Haley v. Weinstein
| Miriam Haley |
| Harvey Weinstein |
| 1:2020cv09109 |
| October 30, 2020 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 ct Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 48 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Harvey Weinstein pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Miriam Haley. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Cuti, John) |
| Filing 47 REPLY MEMORANDUM OF LAW in Support re: #44 MOTION to Stay . . Document filed by Harvey Weinstein..(Ansari, Imran) |
| Filing 46 MEMORANDUM OF LAW in Opposition re: #44 MOTION to Stay . . Document filed by Miriam Haley..(Cuti, John) |
| Filing 45 MEMORANDUM OF LAW in Support re: #44 MOTION to Stay . . Document filed by Harvey Weinstein..(Ansari, Imran) |
| Filing 44 MOTION to Stay . Document filed by Harvey Weinstein..(Ansari, Imran) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Imran H. Ansari to RE-FILE Document #43 MOTION to Stay MEMORANDUM OF LAW IN SUPPORT OF MOTION. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Imran H. Ansari to RE-FILE Document #42 Notice (Other). Use the event type Stay found under the event list Motions. NOTE: Re-file this document first. (ldi) |
| Filing 43 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Stay MEMORANDUM OF LAW IN SUPPORT OF MOTION. Document filed by Harvey Weinstein..(Ansari, Imran) Modified on 5/9/2021 (ldi). |
| Filing 42 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Motion to Stay. Document filed by Harvey Weinstein..(Ansari, Imran) Modified on 5/9/2021 (ldi). |
| Filing 41 LETTER addressed to Judge John P. Cronan from Imran H. Ansari, Esq. and John R. Cuti dated 4/30/21 re: Discovery Scheduling Order. Document filed by Harvey Weinstein..(Ansari, Imran) |
Filing 40
MEMO ENDORSEMENT: on re: #35 Letter filed by Harvey Weinstein. ENDORSEMENT: The Court finds that no pre-motion conference is necessary. Defendant shall file his motion to stay by May 6, 2021. Plaintiff's opposition is due May 20, 2021. Defendant's reply is due May 27, 2021. Further, in light of Plaintiff's pending Motion for Summary Judgment, the parties are directed to file a joint letter with the Court by April 30, 2021, advising the Court of their views onwhether the Court should enter a discovery scheduling order. SO ORDERED., ( Motions due by 5/6/2021., Responses due by 5/20/2021, Replies due by 5/27/2021.) (Signed by Judge John P. Cronan on 4/22/2021) (ama)
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| Filing 39 LETTER from Imran H. Ansari dated April 20, 2021 re: Response to ECF 38 re: Defendant's Pre-Motion Conference Letter. Document filed by Harvey Weinstein..(Ansari, Imran) |
| Filing 38 LETTER addressed to Judge John P. Cronan from John R. Cuti dated April 19, 2021 re: Response to ECF 35, Defendant's Pre-Motion Conference Letter. Document filed by Miriam Haley..(Cuti, John) |
| Filing 37 REPLY MEMORANDUM OF LAW in Support re: #25 MOTION for Summary Judgment Notice of Motion. . Document filed by Miriam Haley..(Cuti, John) |
| Filing 36 RESPONSE re: #33 Counter Statement to Rule 56.1 Plaintiff's Reply to Defendant's Response to Plaintiff's 56.1 Statement and Plaintiff's Response to Defendant's Statement of Additional Facts. Document filed by Miriam Haley..(Cuti, John) |
| Filing 35 LETTER addressed to Judge John P. Cronan from Imran H. Ansari, Esq. dated April 14, 2021 re: Pre-motion Conference Letter RE: Motion to Stay. Document filed by Harvey Weinstein..(Ansari, Imran) |
| Filing 34 MEMORANDUM OF LAW in Opposition re: #25 MOTION for Summary Judgment Notice of Motion. . Document filed by Harvey Weinstein. (Attachments: #1 Affidavit Declaration of Imran H. Ansari, #2 Exhibit A - Superseding Indictment, #3 Exhibit B - Haley Testimony, #4 Exhibit C- Notice of Appeal, #5 Exhibit D- Appellate Brief, #6 Exhibit E - Sandoval Hearing, #7 Exhibit F - Ziv Trial Transcript, #8 Exhibit G - Entin Trial Transcript, #9 Exhibit H - Ziv Grand Jury Transcript, #10 Exhibit I - Loftus Trial Transcript, #11 Exhibit J - Juror No. 11 Questioning re Age of Consent, #12 Exhibit K - A. Aidala to Hon. Judge Burke re Juror No. 11, #13 Exhibit L - Juror No. 11 Questioning re Book reviews, #14 Exhibit M - D. Cheronis to Hon. Judge Burke re Juror No. 11).(Ansari, Imran) |
| Filing 33 COUNTER STATEMENT TO #27 Rule 56.1 Statement. Document filed by Harvey Weinstein..(Ansari, Imran) |
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Filing 32
ORDER granting #31 Letter Motion for Leave to File Excess Pages. Defendant's request is granted. Defendant may file a Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgment of up to thirty-five pages. SO ORDERED. (Signed by Judge John P. Cronan on 3/30/2021) (nb)
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| Filing 31 LETTER MOTION for Leave to File Excess Pages in Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgment addressed to Judge John P. Cronan from Imran H. Ansari dated March 30, 2021. Document filed by Harvey Weinstein..(Ansari, Imran) |
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Filing 30
ORDER granting #29 LETTER MOTION for Extension of Time to File Opposition addressed to Judge John P. Cronan from Imran H. Ansari, Esq. dated March 18, 2021. Document filed by Harvey Weinstein. Defendant's request is granted. Defendant's opposition to Plaintiff's motion for partial summary judgment is due April 7, 2021. Plaintiff's reply, if any, is due April 14, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 3/18/2021) (rjm)
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| Filing 29 LETTER MOTION for Extension of Time to File Opposition addressed to Judge John P. Cronan from Imran H. Ansari, Esq. dated March 18, 2021. Document filed by Harvey Weinstein..(Ansari, Imran) |
| Set/Reset Deadlines: Responses due by 4/7/2021. Replies due by 4/14/2021. (rjm) |
| Filing 28 MEMORANDUM OF LAW in Support re: #25 MOTION for Summary Judgment Notice of Motion. . Document filed by Miriam Haley..(Cuti, John) |
| Filing 27 RULE 56.1 STATEMENT. Document filed by Miriam Haley..(Cuti, John) |
| Filing 26 DECLARATION of John R. Cuti in Support re: #25 MOTION for Summary Judgment Notice of Motion.. Document filed by Miriam Haley. (Attachments: #1 Exhibit A- Superseding Indictment, #2 Exhibit B- DA's Office Press Release, #3 Exhibit C- AP News Article, #4 Exhibit D- Excerpts from Trial Testimony, #5 Exhibit E- Jury Instructions, #6 Exhibit F- Jury Verdict, #7 Exhibit G- New York Times Article, #8 Exhibit H- Criminal Appeal Docket).(Cuti, John) |
| Filing 25 MOTION for Summary Judgment Notice of Motion. Document filed by Miriam Haley..(Cuti, John) |
| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on February 24, 2021. Plaintiff's motion for partial summary judgment is due March 10, 2021. Defendant's opposition is due March 24, 2021. Plaintiff's reply, if any, is due March 31, 2021. (Court Reporter Andrew Walker) (mhe) |
| Filing 24 ANSWER to #1 Complaint. Document filed by Harvey Weinstein..(Ansari, Imran) |
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Filing 23
ORDER. For the foregoing reasons, the Court grants Defendant's Motion to Vacate the Certificate of Default. Defendant must file an answer or otherwise respond to the Complaint by February 24, 2021. The Clerk of Court is respectfully directed to vacate the entry of default at Docket Number 12 and to terminate the motions pending on Docket Numbers 21 and 22. SO ORDERED. Granting #21 MOTION to Set Aside Default MEMORANDUM OF LAW IN SUPPORT OF MOTION filed by Harvey Weinstein, #22 LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Imran H. Ansari, Esq. dated February 19, 2021. filed by Harvey Weinstein; Granting #22 Letter Motion for Extension of Time to Answer re #21 MOTION to Set Aside Default MEMORANDUM OF LAW IN SUPPORT OF MOTION. #22 LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Imran H. Ansari, Esq. dated February 19, 2021. Document filed by Harvey Weinstein. Harvey Weinstein answer due 2/24/2021. (Signed by Judge John P. Cronan on 2/22/2021) (rjm)
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| Filing 22 LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Imran H. Ansari, Esq. dated February 19, 2021. Document filed by Harvey Weinstein..(Ansari, Imran) |
| Filing 21 MOTION to Set Aside Default MEMORANDUM OF LAW IN SUPPORT OF MOTION. Document filed by Harvey Weinstein..(Ansari, Imran) |
| Filing 20 NOTICE of MOTION TO SET ASIDE DEFAULT. Document filed by Harvey Weinstein..(Ansari, Imran) |
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Filing 19
ORDER. The Court vacates its Order dated January 22, 2021 and adjourns sine die all deadlines set in that Order as well as the March 24, 2021 conference. Defendant, however, has yet to file a motion with this Court to vacate the Certificate of Default entered against him. Neither has Defendant filed a request for an extension of time to respond to the Complaint to February 24, 2021 or otherwise. Defendant is directed to submit these applications by no later than February 19, 2021. Defendant's submissions must specify whether Plaintiff still consents to these requests. The Court has also reviewed Plaintiff's letter, dated February 5, 2021 (Dkt. 17), requesting a pre-motion conference to discuss her forthcoming partial summary judgment motion against Defendant, and Defendant's response to that letter, dated February 5, 2021 (Dkt. 18). The Court will hold a pre-motion conference on February 24, 2021 at 11:00 a.m., during which the Court will discuss the issues raised in the parties' pre motion letters. Unless the Court directs otherwise, the Court plans to conduct the conference by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. The Clerk of Court is respectfully directed to terminate the motion pending on Docket Number 17. SO ORDERED. Granting #17 LETTER MOTION for Conference (Pre-motion Conference) addressed to Judge John P. Cronan from John R. Cuti dated February 5, 2021. Document filed by Miriam Haley. (Pre-Motion Conference set for 2/24/2021 at 11:00 AM before Judge John P. Cronan. Telephone Conference set for 2/24/2021 at 11:00 AM before Judge John P. Cronan). (The following deadline(s) was terminated: Motions Deadline. Reply Deadline. Response Deadline. The following hearing(s) was terminated: Initial Conference. Show Cause Hearing.) (Signed by Judge John P. Cronan on 2/16/2021) (rjm)
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| Set/Reset Deadlines: Motions due by 2/19/2021. (rjm) |
| Filing 18 LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from Imran H. Ansari dated 02/11/2021 re: #17 LETTER MOTION for Conference (Pre-motion Conference) addressed to Judge John P. Cronan from John R. Cuti dated February 5, 2021. . Document filed by Harvey Weinstein..(Ansari, Imran) |
| Filing 17 LETTER MOTION for Conference (Pre-motion Conference) addressed to Judge John P. Cronan from John R. Cuti dated February 5, 2021. Document filed by Miriam Haley..(Cuti, John) |
| Filing 16 STATUS REPORT. Document filed by Miriam Haley..(Cuti, John) |
| Filing 15 NOTICE OF APPEARANCE by Imran H. Ansari on behalf of Harvey Weinstein..(Ansari, Imran) |
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Filing 14
Vacated as per Judge's Order dated 2/16/2021, Doc. #19 ORDER. It is hereby ORDERED that no later than February 12, 2021 Plaintiff shall move for default judgment as to Defendant, in accordance with Local Civil Rule 55.2 and 3.F of the Court's Individual Rules and Practices for Civil Cases. Pursuant to this Court's Individual Rules, Plaintiff must serve her motion for default judgment and supporting paperwork on Defendant and file an Affidavit of Service on ECF by February 26, 2021. Defendant shall file any opposition to the motion for default judgment no later than March 12, 2021. Plaintiff shall file any reply no later than March 19, 2021. It is further ORDERED that Defendant appears and shows cause at a hearing before this Court on March 24, 2021, at 12:00 p.m., why an order should not be issued granting a default judgment against Defendant. That hearing shall take place telephonically. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. In the event that Defendant does not appear, Plaintiff's counsel should be prepared to discuss any communications with Defendant or representatives for Defendant regarding this litigation and any intent to challenge the suit, including discussions about the alleged illegal conduct prior to the filing of the lawsuit; how Defendant was served with the Summons and Complaint and this Order; why Plaintiff's counsel is confident that Defendant has been served with those documents and has notice of the hearing; and the method for calculating damages. In the event that Defendant appears in this case and opposes the motion for default judgment prior to the scheduled court appearance on March 24, 2021, that court appearance shall also serve as an Initial Case Management Conference pursuant to 5.B of the Court's Individual Rules and Practices in Civil Cases in the event the Court declines to issue a default judgment at the hearing, and as further set forth in this Order. So ordered. (Show Cause Hearing set for 3/24/2021 at 12:00 PM before Judge John P. Cronan. Initial Conference set for 3/24/2021 at 12:00 PM before Judge John P. Cronan. Telephone Conference set for 3/24/2021 at 12:00 PM before Judge John P. Cronan.) (Motions due by 2/12/2021. Responses due by 3/12/2021. Replies due by 3/19/2021.) (Signed by Judge John P. Cronan on 1/22/2021) (rjm) Modified on 2/16/2021 (rjm).
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| Filing 13 STATUS REPORT. Document filed by Miriam Haley..(Cuti, John) |
| Filing 12 Vacated as per Judge's Order dated 2/22/2021, Doc. #23 CLERK'S CERTIFICATE OF DEFAULT as to Harvey Weinstein.(km) Modified on 2/22/2021 (rjm). |
| Filing 11 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Miriam Haley. (Attachments: #1 Exhibit 1 - Affirmation in Support of Request for Certificate of Default, #2 Exhibit 2 - Proposed Certificate of Default).(Cuti, John) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
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Filing 10
ORDER. Plaintiff is hereby ORDERED to file a status letter with the Court by no later than January 29, 2021. In that letter, Plaintiff shall inform the Court as to the status of this litigation, including whether she intends to move for a default judgment against Defendant. Further, the Initial Pretrial Conference scheduled for January 22, 2021, at 2:00 p.m. is hereby adjourned sine die. SO ORDERED. (The following hearing(s) was terminated: Initial Conference). (Signed by Judge John P. Cronan on 1/19/2021) (rjm)
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| Filing 9 SUMMONS RETURNED EXECUTED. Harvey Weinstein served on 11/18/2020, answer due 12/9/2020. Document filed by Miriam Haley..(Gregorio, Heather) |
| Filing 8 NOTICE OF APPEARANCE by Heather Clare Gregorio on behalf of Miriam Haley..(Gregorio, Heather) |
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Filing 7
NOTICE OF ASSIGNMENT: Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on January 22, 2021 at 2:00 p.m. In light of the ongoing COVID-19 pandemic, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Initial Conference set for 1/22/2021 at 02:00 PM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 11/5/2020) (va)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Harvey Weinstein..(pc) |
| Magistrate Judge Gabriel W. Gorenstein 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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) |
| Case Designated ECF. (pc) |
| Filing 5 NOTICE OF APPEARANCE by Gloria Rachel Allred on behalf of Miriam Haley..(Allred, Gloria) |
| Filing 4 NOTICE OF APPEARANCE by John R. Cuti on behalf of Miriam Haley..(Cuti, John) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Harvey Weinstein, re: #1 Complaint. Document filed by Miriam Haley..(Wang, Mariann) |
| Filing 2 CIVIL COVER SHEET filed..(Wang, Mariann) |
| Filing 1 COMPLAINT against Harvey Weinstein. (Filing Fee $ 400.00, Receipt Number ANYSDC-22386796)Document filed by Miriam Haley..(Wang, Mariann) |
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| Defendant: Harvey Weinstein | |
| Represented By: | Imran H. Ansari |
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| Plaintiff: Miriam Haley | |
| Represented By: | Gloria Rachel Allred |
| Represented By: | Mariann Meier Wang |
| Represented By: | John R. Cuti |
| Represented By: | Heather Clare Gregorio |
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