The first part of the able USDC Judge Liman's orders are in.
Hizzoner has been hit with civil sanctions on Interrogatory Nos. 4 and 8 -- including an "adverse inference" that he was not completely candid, and truthful, in discovery -- meaning that he won't be able to benefit from providing late documents or showings. He has effectively lost the Florida homestead claim, and any claim to the assets he's previously refused to deliver.
. . .Judge Liman: Plaintiffs have moved for sanctions against defendant. The motion is granted. . . The Court found that the defendant's objections were meritless. He was ordered to answer by December 20. Defendant violated the order. . . .
The court takes judicial notice that the defendant was until recently a barred attorney, and has committed discovery violations in the past. He has lost on both procedural and substantive questions. It was not even close. He violated the court's order. . . .
Defendant could have asked for a confidentiality order but didn't. He has offered a series of shifting meritless objections. The Court concludes that defendant has been attempting to run the clock. The objections were pretextual. . . .
The inference is that the location and any changing of advisers would not support the Defendant's homestead argument. Even without these sanctions, the trier of fact could draw a permissive adverse inference. . . .
The Court also finds Mr. Giuliani in contempt. There was no substantial compliance. He has not produced a single email responsive to the [production orders]. He had the emails going to his travel but he failed to produce them. . . .
Onward, grinning.
नमस्ते
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