NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/20/2024 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...Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/20/2024 before Judge Arun Subramanian. Court Reporter/Transcriber: Sharonda Jones, (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 1/24/2025. Redacted Transcript Deadline set for 2/3/2025. Release of Transcript Restriction set for 4/3/2025.Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(McGuirk, Kelly)
ORDER granting [332] Letter Motion to Seal; granting [335] Letter Motion for Conference ; granting [340] Letter Motion to Seal; granting [343] Letter Motion to Seal. On December 9, 2024, Jane Doe 3 filed a motion to compel the production of certain documents that she contends were covered by the Court's November 13, 2024 Order, Dkt. 278, and which defendant Darren Indyke says were not. See Dkts. 335, 344. For the reasons discussed at today's hearing, Doe's motion is denied without prejudice. The Court understands, however, that the parties have resolved several of the issues raised in Doe's motion to compel. To the extent the parties have agreed to the review and production of documents, that agreement should be adhered to. The Court also reiterates that Indyke may only withhold documents that are, in lead counsel's good faith view, validly privileged. The Court understands that Indyke re-reviewed his logs after the Court's last hearing on this issue and produced any documents (not just transmittal letters) for which there is no good faith basis to believe that the work-product or attorney-client privilege applies. If that understanding is not correct, then Indyke should undertake this review promptly. The motions to seal at Dkts. 332, 340, and 343 are granted. The Clerk of Court is respectfully directed to terminate Dkts. 332, 335, 340, and 343. (Signed by Judge Arun Subramanian on 12/20/2024) (rro)
Filed: None, Entered: None
Telephone Conference
Minute Entry for proceedings held before Judge Arun Subramanian: Telephone Conference held on 12/20/2024. (Court Reporter Sharonda Jones) (kh)
***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Arun Subramanian from Daniel H. Weiner dated December 19, 2024 re: [335] LETTER MOTION for Conference (Pre-Motion Conference for Discovery) addressed to Judge Arun Subramanian from Sigrid McCawley dated December 9, 2024. . Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. (Attachments: # (1) Exhibit A)Motion or Order to File Under Seal: [343].(Weiner, Daniel)
LETTER RESPONSE in Opposition to Motion addressed to Judge Arun Subramanian from Daniel H. Weiner dated December 19, 2024 re: [335] LETTER MOTION for Conference (Pre-Motion Conference for Discovery) addressed to Judge Arun Subramanian from Sigrid McCawley dated December 9, 2024. . Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A).(Weiner, Daniel)
LETTER MOTION to Seal Opposition Letter to Plaintiff Jane Doe 3's December 9, 2024 Letter Motion to Compel (ECF No. 335) addressed to Judge Arun Subramanian from Daniel H. Weiner dated December 19, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
ORDER: Pursuant to the Court's December 11, 2024 Order, Dkt. 337, the parties were required to confer on their discovery dispute raised by plaintiff at Dkt. 334 to see if they could resolve it themselves. By December 19, 2024, at 5:00 PM, the parties should either submit a joint letter to the Court informing it that a telephonic conference on Friday is no longer necessary, or Indyke should submit a letter to the Court outlining any remaining issues in dispute. If the parties haven't reached a resolution on their own, they should dial in to Friday's 11:00 AM conference by calling (646) 453-4442 and entering the Phone Conference ID: 523 545 533, followed by the pound (#) sign. (Signed by Judge Arun Subramanian on 12/18/2024) (rro)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Daniel H. Weiner dated December 12, 2024 re: Propose Redactions to Supplemental Appendix 1 to Plaintiffs Letter Motion and maintain under seal (i) Exhibits B-F and H (the Exhibits) and (ii) certain portions of her Letter Motion.. Document filed by Jane Doe 3, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit 1)Motion or Order to File Under Seal: [64].(Weiner, Daniel)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated December 12, 2024. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit 1).(Weiner, Daniel)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Andrew Villacastin dated December 12, 2024 re: Court's Order during the November 6, 2024 Hearing permitting the November 6, 2024 transcript to be kept under seal. Document filed by Jane Doe 3, Darren K. Indyke, Richard D. Kahn, Jane Doe 3, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A - 11.06.24 Hearing Transcript)Motion or Order to File Under Seal: [338].(Villacastin, Andrew)
LETTER MOTION to Seal (Letter motion to seal November 6, 2024 transcript) addressed to Judge Arun Subramanian from Andrew Villacastin dated December 12, 2024. Document filed by Jane Doe 3, Jane Doe 3..(Villacastin, Andrew)
ORDER granting [334] Letter Motion for Conference Before engaging in further briefing on this issue, the parties should meet and conferfor real this timeto see if they can work this issue out. As the Court mentioned, the disclosure of any of the requested documents will not result in a waiver of privilege over other documents, nor does it necessarily mean that any of the documents are admissible in this case. However, theplaintiffs letter suggests that the parties have not even meaningfully considered the prior discussion on this issue or the parameters of the Courts order. If the talks dont work out, the Court will hold a telephonic hearing on Friday, December 20, 2024, at 11:00 AM, and in advance Indyke can submit a response to plaintiffs letter outlining any remaining issues in dispute. SO ORDERED. Telephone Conference set for 12/20/2024 at 11:00 AM before Judge Arun Subramanian.. (Signed by Judge Arun Subramanian on 12/11/2024) (jca)
***SELECTED PARTIES*** LETTER MOTION for Conference (Pre-Motion Conference for Discovery) addressed to Judge Arun Subramanian from Sigrid McCawley dated December 9, 2024. Document filed by Jane Doe 3, Jane Doe 3, Darren K. Indyke, Richard D. Kahn, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Appendix Supplemental Appendix 1, # (2) Exhibit A- Email Correspondence, # (3) Exhibit B- HBRK_JD3_149293, # (4) Exhibit C- KAHN_00067490, # (5) Exhibit D- KAHN_00101413, # (6) Exhibit E- JEE_Doe3_089570, # (7) Exhibit F- HBRK_JD3_218420, # (8) Exhibit H-Indyke_Doe3_050574)Motion or Order to File Under Seal: [332].(McCawley, Sigrid)
LETTER MOTION to Seal Letter Motion for Conference with Exhibits and Supplemental Appendix addressed to Judge Arun Subramanian from Sigrid McCawley dated December 9, 2024. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
***SELECTED PARTIES***RULE 56.1 STATEMENT., RESPONSE re: [315] Counter Statement to Rule 56.1 . Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [326].(Weiner, Daniel)
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: [252] MOTION for Summary Judgment . . Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [326].(Weiner, Daniel)
REPLY MEMORANDUM OF LAW in Support re: [252] MOTION for Summary Judgment . (Estate Action). Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: [252] MOTION for Summary Judgment . . Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [326].(Weiner, Daniel)
REPLY MEMORANDUM OF LAW in Support re: [252] MOTION for Summary Judgment . (Class Action). Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated December 9, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
***SELECTED PARTIES***DECLARATION of Daniel H. Weiner in Support re: [293] MOTION to Exclude the Proposed Testimony of Jane Khodarkovsky .. Document filed by All Parties. (Attachments: # (1) Exhibit - 1, # (2) Exhibit - 2)Motion or Order to File Under Seal: [64].(Weiner, Daniel)
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: [293] MOTION to Exclude the Proposed Testimony of Jane Khodarkovsky . . Document filed by All Parties. Motion or Order to File Under Seal: [64].(Weiner, Daniel)
DECLARATION of Daniel H. Weiner in Support re: [293] MOTION to Exclude the Proposed Testimony of Jane Khodarkovsky .. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit - 1, # (2) Exhibit - 2).(Weiner, Daniel)
REPLY MEMORANDUM OF LAW in Support re: [293] MOTION to Exclude the Proposed Testimony of Jane Khodarkovsky . . Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated December 6, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
MEMO ENDORSEMENT on re: [172] LETTER MOTION to Seal addressed to Judge Arun Subramanian from Sigrid McCawley dated October 7, 2024. filed by Jane Doe 3, Jane Doe 3. ENDORSEMENT: GRANTED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 65. (Signed by Judge Arun Subramanian on 12/5/2024) (jjc)
MEMORANDUM OF LAW in Opposition re: [293] MOTION to Exclude the Proposed Testimony of Jane Khodarkovsky . . Document filed by Jane Doe 3. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C).(McCawley, Sigrid)
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: [293] MOTION to Exclude the Proposed Testimony of Jane Khodarkovsky . . Document filed by Jane Doe 3, Jane Doe 3, Darren K. Indyke, Richard D. Kahn, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A- Khodarkovsky Deposition Transcript, # (2) Exhibit B- Klein Deposition Exhibits, # (3) Exhibit C- Klein Deposition Exhibits)Motion or Order to File Under Seal: [317].(McCawley, Sigrid)
LETTER MOTION to Seal Plaintiff Jane Doe 3's Memorandum of Law in Opposition to Defendants' Daubert Motion to Exclude with Exhibits addressed to Judge Arun Subramanian from Sigrid McCawley dated December 3, 2024. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated December 2, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
***SELECTED PARTIES***COUNTER STATEMENT TO [259] Rule 56.1 Statement, [260] Rule 56.1 Statement. Document filed by Jane Doe 3, Darren K. Indyke, Richard D. Kahn. Motion or Order to File Under Seal: [302].(McCawley, Sigrid)
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: [252] MOTION for Summary Judgment . (Class Action). Document filed by Jane Doe 3, Darren K. Indyke, Richard D. Kahn. Motion or Order to File Under Seal: [302].(McCawley, Sigrid)
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: [252] MOTION for Summary Judgment . . Document filed by Jane Doe 3, Darren K. Indyke, Richard D. Kahn. Motion or Order to File Under Seal: [302].(McCawley, Sigrid)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Sigrid McCawley dated November 25, 2024. Document filed by Jane Doe 3..(McCawley, Sigrid)
REPLY MEMORANDUM OF LAW in Support re: [249] MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-Wide Damages. (Public version). Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: [249] MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-Wide Damages. . Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [299].(Ruzumna, Daniel)
LETTER MOTION to Seal Defendants' Reply Memorandum of Law in Support of their Daubert Motion to Exclude Marianne DeMario's Opinions regarding Class-Wide Damages addressed to Judge Arun Subramanian from Daniel Ruzumna dated November 25, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
***SELECTED PARTIES***DECLARATION of Daniel H. Weiner in Support re: [293] MOTION to Exclude the Proposed Testimony of Jane Khodarkovsky .. Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)Motion or Order to File Under Seal: [64].(Weiner, Daniel)
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: [293] MOTION to Exclude the Proposed Testimony of Jane Khodarkovsky . . Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [64].(Weiner, Daniel)
DECLARATION of Daniel H. Weiner in Support re: [293] MOTION to Exclude the Proposed Testimony of Jane Khodarkovsky .. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4).(Weiner, Daniel)
MEMORANDUM OF LAW in Support re: [293] MOTION to Exclude the Proposed Testimony of Jane Khodarkovsky . . Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
ORDER granting [288] Letter Motion for Discovery. SO ORDERED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 288. (Signed by Judge Arun Subramanian on 11/18/20024) (ar)
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: [249] MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-Wide Damages., [246] MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-wide Damage. . Document filed by Jane Doe 3, Jane Doe 3, Darren K. Indyke, Richard D. Kahn, Darren K. Indyke, Richard D. Kahn. Motion or Order to File Under Seal: [289].(McCawley, Sigrid)
MEMORANDUM OF LAW in Opposition re: [249] MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-Wide Damages., [246] MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-wide Damage. . Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
LETTER MOTION to Seal Memorandum of Law in Opposition to Defendants' Daubert Motion to Exclude addressed to Judge Arun Subramanian from Sigrid McCawley dated November 18, 2024. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
LETTER MOTION for Discovery Letter motion for leave for deposition of Doe's husband to take place after November 30, 2024 (see Dkt. 225) addressed to Judge Arun Subramanian from Sigrid S. McCawley dated November 18, 2024. Document filed by Jane Doe 3..(McCawley, Sigrid)
LETTER MOTION to Seal Exhibit A to the Declaration of Sigrid McCawley (ECF 283-1) addressed to Judge Arun Subramanian from Daniel S. Ruzumna dated November 18, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
MEMO ENDORSEMENT on re: (284 in 1:24-cv-01204-AS) Letter filed by Darren K. Indyke, Richard D. Kahn. ENDORSEMENT: Defendants' proposed briefing scheduled is adopted. SO ORDERED. ( Motions due by 11/19/2024., Replies due by 12/9/2024., Responses due by 12/3/2024) (Signed by Judge Arun Subramanian on 11/15/2024) Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS (vfr)
LETTER addressed to Judge Arun Subramanian from Daniel H. Weiner, dated November 15, 2024 re: Briefing Schedule for Daubert Motion to Exclude Khodarkovsky Opinions. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
***SELECTED PARTIES***REPLY AFFIRMATION of Sigrid McCawley in Support re: [193] MOTION to Amend/Correct [1] Complaint (Motion to Amend Complaint).. Document filed by Jane Doe 3, Jane Doe 3, Darren K. Indyke, Richard D. Kahn, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A-JEE_Doe3_003010)Motion or Order to File Under Seal: [280].(McCawley, Sigrid)
REPLY AFFIRMATION of Sigrid McCawley in Support re: [193] MOTION to Amend/Correct [1] Complaint (Motion to Amend Complaint).. Document filed by Jane Doe 3, Jane Doe 3. (Attachments: # (1) Exhibit A (Slipsheet)).(McCawley, Sigrid)
REPLY MEMORANDUM OF LAW in Support re: [193] MOTION to Amend/Correct [1] Complaint (Motion to Amend Complaint). . Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
LETTER MOTION to Seal Declaration of Sigrid McCawley in Support of Plaintiff's Motion to Amend with Exhibit A addressed to Judge Arun Subramanian from Sigrid McCawley dated November 13, 2024. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
ORDER denying [276] Letter Motion to Compel; denying [275] Letter Motion to Compel; granting [274] Letter Motion to Seal. The motion is DENIED as untimely. Discovery closed on November 6, 2024. "A party ordinarily must file a motion to compel before the close of discovery and if it fails to do so, the motion will be deemed untimely." See Owen v. No Parking Today, Inc., 280 F.R.D. 106, 112 (S.D.N.Y. 2011). So defendants' motion "fails for this reason alone." Id. at 112-13. Moreover, defendants had multiple opportunities to raise this issue earlier at one of the many discovery conferences the Court held with the parties, so the Court sees no reason to overlook the delay. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 275 and 276. The Clerk of Court is also respectfully directed to terminate the corresponding motion to seal at ECF No. 274, which is granted. SO ORDERED. (Signed by Judge Arun Subramanian on 11/13/2024) (vfr)
ORDER granting [222] Letter Motion to Seal; granting [224] Letter Motion to Compel. Pending before the Court is Doe 3's motion to compel disclosure of certain communications withheld by defendant Darren Indyke. After in camera review of a fraction of the challenged documents, the Court orders the production of documents regarding green cards, payments, or marriage or divorce arrangements in connection with a purported victim identified in Doe 3's motion to compel. This means that Indyke must produce the following documents from the Court's in camera review: 1st Log No. 297, 1st Log 389, 1st Log No. 318, and 2nd Log No. 5. 1st Log. No. 191 also falls into this category, but the Court understands that it already has been produced to Doe 3. Indyke must produce any document that meets the above parameters, even if it wasn't provided to the Court for in camera review, by November 22, 2024. This order does not constitute a finding that any documents ordered disclosed proves any actionable conduct in this case or will be admissible at trial. The Clerk of Court is respectfully requested to terminate Dkt. 224 and the corresponding motion to seal, Dkt. 222, which is granted. SO ORDERED. (Signed by Judge Arun Subramanian on 11/13/2024) (vfr)
MEMO ENDORSEMENT on re: [272] Letter denying [231] Motion for Discovery; denying [232] Motion for Discovery. ENDORSEMENT: Application GRANTED. Because Doe has agreed to voluntarily produce her husband for a deposition over Zoom, defendants' motion for issuance of a letter of request for international judicial assistance is DENIED. The deposition will be limited to a maximum of four hours. The Clerk of Court is respectfully directed to terminate Dkts. 231 and 232. SO ORDERED. (Signed by Judge Arun Subramanian on 11/12/2024) (vfr)
LETTER MOTION to Compel Plaintiff's to Produce Social Media Documents (Public version) addressed to Judge Arun Subramanian from Daniel Ruzumna dated November 11, 2024. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A, to the Letter motion to compel (filed under seal), # (2) Exhibit B, to the Letter motion to compel (filed under seal), # (3) Exhibit C, to the Letter motion to compel, # (4) Exhibit D, to the Letter motion to compel (filed under seal), # (5) Exhibit E, to the Letter motion to compel (filed under seal), # (6) Exhibit F, to the Letter motion to compel (filed under seal), # (7) Exhibit G, to the Letter motion to compel (filed under seal)).(Ruzumna, Daniel)
***SELECTED PARTIES*** LETTER MOTION to Compel Plaintiff's to Produce Social Media Documents addressed to Judge Arun Subramanian from Daniel Ruzumna dated November 11, 2024. Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. (Attachments: # (1) Exhibit A, to the Letter motion to compel, # (2) Exhibit B, to the Letter motion to compel, # (3) Exhibit C, to the Letter motion to compel, # (4) Exhibit D, to the Letter motion to compel, # (5) Exhibit E, to the Letter motion to compel, # (6) Exhibit F, to the Letter motion to compel, # (7) Exhibit G, to the Letter motion to compel)Motion or Order to File Under Seal: [274].(Ruzumna, Daniel)
LETTER MOTION to Seal a motion to compel and certain exhibits addressed to Judge Arun Subramanian from Daniel Ruzumna dated November 11, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
LETTER MOTION for Leave to File Corrected Declaration of Daniel H. Weiner addressed to Judge Arun Subramanian from Daniel H. Weiner, dated November 8, 2024. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A - Corrected Weiner Declaration, # (2) Exhibit B - Redline of Corrected Weiner Declaration).(Weiner, Daniel)
LETTER addressed to Judge Arun Subramanian from Sigrid S. McCawley dated November 8, 2024 re: November 7 Order (Dkt. 268). Document filed by Jane Doe 3..(McCawley, Sigrid)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Andrew Villacastin dated November 7, 2024 re: 10/10/2024 Court Order (Dkt. 178) with Plaintiff's Proposed Redactions to 10/9/2024 Transcript. Document filed by Jane Doe 3, Darren K. Indyke, Richard D. Kahn, Jane Doe 3, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A - 10-9-2024 Transcript with Proposed Redactions)Motion or Order to File Under Seal: [178].(Villacastin, Andrew)
LETTER addressed to Judge Arun Subramanian from Andrew Villacastin dated November 7, 2024 re: 10/10/2024 Court Order (Dkt. 178) with Plaintiff's Proposed Redactions to 10/9/2024 Transcript. Document filed by Jane Doe 3, Jane Doe 3. (Attachments: # (1) Exhibit A (Slipsheet)).(Villacastin, Andrew)
ORDER terminating [201] Letter Motion for Conference re: [228] LETTER MOTION for Conference re: [225] Order on Motion to Seal Order on Motion for Conference, re: Motion for Reconsideration addressed to Judge Arun Subramanian from Sigrid S. McCawley dated October 30, 2024, [229] LETTER MOTION for Conference re: [225] Order on Motion to Seal Order on Motion for Conference Motion for Reconsideration addressed to Judge Arun Subramanian from Sigrid S. McCawley dated October 30, 2024. ; terminating [202] Letter Motion for Conference ; granting [218] Letter Motion to Seal; denying [228] Letter Motion for Conference ; denying [229] Letter Motion for Conference ; denying [233] Letter Motion for Conference ; denying [234] Letter Motion for Conference ; granting [240] Letter Motion to Seal. Pending before the Court is Does motion to reconsider the Courts order granting reconsideration. Dkts. 228 and 229. The Court therefore DENIES Does motion to reconsider, Dkts. 228 and 229. As for defendants motion to strike a substantial portion of Does rebuttal expert report, Dkts. 233 and 234, the Court DENIES this motion, but it will keep the defendants concerns in mind when deciding the underlying motion and will exclude any improper portions of the report from its consideration. The motions to seal at Dkts. 218 and 240 are GRANTED. The Court will address Does motion to compel defendant Indyke to produce withheld communications, Dkt. 224, by separate order. The Clerk of Court is respectfully directed to terminate the motions at Dkts. 218, 228, 229, 233, 234, and 240. The Clerk of Court is also respectfully directed to terminate the motions at Dkts. 201 and 202, which were dealt with at Dkt. 225. (Signed by Judge Arun Subramanian on 11/7/2024) (jjc)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Sigrid McCawley dated November 6, 2024. Document filed by Jane Doe 3..(McCawley, Sigrid)
MEMORANDUM OF LAW in Opposition re: [193] MOTION to Amend/Correct [1] Complaint (Motion to Amend Complaint). . Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: [252] MOTION for Summary Judgment . (Estate). Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [253].(Weiner, Daniel)
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: [252] MOTION for Summary Judgment . (Class Action). Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [253].(Weiner, Daniel)
MEMORANDUM OF LAW in Support re: [252] MOTION for Summary Judgment . (Class Action). Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [253].(Weiner, Daniel)
***SELECTED PARTIES***DECLARATION of Richard Kahn in Support re: [252] MOTION for Summary Judgment .. Document filed by Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [253].(Weiner, Daniel)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated November 4, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
MOTION for Summary Judgment . Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
251
Filed: 11/4/2024, Entered: 11/4/2024
Declaration in Support of Motion
DECLARATION of Daniel Ruzumna in Support re: [249] MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-Wide Damages.. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A, to the Ruzumna declaration (filed under seal), # (2) Exhibit B, to the Ruzumna declaration (filed under seal), # (3) Exhibit C, to the Ruzumna declaration (filed under seal), # (4) Exhibit D, to the Ruzumna declaration (filed under seal)).(Ruzumna, Daniel)
MEMORANDUM OF LAW in Support re: [249] MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-Wide Damages. (Redacted). Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-Wide Damages. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
***SELECTED PARTIES***DECLARATION of Daniel Ruzumna in Support re: [246] MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-wide Damage.. Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. (Attachments: # (1) Exhibit A, to the Ruzumna declaration, # (2) Exhibit B, to the Ruzumna declaration, # (3) Exhibit C, to the Ruzumna declaration, # (4) Exhibit D, to the Ruzumna declaration)Motion or Order to File Under Seal: [245].(Ruzumna, Daniel)
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: [246] MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-wide Damage. . Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [245].(Ruzumna, Daniel)
***SELECTED PARTIES*** MOTION to Preclude -- Defendants' Daubert Motion to Exclude Marianne DeMario's Opinions Regarding Class-wide Damage. Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3.Motion or Order to File Under Seal: [245].(Ruzumna, Daniel)
LETTER MOTION to Seal Defendants' Daubert Motion to Exclude Marianne DeMarios Opinions Regarding Class-wide Damage addressed to Judge Arun Subramanian from Daniel Ruzumna dated November 4, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
ORDER: Counsel for all parties shall appear for a conference with the Court on November 6, 2024 at 3:00 PM. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 592 052 087, followed by the pound (#) sign. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as Lead Trial Counsel. SO ORDERED. Telephone Conference set for 11/6/2024 at 03:00 PM before Judge Arun Subramanian. (Signed by Judge Arun Subramanian on 11/4/2024) (vfr)
MEMO ENDORSEMENT on re: (238 in 1:24-cv-01204-AS) Letter, filed by Jane Doe 3, Jane Doe 3. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 11/4/2024) Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS (vfr)
LETTER RESPONSE in Opposition to Motion addressed to Judge Arun Subramanian from Daniel Ruzumna dated November 1, 2024 re: [229] LETTER MOTION for Conference re: [225] Order on Motion to Seal,,,,,,,,,,,,,,,, Order on Motion for Conference,,,,,,,,,,,,,,, Motion for Reconsideration addressed to Judge Arun Subramanian from Sigrid S. McCawley dated October 30, 2024. (Redacted). Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A, to the Letter Response (filed under seal), # (2) Exhibit B, to the Letter Response (filed under seal), # (3) Exhibit C, to the Letter Response (filed under seal), # (4) Exhibit D, to the Letter Response (filed under seal)).(Ruzumna, Daniel)
***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Arun Subramanian from Daniel Ruzumna dated November 1, 2024 re: [229] LETTER MOTION for Conference re: [225] Order on Motion to Seal,,,,,,,,,,,,,,,, Order on Motion for Conference,,,,,,,,,,,,,,, Motion for Reconsideration addressed to Judge Arun Subramanian from Sigrid S. McCawley dated October 30, 2024. . Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. (Attachments: # (1) Exhibit A, to the Letter Response, # (2) Exhibit B, to the Letter Response, # (3) Exhibit C, to the Letter Response, # (4) Exhibit D, to the Letter Response)Motion or Order to File Under Seal: [240].(Ruzumna, Daniel)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel Ruzumna dated November 1, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Andrew Villacastin dated October 31, 2024 re: 10/3/2024 Court Order (Dkt. 167) with Plaintiff's Proposed Redactions to 10/2/2024 Transcript. Document filed by Jane Doe 3, Darren K. Indyke, Richard D. Kahn, Jane Doe 3, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A - 10.2.2024 Transcript with proposed redactions)Motion or Order to File Under Seal: [167].(Villacastin, Andrew)
LETTER addressed to Judge Arun Subramanian from Andrew Villacastin dated October 31, 2024 re: 10/3/2024 Court Order (Dkt. 167) with Plaintiff's Proposed Redactions to 10/2/2024 Transcript. Document filed by Jane Doe 3, Jane Doe 3. (Attachments: # (1) Exhibit A (Slipsheet)).(Villacastin, Andrew)
LETTER RESPONSE in Opposition to Motion addressed to Judge Arun Subramanian from Sigrid McCawley dated October 31, 2024 re: [233] LETTER MOTION for Conference re Defendants request that the Court strike a substantial portion of the Rebuttal Expert Report of Jane Khodarkovsky dated October 26, 2024 as improper rebuttal. addressed to Judge Arun Subramanian from Daniel H., [234] LETTER MOTION for Conference re Defendants request that the Court strike a substantial portion of the Rebuttal Expert Report of Jane Khodarkovsky dated October 26, 2024 as improper rebuttal. addressed to Judge Arun Subramanian from Daniel H. . Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
ORDER with respect to [229] Letter Motion for Conference. Defendants should respond by November 1, 2024, explaining why plaintiff's proposed jury instruction isn't enough. Plaintiff is offering to drop her request for any emotional distress damages associated with her marriage. That seems sufficient, in the Court's view, to alleviate the bulk of defendants' concerns. The Court understands that defendants want to ask Doe's husband about what she said in 2014, too, but is this really so important to defendants' case that it warrants another international trip? SO ORDERED. (Signed by Judge Arun Subramanian on 10/31/2024) (vfr)
***SELECTED PARTIES*** LETTER MOTION for Conference re Defendants request that the Court strike a substantial portion of the Rebuttal Expert Report of Jane Khodarkovsky dated October 26, 2024 as improper rebuttal. addressed to Judge Arun Subramanian from Daniel H. Weiner dated October 30, 2024. Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. (Attachments: # (1) Exhibit A, # (2) Exhibit B)Motion or Order to File Under Seal: [64].(Weiner, Daniel)
LETTER MOTION for Conference re Defendants request that the Court strike a substantial portion of the Rebuttal Expert Report of Jane Khodarkovsky dated October 26, 2024 as improper rebuttal. addressed to Judge Arun Subramanian from Daniel H. Weiner dated October 30, 2024. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A, # (2) Exhibit B).(Weiner, Daniel)
MOTION for Discovery /for Issuance of Letter of Request for International Judicial Assistance to Obtain Evidence. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
***SELECTED PARTIES*** MOTION for Discovery /for Issuance of Letter of Request for International Judicial Assistance to Obtain Evidence. Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3.Motion or Order to File Under Seal: [96].(Weiner, Daniel)
LETTER addressed to Judge Arun Subramanian from Sigrid S. McCawley dated October 30, 2024 re: pursuant to ECF Rule 21.7. Document filed by Jane Doe 3..(McCawley, Sigrid)
LETTER MOTION for Conference re: [225] Order on Motion to Seal,,,,,,,,,,,,,,,, Order on Motion for Conference,,,,,,,,,,,,,,, Motion for Reconsideration addressed to Judge Arun Subramanian from Sigrid S. McCawley dated October 30, 2024. Document filed by Jane Doe 3..(McCawley, Sigrid)
LETTER MOTION for Conference re: [225] Order on Motion to Seal,,,,,,,,,,,,,,,, Order on Motion for Conference,,,,,,,,,,,,,,, re: Motion for Reconsideration addressed to Judge Arun Subramanian from Sigrid S. McCawley dated October 30, 2024. Document filed by Jane Doe 3..(McCawley, Sigrid)
ORDER granting [223] Letter Motion to Compel Doe should pick twenty documents for the Court to review in camera and inform defendants by tomorrow, October 30, 2024, which documents they have chosen. By November 1, 2024, defendants should furnish those documents to the Court by email for in-camera review. Defendant may also provide an ex parte submission to the Court explaining why the documents are validly privileged. SO ORDERED.. (Signed by Judge Arun Subramanian on 10/29/2024) (jca)
ORDER granting [215] Letter Motion to Seal; granting [216] Letter Motion for Conference. GRANTED. Federal Rule of Civil Procedure 45(d)(3) provides that "[o]n timely motion, the court for the district where compliance is required must quash or modify a subpoena that... fails to allow a reasonable time to comply... or... subjects a personto undue burden." Fed. R. Civ. P. 45(d)(3). " [N]otice of a week or less has generallybeen considered unreasonable." Angelo, Gordon & Co., L.P. v. MTE Holdings, LLC, 2020 WL 4700910, at *2 (S.D.N.Y. 2020). Here, Doe served the subpoena on October 21, 2024, while discovery was set to close on October 28, 2024. So the subpoena is presumptively unreasonable. After the subpoena was served, the Court extended discovery to November 6, 2024 for unrelated reasons. ECF No. 208. Even so, quashing is also appropriate because the subpoena is "unnecessary, duplicative, and seeks information... [either] available from other sources" or not available at all. Angelo, 2020 WL 4700910, at *3. All three individuals who HBRK would offer as or use to educate Rule 30(b)(6) representatives have been or are being deposed in their individual capacities. Richard Kahn already has testified to HBRK's recordkeeping practices, and the other two have invoked their Fifth Amendment privilege. "This court cannot directly compel [individuals] to testify in a manner inconsistent with their Fifth Amendment privilege," even if they are testifying as a corporate representative. See City of Chicago v. Reliable Truck Parts Co., Inc., 768 F. Supp. 642, 646 (N.D. Ill. 1991). The corresponding motion to seal is granted. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 215 and 216. SO ORDERED. (Signed by Judge Arun Subramanian on 10/28/2024) (tg)
ORDER granting [200] Letter Motion to Seal; granting [210] Letter Motion to Seal; granting [211] Letter Motion for Conference ; granting [212] Letter Motion for Conference. Defendants' motion for reconsideration is GRANTED. The Court agrees that the marital-communicationsprivilege cannot be invoked with respect to pre-marital communications or observations about Doe. Of course, to the extent any testimony is elicited that is privileged, it won't be allowed in at trial or considered on any motion. The Court also agrees that Doe put her relationship with her husband at issue by seeking damages in the form of treatment costs to address the harm that Epstein's abuse caused her relationship, among other things. The Court does not see defendants' request as an attempt to pressure Doe into dropping the lawsuit, but rather an attempt to defend themselves, which they are entitled to do. That said, defendants have agreed to drop this request if Doe withdraws her request for emotional distress and treatment costs, and Doe has agreed to stipulate that she and her husband had a good relationship. So the parties should see if they can reach an agreement that would obviate the need for Doe's husband's testimony. If not, defendants should submit a letter rogatory to the Court by October 31, 2024. Given the administrative difficulties associated with coordinating with a foreign government and traveling abroad, defendants will have until November 30, 2024, to take Doe's husband's testimony. The corresponding motions to seal are granted. The Clerk of Court is respectfully directed to terminate the motions at ECF No. 200, 201, 202, 210, 211, and 212. SO ORDERED. (Signed by Judge Arun Subramanian on 10/28/2024) (tg)
***SELECTED PARTIES*** LETTER MOTION to Compel Defendant Indyke to disclosure of withheld communications under the crime fraud exception identified in Appendix 1 addressed to Judge Arun Subramanian from Sigrid McCawley dated October 28, 2024. Document filed by Jane Doe 3, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Appendix 1 - to Motion to Compel, # (2) Exhibit A - Declaration, # (3) Exhibit B - Deficiency Letter (Highlights), # (4) Exhibit C - Part 1 Composite Privilege Log and MetaData Log, # (5) Exhibit C - Part 2 Composite Privilege Log and MetaData Log, # (6) Exhibit C - Part 3 Composite Privilege Log and MetaData Log, # (7) Exhibit C - Part 4 Composite Privilege Log and MetaData Log, # (8) Exhibit C - Part 5 Composite Privilege Log and MetaData Log)Motion or Order to File Under Seal: [222].(McCawley, Sigrid)
LETTER MOTION to Compel Defendant Indyke to disclosure of withheld communications under the crime fraud exception identified in Appendix 1 addressed to Judge Arun Subramanian from Sigrid McCawley dated October 28, 2024. Document filed by Jane Doe 3. (Attachments: # (1) Appendix 1 - Slipsheet, # (2) Exhibit A - Slipsheet, # (3) Exhibit B - Deficiency Letter_Redacted, # (4) Exhibit C - Slipsheet).(McCawley, Sigrid)
LETTER MOTION to Seal Plaintiffs letter Motion to Compel and Exhibit B, and entirely under seal Appendix 1 and Exhibit A and Exhibit C to the Plaintiffs Motion to Compel addressed to Judge Arun Subramanian from Sigrid McCawley dated October 28, 2024. Document filed by Jane Doe 3..(McCawley, Sigrid)
LETTER MOTION to Seal (Letter motion for continued sealing of Defendants' letter motion and under seal Exhibit E at Dkt. 211) addressed to Judge Arun Subramanian from Sigrid McCawley dated October 28, 2024. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Arun Subramanian from Sigrid McCawley dated October 25, 2024 re: [212] LETTER MOTION for Conference to address Defendants' request for reconsideration (redacted) addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 23, 2024., [211] LETTER MOTION for Conference to address Defendants' request for reconsideration addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 23, 2024. . Document filed by Jane Doe 3, Jane Doe 3, Darren K. Indyke, Richard D. Kahn, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A- JD3 Depo Transcript Excerpts, # (2) Exhibit B- JD3 Father Depo Transcript Excerpts, # (3) Exhibit C- JD3 Mother Depo Transcript Excerpts, # (4) Exhibit D- JD3 Friend Depo Transcript Excerpt, # (5) Exhibit E- Raghavan Expert Report)Motion or Order to File Under Seal: [218].(McCawley, Sigrid)
LETTER RESPONSE in Opposition to Motion addressed to Judge Arun Subramanian from Sigrid McCawley dated October 25, 2024 re: [212] LETTER MOTION for Conference to address Defendants' request for reconsideration (redacted) addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 23, 2024., [211] LETTER MOTION for Conference to address Defendants' request for reconsideration addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 23, 2024. . Document filed by Jane Doe 3, Jane Doe 3. (Attachments: # (1) Exhibit A (Slipsheet), # (2) Exhibit B (Slipsheet), # (3) Exhibit C (Slipsheet), # (4) Exhibit D (Slipsheet), # (5) Exhibit E (Slipsheet)).(McCawley, Sigrid)
LETTER MOTION to Seal Opposition to Defendants' Request for Court to Reconsider addressed to Judge Arun Subramanian from Sigrid McCawley dated October 25, 2024. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 24, 2024 re: Sealed exhibits to the letter motion for conference [216]. Document filed by Jane Doe 3, Darren K. Indyke, HBRK Associates Inc., Richard D. Kahn. (Attachments: # (1) Exhibit A, to letter, # (2) Exhibit B, to letter, # (3) Exhibit C, to letter, # (4) Exhibit D, to letter)Motion or Order to File Under Seal: [215].(Ruzumna, Daniel)
LETTER MOTION for Conference to address Plaintiff's October 21, 2024 subpoena to non-party HBRK Associates addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 24, 2024. Document filed by HBRK Associates Inc.. (Attachments: # (1) Exhibit A, (public), # (2) Exhibit B, (redacted), # (3) Exhibit C, (filed under seal), # (4) Exhibit D, (redacted)).(Ruzumna, Daniel)
LETTER MOTION to Seal or redact certain exhibits to its October 24, 2024 letter addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 24, 2024. Document filed by HBRK Associates Inc...(Ruzumna, Daniel)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 24, 2024 re: Sealed exhibits to the motion to seal [213]. Document filed by Jane Doe 3, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit G, Sealed, # (2) Exhibit I, Sealed, # (3) Exhibit J, Sealed, # (4) Exhibit K, Sealed, # (5) Exhibit L, Sealed)Motion or Order to File Under Seal: [213].(Ruzumna, Daniel)
LETTER MOTION to Seal or redact certain exhibits to the Declaration of Sigrid McCawley [199] addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 24, 2024. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit G, Public, # (2) Exhibit I, Public, # (3) Exhibit J, Public, # (4) Exhibit K, Public, # (5) Exhibit L, Public).(Ruzumna, Daniel)
LETTER MOTION for Conference to address Defendants' request for reconsideration (redacted) addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 23, 2024. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A, to the Letter motion (public), # (2) Exhibit B, to the Letter motion (redacted), # (3) Exhibit C, to the Letter motion (filed under seal), # (4) Exhibit D, to the Letter motion (filed under seal), # (5) Exhibit E, to the Letter motion (filed under seal), # (6) Exhibit F, to the Letter motion (filed under seal), # (7) Exhibit G, to the Letter motion (filed under seal)).(Ruzumna, Daniel)
***SELECTED PARTIES*** LETTER MOTION for Conference to address Defendants' request for reconsideration addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 23, 2024. Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. (Attachments: # (1) Exhibit A, to the Letter motion, # (2) Exhibit B, to the Letter motion, # (3) Exhibit C, to the Letter motion, # (4) Exhibit D, to the Letter motion, # (5) Exhibit E, to the Letter motion, # (6) Exhibit F, to the Letter motion, # (7) Exhibit G, to the Letter motion)Motion or Order to File Under Seal: [210].(Ruzumna, Daniel)
LETTER MOTION to Seal a letter motion and certain exhibits addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 23, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
MEMO ENDORSEMENT on re: [203] Letter filed by Darren K. Indyke, Richard D. Kahn. ENDORSEMENT: Application granted. The Clerk of Court is respectfully directed to seal ECF Nos. 201 and 202 and restrict viewing access to the Court. SO ORDERED. (Signed by Judge Arun Subramanian on 10/23/2024) (vfr)
ORDER granting [206] Letter Motion for Leave to File Document. GRANTED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 206. SO ORDERED. (Signed by Judge Arun Subramanian on 10/24/2024) (ar)
MEMO ENDORSEMENT on re: [205] Letter filed by Darren K. Indyke, Richard D. Kahn. ENDORSEMENT: GRANTED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 205. SO ORDERED. (Signed by Judge Arun Subramanian on 10/24/2024) (ar)
LETTER MOTION for Leave to File Rebuttal to the Expert Report of Gail. E. Cohen addressed to Judge Arun Subramanian from Sigrid McCawley dated 10/23/24. Document filed by Jane Doe 3. (Attachments: # (1) Exhibit A - Expert Report of Gail E. Cohen).(McCawley, Sigrid)
LETTER addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 23, 2024 re: pursuant to ECF Rule 21.7. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
ORDER with respect to [202] Letter Motion for Conference Plaintiff should file any opposition to this motion by October 25, 2024. SO ORDERED. (Signed by Judge Arun Subramanian on 10/23/2024) (jca)
LETTER addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 23, 2024 re: pursuant to ECF Rule 21.7. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
LETTER MOTION to Seal a letter motion for conference and certain exhibits addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 23, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
***SELECTED PARTIES***REPLY AFFIRMATION of Sigrid McCawley in Support re: [118] MOTION to Certify Class .. Document filed by Jane Doe 3, Jane Doe 3, Darren K. Indyke, Richard D. Kahn, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A- Indyke Depo Transcript Excerpts 2024.09.13, # (2) Exhibit B - Kahn Depo Transcript Excerpts 2024.10.10, # (3) Exhibit C- Indyke Promissory Notes, # (4) Exhibit D- Kahn Promissory Note, # (5) Exhibit E - KAHN_00013354, # (6) Exhibit F- Accounting Records, # (7) Exhibit G - Sponsorship Email, # (8) Exhibit H - Indyke_Doe3_006760, # (9) Exhibit I - Indyke_Doe3_004797, # (10) Exhibit J - HBRK_JD3_004278, # (11) Exhibit K - HBRK_JD3_004963, # (12) Exhibit L - HBRK_JD3_005417, # (13) Exhibit M - JD3 Depo Transcript Excerpts 2024.09.23)Motion or Order to File Under Seal: [195].(McCawley, Sigrid)
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: [118] MOTION to Certify Class . . Document filed by Jane Doe 3, Jane Doe 3, Darren K. Indyke, Richard D. Kahn, Darren K. Indyke, Richard D. Kahn. Motion or Order to File Under Seal: [195].(McCawley, Sigrid)
REPLY AFFIRMATION of Sigrid McCawley in Support re: [118] MOTION to Certify Class .. Document filed by Jane Doe 3, Jane Doe 3. (Attachments: # (1) Exhibit A (Slipsheet), # (2) Exhibit B (Slipsheet), # (3) Exhibit C (Slipsheet), # (4) Exhibit D (Slipsheet), # (5) Exhibit E (Slipsheet), # (6) Exhibit F (Slipsheet), # (7) Exhibit G (Slipsheet), # (8) Exhibit H (Slipsheet), # (9) Exhibit I (Slipsheet), # (10) Exhibit J (Slipsheet), # (11) Exhibit K (Slipsheet), # (12) Exhibit L (Slipsheet), # (13) Exhibit M (Slipsheet)).(McCawley, Sigrid)
LETTER MOTION to Seal Reply and Exhibits to Declaration of Sigrid McCawley in Support of Motion for Class Certification addressed to Judge Arun Subramanian from Sigrid McCawley dated October 21, 2024. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
MEMORANDUM OF LAW in Support re: [193] MOTION to Amend/Correct [1] Complaint (Motion to Amend Complaint). . Document filed by Jane Doe 3, Jane Doe 3. (Attachments: # (1) Exhibit A-Proposed Amended Complaint with Redlines).(McCawley, Sigrid)
ORDER granting [154] Letter Motion to Seal; granting [189] Letter Motion to Seal. GRANTED. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 154 and 189. SO ORDERED. (Signed by Judge Arun Subramanian on 10/18/2024) (ar)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Daniel S. Ruzumna dated October 17, 2024 re: Plaintiff Jane Doe 3's Pending Motion for Class Certification. Document filed by Darren K. Indyke, Jane Doe 3, Richard D. Kahn. (Attachments: # (1) Exhibit 1 - October 15, 2024 Stipulation and Order, # (2) Exhibit 2 - Frejka Declaration)Motion or Order to File Under Seal: [189].(Ruzumna, Daniel)
LETTER addressed to Judge Arun Subramanian from Daniel S. Ruzumna dated October 17, 2024 re: Plaintiff Jane Doe 3's Pending Motion for Class Certification (redacted). Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit 1 - October 15, 2024 Stipulation and Order, # (2) Exhibit 2 - Frejka Declaration).(Ruzumna, Daniel)
LETTER MOTION to Seal Request to Permit Redactions to Defendants' October 17, 2024 Letter and Sealing of Exhibit 2 Thereto addressed to Judge Arun Subramanian from Daniel S. Ruzumna dated October 17, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
ORDER granting [145] Letter Motion to Seal; denying without prejudice [153] Letter Motion for Conference ; denying without prejudice [155] Letter Motion for Conference ; granting [159] Letter Motion to Seal; granting [162] Letter Motion to Seal; granting [172] Letter Motion to Seal; granting [180] Letter Motion to Seal. Having been advised that defendants have agreed to hold in abeyance their third-party subpoena to Boies Schiller & Flexner LLP, defendants' motion to compel is hereby denied without prejudice. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 153 and 155. All pending motions to seal are granted. The Clerk of Court is respectfully directed to terminate ECF Nos. 145, 159, 162, 172, and 180. SO ORDERED. (Signed by Judge Arun Subramanian on 10/16/2024) (vfr)
MOTION for Megan Nyman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30038888. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jane Doe 3, Jane Doe 3. (Attachments: # (1) Affidavit Declaration of Megan Nyman, # (2) Exhibit Certificate of Good Standing, # (3) Proposed Order Proposed Order).(Nyman, Megan)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [185] MOTION for Megan Nyman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30038888. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
***SELECTED PARTIES***DECLARATION of Daniel Ruzumna in Opposition re: [118] MOTION to Certify Class .. Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. (Attachments: # (1) Exhibit A, to the Ruzumna declaration, # (2) Exhibit B, to the Ruzumna declaration, # (3) Exhibit C, to the Ruzumna declaration, # (4) Exhibit D, to the Ruzumna declaration, # (5) Exhibit E, to the Ruzumna declaration, # (6) Exhibit F, to the Ruzumna declaration, # (7) Exhibit G, to the Ruzumna declaration, # (8) Exhibit H, to the Ruzumna declaration, # (9) Exhibit I, to the Ruzumna declaration, # (10) Exhibit J, to the Ruzumna declaration, # (11) Exhibit K, to the Ruzumna declaration, # (12) Exhibit L, to the Ruzumna declaration, # (13) Exhibit M, to the Ruzumna declaration, # (14) Exhibit N, to the Ruzumna declaration, # (15) Exhibit O, to the Ruzumna declaration, # (16) Exhibit P, to the Ruzumna declaration, # (17) Exhibit Q, to the Ruzumna declaration, # (18) Exhibit R, to the Ruzumna declaration, # (19) Exhibit S, to the Ruzumna declaration)Motion or Order to File Under Seal: [180].(Ruzumna, Daniel)
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: [118] MOTION to Certify Class . . Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [180].(Ruzumna, Daniel)
DECLARATION of Daniel S. Ruzumna in Opposition re: [118] MOTION to Certify Class .. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A, to the Declaration of Daniel S. Ruzumna ) (filed under seal), # (2) Exhibit B, to the Declaration of Daniel S. Ruzumna (filed under seal), # (3) Exhibit C, to the Declaration of Daniel S. Ruzumna (filed under seal), # (4) Exhibit D, to the Declaration of Daniel S. Ruzumna (filed under seal), # (5) Exhibit E, to the Declaration of Daniel S. Ruzumna (filed under seal), # (6) Exhibit F, to the Declaration of Daniel S. Ruzumna (filed under seal), # (7) Exhibit G, to the Declaration of Daniel S. Ruzumna (filed under seal), # (8) Exhibit H, to the Declaration of Daniel S. Ruzumna (filed under seal), # (9) Exhibit I, to the Declaration of Daniel S. Ruzumna (filed under seal), # (10) Exhibit J, to the Declaration of Daniel S. Ruzumna (filed under seal), # (11) Exhibit K, to the Declaration of Daniel S. Ruzumna (filed under seal), # (12) Exhibit L, to the Declaration of Daniel S. Ruzumna (filed under seal), # (13) Exhibit M, to the Declaration of Daniel S. Ruzumna (filed under seal), # (14) Exhibit N, to the Declaration of Daniel S. Ruzumna (filed under seal), # (15) Exhibit O, to the Declaration of Daniel S. Ruzumna (filed under seal), # (16) Exhibit P, to the Declaration of Daniel S. Ruzumna (filed under seal), # (17) Exhibit Q, to the Declaration of Daniel S. Ruzumna (public version), # (18) Exhibit R, to the Declaration of Daniel S. Ruzumna (public version), # (19) Exhibit S, to the Declaration of Daniel S. Ruzumna (filed under seal)).(Ruzumna, Daniel)
LETTER MOTION to Seal the Opposition to Plaintiff's Motion for Class Certification and certain exhibits [118] addressed to Judge Arun Subramanian from Daniel Ruzumna dated October 14, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
ORDER: Further to the hearing held on October 9, 2024, plaintiff has advised the Court that it may soon move for leave to amend the complaint in this case to add a new named representative. Any forthcoming motion should address the following issues, AS FURTHER SET FORTH IN THIS ORDER. (Signed by Judge Arun Subramanian on 10/11/2024) (vfr)
LETTER addressed to Judge Arun Subramanian from Sigrid McCawley dated October 10, 2024 re: response to the Court's October 9, 2024, request for briefing regarding issues connected to Defendants' Subpoena to BSF. Document filed by Boies Schiller Flexner LLP..(McCawley, Sigrid)
LETTER addressed to Judge Arun Subramanian from Daniel Ruzumna dated Otobcer 10, 2024 re: Defendants' Subpoena to Boies Schiller Flexner. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A - Email Dated September 26, 2024).(Ruzumna, Daniel)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/26/24 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...Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Moya, Goretti)
TRANSCRIPT of Proceedings re: conference held on 6/26/2024 before Judge Arun Subramanian. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320. 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 10/31/2024. Redacted Transcript Deadline set for 11/12/2024. Release of Transcript Restriction set for 1/8/2025.Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Moya, Goretti)
ORDER: As discussed at today's hearing, the parties should each submit a letter, not to exceed three single-spaced pages, by noon tomorrow, October 10, 2024, explaining why Judge Rakoff's protective order in the bank litigations prevents Boies Schiller Flexner LLP from turning over the forms in BSF's possession, which it helped its clients submit to the claims administrator. The letters should also explain whether a law firm can be compelled to hand over a non-party client's documents. Could a law firm that specialized in taxes be compelled to produce their client's tax returns in another party's lawsuit? Plaintiff also raised the possibility of amending the complaint to add another named representative. As discussed at the hearing, plaintiff should send a redlined complaint to defendants by noon tomorrow, October 10, 2024. The parties should meet and confer by Monday, October 14, 2024, to see whether they can jointly agree on a path forward. If not, plaintiff should file a motion to amend by Friday, October 18, 2024. Defendants' opposition brief will be due November 6, 2024, and plaintiff's reply brief will be due by November 13, 2024. The transcript of today's hearing is hereby sealed pending further order of the Court. SO ORDERED. ( Motions due by 10/18/2024., Replies due by 11/13/2024., Responses due by 11/6/2024) (Signed by Judge Arun Subramanian on 10/9/2024) (vfr) Transmission to Sealed Records Clerk for processing.
***SELECTED PARTIES*** ENDORSED LETTER addressed to Judge Arun Subramanian from Ebba Hedin. ENDORSEMENT: The parties are hereby advised that the Court received the following letter. The Clerk of Court is respectfully directed to file this letter under seal and limit viewing access to the parties. SO ORDERED. (Signed by Judge Arun Subramanian on 10/9/2024) (vfr)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Sigrid McCawley dated October 7, 2024. Document filed by Jane Doe 3, Jane Doe 3.Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(McCawley, Sigrid)
ORDER: granting [168] Letter Motion to Seal. SO ORDERED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 168. (Signed by Judge Arun Subramanian on 10/04/2024) (ar) Modified on 10/8/2024 (ar).
ORDER: The parties are hereby advised that the Court has transmitted defendants' revised proposed responses, ECF No. 166, to the foreign government. (Signed by Judge Arun Subramanian on 10/3/2024) (vfr)
ORDER granting [131] Letter Motion to Seal; denying without prejudice [132] Letter Motion to Compel; denying without prejudice [133] Letter Motion to Compel. For the reasons discussed on the record at this afternoon's conference, plaintiff's motion to compel non-party Bella Klein to comply with plaintiff's subpoena, ECF Nos. 132 and 133, is denied without prejudice. Plaintiff's corresponding motion to seal the motion, ECF No. 131, is granted. The Court reserves judgment on defendants' motion to compel non-party Boies Schiller Flexner LLP ("BSF") to comply with defendants' subpoena, ECF Nos. 153 and 155. The parties shall meet and confer by Friday, October 4, 2024, to see if they can find a workable solution to get defendants the information they need to prepare their opposition to plaintiff's motion for class certification. Defendants' motion to seal this motion, ECF No. 154, is granted. The parties shall appear for another conference with the Court on Wednesday, October 9, 2024, at 1:00 PM. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 850 775 267, followed by the pound (#) sign. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as Lead Trial Counsel. Finally, the Court orders the transcript of this afternoon's conference to be filed under seal. Plaintiff has until November 1, 2024, to propose redactions to the transcript. If no objection is received by that time, the Court will order the transcript to be unsealed. SO ORDERED. (Signed by Judge Arun Subramanian on 10/3/2024) (vfr)
Filed: None, Entered: None
set/reset hearings
Set/Reset Hearings: Telephone Conference set for 10/9/2024 at 01:00 PM before Judge Arun Subramanian. (vfr)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Daniel H. Weiner, dated October 2, 2024 re: responses to questions on Letter of Request. Document filed by Jane Doe 3, Richard D. Kahn, Darren K. Indyke.Motion or Order to File Under Seal: [151].(Weiner, Daniel)
LETTER addressed to Judge Arun Subramanian from Daniel H. Weiner, dated October 2, 2024 re: revised responses to questions on Letter of Request. Document filed by Darren K. Indyke..(Weiner, Daniel)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Sigrid McCawley dated October 2, 2024 re: Discovery Status Update. Document filed by Darren K. Indyke, Jane Doe 3, Richard D. Kahn. (Attachments: # (1) Exhibit A - Email Correspondence SEALED)Motion or Order to File Under Seal: [162].(McCawley, Sigrid)
LETTER addressed to Judge Arun Subramanian from Sigrid McCawley dated October 2, 2024 re: Discovery Status Update. Document filed by Jane Doe 3. (Attachments: # (1) Exhibit A - Email Correspondence, # (2) Exhibit B - Letter Correspondence).(McCawley, Sigrid)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Sigrid McCawley dated October 2, 2024 re: Judge Subramanian's Order (Dkt. 157) for Plaintiff to file Objection to Defendant's Proposed Responses to Request for Clarification on the Letter Rogatory (Dkt. 149) by October 2, 2024 at 2:00 PM.. Document filed by Darren K. Indyke, Jane Doe 3, Richard D. Kahn.Motion or Order to File Under Seal: [159].(McCawley, Sigrid)
LETTER addressed to Judge Arun Subramanian from Sigrid McCawley dated October 2, 2024 re: Judge Subramanian's Order (Dkt. 157) for Plaintiff to file Objection to Defendant's Proposed Responses to Request for Clarification on the Letter Rogatory (Dkt. 149) by October 2, 2024 at 2:00 PM. REDACTED. Document filed by Jane Doe 3..(McCawley, Sigrid)
LETTER RESPONSE in Opposition to Motion addressed to Judge Arun Subramanian from Sigrid McCawley dated October 2, 2024 re: [153] LETTER MOTION for Conference (informal) to compel defendant to comply with a third-party subpoena (redacted) addressed to Judge Arun Subramanian from Daniel Ruzumna dated September 30, 2024. . Document filed by Boies Schiller Flexner LLP..(McCawley, Sigrid)
ORDER By October 2, 2024, at 2:00 PM, plaintiff should file its objection, if any, to defendants' proposed responses to the request for clarification on the letter rogatory, ECF No. 149. SO ORDERED. (Signed by Judge Arun Subramanian on 10/1/2024) Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS (jca)
LETTER addressed to Judge Arun Subramanian from Daniel H. Weiner, dated September 30, 2024 re: to (1) explain the basis to file under partial seal Plaintiffs Letter Motion to Compel and under seal Exhibits A, B, and C to the Declaration of Sigrid McCawley in Support of Plaintiffs Letter Motion to Compel (ECF No. 132); and (2) inform the Court that Defendants and HBRK believe that the proposed redactions in Plaintiffs Letter Motion to Compel and Exhibits B and C to the McCawley Declaration are proper.. Document filed by Darren K. Indyke..(Weiner, Daniel)
***SELECTED PARTIES*** LETTER MOTION for Conference (informal) to compel defendant to comply with a third-party subpoena addressed to Judge Arun Subramanian from Daniel Ruzumna dated September 30, 2024. Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. (Attachments: # (1) Exhibit E, Doe Depo Vol 1, # (2) Exhibit F, Doe Depo Vol 2, # (3) Exhibit G, Doe EXHIBIT 39)Motion or Order to File Under Seal: [154].(Ruzumna, Daniel)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel Ruzumna dated September 30, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
LETTER MOTION for Conference (informal) to compel defendant to comply with a third-party subpoena (redacted) addressed to Judge Arun Subramanian from Daniel Ruzumna dated September 30, 2024. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A, 2024.09.11 Notice of Subpoena to Boies Schiller, # (2) Exhibit B, 2024-09-25 ROs to Defendants Supoena on Nonparty BSF (002), # (3) Exhibit C, Deutsche Bank ECF 101, # (4) Exhibit D, JPMC ECF 234, # (5) Exhibit E, Slipsheet, # (6) Exhibit F, Slipsheet, # (7) Exhibit G, Slipsheet).(Ruzumna, Daniel)
LETTER addressed to Judge Arun Subramanian from Daniel H. Weiner dated September 30, 2024 re: Defendants Darren K. Indyke and Richard D. Kahn's Response to the September 26, 2024 Order (ECF No. 135).. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
ORDER denying [148] Letter Motion to Seal. Application denied. The Court filed the letter under seal consistent with the parties' efforts not to reveal Doe's home country. Defendants may redact any reference to the country in their response, but there is no reason to seal the response in full. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 148. SO ORDERED. (Signed by Judge Arun Subramanian on 9/30/2024) (vfr)
ORDER granting [125] Letter Motion to Seal; granting [126] Letter Motion to Compel; granting [128] Letter Motion to Compel; granting [137] Letter Motion to Seal. As discussed at today's conference on plaintiff's motion to compel, ECF No. 126, Monday, October 14, 2024, will be the completion deadline for document production in this case. The parties must negotiate in good faith to come up with search terms that are appropriately tailored to plaintiff's discovery requests, and defendants must promptly produce all responsive documents. The parties shall appear for another conference with the Court on Wednesday, October 2, 2024, at 3:00 PM to discuss their progress. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 168 667 410, followed by the pound (#) sign. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as Lead Trial Counsel. The Clerk of Court is respectfully directed to terminate ECF Nos. 126 and 128. Additionally, the parties' corresponding motions to seal are granted, so the Clerk of Court is respectfully directed to terminate ECF Nos. 125 and 137. SO ORDERED. (Signed by Judge Arun Subramanian on 9/30/2024) (vfr)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Daniel H Weiner dated September 30, 2024 re: Defendants Darren K. Indyke and Richard D. Kahn's Response to the September 26, 2024 Order (ECF No. 135).. Document filed by Jane Doe 3, Darren K. Indyke, Richard D. Kahn.Motion or Order to File Under Seal: [148].(Weiner, Daniel)
LETTER MOTION to Seal Defendants Darren K. Indyke and Richard D. Kahn's Response to the September 26, 2024 Order (ECF No. 135). addressed to Judge Arun Subramanian from Daniel H Weiner dated September 30, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Arun Subramanian from Daniel Ruzumna dated September 27, 2024 re: [133] LETTER MOTION to Compel Bella Klein to comply with Plaintiff's April 26, 2024 subpoenas addressed to Judge Arun Subramanian from Sigrid McCawley dated September 25, 2024. . Document filed by HBRK Associates Inc., Jane Doe 3, Darren K. Indyke, Richard D. Kahn, Bella Klein. Motion or Order to File Under Seal: [145].(Ruzumna, Daniel)
LETTER RESPONSE to Motion addressed to Judge Arun Subramanian from Daniel Ruzumna dated September 27, 2024 re: [133] LETTER MOTION to Compel Bella Klein to comply with Plaintiff's April 26, 2024 subpoenas addressed to Judge Arun Subramanian from Sigrid McCawley dated September 25, 2024. (Redacted). Document filed by HBRK Associates Inc...(Ruzumna, Daniel)
LETTER MOTION to Seal partially its letter in response to [133] addressed to Judge Arun Subramanian from Daniel Ruzumna dated September 27, 2024. Document filed by HBRK Associates Inc...(Ruzumna, Daniel)
DECLARATION of Fran Hoffinger in Opposition re: (132 in 1:24-cv-01204-AS) LETTER MOTION to Compel Bella Klein to comply with Plaintiff's April 26, 2024 subpoenas addressed to Judge Arun Subramanian from Sigrid McCawley dated September 25, 2024.. Document filed by Bella Klein. Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Hoffinger, Fran)
***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Arun Subramanian from Daniel H. Weiner dated September 26, 2024 re: [137] LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated September 26, 2024., [125] LETTER MOTION to Seal addressed to Judge Arun Subramanian from Sigrid McCawley dated September 23, 2024. . Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)Motion or Order to File Under Seal: [137].(Weiner, Daniel)
***SELECTED PARTIES***DECLARATION of Daniel H. Weiner in Opposition re: [137] LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated September 26, 2024., [126] LETTER MOTION to Compel Defendants Darren K. Indyke and Richard D. Kahn to Produce Documents Responsive to Plaintiffs First Requests for Production addressed to Judge Arun Subramanian from Sigrid McCawley dated September 23, 2024.. Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10)Motion or Order to File Under Seal: [137].(Weiner, Daniel)
***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Arun Subramanian from Daniel H. Weiner dated September 26, 2024 re: [126] LETTER MOTION to Compel Defendants Darren K. Indyke and Richard D. Kahn to Produce Documents Responsive to Plaintiffs First Requests for Production addressed to Judge Arun Subramanian from Sigrid McCawley dated September 23, 2024. . Document filed by Darren K. Indyke, Richard D. Kahn, Jane Doe 3. Motion or Order to File Under Seal: [137].(Weiner, Daniel)
LETTER RESPONSE to Motion addressed to Judge Arun Subramanian from Daniel H. Weiner dated September 26, 2024 re: [125] LETTER MOTION to Seal addressed to Judge Arun Subramanian from Sigrid McCawley dated September 23, 2024. . Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F).(Weiner, Daniel)
Minute Entry for proceedings held before Judge Arun Subramanian: Discovery Hearing held on 9/27/2024. Sigrid McCawley and Andrew Villacastin present for Plaintiffs. Daniel Weiner, Kasen Chau, and Faranak Tabatabai present for Defendant Darren Indyke. Daniel Ruzumna and Tara Norris present for Defendant Richard D. Kahn. (kh)
DECLARATION of Daniel H. Weiner in Opposition re: [137] LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated September 26, 2024., [126] LETTER MOTION to Compel Defendants Darren K. Indyke and Richard D. Kahn to Produce Documents Responsive to Plaintiffs First Requests for Production addressed to Judge Arun Subramanian from Sigrid McCawley dated September 23, 2024.. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10).(Weiner, Daniel)
LETTER RESPONSE to Motion addressed to Judge Arun Subramanian from Daniel H. Weiner dated September 26, 2024 re: [126] LETTER MOTION to Compel Defendants Darren K. Indyke and Richard D. Kahn to Produce Documents Responsive to Plaintiffs First Requests for Production addressed to Judge Arun Subramanian from Sigrid McCawley dated September 23, 2024. . Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F).(Weiner, Daniel)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated September 26, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
***SELECTED PARTIES*** LETTER ROGATORY RESPONSE. ENDORSEMENT: The Clerk of Court is respectfully directed to restrict viewing access to this letter to the Court and the parties. SO ORDERED. (Signed by Judge Arun Subramanian on 9/26/2024) Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS (vfr)
ORDER: In response to the letter rogatory issued by the Court on September 6, 2024, the Court received a request for clarification, docketed under seal at ECF No. 135. By September 30, 2024, defendants should propose responses to the six questions in the letter. SO ORDERED. (Signed by Judge Arun Subramanian on 9/26/2024) (vfr)
OPINION AND ORDER re: [81] MOTION for Disclosure of the Identity of Plaintiff Jane Doe 3 filed by Darren K. Indyke, Richard D. Kahn. For the foregoing reasons, defendants' motion is DENIED. The Clerk of Court is respectfully requested to terminate Dkt. 81. The Clerk of Court is also respectfully requested to amend the caption in 24-cv-1204 to remove plaintiff Bensky's name. SO ORDERED. (Signed by Judge Arun Subramanian on 9/26/2024) (vfr)
***SELECTED PARTIES*** LETTER MOTION to Compel Bella Klein to comply with Plaintiff's April 26, 2024 subpoenas addressed to Judge Arun Subramanian from Sigrid McCawley dated September 25, 2024. Document filed by Jane Doe 3, Jane Doe 3, Darren K. Indyke, Darren K. Indyke, Richard D. Kahn, Richard D. Kahn, Bella Klein. (Attachments: # (1) Exhibit A- Indyke 9.13.24 Deposition Transcript Excerpts, # (2) Exhibit B- Correspondence with Klein, # (3) Exhibit C- HBRK Communications)Motion or Order to File Under Seal: [131].(McCawley, Sigrid)
LETTER MOTION to Compel Bella Klein to comply with Plaintiff's April 26, 2024 subpoenas addressed to Judge Arun Subramanian from Sigrid McCawley dated September 25, 2024. Document filed by Jane Doe 3, Jane Doe 3. (Attachments: # (1) Exhibit A (Slipsheet), # (2) Exhibit B- Correspondence with Klein (Redacted), # (3) Exhibit C- HBRK Communications (Redacted)).(McCawley, Sigrid)
LETTER MOTION to Seal Letter Motion to Compel with Exhibits addressed to Judge Arun Subramanian from Sigrid McCawley dated September 25, 2024. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
ORDER with respect to [126] Letter Motion to Compel Defendants should file any opposition to plaintiff's motion to compel by Thursday, September 26, 2024. Counsel for all parties shall appear for a conference with the Court on Friday, September 27, 2024, at 3:00 PM. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 289 261 298, followed by the pound (#) sign. Absent leave of Court obtained by letter-motion filed before the conference, the conference must be attended by the attorney who will serve as Lead Trial Counsel. SO ORDERED.. (Signed by Judge Arun Subramanian on 9/24/2024) (jca)
Published at
Filed: None, Entered: None
***Set/Reset Deadlines
Set/Reset Deadlines: ( Responses due by 9/26/2024), Set/Reset Hearings:( Telephone Conference set for 9/27/2024 at 03:00 PM before Judge Arun Subramanian.) (jca)
***SELECTED PARTIES***DECLARATION of Sigrid McCawley in Support re: [126] LETTER MOTION to Compel Defendants Darren K. Indyke and Richard D. Kahn to Produce Documents Responsive to Plaintiffs First Requests for Production addressed to Judge Arun Subramanian from Sigrid McCawley dated September 23, 2024.. Document filed by Jane Doe 3, Jane Doe 3, Darren K. Indyke, Darren K. Indyke, Richard D. Kahn, Richard D. Kahn, Bella Klein. (Attachments: # (1) Exhibit A - Indyke R&Os with Highlights, # (2) Exhibit B - Kahn R&Os with Highlights, # (3) Exhibit C- Indyke Deposition Excerpts (Slipsheet), # (4) Exhibit D - HBRK_JD3_003677, # (5) Exhibit E - Counsel Email Correspondence)Motion or Order to File Under Seal: [125].(McCawley, Sigrid)
***SELECTED PARTIES*** LETTER MOTION to Compel Defendants Darren K. Indyke and Richard D. Kahn to Produce Documents Responsive to Plaintiffs First Requests for Production addressed to Judge Arun Subramanian from Sigrid McCawley dated September 23, 2024. Document filed by Jane Doe 3, Jane Doe 3, Darren K. Indyke, Darren K. Indyke, Richard D. Kahn, Richard D. Kahn, Bella Klein.Motion or Order to File Under Seal: [125].(McCawley, Sigrid)
DECLARATION of Sigrid McCawley in Support re: [126] LETTER MOTION to Compel Defendants Darren K. Indyke and Richard D. Kahn to Produce Documents Responsive to Plaintiffs First Requests for Production addressed to Judge Arun Subramanian from Sigrid McCawley dated September 23, 2024.. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
LETTER MOTION to Compel Defendants Darren K. Indyke and Richard D. Kahn to Produce Documents Responsive to Plaintiffs First Requests for Production addressed to Judge Arun Subramanian from Sigrid McCawley dated September 23, 2024. Document filed by Jane Doe 3, Jane Doe 3. (Attachments: # (1) Exhibit A - Indyke R&Os_Redacted, # (2) Exhibit B - Kahn R&Os_Redacted, # (3) Exhibit C- Indyke Deposition Excerpts (Slipsheet), # (4) Exhibit D - HRBK_JD3_003677 (Slipsheet), # (5) Exhibit E - Counsel Email Correspondence_Redacted).(McCawley, Sigrid)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Sigrid McCawley dated September 23, 2024. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
ORDER granting [117] Motion to Seal; granting [122] Letter Motion to Seal. Application GRANTED. The Clerk of Court is respectfully directed to terminate the motions at ECF No. 117 and 122. SO ORDERED. (Signed by Judge Arun Subramanian on 9/23/2024) (vfr)
***SELECTED PARTIES*** LETTER addressed to Judge Arun Subramanian from Daniel Ruzumna dated September 18, 2024 re: Sealed/Highlighted versions of Letter Motion to Seal and/or Redact [122]. Document filed by Darren K. Indyke, Jane Doe 3, Jane Doe 3, Richard D. Kahn. (Attachments: # (1) Exhibit B, highlighted, # (2) Exhibit C, highlighted, # (3) Exhibit D, highlighted, # (4) Exhibit E, Highlighted (pt 1 of 5), # (5) Exhibit E, Highlighted (pt 2 of 5), # (6) Exhibit E, Highlighted (pt 3 of 5), # (7) Exhibit E, Highlighted (pt 4 of 5), # (8) Exhibit E, Highlighted (pt 5 of 5), # (9) Exhibit H, highlighted, # (10) Exhibit O, highlighted, # (11) Exhibit P, highlighted, # (12) Exhibit T, highlighted, # (13) Exhibit V, highlighted, # (14) Exhibit X, highlighted)Motion or Order to File Under Seal: [122].(Ruzumna, Daniel)
***SELECTED PARTIES***DECLARATION of Sigrid McCawley in Support re: [118] MOTION to Certify Class .. Document filed by Jane Doe 3, Jane Doe 3, Darren K. Indyke, Darren K. Indyke, Richard D. Kahn, Richard D. Kahn. (Attachments: # (1) Exhibit B - SEALED Authorizations for Asset Management, # (2) Exhibit C - SEALED HBRK_JD3_004559, # (3) Exhibit D - SEALED Cash Withdrawals, # (4) Exhibit E- SEALED QuickBook Reports, # (5) Exhibit H- SEALED Last Will and Testament of Jeffrey E. Epstein (Indyke_Doe3_002146), # (6) Exhibit O- SEALED KAHN_00000532, # (7) Exhibit P- SEALED JD_00004545, # (8) Exhibit Q- SEALED Indyke_Doe3_002499, # (9) Exhibit R- SEALED Indyke_Doe3_002500, # (10) Exhibit S- SEALED Indyke_Doe3_002501, # (11) Exhibit T- SEALED Indyke_Doe3_002501, # (12) Exhibit U- SEALED Indyke_Doe3_002605, # (13) Exhibit V- SEALED Indyke_Doe3_002606, # (14) Exhibit X- SEALED JEE_Doe3_000115, # (15) Exhibit Z- SEALED KAHN_0004517)Motion or Order to File Under Seal: [117].(McCawley, Sigrid)
MOTION to Seal Exhibits to Declaration of Sigrid McCawley in Support of Motion for Class Certification. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
ORDER: Accordingly, Defendants are hereby ORDERED to submit their flight and hotel receipts to the chambers email inbox, SubramanianNYSDChambers@nysd.uscourts.gov. SO ORDERED. (Signed by Judge Arun Subramanian on 9/9/2024) (vfr)
***SELECTED PARTIES*** ORDER granting (108) Letter Motion to Seal in case 1:24-cv-01204-AS. Application GRANTED. The Clerk of Court is directed to restrict viewing access of ECF No. 110 to selected parties. The Clerk of Court is also directed to terminate the motion at ECF No. 108. SO ORDERED. (Signed by Judge Arun Subramanian on 9/5/2024) Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS (tg)
***SELECTED PARTIES*** LETTER OF REQUEST: The Clerk of Court is directed to file this letter under seal and restrict viewing access to the applicable party. Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS. (tg)
ORDER granting [104] Letter Motion for Conference. Motion GRANTED. Unless and until the Court orders otherwise, counsel for all parties shall appear for a conference with the Court on WEDNESDAY, SEPTEMBER 4, 2024 at 3:00 PM. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 283 247 855 521, followed by the pound (#) sign. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as Lead Trial Counsel. The Clerk of Court is directed to terminate the motion at ECF No. 104. SO ORDERED. Telephone Conference set for 9/4/2024 at 03:00 PM before Judge Arun Subramanian. (Signed by Judge Arun Subramanian on 9/4/2024) (vfr)
LETTER RESPONSE in Opposition to Motion addressed to Judge Arun Subramanian from Sigrid McCawley dated September 4, 2024 re: [104] LETTER MOTION for Conference addressed to Judge Arun Subramanian from Daniel H. Weiner dated August 30, 2024. . Document filed by Jane Doe 3..(McCawley, Sigrid)
ORDER granting in part and denying in part [86] Motion for Discovery. Defendants' motion for issuance of a letter of request for international judicial assistance to obtain evidence is GRANTED IN PART. Defendants may seek testimony from Jane Doe 3's friend and parents. The motion is denied with respect to Doe's employer. The information Defendants seek from Doe's employer is irrelevant now that Plaintiff has agreed to withdraw her claims for damages related to lost wages. And although Defendants argue that information from Doe's employer would disprove her credibility, "the mere possibility of obtaining impeachment evidence cannot be enough to justify discovery into matters otherwise unrelated to the parties' claims and defenses." Shih v. Petal Card, Inc., No. 18-CV-5495, 2021 WL 5279395, at *4 (S.D.N.Y. Nov. 12, 2021) (citation omitted). (AS FURTHER SET FORTH HEREIN.) Defendants are hereby ORDERED to submit a revised proposed letter of request, which limits the request to testimony from Doe's parents and friend, by September 5, 2024. The Defendants shall then contact the Court to arrange an original of the signed Letter Rogatory. The Clerk of Court is directed to terminate the motion at ECF No. 86. SO ORDERED. (Signed by Judge Arun Subramanian on 9/4/2024) (vfr)
Published at
Filed: None, Entered: None
Telephone Conference
Minute Entry for proceedings held before Judge Arun Subramanian: Telephone Conference held on 9/4/2024. Andrew Villacastin and Daniel Crispino present for Plaintiffs. Daniel Weiner and Marc Weinstein present for Defendant Darren Indyke. Daniel Ruzumna, Tara Norris, and Fara Tabatabai present for Defendant Richard D. Kahn. (kh)
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: [86] MOTION for Discovery / for Issuance of Letter of Request for International Judicial Assistance to Obtain Evidence. . Document filed by All Plaintiffs. Motion or Order to File Under Seal: [108].(Weiner, Daniel)
REPLY MEMORANDUM OF LAW in Support re: [86] MOTION for Discovery / for Issuance of Letter of Request for International Judicial Assistance to Obtain Evidence. . Document filed by Darren K. Indyke..(Weiner, Daniel)
JOINT LETTER MOTION to Seal Defendants' Reply Memorandum of Law in Further Support of Their Motion for Issuance of a Letter of Request for International Judicial Assistance to Obtain Evidence addressed to Judge Arun Subramanian from Daniel H. Weiner, dated September 3, 2024. Document filed by Darren K. Indyke..(Weiner, Daniel)
ORDER granting [99] Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to restrict viewing access to ECF Nos. 101 and 103 to selected parties and terminate the motion at ECF No. 99. SO ORDERED. (Signed by Judge Arun Subramanian on 9/3/2024) (jca)
ORDER: Per the Court's June 27 Consolidation Order, Dkt. 73, cases 24-CV-1204 and 24-CV-2192 are consolidated for pre-trial purposes and all filings should be made on the 24-CV-1204 docket only. The parties should refile any documents filed on the 24-CV-2192 docket since June 27 on this docket, 24-CV-1204, if they have not already. SO ORDERED. (Signed by Judge Arun Subramanian on 9/3/2024) (vfr)
MEMORANDUM OF LAW in Opposition re: [86] MOTION for Discovery / for Issuance of Letter of Request for International Judicial Assistance to Obtain Evidence. . Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
LETTER MOTION for Conference addressed to Judge Arun Subramanian from Daniel H. Weiner dated August 30, 2024. Document filed by Darren K. Indyke, Richard D. Kahn.Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Weiner, Daniel)
***SELECTED PARTIES***DECLARATION of Daniel H. Weiner in Support re: (49 in 1:24-cv-02192-AS) LETTER MOTION to Seal Defendants' Reply Memorandum of Law in Further Support of Their Motion for Disclosure of the Identity of Plaintiff Jane Doe 3, and the Exhibits 1-2 to the Declaration of Daniel H. Weiner addressed to Judge Arun Subr. Document filed by Darren K. Indyke, Richard D. Kahn, Danielle Bensky, Jane Doe 3. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-ASMotion or Order to File Under Seal: [99].(Weiner, Daniel)
DECLARATION of Daniel H. Weiner in Support re: (49 in 1:24-cv-02192-AS) LETTER MOTION to Seal Defendants' Reply Memorandum of Law in Further Support of Their Motion for Disclosure of the Identity of Plaintiff Jane Doe 3, and the Exhibits 1-2 to the Declaration of Daniel H. Weiner addressed to Judge Arun Subr. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Weiner, Daniel)
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: (49 in 1:24-cv-02192-AS) LETTER MOTION to Seal Defendants' Reply Memorandum of Law in Further Support of Their Motion for Disclosure of the Identity of Plaintiff Jane Doe 3, and the Exhibits 1-2 to the Declaration of Daniel H. Weiner addressed to Judge Arun Subr . Document filed by Darren K. Indyke, Richard D. Kahn, Danielle Bensky, Jane Doe 3. Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-ASMotion or Order to File Under Seal: [99].(Weiner, Daniel)
REPLY MEMORANDUM OF LAW in Support re: (49 in 1:24-cv-02192-AS) LETTER MOTION to Seal Defendants' Reply Memorandum of Law in Further Support of Their Motion for Disclosure of the Identity of Plaintiff Jane Doe 3, and the Exhibits 1-2 to the Declaration of Daniel H. Weiner addressed to Judge Arun Subr [REDACTED]. Document filed by Darren K. Indyke, Richard D. Kahn. Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Weiner, Daniel)
LETTER MOTION to Seal Defendants' Reply Memorandum of Law in Further Support of Their Motion for Disclosure of the Identity of Plaintiff Jane Doe 3, and the Exhibits 1-2 to the Declaration of Daniel H. Weiner addressed to Judge Arun Subramanian from Daniel H Weiner dated August 29, 2024. Document filed by Darren K. Indyke, Richard D. Kahn.Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Weiner, Daniel)
MEMORANDUM OF LAW in Opposition re: [81] MOTION for Disclosure of the Identity of Plaintiff Jane Doe 3. . Document filed by Jane Doe 3, Jane Doe 3. (Attachments: # (1) Exhibit A-Declaration of Dr. Raghavan).(McCawley, Sigrid)
LETTER addressed to Judge Arun Subramanian from Sigrid McCawley dated August 22, 2024 re: intent to oppose Defendants' Motion for Discovery (Dkt. 86) by August 30. Document filed by Jane Doe 3, Jane Doe 3..(McCawley, Sigrid)
ORDER granting [85] Letter Motion to Seal. Application granted. The Clerk of Court is directed to terminate the motion at Dkt. 85. SO ORDERED. (Signed by Judge Arun Subramanian on 8/21/2024) (vfr)
MEMO ENDORSED ORDER with respect to [86] Motion for Discovery. ENDORSEMENT: By 5:00 PM on August 22, 2024, Plaintiffs should submit a letter indicating whether they plan to oppose this motion. SO ORDERED. (Signed by Judge Arun Subramanian on 8/21/2024) (vfr)
ORDER denying without prejudice (76) Letter Motion to Compel in case 1:24-cv-01204-AS. The motion to compel is denied without prejudice, and tomorrow's conference is canceled. Plaintiffs should see what documents they get from Kahn and HBRK and narrow the subpoena accordingly. If there is still a dispute, they may renew their motion to compel at that time. The Clerk of Court is directed to terminate the motion at Dkt. 76 and tomorrow's conference. SO ORDERED. (Signed by Judge Arun Subramanian on 8/19/2024) Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS (vfr)
***SELECTED PARTIES***DECLARATION of Daniel H. Weiner in Support re: (86 in 1:24-cv-01204-AS, 40 in 1:24-cv-02192-AS) MOTION for Discovery / for Issuance of Letter of Request for International Judicial Assistance to Obtain Evidence.. Document filed by All Plaintiffs. (Attachments: # (1) Exhibit Co-Executors' proposed Letter of Request for issuance by the Court pursuant to the Hague Evidence Convention, # (2) Exhibit Plaintiff Jane Doe 3 ' s Responses and Objections to Defendants' First Interrogatories, dated May 28, 2024, # (3) Exhibit February 4, 2014 email from Ms. Doe to Jeffrey Epstein, # (4) Exhibit March 13, 2014 email from Lesley Groff to Mr. Epstein, # (5) Exhibit Certified translation of a January 28, 2014 email from Ms. Doe to her then-boyfriend and now-husband.)Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-ASMotion or Order to File Under Seal: [85].(Weiner, Daniel)
DECLARATION of Daniel H. Weiner in Support re: (86 in 1:24-cv-01204-AS, 40 in 1:24-cv-02192-AS) MOTION for Discovery / for Issuance of Letter of Request for International Judicial Assistance to Obtain Evidence.. Document filed by Darren K. Indyke. (Attachments: # (1) Exhibit Co-Executors' proposed Letter of Request for issuance by the Court pursuant to the Hague Evidence Convention, # (2) Exhibit Plaintiff Jane Doe 3 ' s Responses and Objections to Defendants' First Interrogatories, dated May 28, 2024, # (3) Exhibit February 4, 2014 email from Ms. Doe to Jeffrey Epstein, # (4) Exhibit March 13, 2014 email from Lesley Groff to Mr. Epstein, # (5) Exhibit Certified translation of a January 28, 2014 email from Ms. Doe to her then-boyfriend and now-husband.)Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Weiner, Daniel)
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: (86 in 1:24-cv-01204-AS, 40 in 1:24-cv-02192-AS) MOTION for Discovery / for Issuance of Letter of Request for International Judicial Assistance to Obtain Evidence. . Document filed by All Plaintiffs. Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-ASMotion or Order to File Under Seal: [85].(Weiner, Daniel)
MEMORANDUM OF LAW in Support re: (86 in 1:24-cv-01204-AS, 40 in 1:24-cv-02192-AS) MOTION for Discovery / for Issuance of Letter of Request for International Judicial Assistance to Obtain Evidence. . Document filed by Darren K. Indyke. Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Weiner, Daniel)
MOTION for Discovery / for Issuance of Letter of Request for International Judicial Assistance to Obtain Evidence. Document filed by Darren K. Indyke.Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Weiner, Daniel)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner, dated August 16, 2024. Document filed by Darren K. Indyke.Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Weiner, Daniel)
ORDER granting [83] Letter Motion to Adjourn Conference.Application granted. The hearing currently scheduled for August 21 will now take place on August 20, 2024, at 3:00 PM. Plaintiff's request for relief from 2(A) is also granted. The Clerk of Court is directed to terminate the motion at Dkt. 83. SO ORDERED. Status Conference set for 8/20/2024 at 03:00 PM before Judge Arun Subramanian.. (Signed by Judge Arun Subramanian on 8/14/2024) (jca)
LETTER MOTION to Adjourn Conference / the hearing on Plaintiff's motion to compel [76] addressed to Judge Arun Subramanian from Daniel Ruzumna dated August 13, 2024. Document filed by Richard D. Kahn..(Ruzumna, Daniel)
MEMORANDUM OF LAW in Support re: [81] MOTION for Disclosure of the Identity of Plaintiff Jane Doe 3. . Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
OPINION AND ORDER re: [29] MOTION to Dismiss or Strike. filed by Darren K. Indyke, Richard D. Kahn. For these reasons, Defendants' motions to dismiss are GRANTED IN PART AND DENIED IN PART. The Clerk of Court is directed to terminate Dkt. 29 and plaintiff Danielle Bensky from the 24-cv-1204 docket. The Clerk of Court is directed to terminate Dkt. 17 from the 24-cv-2192 docket. SO ORDERED. Danielle Bensky (individually and on behalf of all others similarly situated) terminated. (Signed by Judge Arun Subramanian on 8/5/2024) (vfr)
MEMO ENDORSEMENT on re: (78 in 1:24-cv-01204-AS, 36 in 1:24-cv-02192-AS) Declaration in Opposition to Motion,, filed by Bella Klein. ENDORSEMENT: The Court will hold a conference on this dispute on August 21, 2024, at 11 :00 AM in Courtroom 15A, 500 Pearl Street, New York, NY. Before then, plaintiffs' counsel and counsel for Klein must meet and confer for at least one hour in person in an attempt to resolve or narrow the dispute. ( Status Conference set for 8/21/2024 at 11:00 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian.) (Signed by Judge Arun Subramanian on 8/1/2024) Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS (kgo)
DECLARATION of Fran Hoffinger in Opposition re: (76 in 1:24-cv-01204-AS) LETTER MOTION to Compel Bella Klein to produce documents in compliance with Plaintiffs' April 26, 2024 subpoenas addressed to Judge Arun Subramanian from Sigrid S. McCawley dated July 29, 2024.. Document filed by Bella Klein. (Attachments: # (1) Exhibit Pltf Subpoena to HBRK in Bensky v Indyke, # (2) Exhibit Pltf Subpoena to HBRK in JDoe3 v Indyke)Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS.(Hoffinger, Fran)
LETTER MOTION to Compel Bella Klein to produce documents in compliance with Plaintiffs' April 26, 2024 subpoenas addressed to Judge Arun Subramanian from Sigrid S. McCawley dated July 29, 2024. Document filed by Danielle Bensky, Jane Doe 3, Jane Doe 3. (Attachments: # (1) Exhibit A-Plaintiffs' Notice of Service of Rule 45 Subpoena upon Bella Klein, # (2) Exhibit B-Plaintiff's Notice of Service of Rule 45 Subpoena upon Bella Klein, # (3) Exhibit C-Objections and Responses of Non-Party Bella Klein to Subpoena, # (4) Exhibit D-Objections and Responses of Non-Party Bella Klein to Subpoena).(McCawley, Sigrid)
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The case is to be tried to a jury. Joinder of additional parties must be accomplished by 4/16/2024. Amended pleadings may be filed without leave of Court until 5/20/2024. Post-discovery summary judgment motions in the form prescribed by the Court's Individual Practices shall be served by 11/4/2024, answering papers by 11/25/2024, and reply papers by 12/9/2024. Each party must file its respective papers on the same date that such papers are served. The motion for class certification will be due September 13, 2024, with opposition due October 14, 2024, and reply due October 21, 2024. The partial stay of discovery is hereby lifted. SO ORDERED. Motions due by 11/4/2024. Responses due by 11/25/2024 Replies due by 12/9/2024. Deposition due by 10/28/2024. Discovery due by 10/28/2024. (Signed by Judge Arun Subramanian on 7/1/2024) (tg)
CONSOLIDATION ORDER: At the June 26, 2024 hearing, the Court inquired into whether there was any opposition to consolidating these cases, given the similarity of the issues raised. Neither party objected. Accordingly, these cases are hereby CONSOLIDATED for pre-trial purposes. (The Court will address whether consolidation for trial is warranted at a later date.) The Clerk of the Court is directed to consolidate these cases under the lead case, Docket No. 24-CV-1204, and to close 24-CV-2192. All future filings shall be on the 24-CV-1204 docket. All deadlines currently in force in 24-CV-1204 shall likewise apply to 24-CV-2192. SO ORDERED. (Signed by Judge Arun Subramanian on 6/27/2024) Filed In Associated Cases: 1:24-cv-01204-AS, 1:24-cv-02192-AS (vfr)
STIPULATION AND ORDER REGARDING PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION: Unless otherwise agreed to by the parties or otherwise ordered by the Court, this Stipulated Order Regarding the Production of Documents and Electronically Stored Information (ESI) shall govern the preservation, collection and production of Documents and ESI produced for use in the above-captioned case. This stipulation is subject to and without waiver of any objections that the parties may make in response to discovery. (AS FURTHER SET FORTH IN THIS ORDER.) SO ORDERED. (Signed by Judge Arun Subramanian on 6/26/2024) (vfr)
Minute Entry for proceedings held before Judge Arun Subramanian: Initial Pretrial Conference held on 6/26/2024. Sigrid McCawley, Alexander Law, Andrew Villacastin, and Daniel Crispino present for Plaintiffs. Daniel Weiner and Kasen Chau present for Defendant Darren Indyke. Daniel Ruzumna and Tara Norris present for Defendant Richard D. Kahn. (Court Reporter Doug Colavito) (kh)
ORDER FOR ADMISSION PRO HAC VICE granting [70] Motion for Daniel J. Crispino to Appear Pro Hac Vice. (Signed by Judge Arun Subramanian on 6/25/2024) (rro)
MOTION for Daniel J. Crispino to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29523758. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Danielle Bensky, Jane Doe 3. (Attachments: # (1) Affidavit Declaration of Daniel J. Crispino, # (2) Exhibit Florida Certificate of Good Standing, # (3) Proposed Order Proposed Order).(Crispino, Daniel)
SCHEDULING ORDER: The conference currently set for June 26, 2024, will now start at 2:00 PM. SO ORDERED. Initial Conference set for 6/26/2024 at 02:00 PM before Judge Arun Subramanian. (Signed by Judge Arun Subramanian on 6/24/2024) (vfr)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [70] MOTION for Daniel J. Crispino to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29523758. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)
JOINT LETTER addressed to Judge Arun Subramanian from David Boies dated June 20, 2024 re: Initial Pretrial Conference. Document filed by Danielle Bensky, Jane Doe 3. (Attachments: # (1) Exhibit A - Proposed Civil Case Management Plan and Scheduling Order (PTFs Ver.), # (2) Exhibit B - Proposed Civil Case Management Plan and Scheduling Order (DEFs Ver.)).(McCawley, Sigrid)
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Arun Subramanian on 6/3/2024) (vfr)
ORDER granting [61] Letter Motion for Leave to File Excess Pages. Application granted. The Clerk of Court is directed to terminate the motion at Dkt. 61. SO ORDERED. (Signed by Judge Arun Subramanian on 5/29/2024) (vfr)
LETTER MOTION for Leave to File Excess Pages addressed to Judge Arun Subramanian from Daniel Ruzumna dated May 29, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
MEMORANDUM OF LAW in Opposition re: [29] MOTION to Dismiss or Strike. . Document filed by Danielle Bensky, Jane Doe 3. (Attachments: # (1) Exhibit 1- Plaintiffs' Non-Argumentative Chart).(McCawley, Sigrid)
NOTICE of Notice of Filing Protective Order. Document filed by Danielle Bensky, Jane Doe 3. (Attachments: # (1) Proposed Order Protective Order).(McCawley, Sigrid)
ORDER terminating [38] Motion for Sanctions. The Clerk of Court is directed to terminate the motion at Dkt. 38. That motion was disposed of by this Court's order at Dkt. 53. SO ORDERED.. (Signed by Judge Arun Subramanian on 5/13/2024) (ks)
MEMO ENDORSEMENT on re: [56] Letter Response terminating [54] Letter Motion for Discovery. ENDORSEMENT: Plaintiffs represent that they are only seeking responses and objections to subpoenas, not production of documents. The recipients need not produce documents until further order. The Court expects that the experienced counsel on this case can work together to resolve their remaining issues. But if they can't, they can seek the Court's guidance. The Clerk of Court is directed to terminate the motion at Dkt. 54. SO ORDERED. (Signed by Judge Arun Subramanian on 5/9/2024) (vfr)
LETTER RESPONSE in Opposition to Motion addressed to Judge Arun Subramanian from Sigrid S. McCawley dated May 9, 2024 re: [54] LETTER MOTION for Discovery to quash subpoena addressed to Judge Arun Subramanian from Daniel Ruzumna dated May 8, 2024. . Document filed by Danielle Bensky, Jane Doe 3. (Attachments: # (1) Exhibit A-emails regarding Protective Order and ESI Protocol, # (2) Exhibit B-emails regarding service of Rule 45 Subpoenas, # (3) Exhibit C-emails regarding Third Party Rule 45 Subpoena in Jane Doe v JP Morgan Chase, # (4) Exhibit D- Subpoena responses in Jane Doe v JP Morgan Chase and Jane Doe v Deutsche Bank).(McCawley, Sigrid)
ORDER: The conference currently set for May 30, 2024, is hereby ADJOURNED to June 26, 2024, at 3:00 PM. The parties should be prepared to discuss the pending motion to dismiss at the conference. SO ORDERED. Initial Conference set for 6/26/2024 at 03:00 PM before Judge Arun Subramanian. (Signed by Judge Arun Subramanian on 5/8/2024) (vfr)
LETTER MOTION for Discovery to quash subpoena addressed to Judge Arun Subramanian from Daniel Ruzumna dated May 8, 2024. Document filed by Richard D. Kahn. (Attachments: # (1) Exhibit A, 2024-04-26 Plaintiffs' NOS Subpoena (HBRK Associates Inc.) (24-1204), # (2) Exhibit B, 2024-04-26 Plaintiff's NOS Subpoena (HBRK Associates Inc.) (24-2192), # (3) Exhibit C, 2024-04-26 Plaintiffs' NOS Subpoena (Bella Klein) (24-1204), # (4) Exhibit D, 2024-04-26 Plaintiff's NOS Subpoena (Bella Klein) (24-2192)).(Ruzumna, Daniel)
ORDER granting in part [35] Letter Motion to Stay re: [35] MOTION to Stay Discovery., [37] LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated April 9, 2024., [44] MOTION for Sanctions ., [50] LETTER MOTION to Seal addressed to Judge Arun Subramanian from Sigrid McCawley dated April 22, 2024., [32] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11. ; granting [37] Letter Motion to Seal; denying [44] Motion for Sanctions; granting [50] Letter Motion to Seal; denying [32] Motion for Sanctions. The motions to seal are granted. Dkts. 37, 50. Both motions for sanctions are denied. Dkts. 32, 44. The motion to stay discovery is granted in part. Dkt. 35. The parties should hold their Rule 26(f) conference and submit the required report, negotiate an ESI order as appropriate, serve discovery demands, negotiate search terms and custodians, and collect documents for production. But the parties need not produce documents until further order of the Court. The Clerk of Court is directed to terminate the motions at Dkts. 32, 35, 37, 44, and 50. SO ORDERED. (Signed by Judge Arun Subramanian on 4/23/2024) (jca)
***SELECTED PARTIES***DECLARATION of Sigrid McCawley in Opposition re: [32] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11., [38] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11.. Document filed by Danielle Bensky, Jane Doe 3, Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit 1 - Excerpt of May 18, 2023 Richard Kahn Deposition Transcript, # (2) Exhibit 2 - EVCP Agreement)Motion or Order to File Under Seal: [50].(McCawley, Sigrid)
***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: [32] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11., [38] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11. . Document filed by Danielle Bensky, Jane Doe 3, Darren K. Indyke, Richard D. Kahn. Motion or Order to File Under Seal: [50].(McCawley, Sigrid)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Sigrid McCawley dated April 22, 2024. Document filed by Danielle Bensky, Jane Doe 3..(McCawley, Sigrid)
DECLARATION of Sigrid McCawley in Opposition re: [32] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11., [38] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11.. Document filed by Danielle Bensky, Jane Doe 3. (Attachments: # (1) Exhibit 1 - Excerpt of May 18, 2023 Richard Kahn Deposition Transcript (Filed Under Seal), # (2) Exhibit 2 - EVCP Agreement).(McCawley, Sigrid)
RESPONSE in Opposition to Motion re: [32] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11., [38] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11. [REDACTED]. Document filed by Danielle Bensky, Jane Doe 3..(McCawley, Sigrid)
ORDER granting [42] Letter Motion for Leave to File Excess Pages. Application granted. The Clerk of Court is directed to terminate the motion at Dkt. 42. SO ORDERED. (Signed by Judge Arun Subramanian on 4/19/2024) (vfr)
LETTER MOTION for Leave to File Excess Pages addressed to Judge Arun Subramanian from Sigrid McCawley dated April 18, 2024. Document filed by Danielle Bensky, Jane Doe 3..(McCawley, Sigrid)
***SELECTED PARTIES***AFFIRMATION of Daniel H. Weiner in Support re: [38] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11.. Document filed by Darren K. Indyke, Danielle Bensky, Jane Doe 3, Richard D. Kahn. (Attachments: # (1) Exhibit 1 - Motion to Establish EVCP, # (2) Exhibit 2 - Excerpts from Hearing Transcript, # (3) Exhibit 3 - Order Establishing EVCP, # (4) Exhibit 4 - EVCP Final Protocol, # (5) Exhibit 5 - Signed Bensky Release, # (6) Exhibit 6 - March 26 Email, # (7) Exhibit 7 - March 28 Email, # (8) Exhibit 8 - April 3 Email, # (9) Exhibit 9 - April 7 Email, # (10) Exhibit 10 - January 5 Letter, # (11) Exhibit 11 - March 18 Letter to Boies and McCawley, # (12) Exhibit 12 - Letters Testamentary)Motion or Order to File Under Seal: [37].(Weiner, Daniel)
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: [38] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11. . Document filed by Richard D. Kahn, Darren K. Indyke, Danielle Bensky, Jane Doe 3. Motion or Order to File Under Seal: [37].(Weiner, Daniel)
***SELECTED PARTIES*** MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11. Document filed by Richard D. Kahn, Darren K. Indyke, Danielle Bensky, Jane Doe 3.Motion or Order to File Under Seal: [37].(Weiner, Daniel)
LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated April 9, 2024. Document filed by Darren K. Indyke..(Weiner, Daniel)
AFFIRMATION of Daniel H. Weiner in Support re: [32] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11.. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit 1 - Motion to Establish EVCP, # (2) Exhibit 2 - Excerpts from Hearing Transcript, # (3) Exhibit 3 - Order Establishing EVCP, # (4) Exhibit 4 - EVCP Final Protocol, # (5) Exhibit 5 - Signed Bensky Release [REDACTED], # (6) Exhibit 6 - March 26 Email, # (7) Exhibit 7 - March 28 Email, # (8) Exhibit 8 - April 3 Email, # (9) Exhibit 9 - April 7 Email, # (10) Exhibit 10 - January 5 Letter [REDACTED], # (11) Exhibit 11 - March 18 Letter to Boies and McCawley, # (12) Exhibit 12 - Letters Testamentary).(Weiner, Daniel)
MEMORANDUM OF LAW in Support re: [32] MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11. [REDACTED]. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
DECLARATION of Daniel S. Ruzumna in Support re: [29] MOTION to Dismiss or Strike.. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit A - Redacted General Release, # (2) Exhibit B - General Release and Settlement Agreement, # (3) Exhibit C - Subpoena, # (4) Exhibit D - Subpoena, # (5) Exhibit E - E-Mail to Counsel, # (6) Exhibit F - Minute Entry).(Ruzumna, Daniel)
MOTION to Dismiss or Strike. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: # (1) Exhibit 1 - Chart Pursuant to Individual Rule 8.G).(Ruzumna, Daniel)
ORDER granting [27] Letter Motion for Leave to File Document. Application granted. The Clerk of Court is directed to terminate the motion at Dkt. 27. SO ORDERED. (Signed by Judge Arun Subramanian on 3/26/2024) (vfr)
LETTER MOTION for Leave to File a one 30-page memorandum in support of an omnibus motion to dismiss addressed to Judge Arun Subramanian from Daniel Ruzumna dated March 25, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel)
ORDER granting [25] Letter Motion for Extension of Time. Application granted. The Clerk of Court is directed to terminate the motion at Dkt. 25. SO ORDERED. (Signed by Judge Arun Subramanian on 3/21/2024) (vfr)
LETTER MOTION for Extension of Time addressed to Judge Arun Subramanian from Daniel H. Weiner, dated March 20, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel)
MEMO ENDORSEMENT on re: [23] Letter filed by Danielle Bensky, Jane Doe 3. ENDORSEMENT: Application granted. SO ORDERED. ( Motions due by 4/8/2024., Replies due by 6/12/2024., Responses due by 5/23/2024) (Signed by Judge Arun Subramanian on 3/5/2024) (vfr)
JOINT LETTER addressed to Judge Arun Subramanian from David Boies dated March 4, 2024 re: Briefing Schedule for Motion to Dismiss. Document filed by Danielle Bensky, Jane Doe 3. (Attachments: # (1) Exhibit A-Stipulation to Service).(Boies, David)
NOTICE of Proof of Distribution of Notice of Initial Pretrial Conference and the Court's Individual Practices to Defendants' counsel re: [15] Order for Initial Pretrial Conference,,,. Document filed by Danielle Bensky, Jane Doe 3..(Boies, David)
PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. and as set forth herein. SO ORDERED. (Signed by Judge Arun Subramanian on 2/29/2024) (ama)
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on May 30, 2024 at 11:00 AM. The conference will be in Courtroom 15A of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as Lead Trial Counsel. As further set forth by this Order. SO ORDERED. Initial Conference set for 5/30/2024 at 11:00 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian. (Signed by Judge Arun Subramanian on 2/26/2024) (tg)
ORDER granting in part [9] MOTION for Leave to Proceed Anonymously re: [1] Complaint. Upon the motion of Plaintiff Jane Doe 3 for an order permitting her to proceed under pseudonym, it is hereby ORDERED that Plaintiff's ex parte motion is GRANTED IN PART. Plaintiff Jane Doe 3 is permitted to proceed under pseudonym until such time as the Court orders her name to be disclosed. The Court reserves the right to modify this Order as the case progresses. If defendants oppose this order, they may indicate their opposition to the Court within 30 days of service. The Clerk of Court is directed to terminate the motion at Dkt. 9. SO ORDERED. (Signed by Judge Arun Subramanian on 2/23/2024) (vfr)
PROPOSED ORDER. Document filed by Danielle Bensky, Jane Doe 3. Related Document Number: [9]..(Boies, David) Proposed Order to be reviewed by Clerk's Office staff.
MEMORANDUM OF LAW in Support re: [9] MOTION for Leave to Proceed Anonymously re: [1] Complaint . . Document filed by Danielle Bensky, Jane Doe 3..(Boies, David)
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [11] Proposed Order was reviewed and approved as to form. (tp)
Filed: None, Entered: None
Notice Regarding Deleted Document
***DELETED DOCUMENT. Deleted document number [6 and 7] ELECTRONIC SUMMONS ISSUED. The document was incorrectly filed in this case. Permission to file case under a pseudonym was not granted. (gp)
ORDER: Plaintiff Jane Doe 3 filed this case under a pseudonym without getting this Court's leave to do so. By February 23, 2024, plaintiffs should move for leave to proceed under a pseudonym. SO ORDERED. ( Motions due by 2/23/2024.) (Signed by Judge Arun Subramanian on 2/20/2024) (vfr)
Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. 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. (pc)
Filed: None, Entered: None
Case Opening Initial Assignment Notice
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. 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..(pc)
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:22-cv-10018 (JSR). Document filed by Danielle Bensky, Jane Doe 3..(Boies, David)
COMPLAINT against Darren K. Indyke, Richard D. Kahn. (Filing Fee $ 405.00, Receipt Number ANYSDC-28961212)Document filed by Danielle Bensky, Jane Doe 3..(Boies, David)
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