Carroll v. Trump, et al.
| E. Jean Carroll |
| Donald J. Trump |
| UNITED STATES OF AMERICA |
| Government Accountability Project |
| 1:2020cv07311 |
| September 8, 2020 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| P.I.: Other |
| 28 U.S.C. § 267 |
| None |
Docket Report
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This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
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Filing 90
LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated 8/11/22 re: response to the letter submitted by the plaintiff, E. Jean Carroll ("Plaintiff"), on August 8, 2022. Document filed by Donald J. Trump.(yv)
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Filing 89
LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated 8/8/22 re: providing the Court a brief update on discovery; and (2) informing the Court of a case that Plaintiff plans to file against Defendant pursuant to New York's Adult Survivors Act as soon as that statute authorizes us to do so on November 24, 2022. Document filed by E. Jean Carroll.(yv)
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Filing 88
STIPULATION AND ORDER. IT IS ACCORDINGLY STIPULATED AND AGREED that the parties' deadline for making their expert disclosures under Rule 26(a)(2) is extended until October 14, 2022. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/24/22) (yv) Modified on 9/13/2022 (yv).
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Filing 87
PROPOSED STIPULATION AND ORDER. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 86
ORDER terminating #82 Letter Motion for Discovery (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 85
ORDER denying #78 Letter Motion for Conference re: #78 LETTER MOTION for Conference addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated July 20, 2022. (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 84
PROTECTIVE AND CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/11/22) (yv)
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Filing 83
ORDER: Counsel are advised as follows: 1. Shawn G. Crowley, Esq., who filed a notice of appearance in the first captioned case on July 26, 2022, is a former law clerk to the undersigned. The undersigned co-officiated (with another judge) at the marriage of Ms. Crowley approximately seven years ago. 2. Assistant United States Attorney Jeffrey W. Coyle, who appears for the United States in the second captioned case, which was assigned to the undersigned on August 2, 2022, is a former law clerk to the undersigned. (Signed by Judge Lewis A. Kaplan on 8/3/2022) (rro)
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Filing 82
LETTER MOTION for Discovery / Discovery Dispute addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated August 1, 2022. Document filed by E. Jean Carroll. (Attachments: #1 Text of Proposed Order [Proposed] Protective and Confidentiality Order).(Kaplan, Roberta)
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Filing 81
NOTICE OF APPEARANCE by Matthew J. Craig on behalf of E. Jean Carroll..(Craig, Matthew)
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Filing 80
NOTICE OF APPEARANCE by Shawn Geovjian Crowley on behalf of E. Jean Carroll..(Crowley, Shawn)
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Filing 79
LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated July 21, 2022 re: Supplemental Scheduling Order (ECF 77) and Plaintiff's Letter Motion (ECF 78). Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 78
LETTER MOTION for Conference addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated July 20, 2022. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 77
SUPPLEMENTAL SCHEDULING ORDER:The existing scheduling order (Dkt 76) is supplemented as follows: 1. All discovery shall be completed on or before November 16, 2022. 2. Any summary judgment motions and a joint pretrial order in the form attached as Annex A to the individual practices of the undersigned (which are posted on the Court's web site) shall be filed on or before December 1, 2022. 3. Absent prior disposition of the case by motion or otherwise, the trial will commence on February 6, 2023 at 9:30 a.m. 4. The parties shall exchange premarked trial exhibits no later than December 8, 2022. 5. Any motions in limine and oppositions thereto shall be filed no later than December 8 and December 15, 2022, respectively. SO ORDERED. Motions due by 12/8/2022. Responses due by 12/15/2022 Discovery due by 11/16/2022. Pretrial Order due by 12/1/2022. Ready for Trial by 2/6/2023. (Signed by Judge Lewis A. Kaplan on 7/19/2022) (tg)
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Filing 76
SCHEDULING ORDER: It is hereby ORDERED as follows: 1. The parties shall serve any and all written discovery requests on each other on or before May 27, 2022. 2. The parties shall substantially complete their productions of written discovery and requests for inspection or examination on or before August 3, 2022. 3. Depositions to take place between August 3, 2022, to October 19, 2022. 4. The parties shall make any and all expert disclosures under Rule 26(a)(2) on or before September 16, 2022. 5. The parties shall substantially complete any and all fact discovery on or before October 19, 2022. 6. The parties shall complete any and all expert discovery on or before November 16, 2022. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/4/2022) Deposition due by 10/19/2022. Fact Discovery due by 10/19/2022. Expert Discovery due by 11/16/2022. Discovery due by 5/27/2022. (ks)
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Filing 75
LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated May 5, 2022 re: Agreed discovery schedule. Document filed by E. Jean Carroll. (Attachments: #1 Text of Proposed Order / [Proposed] Scheduling Order).(Kaplan, Roberta)
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Filing 74
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated 3/10/22 re: notify the Court of the attached decision issued by a unanimous panel of the Appellate Division, First Department this afternoon. ENDORSEMENT: The Appellate Division of the New York Supreme Court yesterday held the 2020 amendment to N.Y. Civ. Rts. L. 76-a has only prospective effect. Gottwald v. Sebert, _ A.D. 3d _, Index No. 653118/2014 (1st Dep't filed Mar. 10, 2021). Its logic applies equally to the all of the 2020 amendments to the anti-SLAPP law. In the absence of compelling reasons to believe that the New York Court of Appeals would reach a different result, this Court is obliged under Erie to follow it. E.g., Hicks on Behalf of Feiockv. Feiock, 485 U.S. 624, 629-30 & n.3 (1988) (quoting West v. Am. Tel. & Tel. Co., 311 U.S. 223, 237 (1940)); AEI Life LLC v. Lincoln Benfit Life Co., 892 F.3d 126, 138-39 & n.15 (2d Cir. 2018) (quoting Pahuta v. Massey-Ferguson, Inc., 170 F.3d 125, 134 (2d Cir. 1999); Pentech Int'l, Inc. v. Wall Street Clearing Co., 983 F.2d 441, 445 (2d Cir.1993); Deeper Life Christian Fellowship, Inc. v. Sobol, 948 F.2d 79, 84 (2d Cir.1991). Nevertheless, contrary to plaintiff's suggestion, this does not moot the issues addressed in the opinion dated March 10, 2021 (Dkt. 73), as N.Y. Civ. Rts. L. 70-a applies not only to the commencement of a covered action, but also to its continuation. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/11/22) (yv)
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Filing 73
MEMORANDUM OPINION re: #63 MOTION to Amend/Correct Defendant's Answer. filed by Donald J. Trump. Defendant's motion, in his personal capacity, for leave to amend (Dkt. 63) is denied on the ground that the proposed amendment would be futile. In the alternative, it is denied in the exercise of discretion on the grounds that the defendant delayed unduly in seeking leave to amend, that the motion for leave is made at least in part for a dilatory purpose and thus at least in part in bad faith, and that granting the motion would prejudice the plaintiff unduly. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/10/22) (yv)
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Filing 72
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 71
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2022 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2022. Redacted Transcript Deadline set for 3/28/2022. Release of Transcript Restriction set for 5/25/2022..(Moya, Goretti)
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Filing 70
JOINT LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated February 24, 2022 re: response to the Court's request concerning previous stays. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Minute Entry for proceedings held before Judge Lewis A. Kaplan in courtroom 21B: Oral Argument held on 2/22/2022 re: #63 MOTION to Amend/Correct Defendant's Answer. filed by Donald J. Trump. Public dial-in line was active. Court's decision reserved. (Court Reporter Rebecca Forman) (Mohan, Andrew)
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Filing 69
MEMO ENDORSEMENT On the 2/14/2022 letter of Ms. Alina Habba requesting an adjournment of the 2/17/2022 oral argument date. Adjourned until 2/22/22 at 4:00 PM. (Signed by Judge Lewis A. Kaplan on 2/14/2022) (Mohan, Andrew)
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Filing 68
LETTER addressed to Judge Lewis A. Kaplan from Alina Habba, Esq. dated 2/14/2022 re: rescheduling oral arguments on Defendant's Motion to amend the answer. Document filed by Donald J. Trump..(Habba, Alina)
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Filing 67
ORDER, The Court will hear argument on defendant's motion for leave to file an amended answer on February 17, 2022 at 4:00 p.m. SO ORDERED. ( Oral Argument set for 2/17/2022 at 04:00 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 2/11/22) (yv)
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Dial in re Oral Argument set for 2/22/2022 at 04:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. Public seating in the gallery of courtroom 21B will be limited due to Covid-19 social distancing requirements. However, the public and press may dial in to listen to the oral argument as scheduled at 1-888-363-4749 and entering conference code 7664205#. Please be aware that Court rules prohibit listeners from recording or rebroadcasting the hearing in whole or in part. (Mohan, Andrew) Modified on 2/14/2022 (Mohan, Andrew).
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Filing 66
REPLY MEMORANDUM OF LAW in Support re: #63 MOTION to Amend/Correct Defendant's Answer. . Document filed by Donald J. Trump..(Habba, Alina)
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Filing 65
MEMORANDUM OF LAW in Opposition re: #63 MOTION to Amend/Correct Defendant's Answer. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 64
MEMORANDUM OF LAW in Support re: #63 MOTION to Amend/Correct Defendant's Answer. . Document filed by Donald J. Trump..(Habba, Alina)
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Filing 63
MOTION to Amend/Correct Defendant's Answer. Document filed by Donald J. Trump. (Attachments: #1 Affirmation of Alina Habba, Esq. with Exhibits, #2 Text of Proposed Order).(Habba, Alina)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alina Habba to RE-FILE Document #62 Reply Memorandum of Law in Support of Motion,. ERROR(S): Supporting and or Opposing/Response Document(s) linked to a deficient entry.. (kj)
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Filing 62
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #59 MOTION to Amend/Correct Notice of Defendant's Motion for Leave to Amend his Answer. . Document filed by Donald J. Trump..(Habba, Alina) Modified on 1/10/2022 (kj).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Roberta Kaplan to RE-FILE Document #61 Memorandum of Law in Opposition to Motion,. ERROR(S): Supporting and or Opposing/Response Document(s) linked to a deficient entry.. (kj)
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Filing 61
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #59 MOTION to Amend/Correct Notice of Defendant's Motion for Leave to Amend his Answer. . Document filed by E. Jean Carroll..(Kaplan, Roberta) Modified on 1/10/2022 (kj).
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Filing 60
NOTICE OF APPEARANCE by Joshua Adam Matz on behalf of E. Jean Carroll..(Matz, Joshua)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alina Habba to RE-FILE Document #59 MOTION to Amend/Correct Notice of Defendant's Motion for Leave to Amend his Answer.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Proposed Order(s) and/or Certificate of Service(s) can be filed with the Motion.. (kj)
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Filing 59
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct Notice of Defendant's Motion for Leave to Amend his Answer. Document filed by Donald J. Trump. (Attachments: #1 Affirmation of Alina Habba, Esq. with Exhibits, #2 Memorandum of Law, #3 Proposed Order).(Habba, Alina) Modified on 1/10/2022 (kj).
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Filing 58
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY, The substitution of attorney is hereby approved and SO ORDERED. (Attorney Alina Habba for Donald J. Trump added. Attorney Christine A. Montenegro; Paul J. Burgo and Marc E. Kasowitz terminated.) (Signed by Judge Lewis A. Kaplan on 11/22/21) (yv)
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Filing 57
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Donald J. Trump..(Habba, Alina)
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Filing 56
ORDER denying without prejudice #47 Letter Motion to Stay re: #47 LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Marc E. Kasowitz dated December 10, 2020. (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 55
ORDER granting #53 Motion to Withdraw as Attorney.. (Signed by Judge Lewis A. Kaplan on 1/18/2021) (Kaplan, Lewis)
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Filing 54
ORDER granting #52 Motion to Withdraw as Attorney. Attorney Joshua Adam Matz terminated (Kaplan, Lewis)
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Filing 53
MOTION for William Kerwin Lane III to Withdraw as Attorney . Document filed by United States of America..(Lane, William)
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Filing 52
MOTION for Joshua Matz to Withdraw as Attorney . Document filed by E. Jean Carroll. (Attachments: #1 Declaration of J. Matz in Support).(Matz, Joshua)
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Filing 51
LETTER REPLY to Response to Motion addressed to Judge Lewis A. Kaplan from Marc E. Kasowitz dated December 21, 2020 re: #47 LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Marc E. Kasowitz dated December 10, 2020. . Document filed by Donald J. Trump. (Attachments: #1 Exhibit 1 - Mar. 9, 2007 LEXIS Decision, In re World Trade Ctr. Disaster Site Litig. (2d Cir.)).(Kasowitz, Marc)
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Filing 50
MEMORANDUM OF LAW in Opposition re: #47 LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Marc E. Kasowitz dated December 10, 2020. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 49
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/11/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 48
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/11/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference held on 12/11/2020. Plaintiff's opposition to defendants motion to stay is due 12/17/2020 and Defendant's reply is due 12/21/2020. (Court Reporter Andrew Walker) (Mohan, Andrew)
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Filing 47
LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Marc E. Kasowitz dated December 10, 2020. Document filed by Donald J. Trump..(Kasowitz, Marc)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #45 Notice of Interlocutory Appeal filed by United States of America were transmitted to the U.S. Court of Appeals..(nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #46 Notice of Interlocutory Appeal..(nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #46 Notice of Interlocutory Appeal, filed by Donald J. Trump were transmitted to the U.S. Court of Appeals..(nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #45 Notice of Interlocutory Appeal..(nd)
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Filing 46
NOTICE OF INTERLOCUTORY APPEAL from #32 Order on Motion to Substitute Party,,. Document filed by Donald J. Trump. Filing fee $ 505.00, receipt number ANYSDC-22753482. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A - Order Denying Motion to Substitute).(Kasowitz, Marc)
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Filing 45
NOTICE OF INTERLOCUTORY APPEAL from #32 Order on Motion to Substitute Party,,. Document filed by United States of America. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Terrell, Stephen)
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Filing 44
ORDER: This action was commenced against Donald J. Trump in his individual (not his official) capacity in New York State court. By substitution for the original private counsel for Mr. Trump, Mark E. Kasowitz, Christine A. Montenegro, and Paul J. Burgo of the firm of Kasowitz Benson Torres LLP appeared on defendant's behalf on July 24, 2020. Dkt. 14-108. On September 8, 2020, the United States of America - represented by Stephen Terrell and other attorneys at the Department of Justice (the "DOJ") - removed the action to this Court and later moved to substitute the United States as defendant in place of Mr. Trump. Dkt. 1. On October 27, 2020, I denied that motion. Dkt. 33. Section 1450 of the Judicial Code, 28 U.S.C. 1450, provides in relevant part that "[a]ll injunctions, orders, and other proceedings had in such action [i.e., any removed action] prior to its removal shall remain in full force and effect until dissolved or modified by the district court." Accordingly, by virtue of their appearance on behalf of Mr. Trump in the state court, Messrs. Kasowitz and Burgo and Ms. Montenegro represent Mr. Trump in this removed action unless and until relieved by this Court. Nevertheless, the docket sheet erroneously lists Mr. Terrell and another attorney as counsel for defendant Trump. That is incorrect. They represent only the United States. The Clerk shall correct the docket sheet to reflect that (1) Messrs. Terrell and his colleagues at the DOJ represent only the United States of America and (2) Messrs. Kasowitz and Burgo and Ms. Montenegro represent Mr. Trump. The Clerk shall mail copies of this order, all others entered by this Court subsequent to removal, and the Court's opinion to counsel for Mr. Trump. Attorney Marc E. Kasowitz, Christine A. Montenegro, Paul J. Burgo for Donald J. Trump added. United States of America added. (Signed by Judge Lewis A. Kaplan on 11/18/2020) (tro) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #36 Order on Motion to Intervene, #27 Order on Motion to Continue, #20 Order, #38 Order on Application for the Court to Request Counsel, #26 Order on Motion to Continue, #41 Scheduling Order, Set Hearings, #32 Order on Motion to Substitute Party, #13 Order, #11 Memo Endorsement, Set Deadlines, #42 Order for Initial Pretrial Conference, 19 Order on Motion for Leave to File Excess Pages, #9 Order on Motion for Conference, #44 Order, Add and Terminate Attorneys, Add and Terminate Parties, 24 Order on Motion for Leave to File Document, #18 Order on Motion to Substitute Party, to Christine A. Montenegro, Marc E. Kasowitz, Paul J. Burgo at Kasowitz, Benson, Torres LLP (NYC), 1633 Broadway, New York, NY 10019 Via UPS Tracking Number: 1Z E22 E53 37 1005 148 0.(dsh)
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Filing 43
CERTIFICATE OF SERVICE of the Court's Order dated November 11, 2020 (Doc. No. 41) served on Donald J. Trump, in his personal capacity on November 13, 2020 and November 14, 2020. Document filed by E. Jean Carroll..(Matz, Joshua)
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Filing 42
ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows: Counsel receiving this order shall promptly mail copies hereof to all other counsel of record or, in the case of parties for which no appearance has been made, to such parties. Counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six (6) months from the date of this order, counsel shall sign and file within twenty-one (21) days from the date hereof a consent order in the form annexed for consideration by the Court. If such a consent order is not filed within the time provided, a teleconference will be held on 12/11/2020 at 9:30 AM. The teleconference can be reached by calling 888-363-4749 and using access code 7664205.( Initial Conference set for 12/11/2020 at 09:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 11/11/20) (yv)
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Filing 41
Initial Conference Order: The initial conference by telephone is set for 12/11/2020 at 09:30 AM before Judge Lewis A. Kaplan. Counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six (6) months from the date of this order, counsel shall sign and file within twenty-one (21) days from the date hereof a consent order in the form annexed for consideration by the Court. If such a consent order is not filed within the time provided, a teleconference will be held on 12/11/2020 at 9:30 AM. The teleconference can be reached by calling 888-363-4749 and using access code 7664205. (Signed by Judge Lewis A. Kaplan on 11/11/2020) (Mohan, Andrew)
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Filing 40
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/21/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 39
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/21/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/30/2020. Redacted Transcript Deadline set for 12/10/2020. Release of Transcript Restriction set for 2/8/2021..(McGuirk, Kelly)
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Filing 38
ORDER denying as moot #37 MOTION FOR COURT-APPOINTED COUNSEL. Denied as moot and on true merits. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/5/2020) (jca)
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Filing 37
MOTION FOR COURT-APPOINTED COUNSEL.Document filed by intervenor-plaintiff applicant , Raj K. Patel.(sc) Modified on 10/28/2020 (sc).
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Filing 36
MEMO ENDORSEMENT denying #33 Motion to Intervene. ENDORSEMENT: Denied. See Doe v. Trump, No. 19-9936 (LGS), Dkt. 272 (Mag 26, 2020). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/28/2020) (jca)
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Filing 35
MEMORANDUM OF LAW in Opposition re: #33 MOTION to Intervene. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 34
NOTICE OF PRO SE APPEARANCE. Document filed by Raj K. Patel, applicant to intervene in this action. (sc)
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Filing 33
RAJ PATEL'S (PRO SE)MOTION FOR PERMISSIVE INTERVENTION. Document filed by Raj Patel.(sc)
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Filing 32
Opinion and Order denying #3 Motion to Substitute Party. The President of the United States is not an employee of the Government within the meaning of the relevant statutes. Even if he were such an employee, President Trumps allegedly defamatory statements concerning Ms. Carroll would not have been within the scope of his employment. Accordingly, the motion to substitute the United States in place of President Trump [Dkt. 3] is denied.. (Signed by Judge Lewis A. Kaplan on 10/26/2020) (Mohan, Andrew)
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Filing 31
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/17/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 30
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/17/2020 before Judge J. Paul Oetken. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2020. Redacted Transcript Deadline set for 11/27/2020. Release of Transcript Restriction set for 1/24/2021..(McGuirk, Kelly)
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Filing 29
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/21/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 28
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/21/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2020. Redacted Transcript Deadline set for 11/27/2020. Release of Transcript Restriction set for 1/24/2021..(McGuirk, Kelly)
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Filing 27
CORRECTED ORDER denying #25 Letter Motion to Continue. Denied. The Court will hear the government's argument (a) in person if offered by an attorney who is permitted entry to the courthouse under existing rules and orders pertaining to COVID, or (b) by telephone from outside the courthouse if offered by any attorney not eligible to enter the courthouse. Alternatively, the Court will take the motion on submission without oral argument. The undersigned is not authorized to vary the existing restrictions on entry into the courthouse. It notes further that, contrary to the government's suggestion, it appears that Virginia was added to the list of Restricted States over a week ago. New York State, Governor Cuomo Announces Three States Added to Travel Advisory (Oct. 13, 2020), available at https://www.govenor.ny.gov/news/govenor-cuomo-announces-three-states-added-travel-advisory (last visited Oct. 21, 2020). The government shall advise the courtroom deputy as promptly as possible what it intends to do. So ordered. (Signed by Judge Lewis A. Kaplan on 10-21-2020) (Mohan, Andrew)
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Filing 26
ORDER with respect to #25 Letter Motion to Continue. Denied. The Court will hear the government's argument (a) in person if offered by an attorney who is permitted entry to the courthouse under existing rules and orders pertaining to COVID, or (b) by telephone from outside the courthouse if offered by any attorney not eligible to enter the courthouse. Alternatively, the Court will take the motion on submission without oral argument. The undersigned is not authorized to vary the existing restrictions on entry into the courthouse. The government shall advice the Courtroom deputy as promptly as possible what it intends to do.. (Signed by Judge Lewis A. Kaplan on 10/21/2020) (Mohan, Andrew)
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Filing 25
LETTER MOTION to Continue Hearing addressed to Judge Lewis A. Kaplan from Stephen R. Terrell dated 10/21/2020. Document filed by Donald J. Trump..(Terrell, Stephen)
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Motion Hearing held on 10/21/2020 re: #3 MOTION to Substitute Party. Old Party: Donald J. Trump, New Party: United States of America . filed by Donald J. Trump. Argument on submission. (Court Reporter Andrew Walker) (Mohan, Andrew)
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Filing 24
ORDER granting #15 Motion for Leave to File Document (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 23
NOTICE OF APPEARANCE by William Kerwin Lane, III on behalf of Donald J. Trump..(Lane, William)
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Filing 22
MEMORANDUM OF LAW in Opposition re: #15 MOTION for Leave to File Amicus Brief IN SUPPORT OF PLAINTIFFS OPPOSITION TO THE MOTION OF THE UNITED STATES TO SUBSTITUTE ITSELF AS THE DEFENDANT. . Document filed by Donald J. Trump..(Terrell, Stephen)
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Filing 21
REPLY MEMORANDUM OF LAW in Support re: #3 MOTION to Substitute Party. Old Party: Donald J. Trump, New Party: United States of America . . Document filed by Donald J. Trump..(Terrell, Stephen)
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Filing 20
ORDER: The argument of the pending motion on October 21 shall take place in Courtroom 21B rather than the ceremonial courtroom. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/14/2020) (jca)
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Filing 19
ORDER granting #17 Letter Motion for Leave to File Excess Pages (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 18
ORDER SCHEDULING ORAL ARGUMENT with respect to #3 MOTION to Substitute Party. Old Party: Donald J. Trump, New Party: United States of America. The Court will hear oral argument in the Ceremonial Courtroom on the motion of the United States to substitute the United States for President Donald J. Trump in his individual capacity on Wednesday, October 21, 2020 at 3:30 p.m. Thirty minutes are allocated to each of the plaintiff and the United States. Counsel for each of the plaintiff the defendant, and the United States each shall inform the deputy clerk on or before October 16, 202 of the number of attorneys and their assistants whom that party wishes to have present in the courtroom. The undersigned prohibits the bringing of any Personal Electronic Device or General Purpose Computing Device into courtrooms, witness rooms, robing rooms,jury rooms and associated spaces, and judicial chambers used by him absent written permission granted by him as provided by standing order of the Court. See In the Matter of Personal Electronic Devices and General Purpose Computing Devices, Standing Order Ml0-468 (revised), 14-mc-0047 (filed Feb. 27, 2014). That prohibition shall apply to the oral argument an any other proceedings in this case scheduled hereby notwithstanding In re Coronavirus/COVID-19 pandemic, Standing Order Ml0-468 (revised), 20-mc-316 (filed Sept. 9, 2020). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/9/2020) (jca)
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Filing 17
LETTER MOTION for Leave to File Excess Pages re: Reply in support of Motion to Substitute addressed to Judge Lewis A. Kaplan from Stephen Terrell dated 10/09/2020. Document filed by Donald J. Trump..(Terrell, Stephen)
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Set/Reset Hearings: Oral Argument set for 10/21/2020 at 03:30 PM before Judge Lewis A. Kaplan. (jca)
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Filing 16
MEMORANDUM OF LAW in Opposition re: #3 MOTION to Substitute Party. Old Party: Donald J. Trump, New Party: United States of America . . Document filed by E. Jean Carroll. (Attachments: #1 Affidavit of Roberta A. Kaplan In Support of Plaintiff's Opposition to Defendant's Motion to Substitute, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H).(Kaplan, Roberta)
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Filing 15
MOTION for Leave to File Amicus Brief IN SUPPORT OF PLAINTIFFS OPPOSITION TO THE MOTION OF THE UNITED STATES TO SUBSTITUTE ITSELF AS THE DEFENDANT. Document filed by Government Accountability Project. (Attachments: #1 Exhibit Amicus Brief).(Kolar, John)
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Filing 14
NOTICE of Lodging State Court Process, Pleadings, and Orders. Document filed by Donald J. Trump. (Attachments: #1 Summons (11/04/2019), #2 Complaint (11/04/2019), #3 Affirmation re Identification of Related Case (11/08/2019), #4 RJI Ex Parte Application (11/08/2019), #5 Orioised Ex Oarte Order (11/08/2019), #6 Affidavit in Supoport of Ex Parte Application (11/08/2019), #7 Exhibit (Summons and Complaint) (11/08/2019), #8 Exhibit (Trump Voter Registration ) (11/08/2019), #9 Exhibit (Nov 4 Service Attempt) (11/08/2019), #10 Exhibit (Nov 5 Service Attempt) (11/08/2019), #11 Exhibit (Nov 6 Service Attempt) (11/08/2019), #12 Exhibit (Nov 6 Service Attempt) (11/08/2019), #13 Exhibit (Nov 6 at White House) (11/08/2019), #14 Exhibit (E-mail) (11/08/2019, #15 Ex Parte Order (11/13/2019), #16 Notice of Appearance (11/13/2019), #17 Affirmation of Service (11/13/2019), #18 Notice of Appearance (11/13/2019), #19 Notice of Appearance (11/25/2019), #20 Stipulation - Briefing Schedule (11/26/2019), #21 Notice of Appearance (11/26/2019), #22 Letter/Correspondence - So Ordered (12/03/2019), #23 Letter to Judge (12/03/2019), #24 Exhibit (Affirmation re Identification of Related Case) (12/03/2019), #25 Letter Application to Administrative Judge (12/05/2019), #26 Letter to Judge (12/05/2019), #27 Order - Preliminary Conference (12/12/2019), #28 Proposed OSC (01/03/2020), #29 Affidavit in Support (01/03/2020), #30 Exhibit (Complaint) (01/03/2020), #31 Exhibit (11-13-19 Ex Parte order) (01/03/2020), #32 Exhibit (Preliminary Conference Order) (01/03/2020), #33 Memorandum of Law (01/03/2020), #34 Affirmation in Opposition to OSC (01/06/2020), #35 OSC - Decline/Withdrawn (01/08/2020), #36 Decision + Order of Motion (01/10/2020), #37 Notice of Entry (01/13/2020), #38 Stipulation (Briefing Schedule) (02/03/2020), #39 Stipulation - So Ordered (02/04/2020), #40 Notice of Appearance (02/04/2020), #41 Notice of Appearance (02/04/2020), #42 Notice of Appearance (02/04/2020), #43 Notice of Motion to Stay (02/04/2020), #44 Affidavit in Support of Motion (02/04/2020), #45 Exhibit (RJI Submissions) (02/04/2020), #46 Exhibit (Preliminary Conference Order) (02/04/2020), #47 Exhibit (Letter from Ct of Appeals) (02/04/2020), #48 Exhibit (So-Ordered Stipulation) (02/04/2020), #49 Memorandum of Law (02/04/2020), #50 Stipulation - Briefing Schedule (02/06/2020), #51 Stipulation - So Ordered (02/10/2020), #52 Stipulation - Adjournment of Motion (02/11/2020), #53 Notice of Appearance (02/18/2020), #54 Memorandum of Law in Opposition (02/18/2020), #55 Affiavit in Opposition to Motion (02/18/2020), #56 Exhibit (First Notice of Submit to Physical Examination (02/18/2020) (PART 1), #57 Exhibit (First Notice of Submit to Physical Examination (02/18/2020) (PART 2), #58 Exhibit (Discovery Stipulation) (02/18/2020), #59 Exhibit (Letter) (02/18/2020), #60 Exhibit (Notice of Motion) (02/18/2020), #61 Exhibit (Order) (02/18/2020), #62 Exhibit (Letter) (02/18/2020), #63 Exhibit (Letter) (02/18/2020), #64 Exhibit (Letter) (02/18/2020), #65 Exhibit (Email) (02/18/2020), #66 Exhibit (Memorandum of Law) (02/18/2020), #67 Affidavit in Reply (02/28/2020), #68 Exhibit (Article) (02/28/2020), #69 Exhibit (Answer) (02/28/2020), #70 Exhibit (Decision Granting Leave to Appeal) (02/28/2020), #71 Memorandum of Law in Reply (02/28/2020), #72 Letter to Judge (03/02/2020), #73 Exhibit (Complaint in Trump for President v. NYT Co.) (03/02/2020), #74 Letter to Judge (03/06/2020), #75 Exhibit (Complaint in Trump for President v. WP Co.) (03/06/2020), #76 Exhibit (Complaint in Trump for President v. CNN) (03/06/2020), #77 Letter to Judge (03/10/2020), #78 Letter to Judge (03/11/2020), #79 Letter to Judge (03/11/2020), #80 Court Appearance Update (03/20/2020), #81 Notice (04/14/2020), #82 Notice of Appearance (06/15/2020), #83 Notice of Motion (06/15/2020), #84 Affirmation in Support of Motion (06/15/2020), #85 Exhibit (Logo for The Apprentice) (06/15/2020), #86 Exhibit (Entry information page) (06/15/2020), #87 Exhibit (Entry information page) (06/15/2020), #88 Exhibit (FEC filing) (06/15/2020), #89 Exhibit (Report titled Expenditures) (06/15/2020), #90 Exhibit (Certified transcript of phone call) (06/15/2020), #91 Exhibit (Florida Voter Registration Applications) (06/15/2020), #92 Exhibit (Declaration of Use Agreement) (06/15/2020), #93 Memorandum of Law in Support (06/15/2020), #94 Letter to Judge (06/29/2020), #95 Letter to Judge (06/29/2020), #96 Exhibit (Correspondence Between Counsel) (06/29/2020), #97 Decision + Order on Motion (07/01/2020), #98 Letter to Judge (07/10/2020), #99 Exhibit (Trump v. Vance Opinion) (07/10/2020), #100 Letter to Judge (07/14/2020), #101 Exhibit (Brief for Appellant in Zervos) (07/14/2020), #102 Letter to Judge (07/15/2020), #103 Exhibit (Trump v. Mazars Opinion) (07/16/2020), #104 Letter to Judge (07/16/2020), #105 Exhibit (Reply Brief of Appellant in Zervos) (07/16/2020), #106 Letter to Judge (07/17/2020), #107 Exhibit (Submission to Court of Appeals) (07/17/2020), #108 Substitution of Attoeney (07/24/2020), #109 Letter to Judge (07/28/2020), #110 Exhibit (Letetr response to Court of Appeals) (07/28/2020), #111 Decision + Order on Motion (08/06/2020), #112 Notice of Entry (08/08/2020)).(Terrell, Stephen)
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Filing 13
ORDER: Accordingly, the United States, nor before September 18, 2020, shall file the entire state court record as of the time of removal. Each separate paper shall be filed as a separate numbered attachment, shall be clearly titled so hat the subject of the attachment is clear, and shall show the date of the attachment. Attachments hall be listed in chronological order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/14/2020) (jca)
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Filing 12
NOTICE of Lodging State Court Process, Pleadings, and Orders. Document filed by Donald J. Trump. (Attachments: #1 Process, Pleadings, and Orders Part 1, #2 Process, Pleadings, and Orders Part 2, #3 Process, Pleadings, and Orders Part 3, #4 Process, Pleadings, and Orders Part 4, #5 Process, Pleadings, and Orders Part 5, #6 Process, Pleadings, and Orders Part 6, #7 Process, Pleadings, and Orders Part 7, #8 Process, Pleadings, and Orders Part 8, #9 Process, Pleasings and Orders Part 9, #10 Process, Pleadings, and Orders Part 10, #11 Process, Pleadings, and Orders Part 11, #12 Process, Pleadings, and Orders Part 12).(Terrell, Stephen)
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Filing 11
MEMO ENDORSEMENT on re: #10 Letter filed by E. Jean Carroll. ENDORSEMENT: SO ORDERED. (Responses due by 10/5/2020, Replies due by 10/19/2020.) (Signed by Judge Lewis A. Kaplan on 9/11/2020) (jca)
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Filing 10
LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated September 11, 2020 re: Court's Order of September 10, 2020 (ECF 9). Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 9
ORDER granting in part and denying in part #8 Letter Motion for Conference. (Signed by Judge Lewis A. Kaplan on 9/10/2020) (Kaplan, Lewis)
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Filing 8
LETTER MOTION for Conference re: Schedule addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated September 10, 2020. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 7
CIVIL COVER SHEET filed..(Terrell, Stephen)
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Filing 6
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 160694/2019..Document filed by Donald J. Trump. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Westfall Act Certification, #3 Exhibit C - State Court Docket Index, #4 Exhibit D (Part 1) - State Court Process, Pleadings, and Orders (less exhibits), #5 Exhibit D (Part 2) - State Court Process, Pleadings, and Orders (less exhibits), #6 Exhibit D (Part 3) - State Court Process, Pleadings, and Orders (less exhibits)).(Terrell, Stephen)
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Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)
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Case Designated ECF. (pne)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stephen Terrell. The party information for the following party/parties has been modified: Donald J. Trump. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Stephen Terrell to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): caption entered on civil cover sheet does not match pleading caption. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the corrected PDF. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephen Terrell to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): As per Rule 13.3, each attachment to the pleading must be clearly titled in the ECF entry so the subject of the exhibit is clear; do not put only "Exhibit A, B, etc.". Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the PDF(s) - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
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Filing 5
NOTICE OF APPEARANCE by Joshua Adam Matz on behalf of E. Jean Carroll..(Matz, Joshua)
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Filing 4
NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of E. Jean Carroll..(Kaplan, Roberta)
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Filing 3
MOTION to Substitute Party. Old Party: Donald J. Trump, New Party: United States of America . Document filed by UNITED STATES OF AMERICA. (Attachments: #1 Memorandum of Points and Authorities, #2 Affidavit, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service).(Terrell, Stephen)
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Filing 2
FILING ERROR - PDF ERROR -CIVIL COVER SHEET filed..(Terrell, Stephen) Modified on 9/9/2020 (pne).
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Filing 1
FILING ERROR - EXHIBITS NOT CLEARLY TITLED - NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 160694/2019..Document filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (Part 1), #5 Exhibit D (Part 2), #6 Exhibit D (Part 3), #7 Certificate of Service).(Terrell, Stephen) Modified on 9/9/2020 (pne).
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