Carrington v. Graden et al
| Rovier Carrington |
| Brian Graden, Brian Graden Media, LLC, Viacom Inc., Viacom International Inc., Paramount Pictures Corporation, Brad Grey, Brad Grey Estate and Brad Alan Grey Trust |
| 1:2018cv04609 |
| May 24, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Antitrust |
| 15 U.S.C. ยง 1 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
219
ORDER: In an Order issued on February 8, 2021 (Dkt. #214), this Court, having found Plaintiff Rovier Carrington and his counsel, G. Scott Sobel, Esq., to be in civil contempt of the Court's September 11, 2020 and December 23, 2020 Orders (Dk t. #180, 206), ordered that Plaintiff and Mr. Sobel be sanctioned until they complied fully with the Court's orders. On February 19, 2021, Plaintiff and Mr. Sobel filed a notice informing the Court that they have withdrawn the complaint filed in the United States District Court for the Central District of California, in compliance with the Court's orders. (Dkt. #218). As such, the Court hereby VACATES those portions of its February 8, 2021 Order pertaining to the sanctions against Plaintiff and Mr. Sobel. The Court will transmit a copy of this Order by email to the U.S. Marshals Service for the Central District of California. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/22/2021) (nb)
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Filing
214
ORDER: Accordingly, it is hereby ORDERED that Plaintiff Rovier Carrington, having been found of civil contempt on February 4, 2021, by this Court, is sanctioned to arrest and confinement until he complies fully with the Court's Septe mber 11, 2020 and December 23, 2020 Orders. Plaintiff shall surrender his person to the custody of the U.S. Marshals at the below address on or before February 22, 2021: U.S. Marshals Service for the Central District of California, Roybal F ederal Building, 255 East Temple Street, Los Angeles, California, 90012. On the date of Plaintiff's surrender, he is to arrive at the above address before 12:00 p.m., and is to inform the security checkpoint officials of his self- surrender. If Plaintiff does not self-surrender on or before February 22, 2021, the U.S. Marshals shall use reasonable force necessary to apprehend Plaintiff, including forcible entry of any residence or domicile believed to be associated with Plaintiff. Plaintiff's counsel, Mr. Sobel, is also in contempt of the Court's orders. However, given the comparative recency of his involvement in this case, and the nature of that involvement, the Court does not believe that incarceration is an appropriate sanction for him. Instead, the Court ORDERS that effective February 22, 2021, Mr. Sobel is to be sanctioned $500 per business day (payable on the Monday of the following week, or Tuesday if the office o f the Clerk of Court is not open on Monday) until he has complied with the Court's September 11, 2020 and December 23, 2020 orders. This sanction shall be revisited three months from the date of this Order, by which date Defendants shal l provide a status update stating whether Plaintiff and his counsel remain unresponsive and whether further or increased sanctions are appropriate. Counsel for Defendants have also requested an opportunity to seek attorneys' fees and costs incurred as a result of the contemptuous conduct of Plaintiff and his counsel. "Attorneys' fees may be awarded with respect to civil contempt regardless of whether the other relief granted is coercive, compensatory or both.&q uot; Chevron Corp. v. Donziger, 384 F. Supp. 3d 465, 506 (S.D.N.Y. 2019) (collecting cases). Defense counsel may file their submission in support of attorneys' fees and costs on or before March 26, 2021; Plaintiff may file his submission in opposition on or before April 26, 2021. The Court will transmit a copy of this Order by email to the U.S. Marshals Service for the Central District of California. (Signed by Judge Katherine Polk Failla on 2/8/2021) (mro)
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Filing
212
ORDER: There is currently an order to show cause hearing in this matter scheduled for January 22, 2021. On January 20, 2021, Mr. Sobel submitted by email a request to adjourn the hearing due to continued medical issues. The Court accordingly ADJOU RNS the hearing to February 4, 2021, at 2:00 p.m. The Court grants the adjournment with the understanding that medical issues prevent Mr. Sobel from fulfilling his responsibilities as an attorney not only in this case, but in his other cases as wel l. Were the Court to learn that Mr. Sobel was able to work on the related case in the Central District of California, while professing an inability to appear before the Court in this matter, it would take that fact into consideration in resolving the applications currently pending before the Court. The hearing will take place by videoconference. Instructions for accessing the videoconference will be shared in advance of the hearing., (Telephone Conference set for 2/4/2021 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 1/21/2021) (nb)
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Filing
210
ORDER: On December 23, 2020, the Court granted Defendants' motion for an order to show cause why Plaintiff Rovier Carrington and G. Scott Sobel, Esq. should not be held in civil contempt for violation of the Court's September 11, 2020 O rder (Dkt. #180) and why sanctions should not be imposed against them. (Dkt. #206). The Court's understanding is that Plaintiff and Mr. Sobel remain in noncompliance with its September 11, 2020 Order. However, in response to Mr. Sobel's application by email for an adjournment of the January 15, 2021 order to show cause hearing, the Court hereby ADJOURNS the hearing to January 22, 2021, at 3:30 p.m. The hearing will take place by videoconference. Instructions for accessing the videoconference will be shared in advance of the hearing. (Telephone Conference set for 1/22/2021 at 03:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 1/14/2021) (rro)
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Filing
199
ORDER: On November 20, 2020, the Court received submissions from Plaintiff and G. Scott Sobel, Esq. (Dkt. #196, 198), in response to Defendants' November 3, 2020 application for an order to show cause (Dkt. #192-194). The same day, Plaintiff filed a motion for relief pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. (Dkt. #197). Defendants are ORDERED to file any responses to Plaintiff and Mr. Sobel's submissions on or before December 11, 2020. The Clerk of Court i s directed to mail a copy of this Order to Plaintiff at his address of record. Counsel for Defendants is directed to serve a copy of this Order on Plaintiff's counsel. (Responses due by 12/11/2020) (Signed by Judge Katherine Polk Failla on 11/23/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
195
ORDER: On November 3, 2020, the Court received an application from Defendants in this matter for an order to show cause why Plaintiff and G. Scott Sobel, Esq. should not be held in civil contempt of court for violating the Court's September 11, 2020 Order. (Dkt. #192-194). Plaintiff and Mr. Sobel are ORDERED to respond to Defendants' application by November 20, 2020. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at his address of record. Counsel for Defendants is directed to serve a copy of this Order on Plaintiff's counsel. (Responses due by 11/20/2020) (Signed by Judge Katherine Polk Failla on 11/4/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
184
OPINION AND ORDER re: 156 MOTION for Attorney Fees and Expenses Award. filed by Brian Graden Media, LLC, Brian Graden, 151 MOTION for Attorney Fees and Expenses Award. filed by Viacom Inc., Viacom International Inc., Paramount Pictures Corporation, National Amusements, Inc. For the reasons set forth herein, it is hereby ORDERED that Defendants are awarded attorneys' fees and costs in the following amounts: i. $178,623.00 in attorneys' fees and $2,726.50 in costs to the Viacom Defendants; ii. $253,996.65 in attorneys' fees and $39,815.05 in costs to the Graden Defendants; and iii. $128,709.55 in attorneys' fees and $4,123.34 in costs to the Grey Defenda nts. The Clerk of Court is directed to terminate the motions pending at docket entries 151 and 156. The Court understands that the Viacom Defendants would like an opportunity to submit a supplemental petition for fees incurred in the drafting of th eir fee petition. The Court will permit a brief letter submission outlining the legal professionals involved, the time spent, and the fees and costs incurred in this regard. The Viacom Defendants should imagine that the reasonable rates analysis will be identical to that contained in this Opinion, and they should strive to present a reasonable number of hours billed in accordance with this Courts analysis herein. Their submission is due on or before October 23, 2020; Plaintiff may respond on or before November 13, 2020. The Clerk of Court is directed to mail a copy of this Opinion and Order to Plaintiff at his address of record. (Signed by Judge Katherine Polk Failla on 9/28/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
180
ORDER: For the reasons set forth in this Order, the Court GRANTS Defendants' request for a permanent injunction against Carrington. The Court hereby ORDERS that Carrington be forbidden from filing any future suits in federal or state court aris ing from or relating to the subject matter in the instant action without the prior authorization of this Court. The Clerk of Court is directed to terminate the motion at docket entry 174. Counsel for Defendants are directed to serve this Order on Carrington and his current counsel by whatever means they have used to communicate with each of them in the past. (Signed by Judge Katherine Polk Failla on 9/11/2020) Copies Mailed By Chambers. (rro)
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Filing
177
ORDER granting 175 Letter Motion to Seal. Application GRANTED. The Clerk of Court is permitted to file under seal Exhibit 3 to its letter at docket entry 174, viewable to the Court and parties only. (Signed by Judge Katherine Polk Failla on 9/8/2020) (rro)
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Filing
173
ORDER with respect to 151 Motion for Attorney Fees; with respect to 156 Motion for Attorney Fees. Accordingly, the Court ORDERS that briefing on Defendants' motion for fees is now closed, and the Court will consider the motions as unopposed. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/7/2020) (kv)
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Filing
172
ORDER: On January 6, 2020, the Court received an ex parte communication, sent as an e-mail to the Court's inbox, from Plaintiff in this matter. Plaintiff wrote in part to request an extension to the deadline the Court had set for Plaintiff 9;s response to Defendants' fee applications. (Dkt. #164). However, Plaintiff also made several significant accusations about Defendants in his e-mail, and then requested that the e-mail be considered as privileged by the Court. Given the pro cedural history of this case and the nature of the statements made against Defendants, the Court does not believe that it would be appropriate to consider Plaintiff's request on an ex parte basis. The Court would, however, allow Plaintiff to r e-file his request for an extension, along with whatever attachments he deems may be relevant and appropriate, under seal. Therefore, the Court DENIES without prejudice Plaintiff's request for an extension so that he may consider whether to re-file the request under seal. (Signed by Judge Katherine Polk Failla on 1/7/2020) Copies Mailed By Chambers. (rro)
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Filing
169
ORDER re: 168 Letter, filed by Viacom Inc., Viacom International Inc., Paramount Pictures Corporation, National Amusements, Inc. IT IS HEREBY ORDERED that 1. The Motion is GRANTED. 2. "ViacomCBS Inc. (successor by merger to Viacom Inc.)" is hereby substituted for Viacom Inc. as the defendant in this case. 3. The case caption shall be amended accordingly. SO ORDERED this 12th day of December, 2019. (Signed by Judge Katherine Polk Failla on 12/12/2019) (ks)
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Filing
164
ORDER: On October 11, 2019, the Court held a hearing in this action and dismissed Plaintiff Rovier Carrington's case with prejudice. (Dkt. #147). At that hearing, the Court ordered Defendants' counsel to submit their applications for fees a nd costs by December 2, 2019. (Id.). Defendants' counsel duly filed applications on that date (Dkt. #151-58). The Court is prepared to accept Defendants' motions as unopposed, but wishes to provide Plaintiff with an opportunity to respond i f he so desires. Therefore, if Plaintiff wishes to respond, the Court ORDERS that such a response be filed no later than January 6, 2020. SO ORDERED. (Responses due by 1/6/2020) (Signed by Judge Katherine Polk Failla on 12/10/2019) Copies Mailed By Chambers. (jca)
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Filing
150
ORDER granting 149 Motion to Seal Document: Application GRANTED. (Signed by Judge Katherine Polk Failla on 11/25/2019) (jwh)
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