Giuffre v. Prince Andrew

Federal Civil Lawsuit New York Southern District Court, Case No. 1:21-cv-06702-LAK
District Judge Lewis A. Kaplan, presiding
Tags
District Judge Lewis A. Kaplan
Last Updated March 8, 2022 at 6:30 PM EST (2.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Giuffre, Virginia L., Plaintiff
Officially listed as "Virginia L. Giuffre"

Represented by Boies, Schiller & Flexner, LLP

Name Phone Fax E-Mail
Space David Boies, II +1 914 749 8200 +1 914 749 8300 dboies@bsfllp.com
Space Sabina Mariella +1 212 446 2300 +1 212 446 2350 smariella@bsfllp.com
Space Sigrid Stone McCawley +1 954 356 0011 +1 954 356 0022 smccawley@bsfllp.com
Space Erika Britt Nyborg-Burch +1 415 293 6800 +1 415 293 6899 enyborg-burch@bsfllp.com
Space Andrew Villacastin +1 212 909 7622 avillacastin@bsfllp.com
v.
No Logo Prince Andrew, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Melissa Lerner +1 310 556 3501 +1 310 556 3615 mlerner@lavelysinger.com

Represented by Lavely & Singer APC

Name Phone Fax E-Mail
Space Andrew B Brettler +1 310 556 3501 +1 310 556 3615 abrettler@lavelysinger.com
Other Parties
No Logo CHILD USA, Amicus

Represented by Smith Collins, LLC

Name Phone Fax E-Mail
Space Marci A Hamilton +1 215 353 8984 +1 215 493 1094 hamilton.marci@gmail.com
Attributes
Office Foley Square
Filed 8/9/2021
Jury Demand Plaintiff
Demand
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1332 Diversity Action
Jurisdiction Diversity
Disposition
County XX Out of State
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flag ECF
Timeline
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Legal Document (Payment Possibly Required) 83 Filed: 3/8/2022, Entered: None Stipulation and Order of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 82 Filed: 3/8/2022, Entered: None Stipulation of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 81 Filed: 2/23/2022, Entered: None Response (non-motion)
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Legal Document (Payment Possibly Required) 80 Filed: 2/23/2022, Entered: None Letter
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Legal Document (Payment Possibly Required) 79 Filed: 2/15/2022, Entered: None Order Staying Case
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Legal Document 78 Filed: 2/15/2022, Entered: 2/15/2022 LetterCourt Filing
LETTER addressed to Judge Lewis A. Kaplan from David Boies dated February 15, 2022 Document filed by Virginia L. Giuffre. (Attachments: # (1) Exhibit A).(Boies, David)
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Legal Document 77 Filed: 2/8/2022, Entered: 2/8/2022 OrderCourt Filing
ORDER: The parties, on or before March 7, 2022, shall file a joint written report on the status of pretrial discovery. The report shall include information about completed, outstanding, and anticipated future discovery including interrogatories, document requests, requests for admissions, and depositions, including the identities of witnesses expected, as of the date of the report, to be deposed subsequently and agreed or anticipated dates for future depositions. The report shall advise the Court also of the status of outstanding letters rogatory. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/8/2022) (vfr)
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Blank  Filed: None, Entered: None Letters Rogatory issued.
LETTERS ROGATORY ISSUED on February 7, 2022, and picked up by Lavely & Singer Professional Corp., and to be served in Australia.(km)
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Legal Document 76 Filed: 2/1/2022, Entered: 2/1/2022 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on pro se submission received by chambers on 1/31/2022 entitled Emergency Petition for an Evidentiary Hearing to Review Evidence that Constitutionall [sic] and Statutorily Requires Granting a Motion to Dismiss with Prejudice in This Case. Construing his papers as an application to intervene, the application is denied. He certainly has alleged nothing that would give him a right to intervene under Rule 24(a). Nor has he asserted anything that would permit the Court, were it so minded, to permit him to intervene in the exercise of its discretion. Accordingly, the application is denied in all respects. (Signed by Judge Lewis A. Kaplan on 1/31/2022) Copies Mailed By Chambers. (Mohan, Andrew)
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Blank  Filed: None, Entered: None Letters Rogatory issued.
LETTERS ROGATORY ISSUED on February 1, 2022, and picked up by Boies, Schiller & Flexner LLP and to be served in London.(km)
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Legal Document 75 Filed: 1/31/2022, Entered: 1/31/2022 OrderCourt Filing
LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS: The fees and costs incurred in execution of this Letter of Request and which are reimbursable under the second paragraph of Article 14 or under Atticle 26 of the Hague Convention will be borne by Defendant, by and through his representatives Andrew B. Brettler and Melissa Y. Lerner, LA VELY & SINGER, P.C., 2049 Century Park East, Suite 2400, Los Angeles, California 90067, United States of America. This Court, in the spirit of comity and reciprocity, hereby requests international judicial assistance from the Secretary to the Attorney-General's Department of the Commonwealth of Australia in the form of this Letter of Request seeking the testimony and documents described herein. This Court extends to all judicial and other authorities of Australia the assurances of its highest consideration. (Signed by Judge Lewis A. Kaplan on 1/31/2022) (mml)
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Legal Document 74 Filed: 1/31/2022, Entered: 1/31/2022 OrderCourt Filing
LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS: This Court, in the spirit of comity and reciprocity, hereby requests international judicial assistance from the Secretary to the Attorney-General's Department of the Commonwealth of Australia in the form of this Letter of Request seeking the testimony described herein. This Court extends to all judicial and other authorities of Australia the assurances of its highest consideration. (Signed by Judge Lewis A. Kaplan on 1/31/2022) (mml)
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Legal Document 73 Filed: 1/31/2022, Entered: 1/31/2022 OrderCourt Filing
LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS: This Court, in the spirit of comity and reciprocity, hereby requests international judicial assistance in the form of this Letter of Request seeking the testimony described herein from the Senior Master of the Queen's Bench Division. This Court extends to all judicial and other authorities of the United Kingdom the assurances of its highest consideration. (Signed by Judge Lewis A. Kaplan on 1/31/2022) (mml)
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Legal Document 72 Filed: 1/31/2022, Entered: 1/31/2022 OrderCourt Filing
LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTER: This Court, in the spirit of comity and reciprocity, hereby requests international judicial assistance in the form of this Letter of Request seeking the testimony described herein from the Senior Master of the Queen's Bench Division. This Court extends to all judicial and other authorities of the United Kingdom the assurances of its highest consideration. (Signed by Judge Lewis A. Kaplan on 1/31/2022) (mml)
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Legal Document 71 Filed: 1/26/2022, Entered: 1/26/2022 Answer to Complaint
ANSWER to [1] Complaint with JURY DEMAND. Document filed by Prince Andrew..(Brettler, Andrew)
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Legal Document 70 Filed: 1/18/2022, Entered: 1/18/2022 protective orderCourt Filing
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...It excludes this Court as defined in paragraph 10(i). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/18/2022) (jca)
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Legal Document 69 Filed: 1/15/2022, Entered: 1/15/2022 Scheduling OrderCourt Filing
SCHEDULING ORDER: (Signed by Judge Lewis A. Kaplan on 1/15/2022) (Kaplan, Lewis)
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Legal Document 68 Filed: 1/14/2022, Entered: 1/14/2022 LetterCourt Filing
LETTER addressed to Judge Lewis A. Kaplan from Melissa Y. Lerner dated January 14, 2022 re: Hague Convention Requests to Central Authority of Australia. Document filed by Prince Andrew. (Attachments: # (1) Exhibit A, # (2) Exhibit B).(Lerner, Melissa)
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Legal Document 67 Filed: 1/14/2022, Entered: 1/14/2022 LetterCourt Filing
LETTER addressed to Judge Lewis A. Kaplan from Sigrid S. McCawley dated January 14, 2022 re: Hague Convention Requests to Central Authority of the United Kingdom. Document filed by Virginia L. Giuffre. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2).(McCawley, Sigrid)
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Legal Document 66 Filed: 1/14/2022, Entered: 1/14/2022 Proposed Protective Order
PROPOSED PROTECTIVE ORDER. Document filed by Virginia L. Giuffre..(McCawley, Sigrid)
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Legal Document 65 Filed: 1/13/2022, Entered: 1/13/2022 Proposed Protective Order
PROPOSED PROTECTIVE ORDER. Document filed by Virginia L. Giuffre..(McCawley, Sigrid)
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Legal Document 64 Filed: 1/12/2022, Entered: 1/12/2022 Memorandum and OpinionCourt Filing
OPINION re: [30] MOTION to Dismiss or in the Alternative for a More Definitive Statement filed by Prince Andrew. For the foregoing reasons, defendant's motion to dismiss the complaint or for a more definite statement is denied in all respects. Given the Court's limited task of ruling on this motion, nothing in this opinion or previously in these proceedings properly may be construed as indicating a view with respect to the truth of the charges or countercharges or as to the intention of the partiesin entering into the 2009 Agreement. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/11/2022) (mml)
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Legal Document 63 Filed: 1/10/2022, Entered: 1/10/2022 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/4/22 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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Legal Document (Payment Possibly Required) 62 Filed: 1/10/2022, Entered: 1/10/2022 transcriptCourt Filing
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/4/2022 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Samuel Mauro, (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 1/31/2022. Redacted Transcript Deadline set for 2/10/2022. Release of Transcript Restriction set for 4/11/2022..(Moya, Goretti)
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Blank  Filed: None, Entered: None Oral Argument
Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held on 1/4/2022 by video-conference with public audio dial-in re: [30] MOTION to Dismiss or in the Alternative for a More Definitive Statement. filed by Prince Andrew. Decision Reserved. (Court Reporter Sam Mauro) (Mohan, Andrew)
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Legal Document 61 Filed: 12/31/2021, Entered: 12/31/2021 Order on motion to compelCourt Filing
ORDER denying [58] Letter Motion to Compel. (Signed by Judge Lewis A. Kaplan on 12/31/2021) (Kaplan, Lewis)
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Legal Document 60 Filed: 12/30/2021, Entered: 12/30/2021 response in opposition to motion
RESPONSE in Opposition to Motion re: [58] MOTION to Compel Plaintiff Virginia Giuffre to Respond to Limited Jurisdictional Discovery, Sit for Deposition, and Stay All Other Discovery Pending Ruling on Subject Matter Jurisdiction . . Document filed by Virginia L. Giuffre. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C).(Boies, David)
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Legal Document 59 Filed: 12/29/2021, Entered: 12/29/2021 OrderCourt Filing
ORDER. The Clerk, on or about January 3, 2022, shall unseal the Document. Specifically, the Court shall unseal and place on the public record Dkt. 334-1 in No. 19-cv-3377 and Dkt. 32-1 in No. 21-6702. SO ORDERED. (Signed by Judge Loretta A. Preska and Judge Lewis A. Kaplan on 12/29/21) (yv) Transmission to Sealed Records Clerk for processing.
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Legal Document 58 Filed: 12/28/2021, Entered: 12/28/2021, Terminated: 12/31/2021 Motion to Compel
MOTION to Compel Plaintiff Virginia Giuffre to Respond to Limited Jurisdictional Discovery, Sit for Deposition, and Stay All Other Discovery Pending Ruling on Subject Matter Jurisdiction . Document filed by Prince Andrew. (Attachments: # (1) Exhibit A (Meet & Confer Letter), # (2) Exhibit B (Response to Meet & Confer Letter), # (3) Exhibit C (Maxwell Complaint), # (4) Exhibit D (VRG 2016 Deposition Transcript), # (5) Exhibit E (Dershowitz Complaint), # (6) Exhibit F (Proposed Amended Complaint), # (7) Exhibit G (Proposed Second Amended Complaint), # (8) Exhibit H (Prince Andrew Complaint), # (9) Exhibit I (VRG Voter Registration Record)).(Brettler, Andrew)
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Blank  Filed: None, Entered: None set/reset hearings
Oral Argument regarding the motion to dismiss set for 1/4/2022 at 10:00 AM before Judge Lewis A. Kaplan. Counsel will argue via video-conference. Public and Press may listen via teleconference. Dial-in within the United States, toll-free, is 844-291-4185; or the international dial-in is 409-207-6997. The teleconference access code is 1532656#. Listeners are on notice that it is against Court rules to record or rebroadcast the hearing in whole or in part. (Mohan, Andrew) Modified on 12/22/2021 (Mohan, Andrew).
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Legal Document 57 Filed: 12/16/2021, Entered: 12/16/2021 OrderCourt Filing
ORDER GRANTING IN PART AND DENYING IN PART REQUEST FOR JUDICIAL NOTICE. Defendant's request to take judicial notice is granted with respect of Dkt. 32, Ex.A and denied in all other respects. The denial insofar as it concerns B through H is without prejudice to the Court taking judicial notice of some or all of them insofar as it considers any of them proper matters for consideration on the pending motion to dismiss. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/16/21) (yv) Modified on 12/20/2021 (Mohan, Andrew).
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Blank 56 Filed: 12/15/2021, Entered: 12/15/2021 Order on Motion to sealCourt Filing
ORDER granting [40] Letter Motion to Seal. (Signed by Judge Lewis A. Kaplan on 12/15/2021) (Kaplan, Lewis)
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Legal Document 55 Filed: 12/14/2021, Entered: 12/14/2021 Order on Motion to sealCourt Filing
ORDER granting [49] Letter Motion to Seal. (Signed by Judge Lewis A. Kaplan on 12/14/2021) (Mohan, Andrew)
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Legal Document 54 Filed: 12/14/2021, Entered: 12/14/2021 Order to Show CauseCourt Filing
ORDER. In the absence of a showing, on or before December 22, 2021, of good cause by a party to either of these actions or by a duly authorized executor, administrator, or other representative of the Estate Mr. Epstein, the Court will file the entire Document on the public record on or about January 3, 2022. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/14/21) (yv) Modified on 12/28/2021 (yv).
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Legal Document 53 Filed: 12/13/2021, Entered: 12/13/2021 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [30] MOTION to Dismiss or in the Alternative for a More Definitive Statement. [REDACTED]. Document filed by Prince Andrew..(Lerner, Melissa)
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Legal Document (Payment Possibly Required) 52 Filed: 12/13/2021, Entered: 12/13/2021 Reply Memorandum of Law in Support of Motion
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: [30] MOTION to Dismiss or in the Alternative for a More Definitive Statement. . Document filed by Prince Andrew, Virginia L. Giuffre. Motion or Order to File Under Seal: [49].(Lerner, Melissa)
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Legal Document 51 Filed: 12/13/2021, Entered: 12/13/2021 Stipulation and OrderCourt Filing
STIPULATION. IT IS ACCORDINGLY HEREBY STIPULATED AND AGREED that the parties' deadline for filing requests for letters rogatory or letters of request is extended to January 14, 2022. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/13/21) (yv)
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Legal Document 50 Filed: 12/13/2021, Entered: 12/13/2021 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Virginia L. Giuffre..(McCawley, Sigrid)
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Legal Document 49 Filed: 12/10/2021, Entered: 12/10/2021, Terminated: 12/14/2021 Motion to SealCourt Filing
LETTER MOTION to Seal portions of defendant's reply memorandum in further support of his Motion To Dismiss addressed to Judge Lewis A. Kaplan from Andrew Brettler dated December 10, 2021. Document filed by Prince Andrew..(Brettler, Andrew)
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Legal Document 48 Filed: 12/8/2021, Entered: 12/8/2021 Order on Motion to appear pro hac viceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting [46] Motion for Erika Nyborg-Burch to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 12/8/2021) (vfr)
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Legal Document 47 Filed: 12/7/2021, Entered: 12/7/2021 Order on motion to file amicus briefCourt Filing
ORDER granting [44] Letter Motion to File Amicus Brief. Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 12/7/21) (yv)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [46] MOTION for Erika Nyborg-Burch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25423600. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Legal Document 46 Filed: 12/6/2021, Entered: 12/6/2021, Terminated: 12/8/2021 Motion to Appear Pro Hac Vice
MOTION for Erika Nyborg-Burch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25423600. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Virginia L. Giuffre. (Attachments: # (1) Declaration of Erika Nyborg-Burch, # (2) Certificate of Good Standing, # (3) Text of Proposed Order).(Nyborg-Burch, Erika)
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Legal Document 45 Filed: 12/2/2021, Entered: 12/2/2021 Order on Motion to appear pro hac viceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE OF MARCI A. HAMILTON granting [41] Motion for Marci A. Hamilton to Appear Pro Hac Vice. The motion of Marci A. Hamilton for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Lewis A. Kaplan on 12/2/21) (yv)
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Legal Document 44 Filed: 11/30/2021, Entered: 11/30/2021, Terminated: 12/7/2021 Motion to File Amicus BriefCourt Filing
LETTER MOTION to File Amicus Brief addressed to Judge Lewis A. Kaplan from Marci A. Hamilton dated 11/29/2021. Document filed by CHILD USA. (Attachments: # (1) Exhibit A).(Hamilton, Marci)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [41] MOTION for Marci A. Hamilton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25395672. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Legal Document (Payment Possibly Required) 43 Filed: 11/29/2021, Entered: 11/29/2021 Memorandum of Law in Opposition to Motion
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: [30] MOTION to Dismiss or in the Alternative for a More Definitive Statement. . Document filed by Virginia L. Giuffre, Prince Andrew. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)Motion or Order to File Under Seal: [40].(Boies, David)
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Legal Document 42 Filed: 11/29/2021, Entered: 11/29/2021 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [30] MOTION to Dismiss or in the Alternative for a More Definitive Statement. . Document filed by Virginia L. Giuffre. (Attachments: # (1) Exhibit A (Slipsheet), # (2) Exhibit B, # (3) Exhibit C).(Boies, David)
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Legal Document 41 Filed: 11/29/2021, Entered: 11/29/2021, Terminated: 12/2/2021 Motion to Appear Pro Hac Vice
MOTION for Marci A. Hamilton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25395672. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CHILD USA. (Attachments: # (1) Affidavit, # (2) Certificate of Service, # (3) Text of Proposed Order).(Hamilton, Marci)
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Legal Document 40 Filed: 11/26/2021, Entered: 11/26/2021, Terminated: 12/15/2021 Motion to SealCourt Filing
LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from Sigrid McCawley dated November 26, 2021. Document filed by Virginia L. Giuffre..(McCawley, Sigrid)
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Legal Document 39 Filed: 11/15/2021, Entered: 11/15/2021 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/3/21 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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Legal Document (Payment Possibly Required) 38 Filed: 11/15/2021, Entered: 11/15/2021 transcriptCourt Filing
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/3/2021 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Steven Greenblum, (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 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022..(Moya, Goretti)
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Legal Document 37 Filed: 11/4/2021, Entered: 11/4/2021 OrderCourt Filing
ORDER, The Court will hear argument on defendant's motion to dismiss the complaint on January 4, 2022 at 10a.m. SO ORDERED. ( Oral Argument set for 1/4/2022 at 10:00 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 11/4/21) (yv)
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Legal Document 36 Filed: 11/3/2021, Entered: 11/3/2021 Scheduling OrderCourt Filing
SUPPLEMENTAL SCHEDULING ORDER: It is hereby ORDERED, as follows: Any requests for letters rogatory or letters of request, and any notices pursuant to Fed. R. Civ. P. 44.1, shall be filed no later than December 15, 2021. Responses due by 11/29/2021. Replies due by 12/13/2021. (Signed by Judge Lewis A. Kaplan on 11/3/21) (yv)
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Blank  Filed: None, Entered: None Pretrial Conference - Interim
Minute Entry for proceedings held before Judge Lewis A. Kaplan: Interim Pretrial Conference held on 11/3/2021 by Teams video conference. Public audio dial-in was active. (Court Reporter Steven Greenblum) (Mohan, Andrew)
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Legal Document 35 Filed: 10/29/2021, Entered: 10/29/2021 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [30] MOTION to Dismiss or in the Alternative for a More Definitive Statement. Request for Judicial Notice [REDACTED]. Document filed by Prince Andrew. (Attachments: # (1) Exhibit A (Release Agreement), # (2) Exhibit B (Epstein Complaint), # (3) Exhibit C (Stipulation of Dismissal), # (4) Exhibit D (Order of Dismissal), # (5) Exhibit E (Order Denying Joinder), # (6) Exhibit F (Maxwell Complaint), # (7) Exhibit G (Dershowitz Amended Complaint), # (8) Exhibit H (Stipulation of Dismissal), # (9) Exhibit I (Motion for Joinder), # (10) Exhibit J (Daily Mail Article 3/2/2011), # (11) Exhibit K (Daily Mail Article 3/5/2011), # (12) Exhibit L (Manuscript), # (13) Exhibit M (Daily Mail Article 1/3/2015), # (14) Exhibit N (NY Daily News Article)).(Brettler, Andrew)
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Legal Document 34 Filed: 10/29/2021, Entered: 10/29/2021 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [30] MOTION to Dismiss or in the Alternative for a More Definitive Statement. [REDACTED]. Document filed by Prince Andrew..(Brettler, Andrew)
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Legal Document 33 Filed: 10/29/2021, Entered: 10/29/2021 Notice - Other
NOTICE of Constitutional Challenge Pursuant to Fed. R. Civ. P. 5.1 re: [30] MOTION to Dismiss or in the Alternative for a More Definitive Statement.. Document filed by Prince Andrew..(Brettler, Andrew)
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Legal Document (Payment Possibly Required) 32 Filed: 10/29/2021, Entered: 10/29/2021 Memorandum of Law in Support of Motion
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: [30] MOTION to Dismiss or in the Alternative for a More Definitive Statement. Request for Judicial Notice. Document filed by Prince Andrew, Virginia L. Giuffre. (Attachments: # (1) Exhibit A (Release Agreement), # (2) Exhibit B (Epstein Complaint), # (3) Exhibit C (Stipulation of Dismissal), # (4) Exhibit D (Order of Dismissal), # (5) Exhibit E (Order Denying Joinder), # (6) Exhibit F (Maxwell Complaint), # (7) Exhibit G (Dershowitz Amended Complaint), # (8) Exhibit H (Stipulation of Dismissal), # (9) Exhibit I (Motion for Joinder), # (10) Exhibit J (Daily Mail Article 3/2/2011), # (11) Exhibit K (Daily Mail Article 3/5/2011), # (12) Exhibit L (Manuscript), # (13) Exhibit M (Daily Mail Article 1/3/2015), # (14) Exhibit N (NY Daily News Article))Motion or Order to File Under Seal: [29].(Brettler, Andrew)
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Legal Document (Payment Possibly Required) 31 Filed: 10/29/2021, Entered: 10/29/2021 Memorandum of Law in Support of Motion
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: [30] MOTION to Dismiss or in the Alternative for a More Definitive Statement. . Document filed by Prince Andrew, Virginia L. Giuffre. Motion or Order to File Under Seal: [29].(Brettler, Andrew)
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Legal Document 30 Filed: 10/29/2021, Entered: 10/29/2021, Terminated: 1/12/2022 Motion to Dismiss
MOTION to Dismiss or in the Alternative for a More Definitive Statement. Document filed by Prince Andrew..(Brettler, Andrew)
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Legal Document 29 Filed: 10/27/2021, Entered: 10/27/2021 Order on Motion to sealCourt Filing
ORDER granting [28] Letter Motion to Seal and for related relief (Dkt 28) to the extent that the document may be filed under seal in this case and shall be so maintained to and including November 4, 2021 and, if either or both of the parties to this case has filed such an application in the Dershowitz case on or before November 4, 2021, until that application is decided and, in addition, pending a further order in this case. (Signed by Judge Lewis A. Kaplan on 10/27/2021) (Mohan, Andrew)
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Legal Document 28 Filed: 10/26/2021, Entered: 10/26/2021, Terminated: 10/27/2021 Motion to SealCourt Filing
LETTER MOTION to Seal 2009 Release Agreement addressed to Judge Lewis A. Kaplan from Andrew Brettler dated October 26, 2021. Document filed by Prince Andrew. (Attachments: # (1) Enclosure).(Brettler, Andrew)
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Legal Document 27 Filed: 10/25/2021, Entered: 10/25/2021 Scheduling OrderCourt Filing
CONSENT SCHEDULING ORDER: It is hereby ORDERED as follows: Amended Pleadings due by 12/15/2021. Joinder of Parties due by 12/15/2021. Deposition due by 7/14/2022. Discovery due by 7/14/2022. Pretrial Order due by 7/28/2022. (Signed by Judge Lewis A. Kaplan on 10/25/21) (yv)
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Legal Document 26 Filed: 10/19/2021, Entered: 10/19/2021 LetterCourt Filing
LETTER addressed to Judge Lewis A. Kaplan from Jennifer Foley dated 10/1/21 re: enclosing Service of Foreign Process on Prince Andrew, Duke of York. (yv)
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Blank  Filed: None, Entered: None Docket Annotation
DIAL-IN INFORMATION RE 11/3/2021: The public dial-in for listening to the 11/3/2021 @ 11:00 AM conference is Toll-Free: 877-336-4436, Access Code: 2558098. Listeners are on notice that court rules prohibit the recording or re-broadcast of the conference in whole or in part.(Mohan, Andrew)
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Legal Document 25 Filed: 10/17/2021, Entered: 10/17/2021 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/13/21 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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Legal Document (Payment Possibly Required) 24 Filed: 10/17/2021, Entered: 10/17/2021 transcriptCourt Filing
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/13/2021 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kristen Carannante, (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 11/8/2021. Redacted Transcript Deadline set for 11/17/2021. Release of Transcript Restriction set for 1/15/2022..(Moya, Goretti)
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Legal Document 23 Filed: 10/1/2021, Entered: 10/1/2021 Order on Motion to appear pro hac viceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting [22] Motion for MELISSA Y. LERNER to Appear Pro Hac Vice. The motion of Melissa Y. Lerner, for admission to practice Pro Hac Vice in the above captioned action is GRANTED. IT IS HEREBY ORDERED that Melissa Y. Lerner is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this court are subject to the Local Rules of this Court, including Rules governing discipline of attorneys. (Signed by Judge Lewis A. Kaplan on 10/1/21) (yv)
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Legal Document 22 Filed: 9/30/2021, Entered: 9/30/2021, Terminated: 10/1/2021 Motion to Appear Pro Hac Vice
MOTION for MELISSA Y. LERNER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-25134959. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Prince Andrew. (Attachments: # (1) Affidavit of Melissa Y. Lerner, # (2) Text of Proposed Order).(Lerner, Melissa)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [22] MOTION for MELISSA Y. LERNER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-25134959. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Legal Document 21 Filed: 9/28/2021, Entered: 9/28/2021 OrderCourt Filing
ORDER RE SCHEDULING AND PRETRIAL CONFERENCE, It is hereby, ORDERED as follows: Counsel for both parties promptly shall 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 previously attached to Dkt. 7 for consideration by the Court. If counsel are unable to agree on such a scheduling order, plaintiff and defendant each shall file with the Court, on or before October 22, 2021, a letter setting forth that party's proposed schedule, the rationale for its proposal and any objections to its adversary's proposal, and a description of the discovery that it proposes to conduct, including proposed depositions. 2. Regardless of whether a proposed consent scheduling order is filed on or before October 22, 2021, a video or teleconference will be held on November 3, 2021 at 11 a.m., Eastern Daylight Time. Counsel for the parties shall make technical arrangements for the conference with the Court's deputy clerk. SO ORDERED. ( Telephone Conference set for 11/3/2021 at 11:00 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 9/25/21) (yv)
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Legal Document 20 Filed: 9/28/2021, Entered: 9/28/2021 Stipulation and OrderCourt Filing
JOINT STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE UNDERSIGNED COUNSEL FOR THE PARTIES THAT: Service of process on the Duke shall be deemed effected as of September 21, 2021; The deadline by which the Duke shall file and serve a response to the Complaint is extended until October 29, 2021; The briefing schedule and October 13, 2021 oral argument date set by the Court at the Initial Pretrial Conference on September 13, 2021 shall be vacated; So Ordered. (Prince Andrew answer due 10/29/2021.) (Signed by Judge Lewis A. Kaplan on 9/24/21) (yv)
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Legal Document 19 Filed: 9/24/2021, Entered: 9/24/2021 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Prince Andrew..(Brettler, Andrew)
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Legal Document 18 Filed: 9/20/2021, Entered: 9/20/2021 Certificate of Service Complaints
CERTIFICATE OF SERVICE of Summons and Complaint. Service was made by e-mail and FedEx on Andrew B. Brettler, counsel for Prince Andrew. Document filed by Virginia L. Giuffre. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E).(McCawley, Sigrid)
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Blank  Filed: None, Entered: None Letters Rogatory issued.
LETTERS ROGATORY ISSUED on September 17, 2021.(km)
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Legal Document 17 Filed: 9/17/2021, Entered: 9/17/2021 OrderCourt Filing
ORDER CORRECTING TYPOGRAPHICAL ERROR re: [16] Order on Motion to Approve. Footnote 8 in the memorandum and order entered on September 16, 2021 is corrected to read as follows: E.g., NYKCool A.B. v. Pacific Intern. Services, Inc, No. 12cv5754 (LAK), 2015 WL 998455, *4-5 (S.D.N.Y. Mar. 5, 2015); see also Zanghi v. Ritella, No. 19-cv-5830 (NRB), 2020 WL 589409, at *7 (S.D.N.Y. Feb. 5, 2020) ([S]ervice on a foreign defendants U.S. counsel is a common form of service ordered under Rule 4(f)(3).) (quoting Jian Zhang v. Biang.com, Inc., 293 F.R.D. 508, 515 (S.D.N.Y. 2013)); GLG Life Tech, 287 F.R.D. 262, 267 (S.D.N.Y. 2012) (In many instances, courts have authorized service under Rule 4(f)(3) on an unserved partys counsel.). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/17/21) (yv)
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Legal Document 16 Filed: 9/16/2021, Entered: 9/16/2021 Order on Motion to ApproveCourt Filing
ORDER granting [13] Motion to Approve 4(f)(3) service. (Signed by Judge Lewis A. Kaplan on 9/16/2021) (Kaplan, Lewis)
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Legal Document 15 Filed: 9/16/2021, Entered: 9/16/2021 Declaration in Support of Motion
DECLARATION of Sigrid S. McCawley in Support re: [13] MOTION to Approve Alternate Service Pursuant to Rue 4(f)(3) and to Execute Request for Service Abroad of Judicial Documents .. Document filed by Virginia L. Giuffre. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Exhibit U).(McCawley, Sigrid)
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Legal Document 14 Filed: 9/16/2021, Entered: 9/16/2021 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [13] MOTION to Approve Alternate Service Pursuant to Rue 4(f)(3) and to Execute Request for Service Abroad of Judicial Documents . . Document filed by Virginia L. Giuffre. (Attachments: # (1) Exhibit 1 - Request for Service Abroad of Judicial Documents).(Boies, David)
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Legal Document 13 Filed: 9/16/2021, Entered: 9/16/2021, Terminated: 9/16/2021 Motion to Approve
MOTION to Approve Alternate Service Pursuant to Rue 4(f)(3) and to Execute Request for Service Abroad of Judicial Documents . Document filed by Virginia L. Giuffre..(Boies, David)
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Legal Document 12 Filed: 9/13/2021, Entered: 9/13/2021 Notice of Appearance
NOTICE OF APPEARANCE by Andrew Brad Brettler on behalf of Prince Andrew..(Brettler, Andrew)
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Blank  Filed: None, Entered: None set/reset hearings
Set Hearing: Oral Argument set for 10/13/2021 at 10:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)
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Blank  Filed: None, Entered: None Pretrial Conference - Initial
Minute Entry for proceedings held before Judge Lewis A. Kaplan: Initial Pretrial Conference held on 9/13/2021 by teleconference. Any request by plaintiff regarding service is due by 9/20/2021. Defense shall file a motion regarding service two weeks from the earlier of 9/23/2021 or 14 days after the date on which plaintiff informs defense counsel that they will not be seeking any additional form of service that involves the Court. Plaintiff's opposition to defendant's motion would be due by 9/30/2021. Plaintiff's reply is due 10/7/2021. Oral argument is scheduled for 10/13/2021 at 10:00 AM in-person. (Court Reporter Kristen Carannante) (Mohan, Andrew)
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Legal Document 11 Filed: 9/10/2021, Entered: 9/10/2021 Status report
STATUS REPORT. Document filed by Virginia L. Giuffre. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T).(Boies, David)
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Legal Document 10 Filed: 9/10/2021, Entered: 9/10/2021 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE. Prince Andrew served on 8/27/2021, answer due 9/17/2021. Service was accepted by Metropolitan Police Office/Head of Security at Royal Lodge. Document filed by Virginia L. Giuffre..(McCawley, Sigrid)
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Legal Document 9 Filed: 9/8/2021, Entered: 9/8/2021 Notice of Appearance
NOTICE OF APPEARANCE by Sabina Mariella on behalf of Virginia L. Giuffre..(Mariella, Sabina)
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Legal Document 8 Filed: 9/8/2021, Entered: 9/8/2021 Notice of Appearance
NOTICE OF APPEARANCE by Andrew Villacastin on behalf of Virginia L. Giuffre..(Villacastin, Andrew)
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Legal Document 7 Filed: 8/12/2021, Entered: 8/12/2021 Order for Initial Pretrial ConferenceCourt Filing
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/13/2021 at 04:00 PM before Judge Lewis A. Kaplan via teleconference. Counsel receiving this order shall promptly mail and email copies hereof to all other counsel of record or, in the case of any party for whom no appearance has been made, to such party and to all counsel, foreign or domestic, known or believed to be acting on behalf of such party. Counsel for both 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. Regardless of whether such a consent order is filed within the time provided, a teleconference will be held on September 13, 2021 at 4 p.m., Eastern Daylight Time. The teleconference can be reached by calling 1-888-363-4749 and using access code 7664205#. Unless the defendant has appeared by counsel, plaintiffs counsel should be prepared to discuss, among other things, the intended means and status of service of process. Members of the public are permitted to access the telephone conference, provided, however, that all listeners other than counsel for the parties shall be placed in "listen mode" and thus may not speak in or disrupt the proceedings. The recording, broadcasting or rebroadcasting of any part of the proceedings is strictly prohibited. (Signed by Judge Lewis A. Kaplan on 8/12/2021) (Mohan, Andrew)
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Legal Document 6 Filed: 8/11/2021, Entered: 8/11/2021 Order on Motion to appear pro hac viceCourt Filing
ORDER granting [4] Motion for Sigrid S. McCawley to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 8/11/2021) (ate)
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Legal Document 5 Filed: 8/10/2021, Entered: 8/10/2021 Summons issued
ELECTRONIC SUMMONS ISSUED as to Prince Andrew. (vf)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [4] MOTION for Sigrid S. McCawley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24907909. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (vf)
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Blank  Filed: None, Entered: None Case Designation
Magistrate Judge Katharine H. Parker 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. (vf)
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Blank  Filed: None, Entered: None Case Opening Initial Assignment Notice
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..(vf)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Case Opening Statistical Error Correction
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Boies, II. The following case opening statistical information was erroneously selected/entered: County code XX Out of State. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S. (vf)
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Legal Document 4 Filed: 8/9/2021, Entered: 8/9/2021, Terminated: 8/11/2021 Motion to Appear Pro Hac Vice
MOTION for Sigrid S. McCawley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24907909. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Virginia L. Giuffre. (Attachments: # (1) Declaration of Sigrid S. McCawley, # (2) Florida Certificate of Good Standing, # (3) District of Columbia Certificate of Good Standing, # (4) Text of Proposed Order).(McCawley, Sigrid)
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Legal Document 3 Filed: 8/9/2021, Entered: 8/9/2021 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Prince Andrew, Duke of York, re: [1] Complaint. Document filed by Virginia L. Giuffre..(Boies, David)
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Legal Document 2 Filed: 8/9/2021, Entered: 8/9/2021 Civil Cover Sheet
CIVIL COVER SHEET filed..(Boies, David)
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Legal Document 1 Filed: 8/9/2021, Entered: 8/9/2021 Complaint
COMPLAINT against Prince Andrew. (Filing Fee $ 402.00, Receipt Number ANYSDC-24907595)Document filed by Virginia L. Giuffre. (Attachments: # (1) Exhibit A).(Boies, David)
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