Disturbo se if I Don’t Produce Discovery?


In Gotlin v. Lederman, 2009 U.S. Dist. LEXIS 78818 (E.D.N.Y. Sept. 1, 2009), the Plaintiff was precluded from using Italian medical records because of a failure to include the records in their initial disclosures.

In the words of the Court, the Plaintiff’s attorney “provided virtually no discovery during the nearly eleven-month period allotted by the Court for fact discovery” and failed to attend a settlement conference. Gotlin, 3.

It is no stretch of imagination to see how these actions resulted in the preclusion of evidence.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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