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 350 |
Filed: 5/12/2026, Entered: None |
USCA Order - Other |
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 Request |
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| 349 |
Filed: 8/8/2025, Entered: None |
USCA Order |
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Request |
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| 348 |
Filed: 1/30/2025, Entered: None |
Letter |
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Request |
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| 347 |
Filed: 1/29/2025, Entered: None |
Letter |
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Request |
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| 346 |
Filed: 10/9/2024, Entered: None |
Letter |
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Request |
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| 345 |
Filed: 10/9/2024, Entered: None |
Letter |
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Request |
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| 344 |
Filed: 10/8/2024, Entered: None |
Letter |
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Request |
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| 343 |
Filed: 9/10/2024, Entered: None |
Letter |
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Request |
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| 342 |
Filed: 8/9/2024, Entered: None |
Stipulation and Order |
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Request |
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| 341 |
Filed: 8/8/2024, Entered: None |
Proposed Order for Substitution of Attorney |
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Request |
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| 340 |
Filed: 5/15/2024, Entered: None |
Amended Notice of Appeal |
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Request |
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| 339 |
Filed: 5/2/2024, Entered: None |
USCA Order - Other |
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Request |
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| 30 |
Filed: 10/26/2020, Entered: None |
Transcript |
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Request |
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 338 |
Filed: 4/25/2024, Entered: 4/25/2024 |
Memorandum and Opinion |
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MEMORANDUM OPINION re: [309] MOTION for Judgment as a Matter of Law . filed by Donald J. Trump, [311] MOTION for New Trial . filed by Donald J. Trump. Accordingly, Mr. Trump's motions for a new trial and for a judgment as a matter of law (Dkt 309 & 311) are DENIED. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/25/24) (yv)
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| 337 |
Filed: 4/9/2024, Entered: 4/9/2024 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [311] MOTION for New Trial . . Document filed by Donald J. Trump..(Sauer, Dean)
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| 336 |
Filed: 4/9/2024, Entered: 4/9/2024 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [309] MOTION for Judgment as a Matter of Law . . Document filed by Donald J. Trump..(Sauer, Dean)
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| 335 |
Filed: 4/4/2024, Entered: 4/4/2024 |
bond |
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RIDER TO SUPERSEDEAS BOND, BOND #K41753183 in the amount of $91,630,000.00 posted by Donald J. Trump.(km)
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| 334 |
Filed: 4/4/2024, Entered: 4/4/2024 |
bond |
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SUPERSEDEAS BOND, BOND #K41753183 in the amount of $91,630,000.00 posted by Donald J. Trump.(km)
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| 333 |
Filed: 3/26/2024, Entered: 3/26/2024 |
Declaration in Opposition to Motion |
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DECLARATION of Roberta A. Kaplan in Opposition re: [309] MOTION for Judgment as a Matter of Law .. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit 1 - Trial transcript excerpts, # (2) Exhibit 2 - PX-1, # (3) Exhibit 3 - PX-2, # (4) Exhibit 4 - PX-3, # (5) Exhibit 5 - PX-4, # (6) Exhibit 6 - PX-40, # (7) Exhibit 7 - PX-45, # (8) Exhibit 8 - PX-59, # (9) Exhibit 9 - PX-66, # (10) Exhibit 10 - PX-71, # (11) Exhibit 11 - PX-85, # (12) Exhibit 12 - PX-114, # (13) Exhibit 13 - PX-118, # (14) Exhibit 14 - PX-122, # (15) Exhibit 15 - PX-124, # (16) Exhibit 16 - PX-128, # (17) Exhibit 17 - PX-130, # (18) Exhibit 18 - PX-132, # (19) Exhibit 19 - PX-149-T, # (20) Exhibit 20 - PX-152, # (21) Exhibit 21 - PX-160, # (22) Exhibit 22 - PX-164-T, # (23) Exhibit 23 - PX-165, # (24) Exhibit 24 - PX-166).(Kaplan, Roberta)
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| 332 |
Filed: 3/26/2024, Entered: 3/26/2024 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [309] MOTION for Judgment as a Matter of Law . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 331 |
Filed: 3/26/2024, Entered: 3/26/2024 |
Declaration in Opposition to Motion |
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DECLARATION of Roberta A. Kaplan in Opposition re: [311] MOTION for New Trial .. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Trial transcript excerpts, # (2) Exhibit B - Trump public statements since verdict, # (3) Exhibit C - Jury selection transcript excerpts, # (4) Exhibit D - PX-97-T, # (5) Exhibit E - PX-167-T).(Kaplan, Roberta)
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| 330 |
Filed: 3/26/2024, Entered: 3/26/2024 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [311] MOTION for New Trial . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 329 |
Filed: 3/14/2024, Entered: 3/14/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated March 14, 2024 re: Filing of Approved Supersedeas Bond. Document filed by Donald J. Trump. (Attachments: # (1) Exhibit Approved Supersedeas Bond).(Habba, Alina)
- Attachment 1 Exhibit Approved Supersedeas Bond).(Habba, Alina
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| 328 |
Filed: 3/14/2024, Entered: 3/14/2024 |
Stipulation and Order |
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STIPULATION AND ORDER, IT IS ACCORDINGLY STIPULATED AND AGREED that Ms. Carroll's deadline for responding to Mr. Trump's motions for judgment as a matter of law and for a new trial are extended to March 26, 2024, and Mr. Trump's deadline for submitting a reply in support of those motions is extended to April 9, 2024. SO ORDERED. ( Replies due by 4/9/2024., Responses due by 3/26/2024) (Signed by Judge Lewis A. Kaplan on 3/14/24) (yv)
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| 327 |
Filed: 3/13/2024, Entered: 3/13/2024 |
Proposed Stipulation and Order |
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PROPOSED STIPULATION AND ORDER. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 326 |
Filed: 3/13/2024, Entered: 3/13/2024 |
Order on Motion to stay |
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ORDER denying as moot [286] Motion to Stay re: [286] MOTION to Stay Execution of the Judgment Pending Disposition of the Post-Trial Motions. (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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| 325 |
Filed: 3/13/2024, Entered: 3/13/2024 |
Order on Motion to appear pro hac vice |
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ORDER granting [295] Motion for Dean John Sauer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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| 324 |
Filed: 3/12/2024, Entered: 3/12/2024 |
Order on Motion to Approve |
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ORDER APPROVING SUPERSEDEAS BOND AND STAYING EXECUTION OF JUDGMENT granting [317] Motion to Approve. NOW THEREFORE IT IS HEREBY ORDERED that: The Amended Supersedeas Bond posted by the Defendant in the amount of $91,630,000.00 as security for the Judgment in this action is APPROVED. The Amended Supersedeas Bond is deemed sufficient to stay execution of the Judgment to the extent that the Judgment awards damages pursuant to Fed. R. App. P. 8 and Fed. R. Civ. P. 62. The Amended Supersedeas Bond shall be conditioned upon the performance of any Judgment or Order that may be entered against Defendant in the appellate proceedings. Enforcement of the Judgment, to the extent that the Judgment awards damages, is STAYED pending the final disposition of the appeal by the United States Court of Appeals for the Second Circuit. Defendant shall file a copy of the approved bond with the Clerk of the Court within 5 days of the date of this Order. This stay is effective immediately upon the filing of the Amended Supersedeas Bond and shall remain effect until the appeal is resolved or until further order of this Court. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/12/24) (yv) Transmission to Finance Unit (Cashiers) for processing.
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| 323 |
Filed: 3/12/2024, Entered: 3/12/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated March 12, 2024 re: Rider to Supersedeas Bond. Document filed by Donald J. Trump. (Attachments: # (1) Exhibit Rider to Supersedeas Bond).(Madaio, Michael)
- Attachment 1 Exhibit Rider to Supersedeas Bond).(Madaio, Michael
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| 322 |
Filed: 3/11/2024, Entered: 3/11/2024 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [320] Letter Defendant's Motion for Approval of Supersedeas Bond and Stay of Execution of Judgment Pending Appeal., filed by E. Jean Carroll. ENDORSEMENT : The parties shall submit revised scheduling documentation promptly. (Signed by Judge Lewis A. Kaplan on 3/11/24) (yv)
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| 321 |
Filed: 3/11/2024, Entered: 3/11/2024 |
Order on Motion to appear pro hac vice |
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MEMO ENDORSED ORDER granting [314] Motion for William Owen Scharf to Appear Pro Hac Vice. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/11/24) (yv)
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| 320 |
Filed: 3/11/2024, Entered: 3/11/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated March 11, 2024 re: Defendant's Motion for Approval of Supersedeas Bond and Stay of Execution of Judgment Pending Appeal. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 319 |
Filed: 3/8/2024, Entered: 3/8/2024 |
Order |
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ORDER, After 10:30 a.m. today, the defendant filed an application to approve a supersedeas bond in the amount of $91,630,000 and to stay execution on plaintiff's judgment against the defendant pending appeal. Plaintiff shall file any opposition to the motion, including but not limited to the form, amount or surety of the proposed bond or the proposed order, or her consent to the relief sought by defendant's motion, no later than Monday, March 11, 2024 at 11 a.m. In the event there is any opposition to the motion, the Court will hear the parties in Courtroom 2 lB on March 11, 2024 at 3p.m. SO ORDERED. ( Responses due by 3/11/2024, Status Conference set for 3/11/2024 at 03:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 3/8/24) (yv)
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| 318 |
Filed: 3/8/2024, Entered: 3/8/2024 |
Declaration in Support of Motion |
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DECLARATION of Alina Habba in Support re: [317] MOTION to Approve Supersedeas Bond and Stay of Execution of Judgment Pending Appeal .. Document filed by Donald J. Trump. (Attachments: # (1) Exhibit A - Supersedeas Bond, # (2) Proposed Order Approving Supersedeas Bond).(Habba, Alina)
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| 317 |
Filed: 3/8/2024, Entered: 3/8/2024, Terminated: 3/12/2024 |
Motion to Approve |
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MOTION to Approve Supersedeas Bond and Stay of Execution of Judgment Pending Appeal . Document filed by Donald J. Trump..(Habba, Alina)
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| 316 |
Filed: 3/8/2024, Entered: 3/8/2024 |
Notice of Appeal |
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NOTICE OF APPEAL from [285] Judgment,,. Document filed by Donald J. Trump. Filing fee $ 605.00, receipt number ANYSDC-29052228. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Habba, Alina)
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Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [316] Notice of Appeal filed by Donald J. Trump were transmitted to the U.S. Court of Appeals. (tp)
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Filed: None, Entered: None |
transmission of notice of appeal and docket sheet to USCA |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [316] Notice of Appeal. (tp)
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| 315 |
Filed: 3/7/2024, Entered: 3/7/2024 |
Order on Motion to stay |
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ORDER denying [313] Letter Motion to Stay re: [313] LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Alina Habba dated March 6 2024. Mr. Trump renews his request for a temporary administrative stay of execution of the judgment, this time "until three business days after the Court rules on his [previously filed and as yet still pending] stay motion." Dkt 313 at 2. He argues that preparations to post bond before a ruling could "impose irreparable injury in the form of substantial costs (which may or may not be recoverable)." Id. The questions of whether "administrative stays" are authorized by law and, if so, the circumstances in which they are available and the legal standards by which they are governed are relatively obscure and ill-defined. See Rachel Bayevsky, Administrative Stays: Power and Procedure, 97 NOTRE DAME L. REV. 1941 (2022). For present purposes, however, the Court puts those issues aside and assumes that short-lived administrative stays are available for brief periods in appropriate circumstances, at least one of which must be a clear threat of irreparable injury in the absence of such a stay. Mr. Trump's current situation is a result of his own dilatory actions. He has had since January 26 to organize his finances with the knowledge that he might need to bond this judgment, yet he waited until 25 days after the jury verdict - and only shortly before the expiration of Rule 62's automatic 30-day stay of judgment - to file his prior motion for an unsecured or partially secured stay pending resolution of post-trial motions. The Court ordered expedited briefing and assured the parties that the motion would be decided as promptly as was reasonably appropriate, but due to the delay in its filing, the Court notified that it could not render any decision as quickly as Mr. Trump requested. Dkt 307. That remains true today. Moreover, the expense of ongoing litigation in the absence of a stay does not constitute "irreparable injury" in the relevant sense of that term. Renegotiation Bd. v. Bannercrafl Clothing Co., 415 U.S. 1, 24 (1974) ("Mere litigation expense, even substantial and unrecoupable cost, does not constitute irreparable injury."); see Emery Air Freight Corp. v. Local Union 295, 786 F.2d 93, 100 (2d Cir. 1986). Nor has Mr. Trump made any showing of what expenses he might incur if required to post a bond or other security, on what terms (if any) he could obtain a conventional bond, or post cash or other assets to secure payment of the judgment, or any other circumstances relevant to the situation. Accordingly, his present application for a temporary administrative stay (Dkt 313) is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/7/2024) (va)
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| 314 |
Filed: 3/7/2024, Entered: 3/7/2024, Terminated: 3/11/2024 |
Motion to Appear Pro Hac Vice |
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MOTION for William Owen Scharf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29047929. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Donald J. Trump. (Attachments: # (1) Affidavit Affidavit, # (2) Exhibit Certificate of Admission, # (3) Proposed Order Proposed Order).(Scharf, William)
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [314] MOTION for William Owen Scharf to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29047929. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
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| 313 |
Filed: 3/6/2024, Entered: 3/6/2024, Terminated: 3/7/2024 |
Motion To Stay |
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LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Alina Habba dated March 6 2024. Document filed by Donald J. Trump..(Habba, Alina)
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| 312 |
Filed: 3/5/2024, Entered: 3/5/2024 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [311] MOTION for New Trial . . Document filed by Donald J. Trump..(Habba, Alina)
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| 311 |
Filed: 3/5/2024, Entered: 3/5/2024, Terminated: 4/25/2024 |
motion for new trial |
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MOTION for New Trial . Document filed by Donald J. Trump..(Habba, Alina)
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| 310 |
Filed: 3/5/2024, Entered: 3/5/2024 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [309] MOTION for Judgment as a Matter of Law . . Document filed by Donald J. Trump..(Habba, Alina)
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| 309 |
Filed: 3/5/2024, Entered: 3/5/2024, Terminated: 4/25/2024 |
Motion for Judgment as a Matter of Law |
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MOTION for Judgment as a Matter of Law . Document filed by Donald J. Trump..(Habba, Alina)
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| 308 |
Filed: 3/4/2024, Entered: 3/4/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated March 4, 2024 re: Defendant's reply memorandum (ECF 306). Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 307 |
Filed: 3/4/2024, Entered: 3/4/2024 |
Order |
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ORDER. The Court is aware of defendant's request for a decision on the stay motion no later than today "to allow time for [him] to finalize arrangements for an appropriate bond if necessary." Dkt 287, at 21. A decision will be rendered as promptly as is reasonably possible. Without implying what that decision will be or when it will be made, however, it will not come today. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/4/24) (yv)
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| 306 |
Filed: 3/2/2024, Entered: 3/2/2024 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [286] MOTION to Stay Execution of the Judgment Pending Disposition of the Post-Trial Motions. . Document filed by Donald J. Trump..(Habba, Alina)
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| 305 |
Filed: 3/1/2024, Entered: 3/1/2024 |
USCA Mandate |
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MANDATE of USCA (Certified Copy) as to [203] Notice of Interlocutory Appeal, filed by Donald J. Trump USCA Case Number 23-1045(L), 23-1146(Con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the July 5, 2023 order of the district court is AFFIRMED insofar as it rejected Defendant's presidential immunity defense and denied his request for leave to amend his answer to add presidential immunity as a defense; the district court's August 7, 2023 order is AFFIRMED insofar as it struck Defendant's presidential immunity defense from his answer to Plaintiff's amended complaint; the appeal of the district court's July 5, 2023 order is DISMISSED insofar as it determined that Defendant's statements about Plaintiff were defamatory per se; and the case is REMANDED to the district court for further proceedings consistent with this Court's opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/16/2024. (Attachments: # (1) Supporting Document). (tp)
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| 304 |
Filed: 2/29/2024, Entered: 2/29/2024 |
Declaration in Opposition to Motion |
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DECLARATION of Roberta A. Kaplan in Opposition re: [286] MOTION to Stay Execution of the Judgment Pending Disposition of the Post-Trial Motions.. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit 1 - Excerpts of Trial Transcript, # (2) Exhibit 2 - PX-147-V, # (3) Exhibit 3 - PX-148, # (4) Exhibit 4 - PX-1, # (5) Exhibit 5 - PX-2, # (6) Exhibit 6 - PX-40, # (7) Exhibit 7 - PX-47, # (8) Exhibit 8 - PX-59, # (9) Exhibit 9 - PX-66, # (10) Exhibit 10 - PX-85, # (11) Exhibit 11 - PX-118, # (12) Exhibit 12 - PX-134, # (13) Exhibit 13 - Excerpt of Carroll II Trial Transcript, # (14) Exhibit 14 - PX-96, # (15) Exhibit 15 - PX-97, # (16) Exhibit 16 - PX-98, # (17) Exhibit 17 - PX-99, # (18) Exhibit 18 - PX-100, # (19) Exhibit 19 - PX-101, # (20) Exhibit 20 - PX-144, # (21) Exhibit 21 - PX-144-T, # (22) Exhibit 22 - PX-146, # (23) Exhibit 23 - PX-149, # (24) Exhibit 24 - PX-152, # (25) Exhibit 25 - PX-160, # (26) Exhibit 26 - PX-164, # (27) Exhibit 27 - PX-164-T, # (28) Exhibit 28 - PX-165, # (29) Exhibit 29 - PX-166).(Kaplan, Roberta)
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| 303 |
Filed: 2/29/2024, Entered: 2/29/2024 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [286] MOTION to Stay Execution of the Judgment Pending Disposition of the Post-Trial Motions. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 302 |
Filed: 2/27/2024, Entered: 2/27/2024 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/26/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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| 301 |
Filed: 2/27/2024, Entered: 2/27/2024 |
transcript |
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TRANSCRIPT of Proceedings re: TRIAL held on 1/26/2024 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/19/2024. Redacted Transcript Deadline set for 3/29/2024. Release of Transcript Restriction set for 5/28/2024..(McGuirk, Kelly)
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Request |
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| 300 |
Filed: 2/27/2024, Entered: 2/27/2024 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/25/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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| 299 |
Filed: 2/27/2024, Entered: 2/27/2024 |
transcript |
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TRANSCRIPT of Proceedings re: TRIAL held on 1/25/2024 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/19/2024. Redacted Transcript Deadline set for 3/29/2024. Release of Transcript Restriction set for 5/28/2024..(McGuirk, Kelly)
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Request |
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| 298 |
Filed: 2/27/2024, Entered: 2/27/2024 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/22/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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| 297 |
Filed: 2/27/2024, Entered: 2/27/2024 |
transcript |
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TRANSCRIPT of Proceedings re: TRIAL held on 1/22/2024 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/19/2024. Redacted Transcript Deadline set for 3/29/2024. Release of Transcript Restriction set for 5/28/2024..(McGuirk, Kelly)
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Request |
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| 296 |
Filed: 2/27/2024, Entered: 2/27/2024 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/18/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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| 295 |
Filed: 2/27/2024, Entered: 2/27/2024, Terminated: 3/13/2024 |
Motion to Appear Pro Hac Vice |
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MOTION for Dean John Sauer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29001714. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Donald J. Trump. (Attachments: # (1) Affidavit Rule 1.3 Affidavit, # (2) Proposed Order Proposed Order, # (3) Exhibit MO Bar certificate, # (4) Exhibit DC Bar certificate).(Sauer, Dean)
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| 294 |
Filed: 2/27/2024, Entered: 2/27/2024 |
transcript |
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TRANSCRIPT of Proceedings re: TRIAL held on 1/18/2024 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/19/2024. Redacted Transcript Deadline set for 3/29/2024. Release of Transcript Restriction set for 5/28/2024..(McGuirk, Kelly)
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Request |
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| 293 |
Filed: 2/27/2024, Entered: 2/27/2024 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/17/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [295] MOTION for Dean John Sauer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29001714. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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| 292 |
Filed: 2/26/2024, Entered: 2/26/2024 |
transcript |
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TRANSCRIPT of Proceedings re: TRIAL held on 1/17/2024 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2024. Redacted Transcript Deadline set for 3/28/2024. Release of Transcript Restriction set for 5/28/2024..(McGuirk, Kelly)
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Request |
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| 291 |
Filed: 2/26/2024, Entered: 2/26/2024 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/16/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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| 290 |
Filed: 2/26/2024, Entered: 2/26/2024 |
transcript |
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TRANSCRIPT of Proceedings re: TRIAL held on 1/16/2024 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2024. Redacted Transcript Deadline set for 3/28/2024. Release of Transcript Restriction set for 5/28/2024..(McGuirk, Kelly)
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Request |
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| 288 |
Filed: 2/25/2024, Entered: 2/25/2024 |
Order on Motion to stay |
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ORDER deferring ruling on [286] Letter Motion to Stay re: [286] MOTION to Stay Execution of the Judgment Pending Disposition of the Post-Trial Motions.. (Signed by Judge Lewis A. Kaplan on 2/25/2024) (Kaplan, Lewis)
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| 289 |
Filed: 2/24/2024, Entered: 2/26/2024 |
Order on Motion to stay |
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ORDER with respect to [286] Letter Motion to Stay re: [286] MOTION to Stay Execution of the Judgment Pending Disposition of the Post-Trial Motions. Twenty-five days after the jury verdict in this case, and only shortly before the expiration of Rule 62's automatic stay of enforcement of the judgment, Mr. Trump has moved for an "administrative stay" of enforcement pending the filing and disposition of any post-trial motions that he may file. He seeks that relief without posting any security. The Court declines to grant any stay, much less an unsecured stay, without first having afforded plaintiff a meaningful opportunity to be heard. Plaintiff shall file any response to defendant's motion (Dkt 286) no later than 5:00 p.m. on February 29, 2024. Any reply shall be filed no later than 5:00 p.m. on March 2, 2024. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/24/2024) (tg)
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Filed: None, Entered: None |
***Set/Reset Deadlines |
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Set/Reset Deadlines: Responses due by 2/29/2024 Replies due by 3/2/2024. (tg)
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| 287 |
Filed: 2/23/2024, Entered: 2/23/2024 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [286] MOTION to Stay Execution of the Judgment Pending Disposition of the Post-Trial Motions. . Document filed by Donald J. Trump..(Habba, Alina)
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| 286 |
Filed: 2/23/2024, Entered: 2/23/2024, Terminated: 3/13/2024 |
Motion To Stay |
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MOTION to Stay Execution of the Judgment Pending Disposition of the Post-Trial Motions. Document filed by Donald J. Trump..(Habba, Alina)
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| 285 |
Filed: 2/8/2024, Entered: 2/8/2024 |
judgment |
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JUDGMENT. It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Lewis A. Kaplan, United States District Judge, Plaintiff E. Jean Carroll has judgment for compensatory damages ( other than for the reputation repair program) in the amount of $7,300,000.00; Plaintiff E. Jean Carroll has judgment for compensatory damages (for the reputation repair program only) in the amount of $11,000,000.00; and Plaintiff E. Jean Carroll has judgment for punitive damages in the amount of $65,000,000.00, each as against the defendant Donald J. Trump for an aggregate sum of $83,300,000.00. So Ordered. (Signed by Judge Lewis A. Kaplan on 2/8/24) (yv)
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| 284 |
Filed: 2/7/2024, Entered: 2/7/2024 |
Memorandum and Opinion |
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MEMORANDUM OPINION ON DEFENDANT'S MOTION FOR A MISTRIAL OR OTHER RELIEF: Mr. Trump's oral motion and his letter motion (Dkt 271) were denied as lacking any merit. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/7/2024) (mml)
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Published at 2024 WL 475140 |
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| 283 |
Filed: 1/30/2024, Entered: 1/30/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated January 30, 2024 Document filed by Donald J. Trump..(Habba, Alina)
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| 282 |
Filed: 1/30/2024, Entered: 1/30/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 30, 2024 re: response to Defendant's January 29, 2024 letter (ECF 281). Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 281 |
Filed: 1/29/2024, Entered: 1/29/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated January 29, 2024 Document filed by Donald J. Trump. (Attachments: # (1) Exhibit A-NY Post Article).(Habba, Alina)
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| 280 |
Filed: 1/26/2024, Entered: 1/26/2024 |
Jury Trial Completed |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial held and completed on 1/26/2024. Closing arguments heard. Jury charged. Deliberations begun and concluded and a verdict returned in favor of the plaintiff (see main document attached to this entry for the PDF of the Jury Verdict). (Attachments: # (1) Exhibit Court Exhibit A Circulation Draft Verdict Form, # (2) Exhibit Court Exhibit B Circulation Draft Jury Instructions, # (3) Exhibit Court Exhibit C, # (4) Exhibit Court Exhibit D Jury Instructions) (Mohan, Andrew)
- Attachment 1 Exhibit Court Exhibit A Circulation Draft Verdict Form
- Attachment 2 Exhibit Court Exhibit B Circulation Draft Jury Instructions
- Attachment 3 Exhibit Court Exhibit C
- Attachment 4 Exhibit Court Exhibit D Jury Instructions) (Mohan, Andrew
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| 279 |
Filed: 1/25/2024, Entered: 1/25/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Joshua A. Matz dated January 25, 2024 re: Verdict Form. Document filed by E. Jean Carroll..(Matz, Joshua)
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Filed: None, Entered: None |
Jury Trial Held |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial held on 1/25/2024. Plaintiff rested. Defendant moved under Rule 50 for judgment as a matter of law, which was denied by the Court. Defendant's case begun and rested. Charge conference held. Closings arguments scheduled to begin on 1/26/2024 @ 9:30 AM. (Court Reporter Pamela Utter and Alena Lynch) (Mohan, Andrew)
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| 278 |
Filed: 1/23/2024, Entered: 1/23/2024 |
Order |
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AMENDED ORDER: By Order dated November 3, 2023 (DI 222) the Court ordered that the petit jury empaneled in the trial of this case be kept anonymous. In furtherance of that order, the Clerk of Court is directed to provide meals and transportation to-and-from the courthouse for the duration of the trial. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/23/2024) (vfr) Transmission to Office of the Clerk of Court for processing.
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Filed: None, Entered: None |
Docket Annotation |
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DOCKET ANNOTATION: Trial is continued to Thursday, 1/25/2024 @ 9:30 AM. Trial will not be held on Wednesday, 1/24/2024. (Mohan, Andrew)
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Filed: None, Entered: None |
Jury Trial Held |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial held on 1/22/2024. Trial day ended early and trial continued to Wednesday, 1/24/2024 @ 9:30 AM. Trial will not be held on Tuesday, 1/23/2024. (Court Reporter Pamela Utter and Alena Lynch) (Mohan, Andrew)
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| 277 |
Filed: 1/21/2024, Entered: 1/21/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 21, 2024 re: Opposition to Defendant's Motion for a Mistrial. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Carroll II Deposition Excerpt, # (2) Exhibit B - Carroll I Deposition Excerpt, # (3) Exhibit C - PX-126, # (4) Exhibit D - PX-128, # (5) Exhibit E - Letter From R. Kaplan Dated August 11, 2022).(Kaplan, Roberta)
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| 276 |
Filed: 1/21/2024, Entered: 1/21/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated January 21, 2024 re: Net Effect of Reputational Harm. Document filed by Donald J. Trump..(Habba, Alina)
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| 275 |
Filed: 1/21/2024, Entered: 1/21/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Joshua A. Matz dated January 21, 2024 re: Reputational Harm and Assumption of Risk. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit Proposed Curative Instruction).(Matz, Joshua)
- Attachment 1 Exhibit Proposed Curative Instruction).(Matz, Joshua
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| 274 |
Filed: 1/20/2024, Entered: 1/20/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 20, 2024 re: Exhibits and Defendant's Testimony. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - PX-164-T, # (2) Exhibit B - Jan. 17 Press Conference Transcript, # (3) Exhibit C - PX-98, # (4) Exhibit D - PX-165 and PX-166).(Kaplan, Roberta)
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| 273 |
Filed: 1/19/2024, Entered: 1/19/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 19, 2024 re: Duty to Mitigate. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Curative Instructions).(Kaplan, Roberta)
- Attachment 1 Exhibit A - Curative Instructions).(Kaplan, Roberta
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| 272 |
Filed: 1/19/2024, Entered: 1/19/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated January 19, 2024 re: Mitigation of Damages. Document filed by Donald J. Trump..(Habba, Alina)
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| 271 |
Filed: 1/19/2024, Entered: 1/19/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated January 19, 2024 re: Letter Requesting a Declaration of a Mistrial and other Alternative Relief. Document filed by Donald J. Trump..(Habba, Alina)
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| 270 |
Filed: 1/18/2024, Entered: 1/18/2024 |
Order |
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ORDER By Order dated November 3, 2023 (DI 222) the Court ordered that the petit jury empaneled in the trial of this case be kept anonymous. In furtherance of that order, the Clerk of Court is directed to provide lunches and transportation to-and-from the courthouse for the duration of the trial. (Signed by Judge Lewis A. Kaplan on 1/4/2024) (Mohan, Andrew)
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Filed: None, Entered: None |
Jury Trial Held |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial held on 1/18/2024. Trial continued to Monday, 1/22/2024 at 9:30 AM. (Court Reporter Alena Lynch and Lisa Franko) (Mohan, Andrew)
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Filed: None, Entered: None |
Jury Trial Held |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial held on 1/17/2024. Plaintiff's case begun. Defendant moved for a mistrial, which was denied by the Court. Trial continued to 1/18/2024 @ 9:30 AM. (Court Reporter Elena Lynch and Lisa Franko) (Mohan, Andrew)
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| 269 |
Filed: 1/16/2024, Entered: 1/16/2024 |
USCA Mandate |
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MANDATE of USCA (Certified Copy) as to [179] Notice of Interlocutory Appeal, filed by Donald J. Trump USCA Case Number 23-1045-cv (L), 23-1146-cv (Con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the July 5, 2023 order of the district court is AFFIRMED insofar as it rejected Defendant's presidential immunity defense and denied his request for leave to amend his answer to add presidential immunity as a defense; the district court's August 7, 2023 order is AFFIRMED insofar as it struck Defendant's presidential immunity defense from his answer to Plaintiff's amended complaint; the appeal of the district court's July 5, 2023 order is DISMISSED insofar as it determined that Defendant's statements about Plaintiff were defamatory per se; and the case is REMANDED to the district court for further proceedings consistent with this Court's opinion. For the Court: Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/16/2024.(km)
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| 268 |
Filed: 1/16/2024, Entered: 1/16/2024 |
USCA order |
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TRUE COPY ORDER of USCA as to [179] Notice of Interlocutory Appeal, filed by Donald J. Trump USCA Case Number 23-1045-cv (L), 23-1146-cv (Con). USCA Case Number 23-1045-cv (L), 23-1146-cv (Con). Accordingly, we AFFIRM the July 5, 2023 order of the District Court denying Defendant's motion for summary judgment insofar as it rejected Defendant's presidential immunity defense and denied his request for leave to amend his answer to add presidential immunity as a defense. We likewise AFFIRM the District Courts August 7, 2023 order insofar as it struck Defendant's presidential immunity defense from his answer to Plaintiff's amended complaint. We DISMISS for lack of appellate jurisdiction the appeal of the District Court's July 5, 2023 order insofar as it determined that Defendant's statements about Plaintiff were defamatory per se. Finally, we REMAND the case to the District Court for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 1/16/2024.(km)
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Filed: None, Entered: None |
Jury Trial Begun |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial begun on 1/16/2024. Jury of 9 selected and sworn. Opening arguments heard. Trial continued to 1/17/2024 at 9:30 AM. (Court Reporter Alena Lynch and Lisa Franko) (Mohan, Andrew) Modified on 1/16/2024 (Mohan, Andrew).
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Filed: None, Entered: None |
Transmission of USCA Mandate/Order to District Judge |
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Transmission of USCA Mandate/Order to the District Judge re: [269] USCA Mandate.(km)
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Filed: None, Entered: None |
Transmission of USCA Mandate/Order to District Judge |
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Transmission of USCA Mandate/Order to the District Judge re: [268] USCA Order.(km)
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| 267 |
Filed: 1/14/2024, Entered: 1/14/2024 |
Memorandum and Opinion |
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MEMORANDUM AND OPINION. (Signed by Judge Lewis A. Kaplan on 1/14/2024) (Kaplan, Lewis)
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| 266 |
Filed: 1/14/2024, Entered: 1/14/2024 |
Memorandum and Opinion |
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MEMORANDUM AND OPINION. (Signed by Judge Lewis A. Kaplan on 1/14/2024) (Kaplan, Lewis)
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| 265 |
Filed: 1/14/2024, Entered: 1/14/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated January 14, 2024 re: Response to Plaintiff's Letter Dated January 12, 2024. Document filed by Donald J. Trump..(Habba, Alina)
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| Save 25% on a pre-paid one year subscription. |
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| 264 |
Filed: 1/13/2024, Entered: 1/13/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 13, 2024 re: Reply in Support of Motion to Preclude Carol Martin Testimony and Certain Defense Exhibits. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 263 |
Filed: 1/13/2024, Entered: 1/13/2024 |
Order |
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ORDER (Signed by Judge Lewis A. Kaplan on 1/13/2024) (Kaplan, Lewis)
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| 262 |
Filed: 1/13/2024, Entered: 1/13/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 13, 2024 re: Recently Scheduled Campaign Event. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 261 |
Filed: 1/13/2024, Entered: 1/13/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated January 13, 2024 re: Response to Plaintiff's Letter dated January 11, 2024. Document filed by Donald J. Trump. (Attachments: # (1) Exhibit A - Relevant Portions of Carroll II Trial Transcript, # (2) Exhibit B - Carol Martin Text Message, # (3) Exhibit C - Carol Martin October 18 2022 Deposition, # (4) Exhibit D - Defense Exhibit DX-15, # (5) Exhibit E - Defense Exhibit DX-18, # (6) Exhibit F - Defense Exhibit DX-20, # (7) Exhibit G - Email Correspondence Dated January 11, 2024, # (8) Exhibit H - Dr. Humphreys October 14, 2022 Report, # (9) Exhibit I - Dr. Humphreys Supplemental Report dated November 13, 2023).(Madaio, Michael)
- Attachment 1 Exhibit A - Relevant Portions of Carroll II Trial Transcript
- Attachment 3 Exhibit C - Carol Martin October 18 2022 Deposition
- Attachment 6 Exhibit F - Defense Exhibit DX-20
- Attachment 7 Exhibit G - Email Correspondence Dated January 11, 2024
- Attachment 8 Exhibit H - Dr. Humphreys October 14, 2022 Report
- Attachment 9 Exhibit I - Dr. Humphreys Supplemental Report dated November 13, 2023).(Madaio, Michael
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| 260 |
Filed: 1/13/2024, Entered: 1/13/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated January 12, 2014 re: Request for Adjournment of Trial. Document filed by Donald J. Trump..(Habba, Alina)
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| 259 |
Filed: 1/12/2024, Entered: 1/12/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 12, 2024 re: Opposition to Defendant's Adjournment Motion. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 258 |
Filed: 1/12/2024, Entered: 1/12/2024 |
Order |
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ORDER (Signed by Judge Lewis A. Kaplan on 1/12/2024) (Kaplan, Lewis)
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| 257 |
Filed: 1/12/2024, Entered: 1/12/2024 |
Order |
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ORDER. In view of the imminence of jury selection and the st art of the trial, defendant shall file any response to plaintiff's letter of January 12, 2024 no later than 9 a.m. on January 14, 2024. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/12/24) (yv)
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| 256 |
Filed: 1/12/2024, Entered: 1/12/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 12, 2024 re: Defendant's Possible Trial Testimony. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Correspondence between Justice Engoron and Defense Counsel, # (2) Exhibit B - Excerpt of Closing Arguments in New York v. Trump, # (3) Exhibit C - Proposed Curative Instruction re Collateral Estoppel, # (4) Exhibit D - Proposed Curative Instruction re Prior Jury Determination).(Kaplan, Roberta)
- Attachment 1 Exhibit A - Correspondence between Justice Engoron and Defense Counsel
- Attachment 2 Exhibit B - Excerpt of Closing Arguments in New York v. Trump
- Attachment 3 Exhibit C - Proposed Curative Instruction re Collateral Estoppel
- Attachment 4 Exhibit D - Proposed Curative Instruction re Prior Jury Determination).(Kaplan, Roberta
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| 255 |
Filed: 1/12/2024, Entered: 1/12/2024 |
Order |
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ORDER. In view of the imminence of jury selection and the start of the trial, defendant shall file any response to plaintiff's letter of January 11, 2024 no later than 2 p.m. on January 13, 2024. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/12/24) (yv)
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| 254 |
Filed: 1/11/2024, Entered: 1/11/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 11, 2024 re: Carol Martin Testimony and Certain Defense Exhibits. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Carol Martin Deposition Excerpt, # (2) Exhibit B - Defendant's Exhibits).(Kaplan, Roberta)
- Attachment 1 Exhibit A - Carol Martin Deposition Excerpt
- Attachment 2 Exhibit B - Defendant's Exhibits).(Kaplan, Roberta
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| 253 |
Filed: 1/11/2024, Entered: 1/11/2024, Terminated: 1/11/2024 |
Motion to Appear Pro Hac Vice |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Peter W. Gabra to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28798075. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Donald J. Trump. (Attachments: # (1) Affidavit Affidavit In Support of Motion, # (2) Exhibit Certificate of Good Standing, # (3) Proposed Order Proposed Order).(Habba, Alina) Modified on 1/11/2024 (rju).
- Attachment 1 Affidavit Affidavit In Support of Motion
- Attachment 2 Exhibit Certificate of Good Standing
- Attachment 3 Proposed Order Proposed Order).(Habba, Alina) Modified on 1/11/2024 (rju
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Filed: None, Entered: None |
Notice Regarding Deficient Motion to Appear Pro Hac Vice |
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [253] MOTION for Peter W. Gabra to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28798075. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from State or Supreme Court of New Jersey;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (rju)
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| 252 |
Filed: 1/9/2024, Entered: 1/9/2024 |
Order |
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MEMORANDUM AND ORDER ON PLAINTIFF'S IN LIMINE MOTION. Plaintiff's letter motion (Dkt 233), which in substance seeks in limine rulings on a variety of evidentiary issues, is granted to the extent that: 1. Defendant and his counsel are precluded, in the presence of the jury, from offering any evidence, argument, or comments: a. Concerning plaintiff's choice of counsel or her counsel's activities outside the litigation between plaintiff and defendant; b.Concerning litigation funding; c.Concerning DNA; d.Concerning Ms. Carroll's past romantic relationships, sexual disposition, and prior sexual experiences; Suggesting or implying that Mr. Trump did not sexually abuse Carroll; that he did not make his June 21 and 22, 2019 statements concerning Ms. Carroll with actual malice in the constitutional sense of that term; that Ms. Carroll fabricated her account, whether in consequence of a political agenda, financial interests, mental illness, or otherwise; or offering testimony or advancing any argument inconsistent with the Court' s collateral estoppel decision determining that Mr. Trump, with actual malice, lied about sexually assaulting Ms. Carroll; and 2. The Access Hollywood video will be received in evidence. The motion is denied in all other respects without prejudice to renewal during trial with regard to Mss. Stoynoff and Leeds and the related campaign excerpts. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/9/24) (yv)
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Published at 2024 WL 97359 |
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| 251 |
Filed: 1/6/2024, Entered: 1/6/2024 |
Order |
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ORDER re: [246] Letter filed by E. Jean Carroll (Signed by Judge Lewis A. Kaplan on 1/6/2024) (Kaplan, Lewis)
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| 250 |
Filed: 1/5/2024, Entered: 1/5/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated January 5, 2024 Document filed by Donald J. Trump..(Madaio, Michael)
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| 249 |
Filed: 1/4/2024, Entered: 1/4/2024 |
Order |
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ORDER DENYING DEFENDANT'S MOTION TO PRECLUDE PLAINTIFF'S EXPERT OR, ALTERNATIVELY, PERMIT DEFENDANT'S UNTIMELY REBUTTAL EXPERT (corrected): Defendant's motion to preclude the testimony of Professor Humphreys or, alternatively, to be permitted to disclose and call a new expert witness, Mr. Malkus, is denied. To the extent relevant, the Court incorporates its findings and analysis from its most recent opinion denying defendant's motion to disclose a new expert. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/04/2024) (ama)
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| 248 |
Filed: 1/4/2024, Entered: 1/4/2024 |
Order |
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ORDER RULING ON OBJECTIONS TO DEPOSITION DESIGNATIONS. The Court's rulings on the objections noted by the parties to the designations and counter-designations of certain portions of Mr. Trump's deposition are set forth in the attached schedule. The notation "deferred" means that the Court reserves decision on the objection until it issues its ruling on the parties' outstanding evidentiary motions. The Court overrules Mr. Trump's broad objection under Federal Rule of Civil Procedure 32 to the use of any portion of his deposition transcript. His contention that its use would be improper because he is listed as a possible witness is utterly frivolous. Rule 32(a)(3) provides that an "adverse party may use for any purpose the deposition of a party," whether they are available to testify live or not. Thus, Ms. Carroll will be permitted to play her otherwise admissible deposition designations at trial even were Mr. Trump to testify. With respect to Ms. Carroll's objections to Mr. Trump's counter-designations, the Court again has sustained those objections that it has determined are inappropriate under Rule 32(a)(6), which allows a party to cross-designate and "introduce [ only] other parts [ of a deposition] that in fairness should be considered with the part introduced." Mr. Trump attempts to include as counter-designations testimony that already was rejected on this basis in Carroll II, and the Court incorporates its earlier order in that case to the extent relevant. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/4/24) (yv)
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| 247 |
Filed: 1/4/2024, Entered: 1/4/2024 |
Order |
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ORDER. The Court is in receipt of a letter motion by plaintiff (Dkt 246) requesting a ruling on the various pending evidentiary issues and an order precluding evidence and argument regarding the Carroll II jury's finding of insufficient evidence that Mr. Trump raped Ms. Carroll under the technical definition of rape in New York Penal Law. Defendant shall file any response to plaintiff's letter on or before January 5, 2024, including whether he plans to offer evidence or argument at trial of the Carroll II jury's finding on rape, what specific evidence or argument he intends to introduce, and how and for what purpose he intends to offer it. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/4/24) (yv)
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| 246 |
Filed: 1/3/2024, Entered: 1/3/2024 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 3, 2024 re: Evidentiary Issues for Upcoming Trial. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 245 |
Filed: 12/31/2023, Entered: 12/31/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated December 31, 2023 re: Objections to Counter Designations. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 244 |
Filed: 12/29/2023, Entered: 12/29/2023 |
Order on motion for discovery |
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ORDER denying [237] Letter Motion for Discovery. (Signed by Judge Lewis A. Kaplan on 12/29/2023) (Kaplan, Lewis)
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| 243 |
Filed: 12/28/2023, Entered: 12/28/2023 |
Exhibit List |
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Exhibit List Deposition Designations and Objections for Trial. Document filed by Donald J. Trump..(Madaio, Michael)
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| 242 |
Filed: 12/21/2023, Entered: 12/21/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated December 21, 2023 re: proposed voir dire questions. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Excerpt from Freeman v. Giuliani Trial Transcript).(Kaplan, Roberta)
- Attachment 1 Exhibit A - Excerpt from Freeman v. Giuliani Trial Transcript).(Kaplan, Roberta
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| 241 |
Filed: 12/21/2023, Entered: 12/21/2023 |
Order |
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ORDER: On or before December 28, 2023, defendant shall file (1) any objections he may have to plaintiffs designations contained in her December 20 letter (Dkt 239), and (2) counter-designations of any deposition or other testimony that he contends plaintiff should be required to introduce on the basis that the counter-designated testimony in fairness should be considered with the part of the deposition or other testimony designated by plaintiff. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/21/2023) (vfr)
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| 240 |
Filed: 12/21/2023, Entered: 12/21/2023 |
Order |
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ORDER. It is hereby ORDERED, as follows: Prior to any reference to a deposition or deposition transcript in the presence of the jury with a witness on the stand, the Court shall be furnished with a complete copy of th transcript of the deposition. In using depositions or other testimony to interrogate a witness, examining counsel shall refrain from asking such superfluous questions as "Was your deposition taken in this case?," "Do you remember testifying that... ", and so on. Examining counsel instead shall indicate the page(s) and line(s) to which counsel wishes to refer, pause as indicated in paragraph 2 to permit any objection to be made and resolved, and - assuming that no objection is made or that an objection is overruled - read or play the testimony referred to following which counsel may put a appropriate question about the testimony- such as "Was that testimony true?" - to the witness. Counsel shall cooperate with each other in advising their opposite numbers as to the order of their witnesses and the expected duration of direct examinations or deposition read backs. Each party shall have one or more witnesses in the courthouse ready to testify immediately after the conclusion of the testimony of the preceding witness. The failure to have a witness on hand to take the stand may result in an order that an offending party has rested his or her case. There shall be no reference before the jury or the jury panel to any matters a to which admissible evidence has not previously been received or, in the case of opening statements, as to which the attorney lacks a good faith belief that admissible evidence will be received. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/21/23) (yv)
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| 239 |
Filed: 12/20/2023, Entered: 12/20/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated December 20, 2023 re: Deposition Designations and Prior Testimony. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Plaintiff's Designations, # (2) Exhibit B - NYAG Deposition Testimony, # (3) Exhibit C - NYAG Trial Testimony).(Kaplan, Roberta)
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| 238 |
Filed: 12/15/2023, Entered: 12/15/2023 |
response in opposition to motion |
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LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Shawn Crowley dated December 15, 2023 re: [237] LETTER MOTION for Discovery to Preclude Dr. Humphreys' Testimony or, in the alternative, to Submit a Supplemental Rebuttal Report addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated December 13, 2023. . Document filed by E. Jean Carroll..(Crowley, Shawn)
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| 237 |
Filed: 12/13/2023, Entered: 12/13/2023, Terminated: 12/29/2023 |
motion for discovery |
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LETTER MOTION for Discovery to Preclude Dr. Humphreys' Testimony or, in the alternative, to Submit a Supplemental Rebuttal Report addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated December 13, 2023. Document filed by Donald J. Trump. (Attachments: # (1) Exhibit A - Supplemental Expert Report of Professor Ashlee Humphreys, # (2) Exhibit B- Deposition Transcript of Ashlee Humphreys, # (3) Exhibit C - Expert Rebuttal Report of Charles Malkus).(Madaio, Michael)
- Attachment 1 Exhibit A - Supplemental Expert Report of Professor Ashlee Humphreys
- Attachment 2 Exhibit B- Deposition Transcript of Ashlee Humphreys
- Attachment 3 Exhibit C - Expert Rebuttal Report of Charles Malkus).(Madaio, Michael
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| 236 |
Filed: 12/13/2023, Entered: 12/13/2023 |
USCA order |
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TRUE COPY ORDER of USCA as to [179] Notice of Interlocutory Appeal, filed by Donald J. Trump USCA Case Number 23-1045-cv (L) & 23-1146-cv (Con). USCA Case Number 23-1045-cv (L) & 23-1146-cv (Con). Accordingly, we AFFIRM the July 5, 2023 order of the United States District Court for the Southern District of New York (Lewis A. Kaplan, Judge) denying Defendant's motion for summary judgment insofar as it rejected Defendant's presidential immunity defense and denied his request for leave to amend his answer to add presidential immunity as a defense. We likewise AFFIRM the District Court's August 7, 2023 order insofar as it struck Defendant's presidential immunity defense from his answer to Plaintiff's amended complaint. We DISMISS for lack of appellate jurisdiction the appeal of the District Court's July 5, 2023 order insofar as it determined that Defendant's statements about Plaintiff were defamatory per se. Finally, we REMAND the case to the District Court for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/13/2023.(km)
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Filed: None, Entered: None |
Transmission of USCA Mandate/Order to District Judge |
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Transmission of USCA Mandate/Order to the District Judge re: [236] USCA Order.(km)
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| 235 |
Filed: 11/29/2023, Entered: 11/29/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated November 29, 2023 Document filed by Donald J. Trump. (Attachments: # (1) Exhibit A - Correspondence between Counsel).(Madaio, Michael)
- Attachment 1 Exhibit A - Correspondence between Counsel).(Madaio, Michael
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Request |
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| 234 |
Filed: 11/22/2023, Entered: 11/22/2023 |
proposed jury instructions |
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PROPOSED JURY INSTRUCTIONS. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 233 |
Filed: 11/20/2023, Entered: 11/20/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated November 20, 2023 re: Ruling on Evidentiary Issues for Upcoming Trial. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Correspondence between Counsel, # (2) Exhibit B - Plaintiff's Interrogatory Responses, # (3) Exhibit C - Excerpts of People v. Trump Trial Transcript, # (4) Exhibit D - CNN Townhall Statement (PX-100)).(Kaplan, Roberta)
- Attachment 1 Exhibit A - Correspondence between Counsel
- Attachment 2 Exhibit B - Plaintiff's Interrogatory Responses
- Attachment 3 Exhibit C - Excerpts of People v. Trump Trial Transcript
- Attachment 4 Exhibit D - CNN Townhall Statement (PX-100)).(Kaplan, Roberta
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| 232 |
Filed: 11/16/2023, Entered: 11/16/2023 |
Memorandum and Opinion |
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MEMORANDUM OPINION re: [221] LETTER MOTION for Discovery to Substitute a New Rebuttal Expert addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated November 2, 2023, filed by Donald J. Trump. For the foregoing reasons, Mr. Trump's application to submit a new rebuttal expert (Dkt 221) is denied, subject to the caveat stated in the penultimate paragraph. (Signed by Judge Lewis A. Kaplan on 11/16/2023) (tro)
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Published at 2023 WL 7924698 |
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| 231 |
Filed: 11/15/2023, Entered: 11/15/2023 |
Notice (other) |
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NOTICE of Proposed Jury Verdict Form. Document filed by Donald J. Trump..(Madaio, Michael)
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| 230 |
Filed: 11/15/2023, Entered: 11/15/2023 |
proposed jury instructions |
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PROPOSED JURY INSTRUCTIONS. Document filed by Donald J. Trump..(Madaio, Michael)
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| 229 |
Filed: 11/15/2023, Entered: 11/15/2023 |
Notice (other) |
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NOTICE of Proposed Verdict Form. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 228 |
Filed: 11/15/2023, Entered: 11/15/2023 |
proposed jury instructions |
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PROPOSED JURY INSTRUCTIONS. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 227 |
Filed: 11/15/2023, Entered: 11/15/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [225] Proposed Pre-Trial Order filed by E. Jean Carroll. ENDORSEMENT: IT IS SO ORDERED this 15th day of November, 2023. (Signed by Judge Lewis A. Kaplan on 11/15/2023) (ate)
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| 226 |
Filed: 11/14/2023, Entered: 11/14/2023 |
Order |
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ORDER. On or before November 22, 2023, the parties shall submit a joint proposed preliminary instruction. The joint proposed preliminary instruction shall set forth: (a)an agreed statement as to the facts determined by virtue of the collateral estoppel effect of Carroll II in this case, (b)any facts to which the parties stipulate with respect to the scope of the issues to be tried in this case, and (c)any other facts to which the parties stipulate that, in their view, should be conveyed to the jury at the outset. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/14/23) (yv)
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| 225 |
Filed: 11/10/2023, Entered: 11/10/2023 |
Proposed Pretrial Order |
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PROPOSED PRE-TRIAL ORDER. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 224 |
Filed: 11/10/2023, Entered: 11/10/2023 |
Response in Support of Motion |
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LETTER RESPONSE in Support of Motion addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated November 10, 2023 re: [221] LETTER MOTION for Discovery to Substitute a New Rebuttal Expert addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated November 2, 2023. . Document filed by Donald J. Trump..(Madaio, Michael)
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| 223 |
Filed: 11/6/2023, Entered: 11/6/2023 |
response in opposition to motion |
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LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Shawn Crowley dated November 6, 2023 re: [221] LETTER MOTION for Discovery to Substitute a New Rebuttal Expert addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated November 2, 2023. . Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Email Correspondence).(Crowley, Shawn)
- Attachment 1 Exhibit A - Email Correspondence).(Crowley, Shawn
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| 222 |
Filed: 11/3/2023, Entered: 11/3/2023 |
Order |
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ORDER. In view of Mr. Trump's repeated public statements with respect to the plaintiff and court in this case as well as in other cases against him, and the extensive media coverage that this case already has received and that is likely to increase once the trial is imminent or underway, the Court finds that there is strong reason to believe the jury requires the protections prescribed below. No less restrictive alternative has been suggested. The presumption of access to juror names is overcome by the risks identified herein and in the Court's previous decision. Accordingly, (1) The names, addresses, and places of employment of prospective jurors on the voir dire panel, as well as jurors who ultimately are selected for the petit jury, shall not be revealed, (2) petit jurors shall be kept together during recesses and the United States Marshal Service ("USMS") shall take the petit jurors to, or provide them with, lunch as a group throughout the pendency of the trial, and (3) at the beginning and end of each trial day, the petit jurors shall be transported together or in groups from one or more undisclosed location or locations at which the jurors can assemble or from which they may return to their respective residences. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/3/23) (yv)
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| 221 |
Filed: 11/2/2023, Entered: 11/2/2023, Terminated: 11/16/2023 |
motion for discovery |
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LETTER MOTION for Discovery to Substitute a New Rebuttal Expert addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated November 2, 2023. Document filed by Donald J. Trump..(Madaio, Michael)
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| 220 |
Filed: 10/17/2023, Entered: 10/17/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated October 17, 2023 re: Response to Court's October 11, 2023 Order. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 219 |
Filed: 10/11/2023, Entered: 10/11/2023 |
Order |
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ORDER, The Court hereby establishes the following procedure. 1.On or before October 19, 2023, each party shall file a memorandum of law setting forth its position with respect to whether Mr. Trump defamed Ms. Carroll in his June 24, 2019 statement and the bases for its claim. Any response to any such memorandum shall be filed no later than October 26, 2023. Any reply shall be filed no later than November 2, 2023. 2.Any party objecting to the use of an anonymous jury in the trial of this case shall file any objections no later than October 13, 2023. Any response to any such objection shall be filed no later than October 18, 2023. 3.Any updated joint pretrial order shall be filed no later than November 10, 2023. 4.The parties shall file their proposed special verdict forms and jury instructions no later than November 15, 2023. SO ORDERED. ( Pretrial Order due by 11/10/2023.) (Signed by Judge Lewis A. Kaplan on 10/11/23) (yv)
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| 218 |
Filed: 10/10/2023, Entered: 10/10/2023 |
Order |
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ORDER In recognition of the January 15, 2024 federal holiday, the trial of this case will commence at 9:30 A.M. on January 16, 2024.( Jury Trial set for 1/16/2024 at 09:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 10/9/2023)
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| 217 |
Filed: 10/5/2023, Entered: 10/5/2023 |
order on motion in limine |
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MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION IN LIMINE granting in part and denying in part [133] Motion in Limine. Plaintiff's motion in limine (Dkt 133) insofar as it seeks to exclude Mr. Fisher's testimony is granted. It is denied as moot in all other respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/5/23) (yv)
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| 216 |
Filed: 9/13/2023, Entered: 9/13/2023 |
USCA Order - Other |
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ORDER of USCA (Certified Copy) as to [179] Notice of Interlocutory Appeal, filed by Donald J. Trump USCA Case Number 23-1045; 23-1146. Upon due consideration of these factors, the parties' submissions, and our own careful and independent review of the record, it is hereby ORDERED that Appellant's motions for a stay pending appeal are DENIED as further set forth. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 9/13/2023. (tp)
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| 215 |
Filed: 9/13/2023, Entered: 9/13/2023 |
USCA Order - Other |
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ORDER of USCA (Certified Copy) as to [203] Notice of Interlocutory Appeal, filed by Donald J. Trump USCA Case Number 23-1045; 23-1146. Upon due consideration of these factors, the parties' submissions, and our own careful and independent review of the record, it is hereby ORDERED that Appellant's motions for a stay pending appeal are DENIED as further set forth. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 9/13/2023. (tp)
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| 214 |
Filed: 9/6/2023, Entered: 9/6/2023 |
Memorandum and Opinion |
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MEMORANDUM OPINION re: [193] MOTION FOR ENTRY OF AN ORDER LIMITING THE ISSUES TO BE LITIGATED ON THE GROUNDS OF COLLATERAL ESTOPPEL . filed by Donald J. Trump, [189] MOTION for Partial Summary Judgment . filed by E. Jean Carroll. For the foregoing reasons, Ms. Carroll's motion for partial summary judgment (Dkt 189) is granted except with respect to Mr. Trump's June 24, 2019 statement. Mr. Trump's motion with respect to the issue preclusive effect of the Carroll II verdict in this action (Dkt 193) is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/6/2023) (tg)
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Published at 2023 WL 5731152 |
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| 213 |
Filed: 8/30/2023, Entered: 8/30/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [189] MOTION for Partial Summary Judgment . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 212 |
Filed: 8/23/2023, Entered: 8/23/2023 |
response in opposition to motion |
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RESPONSE in Opposition to Motion re: [189] MOTION for Partial Summary Judgment . Response to Local Rule 56.1 Statement. Document filed by Donald J. Trump..(Habba, Alina)
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| 211 |
Filed: 8/23/2023, Entered: 8/23/2023 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [189] MOTION for Partial Summary Judgment . . Document filed by Donald J. Trump..(Habba, Alina)
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| 210 |
Filed: 8/23/2023, Entered: 8/23/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [189] MOTION for Partial Summary Judgment . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 209 |
Filed: 8/23/2023, Entered: 8/23/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [193] MOTION FOR ENTRY OF AN ORDER LIMITING THE ISSUES TO BE LITIGATED ON THE GROUNDS OF COLLATERAL ESTOPPEL . . Document filed by Donald J. Trump..(Habba, Alina)
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| 208 |
Filed: 8/18/2023, Entered: 8/18/2023 |
Memorandum and Opinion |
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MEMORANDUM OPINION DENYING DEFENDANT'S MOTION TO STAY re: [185] MOTION to Stay Pending Appeal, filed by Donald J. Trump. For the foregoing reasons, Mr. Trump's motion for a stay pending appeal (Dkt 185) is denied. This Court certifies that the appeal itself is frivolous. (Signed by Judge Lewis A. Kaplan on 8/18/2023) (tro)
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| 207 |
Filed: 8/17/2023, Entered: 8/17/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [185] MOTION to Stay Pending Appeal. . Document filed by Donald J. Trump..(Madaio, Michael)
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| 206 |
Filed: 8/16/2023, Entered: 8/16/2023 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [189] MOTION for Partial Summary Judgment . With Respect to Facts Established by the Verdict in Carroll II. Document filed by Donald J. Trump..(Habba, Alina)
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| 205 |
Filed: 8/16/2023, Entered: 8/16/2023 |
Declaration in Opposition to Motion |
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DECLARATION of Roberta A. Kaplan in Opposition re: [193] MOTION FOR ENTRY OF AN ORDER LIMITING THE ISSUES TO BE LITIGATED ON THE GROUNDS OF COLLATERAL ESTOPPEL .. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit 1 - Excerpts of Carroll II Trial Transcript).(Kaplan, Roberta)
- Attachment 1 Exhibit 1 - Excerpts of Carroll II Trial Transcript).(Kaplan, Roberta
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| 204 |
Filed: 8/16/2023, Entered: 8/16/2023 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [193] MOTION FOR ENTRY OF AN ORDER LIMITING THE ISSUES TO BE LITIGATED ON THE GROUNDS OF COLLATERAL ESTOPPEL . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 203 |
Filed: 8/10/2023, Entered: 8/10/2023, Terminated: 3/1/2024 |
Notice of Interlocutory Appeal |
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NOTICE OF INTERLOCUTORY APPEAL from [200] Memorandum & Opinion,,,,. Document filed by Donald J. Trump. Filing fee $ 505.00, receipt number ANYSDC-28132521. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # (1) Exhibit).(Madaio, Michael)
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| 202 |
Filed: 8/10/2023, Entered: 8/10/2023 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [185] MOTION to Stay Pending Appeal. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [203] Notice of Interlocutory Appeal, filed by Donald J. Trump were transmitted to the U.S. Court of Appeals.(km)
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Filed: None, Entered: None |
transmission of notice of appeal and docket sheet to USCA |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [203] Notice of Interlocutory Appeal.(km)
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| 201 |
Filed: 8/8/2023, Entered: 8/8/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [199] Letter proposed briefing in connection with Defendant's collateral estoppel motion filed by E. Jean Carroll. ENDORSEMENT : Denied as moot by Court's decision on plaintiff's motion to dismiss (Dkt 200). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/8/23) (yv)
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| 200 |
Filed: 8/7/2023, Entered: 8/7/2023 |
Memorandum and Opinion |
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MEMORANDUM OPINION GRANTING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM AND CERTAIN PURPORTED AFFIRMATIVE DEFENSES re: [174] MOTION to Dismiss and Motion to Strike. filed by E. Jean Carroll. For the foregoing reasons, Ms. Carroll's motion to dismiss Mr. Trump's counterclaim (Dkt 174) is granted. Her motion to strike Mr. Trump's affirmative defenses (Dkt 174) is granted in part and denied in part as follows: (1)Mr. Trump's first and twelfth affirmative defenses are stricken in their entirety. (2)Mr. Trump's fifth and fifteenth affirmative defenses are stricken except to the extent, if any, that they relate to Mr. Trump's June 24, 2019 statement. (3) Mr. Trump's third affirmative defense is stricken to the extent it asserts an absolute presidential immunity defense, and is not stricken in any other respect, if there is any. It is denied in its remaining respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/7/23) (yv)
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Published at 2023 WL 5017230 |
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| 199 |
Filed: 8/3/2023, Entered: 8/3/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated August 3, 2023 re: proposed briefing in connection with Defendant's collateral estoppel motion. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 198 |
Filed: 8/3/2023, Entered: 8/3/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [197] Letter requests 21 days to file an opposition to Plaintiff's motion. filed by Donald J. Trump. ENDORSEMENT: To the extent, if any, defendant seeks an extension of time to respond to plaintiff's motion insofar as it seeks a determination with respect to facts established by the Carroll II verdict, the application is denied. To the extent that defendant seeks an extension to respond to plaintiff's motion insofar as it seeks partial summary judgment, the application is granted. Plaintiffs time to file a reply to defendant's submission on that issue is extended by an equal period of time. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/3/23) (yv)
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| 197 |
Filed: 8/3/2023, Entered: 8/3/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Michael T. Madaio dated 8/3/2023 Document filed by Donald J. Trump..(Madaio, Michael)
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| 196 |
Filed: 8/3/2023, Entered: 8/3/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: (215 in 1:22-cv-10016-LAK, 183 in 1:20-cv-07311-LAK) Letter request that Your Honor apprise us as to whether Kaplan Hecker & Fink, LLP may comply with the People's trial subpoena. ENDORSEMENT: Kaplan Hecker & Fink, LLP may comply with the People's trial subpoena. SO ORDERED., (Signed by Judge Lewis A. Kaplan on 8/3/23) (yv)
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| 195 |
Filed: 8/2/2023, Entered: 8/2/2023 |
Declaration in Support of Motion |
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DECLARATION of Alina Habba in Support re: [193] MOTION FOR ENTRY OF AN ORDER LIMITING THE ISSUES TO BE LITIGATED ON THE GROUNDS OF COLLATERAL ESTOPPEL .. Document filed by Donald J. Trump. (Attachments: # (1) Exhibit A - Expert Report of Professor Ashlee Humphreys, PhD, dated January 9, 2023, # (2) Exhibit B - Expert Report of Professor Ashlee Humphreys, PhD, dated October 14, 2022).(Habba, Alina)
- Attachment 1 Exhibit A - Expert Report of Professor Ashlee Humphreys, PhD, dated January 9, 2023
- Attachment 2 Exhibit B - Expert Report of Professor Ashlee Humphreys, PhD, dated October 14, 2022).(Habba, Alina
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| 194 |
Filed: 8/2/2023, Entered: 8/2/2023 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [193] MOTION FOR ENTRY OF AN ORDER LIMITING THE ISSUES TO BE LITIGATED ON THE GROUNDS OF COLLATERAL ESTOPPEL . . Document filed by Donald J. Trump..(Habba, Alina)
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| 193 |
Filed: 8/2/2023, Entered: 8/2/2023, Terminated: 9/6/2023 |
Motion for Miscellaneous Relief |
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MOTION FOR ENTRY OF AN ORDER LIMITING THE ISSUES TO BE LITIGATED ON THE GROUNDS OF COLLATERAL ESTOPPEL . Document filed by Donald J. Trump..(Habba, Alina)
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| 192 |
Filed: 8/2/2023, Entered: 8/2/2023 |
Declaration in Support of Motion |
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DECLARATION of Roberta A. Kaplan in Support re: [189] MOTION for Partial Summary Judgment .. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit 1 - New York Magazine Article (Online Version), # (2) Exhibit 2 - Excerpts of Deposition of Donald J. Trump, # (3) Exhibit 3 - Defendant's Responses and Objections to Plaintiff's First Set of Requests for Admission, # (4) Exhibit 4 - June 21, 2019 Statement, # (5) Exhibit 5 - June 22, 2019 Statement, # (6) Exhibit 6 - June 24, 2019 Statement, # (7) Exhibit 7 - Excerpt of Deposition of E. Jean Carroll, # (8) Exhibit 8 - Photograph of E. Jean Carroll and Donald Trump, # (9) Exhibit 9 - Expert Report of Ashlee Humphreys, # (10) Exhibit 10 - October 12, 2022 Statement, # (11) Exhibit 11 - Excerpts of Carroll II Trial Transcript, # (12) Exhibit 12 - Carroll II Jury Charge).(Kaplan, Roberta)
- Attachment 1 Exhibit 1 - New York Magazine Article (Online Version)
- Attachment 2 Exhibit 2 - Excerpts of Deposition of Donald J. Trump
- Attachment 3 Exhibit 3 - Defendant's Responses and Objections to Plaintiff's First Set of Requests for Admission
- Attachment 4 Exhibit 4 - June 21, 2019 Statement
- Attachment 5 Exhibit 5 - June 22, 2019 Statement
- Attachment 6 Exhibit 6 - June 24, 2019 Statement
- Attachment 7 Exhibit 7 - Excerpt of Deposition of E. Jean Carroll
- Attachment 8 Exhibit 8 - Photograph of E. Jean Carroll and Donald Trump
- Attachment 9 Exhibit 9 - Expert Report of Ashlee Humphreys
- Attachment 10 Exhibit 10 - October 12, 2022 Statement
- Attachment 11 Exhibit 11 - Excerpts of Carroll II Trial Transcript
- Attachment 12 Exhibit 12 - Carroll II Jury Charge).(Kaplan, Roberta
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| 191 |
Filed: 8/2/2023, Entered: 8/2/2023 |
Rule 56.1 Statement |
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RULE 56.1 STATEMENT. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 190 |
Filed: 8/2/2023, Entered: 8/2/2023 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [189] MOTION for Partial Summary Judgment . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 189 |
Filed: 8/2/2023, Entered: 8/2/2023, Terminated: 9/6/2023 |
Motion for partial summary judgment |
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MOTION for Partial Summary Judgment . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 188 |
Filed: 8/1/2023, Entered: 8/1/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [174] MOTION to Dismiss and Motion to Strike. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 187 |
Filed: 7/28/2023, Entered: 7/28/2023 |
Order |
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ORDER Any response to the District Attorneys letter shall be filed on or before August 2, 2023. (Signed by Judge Lewis A. Kaplan on 7/28/2023) (Mohan, Andrew)
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| 186 |
Filed: 7/27/2023, Entered: 7/27/2023 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [185] MOTION to Stay Pending Appeal. . Document filed by Donald J. Trump..(Madaio, Michael)
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| 185 |
Filed: 7/27/2023, Entered: 7/27/2023, Terminated: 8/18/2023 |
Motion To Stay |
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MOTION to Stay Pending Appeal. Document filed by Donald J. Trump..(Madaio, Michael)
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| 184 |
Filed: 7/27/2023, Entered: 7/27/2023 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Michael T Madaio on behalf of Donald J. Trump..(Madaio, Michael)
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| 183 |
Filed: 7/27/2023, Entered: 7/27/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Susan Hoffinger dated 7/26/23 re: equest that Your Honor apprise us as to whether Kaplan Hecker & Fink, LLP may comply with the People's trial subpoena or if the Protective and Confidentiality Order in Carroll v. Trump precludes such compliance.(yv)
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| 182 |
Filed: 7/26/2023, Entered: 7/26/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated 7/25/2023 re: We write on behalf of Plaintiff E. Jean Carroll with respect to Your Honor's July 19, 2023 Order directing each party to "file a motion setting forth precisely each fact or proposition of law, if any, as to which the moving party claims Carroll II has preclusive effective in this action." ECF 178. We understand this Order as directing the parties to submit any targeted summary judgment motions they may wish to make in Carroll I raising preclusion arguments based on Carroll II. Document filed by E. Jean Carroll.(Mohan, Andrew)
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| 181 |
Filed: 7/25/2023, Entered: 7/25/2023 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [174] MOTION to Dismiss and Motion to Strike. . Document filed by Donald J. Trump..(Habba, Alina)
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| 180 |
Filed: 7/25/2023, Entered: 7/25/2023 |
Order |
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MEMORANDUM REGARDING PLAINTIFF'S MOTION TO FILE AN AMENDED COMPLAINT. There accordingly is no merit to any of Mr. Trump's arguments in opposition to Ms. Carroll's motion for leave to amend her complaint. (Signed by Judge Lewis A. Kaplan on 7/25/23) (yv)
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| 179 |
Filed: 7/19/2023, Entered: 7/19/2023, Terminated: 1/16/2024 |
Notice of Interlocutory Appeal |
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NOTICE OF INTERLOCUTORY APPEAL from [173] Memorandum & Opinion,. Document filed by Donald J. Trump. Filing fee $ 505.00, receipt number ANYSDC-28020542. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # (1) Exhibit Memorandum Opinion Denying Defendant's Motion for Summary Judgment (Corrected)).(Madaio, Michael)
- Attachment 1 Exhibit Memorandum Opinion Denying Defendant's Motion for Summary Judgment (Corrected)).(Madaio, Michael
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| 178 |
Filed: 7/19/2023, Entered: 7/19/2023 |
Order |
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ORDER, The Court hereby establishes the following procedure. I. On or before August 2, 2023, each party shall file a motion setting forth precisely each fact or proposition of law, if any, as to which the moving party claims Carroll II has preclusive effect in this action. The motion shall be supported by a memorandum of law setting forth the bases for the moving party's claim.No fact or proposition of law not identified in such a motion shall be regarded as having been established by Carroll II 2. Answering and reply papers with respect to any such motion shall be filed on or before August 16, 2023 and August 23, 2023, respectively. SO ORDERED. ( Motions due by 8/2/2023., Replies due by 8/23/2023., Responses due by 8/16/2023) (Signed by Judge Lewis A. Kaplan on 7/19/23) (yv)
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Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [179] Notice of Interlocutory Appeal, filed by Donald J. Trump were transmitted to the U.S. Court of Appeals. (km)
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Filed: None, Entered: None |
transmission of notice of appeal and docket sheet to USCA |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [179] Notice of Interlocutory Appeal. (km)
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| 177 |
Filed: 7/11/2023, Entered: 7/11/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from James G. Touhey, Jr. dated July 11, 2023 re: Westfall Act Certification. Document filed by United States of America. (Attachments: # (1) Exhibit July 11, 2023, Ltr from Boynton to Counsel).(Terrell, Stephen)
- Attachment 1 Exhibit July 11, 2023, Ltr from Boynton to Counsel).(Terrell, Stephen
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| 176 |
Filed: 7/11/2023, Entered: 7/11/2023 |
Declaration in Support of Motion |
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DECLARATION of Roberta A. Kaplan in Support re: [174] MOTION to Dismiss and Motion to Strike.. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Excerpts of Carroll II Trial Transcript, # (2) Exhibit B - Video Recording of Carroll Interview on CNN, # (3) Exhibit C - Transcript of Carroll Interview on CNN).(Kaplan, Roberta)
- Attachment 1 Exhibit A - Excerpts of Carroll II Trial Transcript
- Attachment 2 Exhibit B - Video Recording of Carroll Interview on CNN
- Attachment 3 Exhibit C - Transcript of Carroll Interview on CNN).(Kaplan, Roberta
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| 175 |
Filed: 7/11/2023, Entered: 7/11/2023 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [174] MOTION to Dismiss and Motion to Strike. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 174 |
Filed: 7/11/2023, Entered: 7/11/2023, Terminated: 8/7/2023 |
Motion to Dismiss |
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MOTION to Dismiss and Motion to Strike. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 173 |
Filed: 7/5/2023, Entered: 7/5/2023 |
Memorandum and Opinion |
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MEMORANDUM OPINION DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (CORRECTED): For the foregoing reasons, Mr. Trump's motion for summary judgment dismissing the complaint (Dkt 107) and his alternative request for leave to amend his answer to assert the absolute presidential immunity defense are denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/5/2023) (tg)
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Published at 2023 WL 4393067 |
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| 172 |
Filed: 6/29/2023, Entered: 6/29/2023 |
Memorandum and Opinion |
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MEMORANDUM OPINION DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT re: [107] MOTION for Summary Judgment . filed by Donald J. Trump. For the foregoing reasons, Mr. Trump's motion for summary judgment dismissing the complaint (Dkt 107) and his alternative request for leave to amend his answer to assert the absolute presidential immunity defense are denied. (Signed by Judge Lewis A. Kaplan on 6/29/2023) (tro)
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| 171 |
Filed: 6/27/2023, Entered: 6/27/2023 |
Amended Answer to Complaints |
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AMENDED ANSWER to., COUNTERCLAIM against E. Jean Carroll. Document filed by Donald J. Trump..(Habba, Alina)
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| Save 25% on a pre-paid one year subscription. |
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| 170 |
Filed: 6/15/2023, Entered: 6/15/2023 |
Order |
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ORDER, Unless this case previously has been entirely disposed of, trial of this action shall commence on January 15, 2024 absent contrary order of the Court. ( Jury Trial set for 1/15/2024 at 09:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 6/15/2023) (Mohan, Andrew)
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| 169 |
Filed: 6/13/2023, Entered: 6/13/2023 |
Order on motion to amend/correct |
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ORDER granting [155] Motion to Amend/Correct [155] MOTION to Amend/Correct ., [6] Notice of Removal. The plaintiff's motion for leave to amend [Dkt 155] is granted. A memorandum opinion may follow. The amended complaint is deemed served and filed today. Defendant has requested that the Court, "[s]hould the Court... deny Plaintiff's Motion to Amend" [Dkt 164, at 19], grant defendant permission to file a supplemental motion for summary judgment. As the Court has granted plaintiff's motion, that request is moot. In all the circumstances, any further submission by the United States (including any new or amended certification and/or motion to substitute) and/or the defendant with respect to substitution of the United States for the defendant shall be served and filed no later than July 13, 2023. Any response by the plaintiff shall be served and filed no later than July 27, 2023. Any reply(ies) by the United States and/or the defendant shall be served and filed no later than August 3, 2023. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/13/23) (yv)
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Filed: None, Entered: None |
***Set/Reset Deadlines |
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Set/Reset Deadlines: Motions due by 7/13/2023. Responses due by 7/27/2023. Replies due by 8/3/2023. (yv)
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| 168 |
Filed: 6/12/2023, Entered: 6/12/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [155] MOTION to Amend/Correct . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 167 |
Filed: 6/9/2023, Entered: 6/9/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated 06/09/2023 re: Department of Justice Letter. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 166 |
Filed: 6/9/2023, Entered: 6/9/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Stephen Terrell dated June 9, 20203 re: Order of June 1, 2023. Document filed by United States of America..(Terrell, Stephen)
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| 165 |
Filed: 6/5/2023, Entered: 6/5/2023 |
Declaration in Opposition to Motion |
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DECLARATION of Alina Habba in Opposition re: [155] MOTION to Amend/Correct .. Document filed by Donald J. Trump. (Attachments: # (1) Exhibit A- New York Magazine Article, # (2) Exhibit B - Complaint, # (3) Exhibit C - Carroll II Complaint, # (4) Exhibit D - Relevant Portion of Plaintiff's Trial Testimony, # (5) Exhibit E - Carroll II Jury Verdict, # (6) Exhibit F - Notice of Appeal, # (7) Exhibit G - Defendant's CNN Town Hall Transcript, # (8) Exhibit H - Deposition of E. Jean Carroll).(Habba, Alina)
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| 164 |
Filed: 6/5/2023, Entered: 6/5/2023 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [155] MOTION to Amend/Correct . . Document filed by Donald J. Trump..(Habba, Alina)
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| 163 |
Filed: 6/1/2023, Entered: 6/1/2023 |
Order |
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ORDER: The government shall advise the Court on or before June 9, 2023, whether it is the government's position that the filing of an amended complaint in this case would render the government's previous Westfall Act certification ineffective and moot the government's motion to substitute itself for Mr. Trump under that Act. The Court implies no determination or view as to whether plaintiff's motion for leave to amend the complaint should be granted or denied. (Signed by Judge Lewis A. Kaplan on 6/1/2023) (ate)
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| 162 |
Filed: 6/1/2023, Entered: 6/1/2023 |
Order on motion to intervene |
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MEMO ENDORSED ORDER denying [161] Motion to Intervene. ENDORSEMENT: There are only two bases on which one may intervene in a civil action. The first is intervention as of right, which is available only to one who "is given an unconditional right to intervene by a federal statute" or "claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless the existing parties adequately represent that interest." Fed. R. Civ. P. 24(a). The second is intervention by permission of the court, which in an appropriate case may be granted if the putative intervenor "is given a conditional right to intervene by a federal statute" or "has a claim or defense that shares with the main action a common question of law or fact." Fed. R. Civ. P. 24(b). Mr. Brady does not satisfy any of these criteria. Accordingly, this motion is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/1/23) (yv)
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| 161 |
Filed: 5/31/2023, Entered: 6/1/2023 |
Motion to Intervene |
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AFFIDAVIT IN SUPPORT OF MOTION TO INTERVENE(MOTION to Intervene).Document filed by James H. Brady, proposed intervenor. (Attachments: # (1) Exhibit 1, # (2) Certificate of Service)(sc) Modified on 6/1/2023 (sc).
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| 160 |
Filed: 5/26/2023, Entered: 5/26/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated May 26, 2023 re: Response to Plaintiff's Letter. Document filed by Donald J. Trump..(Habba, Alina)
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| 159 |
Filed: 5/26/2023, Entered: 5/26/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Stephen Terrell dated 05/26/2023 re: May 22, 2023, Letter; Order of May 24, 2023. Document filed by United States of America..(Terrell, Stephen)
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| 158 |
Filed: 5/24/2023, Entered: 5/24/2023 |
Order |
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ORDER, 1.Any response to plaintiff's letter of May 22, 2023 shall be filed on or before May 26, 2023. Unless otherwise ordered, any opposition to plaintiff's motion to amend, and any reply in support thereof, under the Rules of this Court, is due on or before June 5, 2023 and June 12, 2023, respectively. 3. Government counsel promptly should begin their review of deposition and other discovery material and such other material as may be appropriate that the United States has not previously considered and that the patties have suggested may be relevant "to the substitution issue." SO ORDERED. ( Replies due by 6/12/2023.) (Signed by Judge Lewis A. Kaplan on 5/24/23) (yv)
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Filed: None, Entered: None |
Order on motion to intervene |
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ORDER terminating [152] Motion to Intervene (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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| 157 |
Filed: 5/22/2023, Entered: 5/22/2023 |
Declaration in Support of Motion |
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DECLARATION of Roberta A. Kaplan in Support re: [155] MOTION to Amend/Correct .. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Amended Complaint, # (2) Exhibit B - Redline Comparison).(Kaplan, Roberta)
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| 156 |
Filed: 5/22/2023, Entered: 5/22/2023 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [155] MOTION to Amend/Correct . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 155 |
Filed: 5/22/2023, Entered: 5/22/2023, Terminated: 6/13/2023 |
Motion to Amend/Correct |
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MOTION to Amend/Correct . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 154 |
Filed: 5/22/2023, Entered: 5/22/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated May 22, 2023 re: Proposed Schedule. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 153 |
Filed: 5/15/2023, Entered: 5/15/2023 |
Order |
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ORDER. Reuben Larson, appearing prose, has petitioned to "address" and "remonstrance" this Court in relation to the above-captioned matter. Applying a liberal interpretation of his pro se filing, the Court construes his petition as a motion to intervene. That motion is denied both as a matter of law and in the Court's discretion. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/11/23) (yv)
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| 152 |
Filed: 5/11/2023, Entered: 5/12/2023 |
Motion to Intervene |
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MOTION to Intervene. Document filed by Reuben Larson. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Certificate of Service.(vba)
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| 151 |
Filed: 5/11/2023, Entered: 5/11/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Susan S. Harmon, Esq. dated 5/1/2023 re: Alleged 1996 Rape at Bergdorf Goodman. I have some exculpatory evidence and material to offer in this case in favor of defendant.(Mohan, Andrew)
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| 150 |
Filed: 4/21/2023, Entered: 4/21/2023 |
USCA Mandate |
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MANDATE of USCA (Certified Copy) as to [46] Notice of Interlocutory Appeal, filed by Donald J. Trump, [45] Notice of Interlocutory Appeal filed by United States of America USCA Case Number 20-3977-cv (L), 20-3978-cv (Con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the cause is REMANDED to the district court for further proceedings consistent with the detailed guidance provided by the D.C. Court of Appeals. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 4/21/2023. (Attachments: # (1) Appendix Supporting Document). (tp)
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| 149 |
Filed: 4/21/2023, Entered: 4/21/2023, Terminated: 4/21/2023 |
USCA Order - Other |
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OPINION of USCA (Certified Copy) as to [46] Notice of Interlocutory Appeal, filed by Donald J. Trump, [45] Notice of Interlocutory Appeal filed by United States of America USCA Case Number 20-3977-cv (L), 20-3978-cv (Con). Having vacated in our prior opinion the District Court's judgment that Trump did not act within the scope of his employment, Carroll I, 49 F.4th at 761, we now REMAND to the district court for further proceedings consistent with the detailed guidance provided by the D.C. Court of Appeals. The Clerk is directed to issue the mandate forthwith. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 4/21/2023. (tp) Modified on 4/21/2023 (tp).
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| 148 |
Filed: 3/20/2023, Entered: 3/20/2023 |
Order on Motion to consolidate cases |
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ORDER denying [147] Letter Motion to Consolidate Cases. The letter motion to consolidate these cases for trial, filed in the first captioned case as Dkt 14 7, is denied. The parties overestimate both the judicial economy benefits that would be achieved and the risk of inconsistent rulings that would be eliminated by consolidation. Issue preclusion appears to the Court adequate to achieve appropriate conservation of judicial resources and avoidance of inconsistent rulings even if the two cases were tried separately. Moreover, a trial in 20-cv-7311 conceivably could prove unnecessary. In addition, approval of the consolidation proposal would be in tension with the deference to the Second Circuit and the District of Columbia Court of Appeals that this Court believes appropriate in the circumstances. 2.The trial of 20-cv-7311, previously scheduled tentatively to begin on April 10, 2023, is adjourned sine die. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/20/23) (yv)
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| 147 |
Filed: 3/17/2023, Entered: 3/17/2023, Terminated: 3/20/2023 |
Motion to consolidate cases |
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LETTER MOTION to Consolidate Cases 1:22-cv-10016 for Trial addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated March 17, 2023. Document filed by E. Jean Carroll. (Attachments: # (1) Text of Proposed Order / Stipulation and [Proposed] Order).(Kaplan, Roberta)
- Attachment 1 Text of Proposed Order / Stipulation and [Proposed] Order).(Kaplan, Roberta
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| 146 |
Filed: 3/10/2023, Entered: 3/10/2023 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Michael Ferrara on behalf of E. Jean Carroll..(Ferrara, Michael)
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| 145 |
Filed: 3/10/2023, Entered: 3/10/2023 |
Memorandum and Opinion |
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MEMORANDUM OPINION re: [130] MOTION in Limine , filed by Donald J. Trump. For the foregoing reasons, Mr. Trump's in limine motion (Dkt. 130) is denied in all respects. This ruling is without prejudice to renewing his objection to the campaign speech excerpts in the event they are offering at trial. Unless otherwise ordered, those excerpts shall not be mentioned in opening statements. (Signed by Judge Lewis A. Kaplan on 3/10/2023) (tro)
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| 144 |
Filed: 3/9/2023, Entered: 3/9/2023 |
Declaration in Support of Motion |
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DECLARATION of Roberta A. Kaplan in Support re: [133] MOTION in Limine .. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit 1 - Excerpts of Deposition of Robert J. Fisher in Carroll I, # (2) Exhibit 2 - Excerpt of Deposition of Robert J. Fisher in Carroll II).(Kaplan, Roberta)
- Attachment 1 Exhibit 1 - Excerpts of Deposition of Robert J. Fisher in Carroll I
- Attachment 2 Exhibit 2 - Excerpt of Deposition of Robert J. Fisher in Carroll II).(Kaplan, Roberta
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| 143 |
Filed: 3/9/2023, Entered: 3/9/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [133] MOTION in Limine . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 142 |
Filed: 3/3/2023, Entered: 3/3/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [141] Letter Defendants Unauthorized Reply Brief filed by E. Jean Carroll. ENDORSEMENT : Reply brief not to exceed 5 pages due by March 9, 2023. SO ORDERED., ( Replies due by 3/9/2023.) (Signed by Judge Lewis A. Kaplan on 3/3/23) (yv)
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| 141 |
Filed: 3/3/2023, Entered: 3/3/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated March 3, 2023 re: Defendants Unauthorized Reply Brief. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 140 |
Filed: 3/2/2023, Entered: 3/2/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [130] MOTION in Limine . . Document filed by Donald J. Trump..(Habba, Alina)
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| 139 |
Filed: 2/23/2023, Entered: 2/23/2023 |
Declaration in Opposition to Motion |
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DECLARATION of Roberta A. Kaplan in Opposition re: [130] MOTION in Limine .. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit 1 - Excerpts of Deposition of Natasha Stoynoff, # (2) Exhibit 2 - Excerpts of Deposition of Jessica Leeds, # (3) Exhibit 3 - Access Hollywood Video, # (4) Exhibit 4 - Excerpts of Deposition of Donald J. Trump, # (5) Exhibit 5 - Sept. 26, 2016 Debate Video, # (6) Exhibit 6 - Excerpts of Deposition of E. Jean Carroll, # (7) Exhibit 7 - Oct. 13, 2016 Campaign Video 1, # (8) Exhibit 8 - Oct. 13, 2016 Campaign Video 2, # (9) Exhibit 9 - Oct. 13, 2016 Campaign Video 3, # (10) Exhibit 10 - Oct. 14, 2016 Campaign Video 1, # (11) Exhibit 11 - Oct. 14, 2016 Campaign Video 2, # (12) Exhibit 12 - Oct. 21, 2016 Campaign Video, # (13) Exhibit 13 - June 21, 2019 Statement, # (14) Exhibit 14 - June 22, 2019 Statement, # (15) Exhibit 15 - June 24, 2019 Statement, # (16) Exhibit 16 - Oct. 12, 2022 Statement).(Kaplan, Roberta)
- Attachment 1 Exhibit 1 - Excerpts of Deposition of Natasha Stoynoff
- Attachment 2 Exhibit 2 - Excerpts of Deposition of Jessica Leeds
- Attachment 3 Exhibit 3 - Access Hollywood Video
- Attachment 4 Exhibit 4 - Excerpts of Deposition of Donald J. Trump
- Attachment 5 Exhibit 5 - Sept. 26, 2016 Debate Video
- Attachment 6 Exhibit 6 - Excerpts of Deposition of E. Jean Carroll
- Attachment 7 Exhibit 7 - Oct. 13, 2016 Campaign Video 1
- Attachment 8 Exhibit 8 - Oct. 13, 2016 Campaign Video 2
- Attachment 9 Exhibit 9 - Oct. 13, 2016 Campaign Video 3
- Attachment 10 Exhibit 10 - Oct. 14, 2016 Campaign Video 1
- Attachment 11 Exhibit 11 - Oct. 14, 2016 Campaign Video 2
- Attachment 12 Exhibit 12 - Oct. 21, 2016 Campaign Video
- Attachment 13 Exhibit 13 - June 21, 2019 Statement
- Attachment 14 Exhibit 14 - June 22, 2019 Statement
- Attachment 15 Exhibit 15 - June 24, 2019 Statement
- Attachment 16 Exhibit 16 - Oct. 12, 2022 Statement).(Kaplan, Roberta
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| 138 |
Filed: 2/23/2023, Entered: 2/23/2023 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [130] MOTION in Limine . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 137 |
Filed: 2/23/2023, Entered: 2/23/2023 |
Declaration in Opposition to Motion |
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DECLARATION of Alina Habba in Opposition re: [133] MOTION in Limine .. Document filed by Donald J. Trump. (Attachments: # (1) Exhibit A - Deposition of Natasha Stoynoff, # (2) Exhibit B - Deposition of Jessica Leeds, # (3) Exhibit C - Expert Report of Robert Fisher, # (4) Exhibit D - Deposition of Robert Fisher, # (5) Exhibit E - Deposition of E. Jean Carroll, # (6) Exhibit F- Deposition of E. Jean Carroll, # (7) Exhibit G - Plaintiff's Second Supplemental Disclosure, # (8) Exhibit H - Plaintiff's Third Supplemental Disclosure).(Habba, Alina)
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| 136 |
Filed: 2/23/2023, Entered: 2/23/2023 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [133] MOTION in Limine . . Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 135 |
Filed: 2/16/2023, Entered: 2/16/2023 |
Declaration in Support of Motion |
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DECLARATION of Roberta A. Kaplan in Support re: [133] MOTION in Limine .. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit 1 Excerpts of Deposition of Lisa Birnbach, # (2) Exhibit 2 Excerpts of Deposition of Carol Martin, # (3) Exhibit 3 Excerpts of Deposition of Donald J. Trump, # (4) Exhibit 4 Excerpts of Deposition of Natasha Stoynoff, # (5) Exhibit 5 Excerpts of Deposition of Jessica Leeds, # (6) Exhibit 6 Excerpt of Deposition of E. Jean Carroll, # (7) Exhibit 7 Exhibit 33 from the Deposition of Donald J. Trump, # (8) Exhibit 8 Expert Report of Ashlee Humphreys, PhD, # (9) Exhibit 9 Rebuttal Expert Report of Robert J. Fisher, # (10) Exhibit 10 Excerpts of Deposition of Robert J. Fisher, # (11) Exhibit 11 Trumps Initial Disclosures, # (12) Exhibit 12 Trumps Supplemental Expert Disclosures, # (13) Exhibit 13 Trumps Initial Disclosures in Carroll II, # (14) Exhibit 14 - Trumps Supp. Responses to Interrogatories, # (15) Exhibit 15 Aug. 24, 2022 Email from M. Madaio, # (16) Exhibit 16 Exhibit 20 from the Deposition of Donald J. Trump, # (17) Exhibit 17 - Excerpts of Deposition of Stephanie Grisham).(Kaplan, Roberta)
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Request |
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| 134 |
Filed: 2/16/2023, Entered: 2/16/2023 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [133] MOTION in Limine . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 133 |
Filed: 2/16/2023, Entered: 2/16/2023, Terminated: 10/5/2023 |
Motion in Limine |
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MOTION in Limine . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 132 |
Filed: 2/16/2023, Entered: 2/16/2023 |
Declaration in Support of Motion |
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DECLARATION of Alina Habba in Support re: [130] MOTION in Limine .. Document filed by Donald J. Trump. (Attachments: # (1) Exhibit A - Deposition of Natasha Stoynoff, # (2) Exhibit B - Deposition of Jessica Leeds).(Habba, Alina)
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Request |
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| 131 |
Filed: 2/16/2023, Entered: 2/16/2023 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [130] MOTION in Limine . . Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 130 |
Filed: 2/16/2023, Entered: 2/16/2023, Terminated: 3/10/2023 |
Motion in Limine |
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MOTION in Limine . Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 129 |
Filed: 2/13/2023, Entered: 2/13/2023 |
Pretrial Order |
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JOINT PRETRIAL ORDER. The parties having conferred among themselves and with the Court pursuant to Fed. R. Civ. P. 16, the following statements, directions and agreements are adopted as the Pretrial Order herein as further set forth in this Order. Carroll and Trump both request that this action be tried by jury. The parties estimate that the trial will take between 5 and 7 days. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/13/23) (yv)
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Request |
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| 128 |
Filed: 2/9/2023, Entered: 2/9/2023 |
Proposed Pretrial Order |
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PROPOSED PRE-TRIAL ORDER. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 127 |
Filed: 2/7/2023, Entered: 2/7/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT: on re: [126] Letter. ENDORSEMENT: The redacted portions of the plaintiffs opposition brief and plaintiffs response to the defendant's Rule 56.1 statement are information drawn from the defendant's deposition transcript,which already has been unsealed pursuant to this Court's order on January 18, 2023 (Dkt 121). The designated portions of plaintiffs opposition filings accordingly no longer need to be sealed. The Clerk shall unseal the designated portions of plaintiffs opposition brief (Dkt 113) and plaintiffs response to defendant's Rule 56.1 statement (Dkt 115). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/07/2023) (ama)
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Request |
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| 126 |
Filed: 2/2/2023, Entered: 2/2/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Cory Gnazzo dated 1/31/23 re: request that the Clerk of Court file a public, unredacted version of ECF No. 112. (yv)
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Request |
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| 125 |
Filed: 1/24/2023, Entered: 1/24/2023 |
Reply Memorandum of Law in Oppisition to Motion |
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SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: [107] MOTION for Summary Judgment . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 124 |
Filed: 1/20/2023, Entered: 1/20/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [123] Letter Summary Judgment Reply Brief filed by E. Jean Carroll. ENDORSEMENT: Sur-reply due by 1/24/23. No argument. SO ORDERED., ( Surreplies due by 1/24/2023.) (Signed by Judge Lewis A. Kaplan on 1/20/23) (yv)
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Request |
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| 123 |
Filed: 1/20/2023, Entered: 1/20/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated January 20, 2023 re: Summary Judgment Reply Brief. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 122 |
Filed: 1/19/2023, Entered: 1/19/2023 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [107] MOTION for Summary Judgment . . Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 121 |
Filed: 1/18/2023, Entered: 1/18/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT: on re: [120] Letter filed by Donald J. Trump. ENDORSEMENT: The Clerk Shall unseal the requested portions of defendant's deposition transcript attach by ECF #117. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/18/2023) (ama)
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Request |
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| 120 |
Filed: 1/17/2023, Entered: 1/17/2023 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Michael Madaio dated 1/17/2023 re: withdrawing request to seal documents. Document filed by Donald J. Trump..(Madaio, Michael)
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Request |
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| 119 |
Filed: 1/13/2023, Entered: 1/13/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT Granting the 1/12/2023 letter from Roberta A. Kaplan to Hon. Lewis A. Kaplan requesting provisional approval to file certain materials under seal. (Signed by Judge Lewis A. Kaplan on 1/13/2023) (Mohan, Andrew)
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Request |
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| 118 |
Filed: 1/13/2023, Entered: 1/13/2023 |
Order on Motion to appear pro hac vice |
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ORDER granting [110] Motion for Trevor W. Morrison to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 1/13/2023) (Mohan, Andrew)
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Request |
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| 117 |
Filed: 1/12/2023, Entered: 1/12/2023 |
Declaration in Opposition to Motion |
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***SELECTED PARTIES***DECLARATION of Roberta A. Kaplan in Opposition re: [107] MOTION for Summary Judgment .. Document filed by E. Jean Carroll, Donald J. Trump. (Attachments: # (1) Exhibit 1 - Excerpts of Deposition of E. Jean Carroll, # (2) Exhibit 2 - New York Magazine Article (Online Version), # (3) Exhibit 3 - June 21, 2019 Statement, # (4) Exhibit 4 - June 22, 2019 Statement, # (5) Exhibit 5 - June 24, 2019 Statement, # (6) Exhibit 6 - Excerpts of Deposition of Donald J. Trump, # (7) Exhibit 7 - Photograph of E. Jean Carroll and Donald Trump, # (8) Exhibit 8 - Excerpts of Deposition of Lisa Birnbach, # (9) Exhibit 9 - Excerpts of Deposition of Carol Martin, # (10) Exhibit 10 - New York Magazine Article (Print Version), # (11) Exhibit 11 - Defendant's Responses and Objections to Plaintiff's First Set of Requests for Admission, # (12) Exhibit 12 - Excerpts of Deposition of Roberta Myers, # (13) Exhibit 13 - Appendix H to Expert Report of Ashlee Humphreys, # (14) Exhibit 14 - Appendix I to Expert Report of Ashlee Humphreys)Motion or Order to File Under Seal: [111].(Kaplan, Roberta)
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Request |
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| 116 |
Filed: 1/12/2023, Entered: 1/12/2023 |
Declaration in Opposition to Motion |
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DECLARATION of Roberta A. Kaplan in Opposition re: [107] MOTION for Summary Judgment .. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit 1 - Excerpts of Deposition of E. Jean Carroll, # (2) Exhibit 2 - New York Magazine Article (Online Version), # (3) Exhibit 3 - June 21, 2019 Statement, # (4) Exhibit 4 - June 22, 2019 Statement, # (5) Exhibit 5 - June 24, 2019 Statement, # (6) Exhibit 6 - Excerpts of Deposition of Donald J. Trump, # (7) Exhibit 7 - Photograph of E. Jean Carroll and Donald Trump, # (8) Exhibit 8 - Excerpts of Deposition of Lisa Birnbach, # (9) Exhibit 9 - Excerpts of Deposition of Carol Martin, # (10) Exhibit 10 - New York Magazine Article (Print Version), # (11) Exhibit 11 - Defendant's Responses and Objections to Plaintiff's First Set of Requests for Admission, # (12) Exhibit 12 - Excerpts of Deposition of Roberta Myers, # (13) Exhibit 13 - Appendix H to Expert Report of Ashlee Humphreys, # (14) Exhibit 14 - Appendix I to Expert Report of Ashlee Humphreys).(Kaplan, Roberta)
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Request |
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| 115 |
Filed: 1/12/2023, Entered: 1/12/2023 |
Rule 56.1 Statement |
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***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by E. Jean Carroll, Donald J. Trump. Motion or Order to File Under Seal: [111].(Kaplan, Roberta)
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Request |
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| 114 |
Filed: 1/12/2023, Entered: 1/12/2023 |
Rule 56.1 Statement |
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RULE 56.1 STATEMENT. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 113 |
Filed: 1/12/2023, Entered: 1/12/2023 |
Memorandum of Law in Opposition to Motion |
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***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: [107] MOTION for Summary Judgment . . Document filed by E. Jean Carroll, Donald J. Trump. Motion or Order to File Under Seal: [111].(Kaplan, Roberta)
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Request |
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| 112 |
Filed: 1/12/2023, Entered: 1/12/2023 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [107] MOTION for Summary Judgment . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 111 |
Filed: 1/12/2023, Entered: 1/12/2023, Terminated: 10/12/2023 |
Motion to Seal |
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LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 12, 2023. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [110] MOTION for Trevor W. Morrison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27180100. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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| 110 |
Filed: 1/9/2023, Entered: 1/9/2023, Terminated: 1/13/2023 |
Motion to Appear Pro Hac Vice |
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MOTION for Trevor W. Morrison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27180100. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by E. Jean Carroll. (Attachments: # (1) Affidavit of Trevor W. Morrison, # (2) Exhibit - Certificate of Good Standing, # (3) Text of Proposed Order for Admission Pro Hac Vice).(Morrison, Trevor)
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Request |
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| 109 |
Filed: 12/22/2022, Entered: 12/22/2022 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [107] MOTION for Summary Judgment . . Document filed by Donald J. Trump. (Attachments: # (1) Supplement Statement of Material Facts).(Habba, Alina)
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Request |
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| 108 |
Filed: 12/22/2022, Entered: 12/22/2022 |
Declaration in Support of Motion |
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DECLARATION of Alina Habba in Support re: [107] MOTION for Summary Judgment .. Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 107 |
Filed: 12/22/2022, Entered: 12/22/2022, Terminated: 6/29/2023 |
Motion for Summary Judgment |
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MOTION for Summary Judgment . Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 106 |
Filed: 12/20/2022, Entered: 12/20/2022 |
protective order |
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PROTECTIVE AND CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/20/2022) (vfr)
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Request |
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| 105 |
Filed: 12/5/2022, Entered: 12/5/2022 |
Order |
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ORDER. If she has not already done so, counsel of record for the defendant in this case shall transmit to the defendant and to any counsel who may have been engaged to represent defendant in Carroll v. Trump, 22-cv-10016 (LAK) ( "Carroll II"), for delivery no later than December 6, 2022, a copy of this Court's order, dated December 2, 2022, in Carroll II Counsel is directed to do so as an officer of the Court. The Court does not imply that she has been or will be engaged to represent the defendant in Carroll II SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/5/22) (yv)
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Request |
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| 104 |
Filed: 12/2/2022, Entered: 12/2/2022 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/22/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Request |
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| 103 |
Filed: 12/2/2022, Entered: 12/2/2022 |
transcript |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 11/22/2022 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/23/2022. Redacted Transcript Deadline set for 1/3/2023. Release of Transcript Restriction set for 3/2/2023..(McGuirk, Kelly)
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Request |
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| 102 |
Filed: 11/30/2022, Entered: 11/30/2022 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [101] Letter modified schedule filed by Donald J. Trump. ENDORSEMENT: Counsel's understanding is incorrect. As the November 29, 2022 order (Dkt 100) makes quite clear, the scheduling and supplemental scheduling orders remain in effect except to the extent that (I) the trial date has been adjourned until April 10, 2023 and (2) the Court adopted the proposed schedule for in limine motions and exchange of premarked exhibits. It did not adopt the proposal to delay the briefing and filing of any summary judgment motions and the filing of a joint pretrial order for more than two months, which would threaten to delay even the April 10 trial date, should a trial prove necessary. In the circumstances, the Court treats defendant's letter (Dkt 101) as an application for an extension of time for the filing of any summary judgment motions and the joint pretrial order and grants it to the extent that (1) any summary judgment motions shall be filed on or before December 22, 2022, (2) any papers in opposition to any summary judgment motions shall be filed on or before January 12, 2023, (3) any reply papers shall be filed on or before January 19, 2023, and (4) the joint pretrial order shall be filed on or before February 9, 2023. The application is otherwise denied. SO ORDERED., ( Motions due by 12/22/2022., Pretrial Order due by 2/9/2023., Responses due by 1/12/2023, Replies due by 1/19/2023.) (Signed by Judge Lewis A. Kaplan on 11/30/22) (yv) Modified on 12/28/2022 (yv).
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Request |
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| 101 |
Filed: 11/29/2022, Entered: 11/29/2022 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated 11/29/2022 re: modified schedule. Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 100 |
Filed: 11/29/2022, Entered: 11/29/2022 |
Order on Motion for conference |
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ORDER re: Plaintiffs consent letter motion (Dkt 97), as supplemented (Dkt 98), is granted to the extent that (1) the trial of this action is postponed until April 10, 2023, and (2) the Court adopts, for this action only, the proposed schedule for in limine motions and exchange of premarked exhibits. Except as modified by the preceding sentence, the scheduling and supplemental scheduling orders (Dkt 76, Dkt 77) remain in effect. Insofar as plaintiffs motion, as supplemented, relates to the subsequently filed action Carroll v Trump, 22-cv-10016 (LAK), the Court does not now make any rulings. (Signed by Judge Lewis A. Kaplan on 11/29/2022) (Mohan, Andrew)
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Request |
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| |
Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan via video-conference: Status Conference held on 11/22/2022. Public dial-in by AT&T conference line was active. (Court Reporter Pam Utter) (Mohan, Andrew)
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| 99 |
Filed: 11/21/2022, Entered: 11/21/2022 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated 11/21/2022 Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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Filed: None, Entered: None |
set/reset hearings |
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Set/Reset Hearings: Status video-conference set for 11/22/2022 at 03:00 PM to be held by video-conference with audio access for public and press to listen to the proceeding held before Judge Lewis A. Kaplan. Counsel will appear by video. Listeners may dial-in for audio at 1-888-363-4749 and enter conference ID 7664205# Recording or re-broadcasting of the hearing is prohibited by Court rules. (Mohan, Andrew) Modified on 11/20/2022 (Mohan, Andrew).
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| 98 |
Filed: 11/17/2022, Entered: 11/17/2022 |
Letter |
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SUPPLEMENTAL LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated November 17, 2022 re: November 11, 2022 LETTER MOTION for Scheduling Conference [97]. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - Correspondence Between Counsel, # (2) Exhibit B - Color-Coded Complaint in Second Action, # (3) Exhibit C - Complaint in Second Action).(Kaplan, Roberta)
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Request |
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| 97 |
Filed: 11/10/2022, Entered: 11/10/2022, Terminated: 11/29/2022 |
Motion for Conference |
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CONSENT LETTER MOTION for Conference addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated November 10, 2022. Document filed by E. Jean Carroll. (Attachments: # (1) Exhibit A - D.C. Court of Appeals Order).(Kaplan, Roberta)
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Request |
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 96 |
Filed: 10/12/2022, Entered: 10/12/2022 |
Memorandum and Opinion |
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MEMORANDUM OPINION: re: [92] LETTER MOTION to Stay. addressed to Judge Lewis A. Kaplan from Alina Habba dated 9/28/2022. filed by Donald J. Trump. The defendant's letter motion [Dkt. 92] is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/12/2022) (ama)
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Filed: None, Entered: None |
Pretrial Conference - Interim |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Interim Pretrial Conference held via video-conference on 10/7/2022. AT&T Line was active for public and press to listen. (Court Reporter Lisa Franko) (Mohan, Andrew)
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Filed: None, Entered: None |
Telephone Conference |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Video-Conference held on 10/6/2022. (Court Reporter Andrew Walker) (Mohan, Andrew)
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| 95 |
Filed: 10/4/2022, Entered: 10/4/2022, Terminated: 10/4/2022 |
Motion for Conference |
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LETTER MOTION for Conference re: [92] LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Alina Habba dated 9/28/2022. addressed to Judge Lewis A. Kaplan from Alina Habba, Esq. dated 10/4/22. Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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Filed: None, Entered: None |
set/reset hearings |
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Set Hearings: Status Conference via-video conference is set for 10/7/2022 at 03:45 PM before Judge Lewis A. Kaplan. Counsel have been sent video-conference invites by email. Public and press may listen in via audio-only by dialing 1-888-363-4749 and entering access code 7664205# Participants and listeners are reminded that recording or re-broadcasting of the conference in whole or in part is prohibited by Court rules. (Mohan, Andrew)
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| 94 |
Filed: 10/3/2022, Entered: 10/3/2022 |
Reply to Response to motion |
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LETTER REPLY to Response to Motion addressed to Judge Lewis A. Kaplan from Alina Habba dated 10/3/2022 re: [92] LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Alina Habba dated 9/28/2022. . Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 93 |
Filed: 9/30/2022, Entered: 9/30/2022 |
response in opposition to motion |
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LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated September 30, 2022 re: [92] LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Alina Habba dated 9/28/2022. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 92 |
Filed: 9/28/2022, Entered: 9/28/2022, Terminated: 10/12/2022 |
Motion To Stay |
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LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Alina Habba dated 9/28/2022. Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 91 |
Filed: 9/27/2022, Entered: 9/27/2022, Terminated: 4/21/2023 |
USCA order |
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USCA OPINION (Certified) as to [46] Notice of Interlocutory Appeal, filed by Donald J. Trump, [45] Notice of Interlocutory Appeal filed by United States of America. USCA Case Number 20-3977-cv (L), 20-3978-cv (Con). Defendant-Appellant Donald J. Trump and Movant-Appellant the United States of America appeal from a judgment of the United States District Court for the Southern District of New York (Kaplan, J.) denying their motion to substitute the United States in this action pursuant to the Westfall Act of 1988. On appeal, appellants argue that substitution is warranted because the President of the United States is a covered government employee under the Westfall Act, and because Trump had acted within the scope of his employment when he made the allegedly defamatory statements denying Plaintiff-Appellee E.Jean Carroll's 2019 sexual1 assault allegations. We REVERSE the District Court's holding that the President of the United States is not an employee of the government under the Westfall Act. And we VACATE the District Court's judgment that Trump did not act within the scope of his employment, and CERTIFY that question to the D.C. Court of Appeals. Judge Calabresi concurs in a separate opinion, and Judge Chin dissents in a separate opinion.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 9/27/2022. (Attachments: # (1) Concurring by Judge CALABRESI, # (2) Dissenting by Judge Chin).(nd)
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Request |
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Filed: None, Entered: None |
Transmission of USCA Mandate/Order to District Judge |
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Transmission of USCA Mandate to the District Judge re: [91] USCA Order,,,,,..(nd)
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| 90 |
Filed: 9/20/2022, Entered: 9/20/2022 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated 8/11/22 re: response to the letter submitted by the plaintiff, E. Jean Carroll ("Plaintiff"), on August 8, 2022. Document filed by Donald J. Trump.(yv)
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Request |
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| 89 |
Filed: 9/20/2022, Entered: 9/20/2022 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated 8/8/22 re: providing the Court a brief update on discovery; and (2) informing the Court of a case that Plaintiff plans to file against Defendant pursuant to New York's Adult Survivors Act as soon as that statute authorizes us to do so on November 24, 2022. Document filed by E. Jean Carroll.(yv)
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Request |
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| 88 |
Filed: 8/24/2022, Entered: 8/24/2022 |
Stipulation and Order |
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STIPULATION AND ORDER. IT IS ACCORDINGLY STIPULATED AND AGREED that the parties' deadline for making their expert disclosures under Rule 26(a)(2) is extended until October 14, 2022. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/24/22) (yv) Modified on 9/13/2022 (yv).
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Request |
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| 87 |
Filed: 8/23/2022, Entered: 8/23/2022 |
Proposed Stipulation and Order |
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PROPOSED STIPULATION AND ORDER. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 86 |
Filed: 8/17/2022, Entered: 8/17/2022 |
Order on motion for discovery |
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ORDER terminating [82] Letter Motion for Discovery (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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| 85 |
Filed: 8/17/2022, Entered: 8/17/2022 |
Order on Motion for conference |
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ORDER denying [78] Letter Motion for Conference re: [78] LETTER MOTION for Conference addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated July 20, 2022. (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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| 84 |
Filed: 8/11/2022, Entered: 8/11/2022 |
protective order |
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PROTECTIVE AND CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/11/22) (yv)
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Request |
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| 83 |
Filed: 8/3/2022, Entered: 8/3/2022 |
Order |
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ORDER: Counsel are advised as follows: 1. Shawn G. Crowley, Esq., who filed a notice of appearance in the first captioned case on July 26, 2022, is a former law clerk to the undersigned. The undersigned co-officiated (with another judge) at the marriage of Ms. Crowley approximately seven years ago. 2. Assistant United States Attorney Jeffrey W. Coyle, who appears for the United States in the second captioned case, which was assigned to the undersigned on August 2, 2022, is a former law clerk to the undersigned. (Signed by Judge Lewis A. Kaplan on 8/3/2022) (rro)
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Request |
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| 82 |
Filed: 8/1/2022, Entered: 8/1/2022, Terminated: 8/17/2022 |
motion for discovery |
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LETTER MOTION for Discovery / Discovery Dispute addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated August 1, 2022. Document filed by E. Jean Carroll. (Attachments: # (1) Text of Proposed Order [Proposed] Protective and Confidentiality Order).(Kaplan, Roberta)
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Request |
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| 81 |
Filed: 7/26/2022, Entered: 7/26/2022 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Matthew J. Craig on behalf of E. Jean Carroll..(Craig, Matthew)
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Request |
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| 80 |
Filed: 7/26/2022, Entered: 7/26/2022 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Shawn Geovjian Crowley on behalf of E. Jean Carroll..(Crowley, Shawn)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 79 |
Filed: 7/21/2022, Entered: 7/21/2022 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated July 21, 2022 re: Supplemental Scheduling Order (ECF 77) and Plaintiff's Letter Motion (ECF 78). Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 78 |
Filed: 7/20/2022, Entered: 7/20/2022, Terminated: 8/17/2022 |
Motion for Conference |
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LETTER MOTION for Conference addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated July 20, 2022. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 77 |
Filed: 7/19/2022, Entered: 7/19/2022 |
Scheduling Order |
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SUPPLEMENTAL SCHEDULING ORDER:The existing scheduling order (Dkt 76) is supplemented as follows: 1. All discovery shall be completed on or before November 16, 2022. 2. Any summary judgment motions and a joint pretrial order in the form attached as Annex A to the individual practices of the undersigned (which are posted on the Court's web site) shall be filed on or before December 1, 2022. 3. Absent prior disposition of the case by motion or otherwise, the trial will commence on February 6, 2023 at 9:30 a.m. 4. The parties shall exchange premarked trial exhibits no later than December 8, 2022. 5. Any motions in limine and oppositions thereto shall be filed no later than December 8 and December 15, 2022, respectively. SO ORDERED. Motions due by 12/8/2022. Responses due by 12/15/2022 Discovery due by 11/16/2022. Pretrial Order due by 12/1/2022. Ready for Trial by 2/6/2023. (Signed by Judge Lewis A. Kaplan on 7/19/2022) (tg)
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Request |
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| 76 |
Filed: 5/5/2022, Entered: 5/5/2022 |
Scheduling Order |
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SCHEDULING ORDER: It is hereby ORDERED as follows: 1. The parties shall serve any and all written discovery requests on each other on or before May 27, 2022. 2. The parties shall substantially complete their productions of written discovery and requests for inspection or examination on or before August 3, 2022. 3. Depositions to take place between August 3, 2022, to October 19, 2022. 4. The parties shall make any and all expert disclosures under Rule 26(a)(2) on or before September 16, 2022. 5. The parties shall substantially complete any and all fact discovery on or before October 19, 2022. 6. The parties shall complete any and all expert discovery on or before November 16, 2022. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/4/2022) Deposition due by 10/19/2022. Fact Discovery due by 10/19/2022. Expert Discovery due by 11/16/2022. Discovery due by 5/27/2022. (ks)
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Request |
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| 75 |
Filed: 5/5/2022, Entered: 5/5/2022 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated May 5, 2022 re: Agreed discovery schedule. Document filed by E. Jean Carroll. (Attachments: # (1) Text of Proposed Order / [Proposed] Scheduling Order).(Kaplan, Roberta)
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Request |
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| 74 |
Filed: 3/11/2022, Entered: 3/11/2022 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated 3/10/22 re: notify the Court of the attached decision issued by a unanimous panel of the Appellate Division, First Department this afternoon. ENDORSEMENT: The Appellate Division of the New York Supreme Court yesterday held the 2020 amendment to N.Y. Civ. Rts. L. § 76-a has only prospective effect. Gottwald v. Sebert, _ A.D. 3d _, Index No. 653118/2014 (1st Dep't filed Mar. 10, 2021). Its logic applies equally to the all of the 2020 amendments to the anti-SLAPP law. In the absence of compelling reasons to believe that the New York Court of Appeals would reach a different result, this Court is obliged under Erie to follow it. E.g., Hicks on Behalf of Feiockv. Feiock, 485 U.S. 624, 629-30 & n.3 (1988) (quoting West v. Am. Tel. & Tel. Co., 311 U.S. 223, 237 (1940)); AEI Life LLC v. Lincoln Benfit Life Co., 892 F.3d 126, 138-39 & n.15 (2d Cir. 2018) (quoting Pahuta v. Massey-Ferguson, Inc., 170 F.3d 125, 134 (2d Cir. 1999); Pentech Int'l, Inc. v. Wall Street Clearing Co., 983 F.2d 441, 445 (2d Cir.1993); Deeper Life Christian Fellowship, Inc. v. Sobol, 948 F.2d 79, 84 (2d Cir.1991). Nevertheless, contrary to plaintiff's suggestion, this does not moot the issues addressed in the opinion dated March 10, 2021 (Dkt. 73), as N.Y. Civ. Rts. L. § 70-a applies not only to the commencement of a covered action, but also to its continuation. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/11/22) (yv)
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Request |
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| 73 |
Filed: 3/11/2022, Entered: 3/11/2022 |
Memorandum and Opinion |
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MEMORANDUM OPINION re: [63] MOTION to Amend/Correct Defendant's Answer. filed by Donald J. Trump. Defendant's motion, in his personal capacity, for leave to amend (Dkt. 63) is denied on the ground that the proposed amendment would be futile. In the alternative, it is denied in the exercise of discretion on the grounds that the defendant delayed unduly in seeking leave to amend, that the motion for leave is made at least in part for a dilatory purpose and thus at least in part in bad faith, and that granting the motion would prejudice the plaintiff unduly. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/10/22) (yv)
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| 72 |
Filed: 2/24/2022, Entered: 2/24/2022 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Request |
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| 71 |
Filed: 2/24/2022, Entered: 2/24/2022 |
transcript |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2022 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2022. Redacted Transcript Deadline set for 3/28/2022. Release of Transcript Restriction set for 5/25/2022..(Moya, Goretti)
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Request |
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| 70 |
Filed: 2/24/2022, Entered: 2/24/2022 |
Letter |
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JOINT LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated February 24, 2022 re: response to the Court's request concerning previous stays. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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Filed: None, Entered: None |
Oral Argument |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan in courtroom 21B: Oral Argument held on 2/22/2022 re: [63] MOTION to Amend/Correct Defendant's Answer. filed by Donald J. Trump. Public dial-in line was active. Court's decision reserved. (Court Reporter Rebecca Forman) (Mohan, Andrew)
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| 69 |
Filed: 2/14/2022, Entered: 2/14/2022 |
Memo Endorsement |
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MEMO ENDORSEMENT On the 2/14/2022 letter of Ms. Alina Habba requesting an adjournment of the 2/17/2022 oral argument date. Adjourned until 2/22/22 at 4:00 PM. (Signed by Judge Lewis A. Kaplan on 2/14/2022) (Mohan, Andrew)
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Request |
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| 68 |
Filed: 2/14/2022, Entered: 2/14/2022 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Alina Habba, Esq. dated 2/14/2022 re: rescheduling oral arguments on Defendant's Motion to amend the answer. Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 67 |
Filed: 2/11/2022, Entered: 2/11/2022 |
Order |
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ORDER, The Court will hear argument on defendant's motion for leave to file an amended answer on February 17, 2022 at 4:00 p.m. SO ORDERED. ( Oral Argument set for 2/17/2022 at 04:00 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 2/11/22) (yv)
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Request |
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Filed: None, Entered: None |
set/reset hearings |
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Dial in re Oral Argument set for 2/22/2022 at 04:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. Public seating in the gallery of courtroom 21B will be limited due to Covid-19 social distancing requirements. However, the public and press may dial in to listen to the oral argument as scheduled at 1-888-363-4749 and entering conference code 7664205#. Please be aware that Court rules prohibit listeners from recording or rebroadcasting the hearing in whole or in part. (Mohan, Andrew) Modified on 2/14/2022 (Mohan, Andrew).
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| 66 |
Filed: 1/28/2022, Entered: 1/28/2022 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [63] MOTION to Amend/Correct Defendant's Answer. . Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 65 |
Filed: 1/11/2022, Entered: 1/11/2022 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [63] MOTION to Amend/Correct Defendant's Answer. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 64 |
Filed: 1/11/2022, Entered: 1/11/2022 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: [63] MOTION to Amend/Correct Defendant's Answer. . Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 63 |
Filed: 1/11/2022, Entered: 1/11/2022, Terminated: 3/11/2022 |
Motion to Amend/Correct |
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MOTION to Amend/Correct Defendant's Answer. Document filed by Donald J. Trump. (Attachments: # (1) Affirmation of Alina Habba, Esq. with Exhibits, # (2) Text of Proposed Order).(Habba, Alina)
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Request |
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| 62 |
Filed: 12/22/2021, Entered: 12/22/2021 |
Reply Memorandum of Law in Support of Motion |
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FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: [59] MOTION to Amend/Correct Notice of Defendant's Motion for Leave to Amend his Answer. . Document filed by Donald J. Trump..(Habba, Alina) Modified on 1/10/2022 (kj).
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Request |
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Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Deficient Docket Entry Error |
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alina Habba to RE-FILE Document [62] Reply Memorandum of Law in Support of Motion,. ERROR(S): Supporting and or Opposing/Response Document(s) linked to a deficient entry.. (kj)
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| 61 |
Filed: 12/15/2021, Entered: 12/15/2021 |
Memorandum of Law in Opposition to Motion |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: [59] MOTION to Amend/Correct Notice of Defendant's Motion for Leave to Amend his Answer. . Document filed by E. Jean Carroll..(Kaplan, Roberta) Modified on 1/10/2022 (kj).
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Request |
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Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Deficient Docket Entry Error |
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Roberta Kaplan to RE-FILE Document [61] Memorandum of Law in Opposition to Motion,. ERROR(S): Supporting and or Opposing/Response Document(s) linked to a deficient entry.. (kj)
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| 60 |
Filed: 12/6/2021, Entered: 12/6/2021 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Joshua Adam Matz on behalf of E. Jean Carroll..(Matz, Joshua)
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Request |
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| 59 |
Filed: 12/1/2021, Entered: 12/1/2021, Terminated: 12/1/2021 |
Motion to Amend/Correct |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct Notice of Defendant's Motion for Leave to Amend his Answer. Document filed by Donald J. Trump. (Attachments: # (1) Affirmation of Alina Habba, Esq. with Exhibits, # (2) Memorandum of Law, # (3) Proposed Order).(Habba, Alina) Modified on 1/10/2022 (kj).
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Request |
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Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Deficient Docket Entry Error |
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alina Habba to RE-FILE Document [59] MOTION to Amend/Correct Notice of Defendant's Motion for Leave to Amend his Answer.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Proposed Order(s) and/or Certificate of Service(s) can be filed with the Motion.. (kj)
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| 58 |
Filed: 11/22/2021, Entered: 11/22/2021 |
Consent Order |
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CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY, The substitution of attorney is hereby approved and SO ORDERED. (Attorney Alina Habba for Donald J. Trump added. Attorney Christine A. Montenegro; Paul J. Burgo and Marc E. Kasowitz terminated.) (Signed by Judge Lewis A. Kaplan on 11/22/21) (yv)
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Request |
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| 57 |
Filed: 11/22/2021, Entered: 11/22/2021 |
Proposed Order for Substitution of Attorney |
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PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Donald J. Trump..(Habba, Alina)
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Request |
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| 56 |
Filed: 9/15/2021, Entered: 9/15/2021 |
Order on Motion to stay |
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ORDER denying without prejudice [47] Letter Motion to Stay re: [47] LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Marc E. Kasowitz dated December 10, 2020. (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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| 55 |
Filed: 1/18/2021, Entered: 1/18/2021 |
Order on Motion to withdraw as attorney |
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ORDER granting [53] Motion to Withdraw as Attorney.. (Signed by Judge Lewis A. Kaplan on 1/18/2021) (Kaplan, Lewis)
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| 54 |
Filed: 1/18/2021, Entered: 1/18/2021 |
Order on Motion to withdraw as attorney |
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ORDER granting [52] Motion to Withdraw as Attorney. Attorney Joshua Adam Matz terminated (Kaplan, Lewis)
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| 53 |
Filed: 1/18/2021, Entered: 1/18/2021, Terminated: 1/18/2021 |
Motion to withdraw as attorney |
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MOTION for William Kerwin Lane III to Withdraw as Attorney . Document filed by United States of America..(Lane, William)
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Request |
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| 52 |
Filed: 1/15/2021, Entered: 1/15/2021, Terminated: 1/18/2021 |
Motion to withdraw as attorney |
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MOTION for Joshua Matz to Withdraw as Attorney . Document filed by E. Jean Carroll. (Attachments: # (1) Declaration of J. Matz in Support).(Matz, Joshua)
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Request |
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| 51 |
Filed: 12/21/2020, Entered: 12/21/2020 |
Reply to Response to motion |
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LETTER REPLY to Response to Motion addressed to Judge Lewis A. Kaplan from Marc E. Kasowitz dated December 21, 2020 re: [47] LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Marc E. Kasowitz dated December 10, 2020. . Document filed by Donald J. Trump. (Attachments: # (1) Exhibit 1 - Mar. 9, 2007 LEXIS Decision, In re World Trade Ctr. Disaster Site Litig. (2d Cir.)).(Kasowitz, Marc)
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Request |
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| 50 |
Filed: 12/17/2020, Entered: 12/17/2020 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [47] LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Marc E. Kasowitz dated December 10, 2020. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 49 |
Filed: 12/14/2020, Entered: 12/14/2020 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/11/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Request |
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| 48 |
Filed: 12/14/2020, Entered: 12/14/2020 |
transcript |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 12/11/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021..(McGuirk, Kelly)
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Request |
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| |
Filed: None, Entered: None |
Telephone Conference |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference held on 12/11/2020. Plaintiff's opposition to defendants motion to stay is due 12/17/2020 and Defendant's reply is due 12/21/2020. (Court Reporter Andrew Walker) (Mohan, Andrew)
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| 47 |
Filed: 12/10/2020, Entered: 12/10/2020, Terminated: 9/15/2021 |
Motion To Stay |
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LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Marc E. Kasowitz dated December 10, 2020. Document filed by Donald J. Trump..(Kasowitz, Marc)
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Request |
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| |
Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [46] Notice of Interlocutory Appeal, filed by Donald J. Trump were transmitted to the U.S. Court of Appeals..(nd)
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Filed: None, Entered: None |
transmission of notice of appeal and docket sheet to USCA |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [46] Notice of Interlocutory Appeal..(nd)
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| |
Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [45] Notice of Interlocutory Appeal filed by United States of America were transmitted to the U.S. Court of Appeals..(nd)
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| |
Filed: None, Entered: None |
transmission of notice of appeal and docket sheet to USCA |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [45] Notice of Interlocutory Appeal..(nd)
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| 46 |
Filed: 11/25/2020, Entered: 11/25/2020, Terminated: 4/21/2023 |
Notice of Interlocutory Appeal |
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NOTICE OF INTERLOCUTORY APPEAL from [32] Order on Motion to Substitute Party,,. Document filed by Donald J. Trump. Filing fee $ 505.00, receipt number ANYSDC-22753482. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # (1) Exhibit A - Order Denying Motion to Substitute).(Kasowitz, Marc)
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Request |
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| 45 |
Filed: 11/25/2020, Entered: 11/25/2020, Terminated: 4/21/2023 |
Notice of Interlocutory Appeal |
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NOTICE OF INTERLOCUTORY APPEAL from [32] Order on Motion to Substitute Party,,. Document filed by United States of America. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Terrell, Stephen)
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Request |
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| 44 |
Filed: 11/20/2020, Entered: 11/20/2020 |
Order |
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ORDER: This action was commenced against Donald J. Trump in his individual (not his official) capacity in New York State court. By substitution for the original private counsel for Mr. Trump, Mark E. Kasowitz, Christine A. Montenegro, and Paul J. Burgo of the firm of Kasowitz Benson Torres LLP appeared on defendant's behalf on July 24, 2020. Dkt. 14-108. On September 8, 2020, the United States of America - represented by Stephen Terrell and other attorneys at the Department of Justice (the "DOJ") - removed the action to this Court and later moved to substitute the United States as defendant in place of Mr. Trump. Dkt. 1. On October 27, 2020, I denied that motion. Dkt. 33. Section 1450 of the Judicial Code, 28 U.S.C. § 1450, provides in relevant part that "[a]ll injunctions, orders, and other proceedings had in such action [i.e., any removed action] prior to its removal shall remain in full force and effect until dissolved or modified by the district court." Accordingly, by virtue of their appearance on behalf of Mr. Trump in the state court, Messrs. Kasowitz and Burgo and Ms. Montenegro represent Mr. Trump in this removed action unless and until relieved by this Court. Nevertheless, the docket sheet erroneously lists Mr. Terrell and another attorney as counsel for defendant Trump. That is incorrect. They represent only the United States. The Clerk shall correct the docket sheet to reflect that (1) Messrs. Terrell and his colleagues at the DOJ represent only the United States of America and (2) Messrs. Kasowitz and Burgo and Ms. Montenegro represent Mr. Trump. The Clerk shall mail copies of this order, all others entered by this Court subsequent to removal, and the Court's opinion to counsel for Mr. Trump. Attorney Marc E. Kasowitz, Christine A. Montenegro, Paul J. Burgo for Donald J. Trump added. United States of America added. (Signed by Judge Lewis A. Kaplan on 11/18/2020) (tro) Transmission to Docket Assistant Clerk for processing.
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Request |
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| |
Filed: None, Entered: None |
Mail Order by USPS |
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Mailed a copy of [36] Order on Motion to Intervene, [27] Order on Motion to Continue, [20] Order, [38] Order on Application for the Court to Request Counsel, [26] Order on Motion to Continue, [41] Scheduling Order, Set Hearings, [32] Order on Motion to Substitute Party, [13] Order, [11] Memo Endorsement, Set Deadlines, [42] Order for Initial Pretrial Conference, [19] Order on Motion for Leave to File Excess Pages, [9] Order on Motion for Conference, [44] Order, Add and Terminate Attorneys, Add and Terminate Parties, [24] Order on Motion for Leave to File Document, [18] Order on Motion to Substitute Party, to Christine A. Montenegro, Marc E. Kasowitz, Paul J. Burgo at Kasowitz, Benson, Torres LLP (NYC), 1633 Broadway, New York, NY 10019 Via UPS Tracking Number: 1Z E22 E53 37 1005 148 0.(dsh)
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| 43 |
Filed: 11/16/2020, Entered: 11/16/2020 |
Certificate of Service Other |
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CERTIFICATE OF SERVICE of the Court's Order dated November 11, 2020 (Doc. No. 41) served on Donald J. Trump, in his personal capacity on November 13, 2020 and November 14, 2020. Document filed by E. Jean Carroll..(Matz, Joshua)
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Request |
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| 42 |
Filed: 11/11/2020, Entered: 11/12/2020 |
Order for Initial Pretrial Conference |
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ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows: Counsel receiving this order shall promptly mail copies hereof to all other counsel of record or, in the case of parties for which no appearance has been made, to such parties. Counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six (6) months from the date of this order, counsel shall sign and file within twenty-one (21) days from the date hereof a consent order in the form annexed for consideration by the Court. If such a consent order is not filed within the time provided, a teleconference will be held on 12/11/2020 at 9:30 AM. The teleconference can be reached by calling 888-363-4749 and using access code 7664205.( Initial Conference set for 12/11/2020 at 09:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 11/11/20) (yv)
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Request |
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| 41 |
Filed: 11/11/2020, Entered: 11/11/2020 |
Scheduling Order |
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Initial Conference Order: The initial conference by telephone is set for 12/11/2020 at 09:30 AM before Judge Lewis A. Kaplan. Counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six (6) months from the date of this order, counsel shall sign and file within twenty-one (21) days from the date hereof a consent order in the form annexed for consideration by the Court. If such a consent order is not filed within the time provided, a teleconference will be held on 12/11/2020 at 9:30 AM. The teleconference can be reached by calling 888-363-4749 and using access code 7664205. (Signed by Judge Lewis A. Kaplan on 11/11/2020) (Mohan, Andrew)
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Request |
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| 40 |
Filed: 11/9/2020, Entered: 11/9/2020 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/21/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Request |
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| 39 |
Filed: 11/9/2020, Entered: 11/9/2020 |
transcript |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 10/21/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/30/2020. Redacted Transcript Deadline set for 12/10/2020. Release of Transcript Restriction set for 2/8/2021..(McGuirk, Kelly)
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Request |
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| 38 |
Filed: 11/5/2020, Entered: 11/5/2020 |
Order on Application for the Court to Request Counsel |
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ORDER denying as moot [37] MOTION FOR COURT-APPOINTED COUNSEL. Denied as moot and on true merits. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/5/2020) (jca)
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Request |
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| 37 |
Filed: 10/28/2020, Entered: 10/28/2020, Terminated: 11/5/2020 |
Application for Court to Request Counsel |
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MOTION FOR COURT-APPOINTED COUNSEL.Document filed by intervenor-plaintiff applicant , Raj K. Patel.(sc) Modified on 10/28/2020 (sc).
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Request |
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| 36 |
Filed: 10/28/2020, Entered: 10/28/2020 |
Order on motion to intervene |
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MEMO ENDORSEMENT denying [33] Motion to Intervene. ENDORSEMENT: Denied. See Doe v. Trump, No. 19-9936 (LGS), Dkt. 272 (Mag 26, 2020). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/28/2020) (jca)
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| 35 |
Filed: 10/27/2020, Entered: 10/27/2020 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [33] MOTION to Intervene. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Request |
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| 34 |
Filed: 10/27/2020, Entered: 10/27/2020 |
Notice of Appearance |
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NOTICE OF PRO SE APPEARANCE. Document filed by Raj K. Patel, applicant to intervene in this action. (sc)
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Request |
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| 33 |
Filed: 10/27/2020, Entered: 10/27/2020, Terminated: 10/28/2020 |
Motion to Intervene |
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RAJ PATEL'S (PRO SE)MOTION FOR PERMISSIVE INTERVENTION. Document filed by Raj Patel.(sc)
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Request |
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| 32 |
Filed: 10/27/2020, Entered: 10/27/2020 |
Order on Motion to Substitute Party |
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Opinion and Order denying [3] Motion to Substitute Party. The President of the United States is not an employee of the Government within the meaning of the relevant statutes. Even if he were such an employee, President Trumps allegedly defamatory statements concerning Ms. Carroll would not have been within the scope of his employment. Accordingly, the motion to substitute the United States in place of President Trump [Dkt. 3] is denied.. (Signed by Judge Lewis A. Kaplan on 10/26/2020) (Mohan, Andrew)
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Request |
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| 31 |
Filed: 10/26/2020, Entered: 10/26/2020 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/17/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Request |
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| 29 |
Filed: 10/26/2020, Entered: 10/26/2020 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/21/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Request |
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| 28 |
Filed: 10/26/2020, Entered: 10/26/2020 |
transcript |
|
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/21/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2020. Redacted Transcript Deadline set for 11/27/2020. Release of Transcript Restriction set for 1/24/2021..(McGuirk, Kelly)
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Request |
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| |
Filed: None, Entered: None |
Notice Regarding Deleted Document |
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***DELETED DOCUMENT. Deleted document number [30] TRANSCRIPT. The document was incorrectly filed in this case as per email of 12/7/2020. (rro) Modified on 12/7/2020 (rro).
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| 27 |
Filed: 10/21/2020, Entered: 10/21/2020 |
Order on Motion to continue |
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CORRECTED ORDER denying [25] Letter Motion to Continue. Denied. The Court will hear the government's argument (a) in person if offered by an attorney who is permitted entry to the courthouse under existing rules and orders pertaining to COVID, or (b) by telephone from outside the courthouse if offered by any attorney not eligible to enter the courthouse. Alternatively, the Court will take the motion on submission without oral argument. The undersigned is not authorized to vary the existing restrictions on entry into the courthouse. It notes further that, contrary to the government's suggestion, it appears that Virginia was added to the list of Restricted States over a week ago. New York State, Governor Cuomo Announces Three States Added to Travel Advisory (Oct. 13, 2020), available at https://www.govenor.ny.gov/news/govenor-cuomo-announces-three-states-added-travel-advisory (last visited Oct. 21, 2020). The government shall advise the courtroom deputy as promptly as possible what it intends to do. So ordered. (Signed by Judge Lewis A. Kaplan on 10-21-2020) (Mohan, Andrew)
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Request |
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| 26 |
Filed: 10/21/2020, Entered: 10/21/2020 |
Order on Motion to continue |
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ORDER with respect to [25] Letter Motion to Continue. Denied. The Court will hear the government's argument (a) in person if offered by an attorney who is permitted entry to the courthouse under existing rules and orders pertaining to COVID, or (b) by telephone from outside the courthouse if offered by any attorney not eligible to enter the courthouse. Alternatively, the Court will take the motion on submission without oral argument. The undersigned is not authorized to vary the existing restrictions on entry into the courthouse. The government shall advice the Courtroom deputy as promptly as possible what it intends to do.. (Signed by Judge Lewis A. Kaplan on 10/21/2020) (Mohan, Andrew)
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Request |
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| 25 |
Filed: 10/21/2020, Entered: 10/21/2020, Terminated: 10/21/2020 |
Motion to Continue |
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LETTER MOTION to Continue Hearing addressed to Judge Lewis A. Kaplan from Stephen R. Terrell dated 10/21/2020. Document filed by Donald J. Trump..(Terrell, Stephen)
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Request |
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| |
Filed: None, Entered: None |
Motion Hearing |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Motion Hearing held on 10/21/2020 re: [3] MOTION to Substitute Party. Old Party: Donald J. Trump, New Party: United States of America . filed by Donald J. Trump. Argument on submission. (Court Reporter Andrew Walker) (Mohan, Andrew)
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| 24 |
Filed: 10/20/2020, Entered: 10/20/2020 |
Order on Motion for Leave to File Document |
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ORDER granting [15] Motion for Leave to File Document (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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| 23 |
Filed: 10/20/2020, Entered: 10/20/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by William Kerwin Lane, III on behalf of Donald J. Trump..(Lane, William)
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Request |
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| 22 |
Filed: 10/19/2020, Entered: 10/19/2020 |
Memorandum of Law in Opposition to Motion |
|
MEMORANDUM OF LAW in Opposition re: [15] MOTION for Leave to File Amicus Brief IN SUPPORT OF PLAINTIFFS OPPOSITION TO THE MOTION OF THE UNITED STATES TO SUBSTITUTE ITSELF AS THE DEFENDANT. . Document filed by Donald J. Trump..(Terrell, Stephen)
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Request |
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| 21 |
Filed: 10/19/2020, Entered: 10/19/2020 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [3] MOTION to Substitute Party. Old Party: Donald J. Trump, New Party: United States of America . . Document filed by Donald J. Trump..(Terrell, Stephen)
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Request |
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| 20 |
Filed: 10/15/2020, Entered: 10/15/2020 |
Order |
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ORDER: The argument of the pending motion on October 21 shall take place in Courtroom 21B rather than the ceremonial courtroom. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/14/2020) (jca)
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Request |
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| 19 |
Filed: 10/11/2020, Entered: 10/11/2020 |
Order on Motion for Leave to File Excess Pages |
|
ORDER granting [17] Letter Motion for Leave to File Excess Pages (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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| 18 |
Filed: 10/9/2020, Entered: 10/9/2020 |
Order on Motion to Substitute Party |
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ORDER SCHEDULING ORAL ARGUMENT with respect to [3] MOTION to Substitute Party. Old Party: Donald J. Trump, New Party: United States of America. The Court will hear oral argument in the Ceremonial Courtroom on the motion of the United States to substitute the United States for President Donald J. Trump in his individual capacity on Wednesday, October 21, 2020 at 3:30 p.m. Thirty minutes are allocated to each of the plaintiff and the United States. Counsel for each of the plaintiff the defendant, and the United States each shall inform the deputy clerk on or before October 16, 202 of the number of attorneys and their assistants whom that party wishes to have present in the courtroom. The undersigned prohibits the bringing of any Personal Electronic Device or General Purpose Computing Device into courtrooms, witness rooms, robing rooms,jury rooms and associated spaces, and judicial chambers used by him absent written permission granted by him as provided by standing order of the Court. See In the Matter of Personal Electronic Devices and General Purpose Computing Devices, Standing Order Ml0-468 (revised), 14-mc-0047 (filed Feb. 27, 2014). That prohibition shall apply to the oral argument an any other proceedings in this case scheduled hereby notwithstanding In re Coronavirus/COVID-19 pandemic, Standing Order Ml0-468 (revised), 20-mc-316 (filed Sept. 9, 2020). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/9/2020) (jca)
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Request |
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| 17 |
Filed: 10/9/2020, Entered: 10/9/2020, Terminated: 10/11/2020 |
Motion for Leave to File Excess Pages |
|
LETTER MOTION for Leave to File Excess Pages re: Reply in support of Motion to Substitute addressed to Judge Lewis A. Kaplan from Stephen Terrell dated 10/09/2020. Document filed by Donald J. Trump..(Terrell, Stephen)
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Request |
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| |
Filed: None, Entered: None |
set/reset hearings |
|
Set/Reset Hearings: Oral Argument set for 10/21/2020 at 03:30 PM before Judge Lewis A. Kaplan. (jca)
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| 16 |
Filed: 10/5/2020, Entered: 10/5/2020 |
Memorandum of Law in Opposition to Motion |
|
MEMORANDUM OF LAW in Opposition re: [3] MOTION to Substitute Party. Old Party: Donald J. Trump, New Party: United States of America . . Document filed by E. Jean Carroll. (Attachments: # (1) Affidavit of Roberta A. Kaplan In Support of Plaintiff's Opposition to Defendant's Motion to Substitute, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H).(Kaplan, Roberta)
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| 15 |
Filed: 10/5/2020, Entered: 10/5/2020, Terminated: 10/20/2020 |
Motion for Leave to file document |
|
MOTION for Leave to File Amicus Brief IN SUPPORT OF PLAINTIFFS OPPOSITION TO THE MOTION OF THE UNITED STATES TO SUBSTITUTE ITSELF AS THE DEFENDANT. Document filed by Government Accountability Project. (Attachments: # (1) Exhibit Amicus Brief).(Kolar, John)
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| 14 |
Filed: 9/15/2020, Entered: 9/15/2020 |
Notice (other) |
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NOTICE of Lodging State Court Process, Pleadings, and Orders. Document filed by Donald J. Trump. (Attachments: # (1) Summons (11/04/2019), # (2) Complaint (11/04/2019), # (3) Affirmation re Identification of Related Case (11/08/2019), # (4) RJI Ex Parte Application (11/08/2019), # (5) Orioised Ex Oarte Order (11/08/2019), # (6) Affidavit in Supoport of Ex Parte Application (11/08/2019), # (7) Exhibit (Summons and Complaint) (11/08/2019), # (8) Exhibit (Trump Voter Registration ) (11/08/2019), # (9) Exhibit (Nov 4 Service Attempt) (11/08/2019), # (10) Exhibit (Nov 5 Service Attempt) (11/08/2019), # (11) Exhibit (Nov 6 Service Attempt) (11/08/2019), # (12) Exhibit (Nov 6 Service Attempt) (11/08/2019), # (13) Exhibit (Nov 6 at White House) (11/08/2019), # (14) Exhibit (E-mail) (11/08/2019, # (15) Ex Parte Order (11/13/2019), # (16) Notice of Appearance (11/13/2019), # (17) Affirmation of Service (11/13/2019), # (18) Notice of Appearance (11/13/2019), # (19) Notice of Appearance (11/25/2019), # (20) Stipulation - Briefing Schedule (11/26/2019), # (21) Notice of Appearance (11/26/2019), # (22) Letter/Correspondence - So Ordered (12/03/2019), # (23) Letter to Judge (12/03/2019), # (24) Exhibit (Affirmation re Identification of Related Case) (12/03/2019), # (25) Letter Application to Administrative Judge (12/05/2019), # (26) Letter to Judge (12/05/2019), # (27) Order - Preliminary Conference (12/12/2019), # (28) Proposed OSC (01/03/2020), # (29) Affidavit in Support (01/03/2020), # (30) Exhibit (Complaint) (01/03/2020), # (31) Exhibit (11-13-19 Ex Parte order) (01/03/2020), # (32) Exhibit (Preliminary Conference Order) (01/03/2020), # (33) Memorandum of Law (01/03/2020), # (34) Affirmation in Opposition to OSC (01/06/2020), # (35) OSC - Decline/Withdrawn (01/08/2020), # (36) Decision + Order of Motion (01/10/2020), # (37) Notice of Entry (01/13/2020), # (38) Stipulation (Briefing Schedule) (02/03/2020), # (39) Stipulation - So Ordered (02/04/2020), # (40) Notice of Appearance (02/04/2020), # (41) Notice of Appearance (02/04/2020), # (42) Notice of Appearance (02/04/2020), # (43) Notice of Motion to Stay (02/04/2020), # (44) Affidavit in Support of Motion (02/04/2020), # (45) Exhibit (RJI Submissions) (02/04/2020), # (46) Exhibit (Preliminary Conference Order) (02/04/2020), # (47) Exhibit (Letter from Ct of Appeals) (02/04/2020), # (48) Exhibit (So-Ordered Stipulation) (02/04/2020), # (49) Memorandum of Law (02/04/2020), # (50) Stipulation - Briefing Schedule (02/06/2020), # (51) Stipulation - So Ordered (02/10/2020), # (52) Stipulation - Adjournment of Motion (02/11/2020), # (53) Notice of Appearance (02/18/2020), # (54) Memorandum of Law in Opposition (02/18/2020), # (55) Affiavit in Opposition to Motion (02/18/2020), # (56) Exhibit (First Notice of Submit to Physical Examination (02/18/2020) (PART 1), # (57) Exhibit (First Notice of Submit to Physical Examination (02/18/2020) (PART 2), # (58) Exhibit (Discovery Stipulation) (02/18/2020), # (59) Exhibit (Letter) (02/18/2020), # (60) Exhibit (Notice of Motion) (02/18/2020), # (61) Exhibit (Order) (02/18/2020), # (62) Exhibit (Letter) (02/18/2020), # (63) Exhibit (Letter) (02/18/2020), # (64) Exhibit (Letter) (02/18/2020), # (65) Exhibit (Email) (02/18/2020), # (66) Exhibit (Memorandum of Law) (02/18/2020), # (67) Affidavit in Reply (02/28/2020), # (68) Exhibit (Article) (02/28/2020), # (69) Exhibit (Answer) (02/28/2020), # (70) Exhibit (Decision Granting Leave to Appeal) (02/28/2020), # (71) Memorandum of Law in Reply (02/28/2020), # (72) Letter to Judge (03/02/2020), # (73) Exhibit (Complaint in Trump for President v. NYT Co.) (03/02/2020), # (74) Letter to Judge (03/06/2020), # (75) Exhibit (Complaint in Trump for President v. WP Co.) (03/06/2020), # (76) Exhibit (Complaint in Trump for President v. CNN) (03/06/2020), # (77) Letter to Judge (03/10/2020), # (78) Letter to Judge (03/11/2020), # (79) Letter to Judge (03/11/2020), # (80) Court Appearance Update (03/20/2020), # (81) Notice (04/14/2020), # (82) Notice of Appearance (06/15/2020), # (83) Notice of Motion (06/15/2020), # (84) Affirmation in Support of Motion (06/15/2020), # (85) Exhibit (Logo for The Apprentice) (06/15/2020), # (86) Exhibit (Entry information page) (06/15/2020), # (87) Exhibit (Entry information page) (06/15/2020), # (88) Exhibit (FEC filing) (06/15/2020), # (89) Exhibit (Report titled Expenditures) (06/15/2020), # (90) Exhibit (Certified transcript of phone call) (06/15/2020), # (91) Exhibit (Florida Voter Registration Applications) (06/15/2020), # (92) Exhibit (Declaration of Use Agreement) (06/15/2020), # (93) Memorandum of Law in Support (06/15/2020), # (94) Letter to Judge (06/29/2020), # (95) Letter to Judge (06/29/2020), # (96) Exhibit (Correspondence Between Counsel) (06/29/2020), # (97) Decision + Order on Motion (07/01/2020), # (98) Letter to Judge (07/10/2020), # (99) Exhibit (Trump v. Vance Opinion) (07/10/2020), # (100) Letter to Judge (07/14/2020), # (101) Exhibit (Brief for Appellant in Zervos) (07/14/2020), # (102) Letter to Judge (07/15/2020), # (103) Exhibit (Trump v. Mazars Opinion) (07/16/2020), # (104) Letter to Judge (07/16/2020), # (105) Exhibit (Reply Brief of Appellant in Zervos) (07/16/2020), # (106) Letter to Judge (07/17/2020), # (107) Exhibit (Submission to Court of Appeals) (07/17/2020), # (108) Substitution of Attoeney (07/24/2020), # (109) Letter to Judge (07/28/2020), # (110) Exhibit (Letetr response to Court of Appeals) (07/28/2020), # (111) Decision + Order on Motion (08/06/2020), # (112) Notice of Entry (08/08/2020)).(Terrell, Stephen)
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| 13 |
Filed: 9/15/2020, Entered: 9/15/2020 |
Order |
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ORDER: Accordingly, the United States, nor before September 18, 2020, shall file the entire state court record as of the time of removal. Each separate paper shall be filed as a separate numbered attachment, shall be clearly titled so hat the subject of the attachment is clear, and shall show the date of the attachment. Attachments hall be listed in chronological order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/14/2020) (jca)
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| 12 |
Filed: 9/14/2020, Entered: 9/14/2020 |
Notice (other) |
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NOTICE of Lodging State Court Process, Pleadings, and Orders. Document filed by Donald J. Trump. (Attachments: # (1) Process, Pleadings, and Orders Part 1, # (2) Process, Pleadings, and Orders Part 2, # (3) Process, Pleadings, and Orders Part 3, # (4) Process, Pleadings, and Orders Part 4, # (5) Process, Pleadings, and Orders Part 5, # (6) Process, Pleadings, and Orders Part 6, # (7) Process, Pleadings, and Orders Part 7, # (8) Process, Pleadings, and Orders Part 8, # (9) Process, Pleasings and Orders Part 9, # (10) Process, Pleadings, and Orders Part 10, # (11) Process, Pleadings, and Orders Part 11, # (12) Process, Pleadings, and Orders Part 12).(Terrell, Stephen)
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| 11 |
Filed: 9/11/2020, Entered: 9/11/2020 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: [10] Letter filed by E. Jean Carroll. ENDORSEMENT: SO ORDERED. (Responses due by 10/5/2020, Replies due by 10/19/2020.) (Signed by Judge Lewis A. Kaplan on 9/11/2020) (jca)
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| 10 |
Filed: 9/11/2020, Entered: 9/11/2020 |
Letter |
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LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated September 11, 2020 re: Court's Order of September 10, 2020 (ECF 9). Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 9 |
Filed: 9/10/2020, Entered: 9/10/2020 |
Order on Motion for conference |
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ORDER granting in part and denying in part [8] Letter Motion for Conference. (Signed by Judge Lewis A. Kaplan on 9/10/2020) (Kaplan, Lewis)
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| 8 |
Filed: 9/10/2020, Entered: 9/10/2020, Terminated: 9/10/2020 |
Motion for Conference |
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LETTER MOTION for Conference re: Schedule addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated September 10, 2020. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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| 7 |
Filed: 9/9/2020, Entered: 9/9/2020 |
Civil Cover Sheet |
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CIVIL COVER SHEET filed..(Terrell, Stephen)
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| 6 |
Filed: 9/9/2020, Entered: 9/9/2020 |
Notice of Removal |
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NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 160694/2019..Document filed by Donald J. Trump. (Attachments: # (1) Exhibit A - State Court Complaint, # (2) Exhibit B - Westfall Act Certification, # (3) Exhibit C - State Court Docket Index, # (4) Exhibit D (Part 1) - State Court Process, Pleadings, and Orders (less exhibits), # (5) Exhibit D (Part 2) - State Court Process, Pleadings, and Orders (less exhibits), # (6) Exhibit D (Part 3) - State Court Process, Pleadings, and Orders (less exhibits)).(Terrell, Stephen)
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Filed: None, Entered: None |
Notice to Attorney Regarding Deficient Pleading |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen Terrell to RE-FILE Document No. [1] Notice of Removal,. The filing is deficient for the following reason(s): As per Rule 13.3, each attachment to the pleading must be clearly titled in the ECF entry so the subject of the exhibit is clear; do not put only "Exhibit A, B, etc.". Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the PDF(s) - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
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Filed: None, Entered: None |
Notice to Attorney Regarding Deficient Pleading |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen Terrell to RE-FILE Document No. [1] Notice of Removal,. The filing is deficient for the following reason(s): As per Rule 13.3, each attachment to the pleading must be clearly titled in the ECF entry so the subject of the exhibit is clear; do not put only "Exhibit A, B, etc.". Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the PDF(s) - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
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Filed: None, Entered: None |
Notice to Attorney Regarding Deficient Civil Cover Sheet |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Stephen Terrell to RE-FILE Document No. [1] Notice of Removal,. The filing is deficient for the following reason(s): caption entered on civil cover sheet does not match pleading caption. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the corrected PDF. (pne)
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Filed: None, Entered: None |
Notice to Attorney Regarding Party Modification |
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stephen Terrell. The party information for the following party/parties has been modified: Donald J. Trump. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pne)
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Filed: None, Entered: None |
Case Designated ECF. |
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Case Designated ECF. (pne)
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Filed: None, Entered: None |
Case Designation |
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Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
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Filed: None, Entered: None |
Case Opening Initial Assignment Notice |
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)
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| 5 |
Filed: 9/8/2020, Entered: 9/8/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Joshua Adam Matz on behalf of E. Jean Carroll..(Matz, Joshua)
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| 4 |
Filed: 9/8/2020, Entered: 9/8/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of E. Jean Carroll..(Kaplan, Roberta)
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| 3 |
Filed: 9/8/2020, Entered: 9/8/2020, Terminated: 10/27/2020 |
Motion to Substitute Party |
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MOTION to Substitute Party. Old Party: Donald J. Trump, New Party: United States of America . Document filed by UNITED STATES OF AMERICA. (Attachments: # (1) Memorandum of Points and Authorities, # (2) Affidavit, # (3) Exhibit A, # (4) Exhibit B, # (5) Certificate of Service).(Terrell, Stephen)
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| 2 |
Filed: 9/8/2020, Entered: 9/8/2020 |
Civil Cover Sheet |
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FILING ERROR - PDF ERROR -CIVIL COVER SHEET filed..(Terrell, Stephen) Modified on 9/9/2020 (pne).
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| 1 |
Filed: 9/8/2020, Entered: 9/8/2020 |
Notice of Removal |
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FILING ERROR - EXHIBITS NOT CLEARLY TITLED - NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 160694/2019..Document filed by UNITED STATES OF AMERICA. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D (Part 1), # (5) Exhibit D (Part 2), # (6) Exhibit D (Part 3), # (7) Certificate of Service).(Terrell, Stephen) Modified on 9/9/2020 (pne).
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Update
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