment was identified by reference to the records.
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  Speaker 1: For other providers, no records were produced. Where no documents
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  Speaker 1: were produced, plaintiff failed to identify the dates and nature
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  Speaker 1: of the treatment received as requested in the interrogatory. Plaintiff
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  Speaker 1: failed therein to identify any treatment providers prior to the
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  Speaker 1: alleged defamation and despite the court's order concerning 1999 through 2015.
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  Speaker 1: At plaintiff's deposition on May 3, 2016, she described receiving
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  Speaker 1: treatment from Dr. Donahue and Dr. Judith Lightfoot from October
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  Speaker 1: 2015 to the present, manager declaration example G. Plaintiff also
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  Speaker 1: described obtaining prescriptions from Dr. Donahue, redacted, from Dr. Olson,
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  Speaker 1: She claimed that she was not treated by any other
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  Speaker 1: physicians that had not been previously listed. During the deposition
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  Speaker 1: of Plaintiff's mother, Lynn Miller, on May 24, 2016, Ms.
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  Speaker 1: Maxwell learned that redacted and redacted. Manager Declaration, Example H
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  Speaker 1: at 144. On June 1, 2016, Plaintiff produced additional documentation
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  Speaker 1: from Centura Health for treatment received by Plaintiff in March
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  Speaker 1: of 2015. end May of 2015. These documents identify three
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  Speaker 1: additional health care professionals who treated plaintiff, including Dr. Scott
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  Speaker 1: Robert Geiger, Dr. Joseph Haney, and Donna Oliver, PA, Manager,
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  Speaker 1: Declaration Example 1 at 145. On May 25, 2016, plaintiff
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  Speaker 1: sent Ms. Maxwell additional records obtained from plaintiff's treatment at
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  Speaker 1: Centura in June of 2015. Those documents identify another medical provider, Dr.
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  Speaker 1: Michelle Streeter, manager, declaration, example J at 144. Further, during
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  Speaker 1: the deposition of Dr. Olson on May 26, 2016, Ms.
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  Speaker 1: Maxwell learned that he had additional records in his laptop
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  Speaker 1: that had not been produced prior to his deposition. As
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  Speaker 1: of today's date, more than four months after Ms. Maxwell
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  Speaker 1: first sought the identities of plaintiff's health care providers and
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  Speaker 1: the records concerning the same, More than a month and
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  Speaker 1: a half since the court ordered plaintiff to produce the
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  Speaker 1: identities and records and 10 days before the end of
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  Speaker 1: the fact discovery in the case, Ms. Maxwell learned of
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  Speaker 1: at least five additional doctors who have treated plaintiff since
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  Speaker 1: the time of the alleged defamatory statement. Dr. Lightfoot, Dr. Geiger, Dr. Haney,
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  Speaker 1: Donna Oliver, PA, and Dr. Streeter. In each case, documents
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  Speaker 1: relating to these doctors were not provided until after their
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  Speaker 1: identities became known through deposition or other independent investigation by Ms. Maxwell.
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  Speaker 1: Plaintiff has still failed to produce any records from Dr. Donahue, Dr. Hayek, Dr. Kutikoff,
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  Speaker 1: Wellington Imaging Associates, Growing Together, post-2011 records from Dr. Lightfoot,
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  Speaker 1: and the remaining documents for treatment by Dr. Olson. With
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  Speaker 1: respect to Dr. Donahue, Dr. Hayek, Dr. Kutikoff, Wellington Imaging Associates,
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  Speaker 1: Growing Together, and Dr. Olson, plaintiff has failed to provide
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  Speaker 1: complete responses to the indictment. including the dates and nature
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  Speaker 1: of treatment. Plaintiff has alleged the following categories of damage. A. Physical, psychological,
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  Speaker 1: and psychiatric injuries and resulting medical expenses in the approximate
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  Speaker 1: amount of $ 102, 200 present value. B. Past, present, and future
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  Speaker 1: pain and suffering, mental anguish, humiliation, embarrassment, loss of self-esteem,
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  Speaker 1: loss of standing in the community, loss of dignity, and
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  Speaker 1: invasion of privacy in our public and private life, no
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  Speaker 1: less than $ 30 million. N.C. Estimated lost income of $ 180, 000 annually.
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  Speaker 1: Present value at $ 3, 461, 000 to $ 5, 407, 000. All right, folks, we're
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  Speaker 1: going to wrap up with episode one here. And in
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  Speaker 1: the next episode, we're going to pick up where we
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  Speaker 1: left off. All of the information that goes with this
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  Speaker 1: episode can be found in the description box.