OWC Pharmaceutical Research Corp (OWCP)

[BruceLake]

Regarding the malpractice lawsuit, I just read the latest documents filed this past Friday regarding OWCP’s inability and/or unwillingness to comply with court orders. Where are the emails? I mean all of the emails! OWCP’s haphazard production has made it impossible to determine whether OWCP has produced all documents within its possession, custody or control. Reminds me of amateurs trying to confuse the auditors by mixing and putting all their receipts in a shoe box.

The record clearly shows that, throughout the pendency of this litigation, OWCP has failed to uphold its discovery obligations, which has unnecessarily delayed this matter for more than one (1) year and has also caused Defendants to incur the significant costs associated with numerous discovery motions necessary to obtain probative documents. On information and very firm belief, OWCP’s failure to uphold its discovery obligations in this case, and to comply with the Orders of this Court, is willful and in bad faith, warranting sanctions pursuant to CPLR § 3126. While Defendants are mindful that striking a complaint and dismissing an action pursuant to CPLR § 3126 is a drastic remedy, Defendants respectfully submit that OWCP’s actions in this matter warrant the imposition of such a sanction.

Defendants have filed to move this court in the Motion Submission Part, Room 130, at the New York County Courthouse located at 60 Centre Street, New York, New York on December 10, 2019 at 9:30 a.m. or as soon thereafter as counsel may be heard, for an Order pursuant to CPLR § 3126 (i) striking Plaintiff OWCP Pharmaceutical Research Corp.’s (“Plaintiff” or “OWCP”) Verified Complaint and dismissing this action based upon OWCP’s consistent and willful failure to comply with Court Orders, or, alternatively, to compel OWCP to fully comply with this Court’s September 18, 2019 Decision and Order directing OWCP to perform a new document collection and provide a complete production to Defendants; (ii) imposing monetary sanctions on OWCP based upon its failure to uphold its discovery obligations in this matter; and (iii) granting such other and further relief that the Court deems just and proper.

OWCP is disrespecting and abusing the court process. Not unlike its relationship with shareholders. With regards to court cases, isn’t it somewhat interesting that they appeared to be quite co-operative with the cases involving Ziv Turner? Pretend to fight for $120,000 +/- in the N.Y. Supreme Court, meanwhile they drop their pants in Israel and readily agree to settle with bozo the clown for $750,000.