Rapp et al v. Fowler
Plaintiff: Anthony Rapp and C. D.
Defendant: Kevin Spacey Fowler and Kevin Spacey
Respondent: Adam Vary
Case Number: 1:2020cv09586
Filed: November 13, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis A Kaplan
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332 ct Diversity-(Citizenship)
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on October 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2022 Opinion or Order Filing 218 MEMORANDUM OPINION ON PLAINTIFF RAPP'S RENEWED MOTION TO REMAND re: #173 SECOND MOTION to Remand to State Court . filed by C. D., Anthony Rapp. The defendant's renewed motion to remand this action to state court [Dkt. 171] is DENIED in all respects. The foregoing constitute the Court's findings of fact and conclusions of law. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/6/22) (yv)
June 6, 2022 Opinion or Order Filing 217 MEMORANDUM OPINION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT re: #176 MOTION for Summary Judgment . filed by Kevin Spacey Fowler. Defendant's motion for summary judgment dismissing the complaint (Dkt. 159) is granted to the extent that the first cause of action is dismissed, but denied in all other respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/6/22) (yv)
June 1, 2022 Opinion or Order Filing 216 MEMO ENDORSEMENT granting [20 in 22mc63] Letter Motion for Discovery. ENDORSEMENT : This Court's May 19, 2022 order [Dkt 17], as modified by its May 25, 2022 order [Dkt 19], is entirely clear: "Mr. Vary, on or before June 7, 2022, shall submit for in camera inspection, under seal, all documents responsive to Request Nos. 1 through 6, 9, 11 through 21, and 26 through 29 of Mr. Fowler's December 29, 2021 subpoena." There is no ambiguity. And Mr. Vary' s counsel ought to bear in mind that an order of the Court is not to be treated as the commencement of a dialogue with counsel. Mr. Vary shall comply with the modified May 19, 2022 order on or before June 7, 2022. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/1/22) (yv)
May 26, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lewis A. Kaplan: Evidentiary Hearing held on 5/26/2022. Court's decision reserved. (Court Reporter Andrew Walker) (Mohan, Andrew)
May 25, 2022 Opinion or Order Filing 215 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated May 25, 2022 re: Response to Mr. Saghir's May 25, 2022 Letter. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
May 25, 2022 Opinion or Order Filing 214 LETTER addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 5/25/2022 re: Improper Submission of Calendars. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A - Plaintiffs' First Notice To Produce Regarding Jurisdictional Discovery 2-5-2021, #2 Exhibit Exhibit B - Defendant Kevin Fowler's Responses and Objections Plaintiffs' First Notice to Produce Regarding Jurisdictional Discovery 3-6-2021, #3 Exhibit Exhibit C - Plaintiff's Fifth Notice to Produce 1-18-2022, #4 Exhibit Exhibit D - Defendant's Responses Objections to Plaintiff's Fifth Notice to Produce 2-17-2022).(Saghir, Peter)
May 25, 2022 Opinion or Order Filing 213 MEMO ENDORSEMENT granting [18 in 22mc63] Letter Motion for Discovery. ENDORSEMENT: This letter motion for reconsideration and, on reconsideration, vacatur of the order dated May 19, 2022 (22-mc-0063 Dkt 17) (the "May 19 Order") or, alternatively, relief from the scope and timing of that order is GRANTED to the extent that the Court has reconsidered the May 19 Order. On reconsideration, it MODIFIES THE MAY 19 ORDER to provide that Mr. Vary, on or before June 7, 2022, shall submit for in camera inspection, under seal, all documents responsive to Request Nos. I through 6, 9, 11 through 21, and 26 through 29 of Mr. Fowler's December 29, 2021 subpoena. In all other respects the Court adheres to its original decision. n view of the letter from Mr. Vary's counsel, a number of other points are pertinent. I. The letter begins by presupposing that California law governs and that Mr. Vary's claimed protection therefore is absolute, thus obviating the need for in camera inspection. Even putting aside choice of law questions, however, he appears to be mistaken. California state law provides an absolute immunity from contempt, though not other sanctions, and not a privilege against disclosure. New York Times Co. v. Superior Court, 51 Cal.3d 453, 461-64 (1990) (clarifying that "the [California] shield law by its own tem1s" is "not a privilege"). 1 Disobedience of a federal court order, however, can constitute civil contempt under federal law and, in some circumstances, a federal crime. See, e.g., 18 U.S.C. 401(3). Other sanctions short of contempt may be available to federal courts under the Rules of Civil Procedure and the Rules Enabling Act. California's shield law affords no immunity from any. See U.S. CONST., Art. VI. Accordingly, it cannot obviate the need for in camera inspection. 2. In the same paragraph, Mr. Vary shifts from California law to claiming that in camera review would violate his claimed First Amendment rights as a journalist. But any First Amendment protection is qualified, and the burden of establishing its existence is on Mr. Vary. Moreover, the existence or level of First Amendment protection depends upon whether Mr. Vary was acting as an independent journalist as opposed to someone writing an article to achieve some purpose of another person, in this case perhaps Mr. Rapp. See Chevron Corp. v. Berlinger, 629 F.3d 297, 307-08 (2d Cir. 2011 ). Here, evidence already of record discloses that Messrs. Rapp and Vary were friends of more than 20 years standing when Rapp approached Vary with his claim concerning Mr. Fowler. Moreover, it indicates that Mr. Vary did not report certain detail imparted to him by Rapp because that detail could not be verified. Accordingly, while the Court has reached no conclusion, there perhaps is some basis for inferring that Mr. Vary acted to achieve a purpose of Mr. Rapp and that his reporting was influenced by their friendship. Many of the disputed requests go to these issues and thus are relevant to the existence or level of any First Amendment protection. 3. Mr. Vary suggests also that he should not be compelled to produce attorney-client communications for in camera review. To be sure, his response to the document request included the statement "Vary objects to this Request to the extent that it calls for material protected from disclosure by the attorney-client privilege, the attorney work product doctrine, and any other applicable privilege or doctrine." 22-mc-0063 Dkt 1-1. But that was not a sufficient assertion of attorney-client privilege. It did not in fact say that any allegedly privileged document that was responsive to the request actually existed, let alone its nature, subject matter, date, and so on. He has not produced a privilege log. And the burden is entirely on him to show that there in fact are responsive privileged documents and that the several essential elements of attorney-client privilege in fact are satisfied. He has not met that burden. So Ordered. (Signed by Judge Lewis A. Kaplan on 5/25/22) (yv) Modified on 6/3/2022 (yv).
May 24, 2022 Opinion or Order Filing 212 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated May 24, 2022 re: Additional Information Regarding Travel. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit Calendars).(Scolnick, Chase)
May 19, 2022 Opinion or Order Filing 211 ORDER. On or before May 31, 2022, Mr. Vary shall submit for in camera inspection, under seal, all documents responsive to Mr. Fowler's December 29, 2021 subpoena [Dkt 1-6, 22-mc-0063]. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/19/22) (yv)
April 28, 2022 Opinion or Order Filing 210 ORDER, The Court will conduct a targeted evidentiaty hearing consisting of testimony by the defendant on plaintiff's second motion to remand May 26, 2022 commencing at 9:30 a.m. in Courtroom 21B. SO ORDERED. ( Evidentiary Hearing set for 5/26/2022 at 09:30 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 4/28/22) (yv)
April 27, 2022 Opinion or Order Filing 209 DECLARATION of Peter J. Saghir in Support re: #173 SECOND MOTION to Remand to State Court .. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit Z - Charlie Rose Transcript, #2 Exhibit Exhibit AA - The Kevin Spacey Foundation UK Charitable Registry, #3 Exhibit Exhibit BB - Kevin Spacey EBT Transcript, #4 Exhibit Exhibit CC - 2018 Maryland Resident Income Tax Return, #5 Exhibit Exhibit DD - Maryland 2018 State & Local Tax Forms & Instructions, #6 Exhibit Exhibit EE - 2018 Baltimore City Tax Rates, #7 Exhibit Exhibit FF - SDAT Real Property Data Search, #8 Exhibit Exhibit GG - Maryland Department of Assessments and Taxation Glossary, #9 Exhibit Exhibit HH - Trigger Street Productions Entity Info., #10 Exhibit Exhibit II - Deed for 3048 Schubert Drive, #11 Exhibit Exhibit JJ - Affidavit of Service for Summons and Complaint in London, #12 Exhibit Exhibit KK - Select Pages from Defendant's Tax Returns Produced With His Second Production of Documents, #13 Exhibit Exhibit LL - Maryland Manual On-Line for Baltimore City, Maryland, #14 Exhibit Exhibit MM - Deed for 622 Ponte Villas North, #15 Exhibit Exhibit NN - Certificate of Satisfaction for 801 Key Highway, #16 Exhibit Exhibit OO - Maryland Income Tax Administrative Release).(Saghir, Peter)
April 27, 2022 Opinion or Order Filing 208 REPLY MEMORANDUM OF LAW in Support re: #173 SECOND MOTION to Remand to State Court . Memorandum of Law in Further Support of Plaintiffs Renewed Motion to Remand. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
April 25, 2022 Opinion or Order Filing 207 MEMORANDUM AND ORDER denying #148 Letter Motion to Compel. Plaintiff Rapp's motion to compel production of documents pursuant to his second notice to produce and for an additional deposition of Mr. Fowler (Dkt 148) is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/25/22) (yv)
April 22, 2022 Opinion or Order Filing 206 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated April 22, 2022 re: ECF No. 205. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
April 22, 2022 Opinion or Order Filing 205 DECLARATION of Kevin Spacey Fowler in Opposition re: #173 SECOND MOTION to Remand to State Court .. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit 20, #2 Exhibit 21).(Scolnick, Chase)
April 22, 2022 Opinion or Order Filing 204 ***EX-PARTE***REDACTION to #201 Letter (Additional Unredacted Witness Statement Filed Under Seal for In Camera Inspection) by Kevin Spacey FowlerMotion or Order to File Under Seal: #186 .(Scolnick, Chase)
April 22, 2022 Opinion or Order Filing 203 REDACTION to #201 Letter (Additional Redacted Witness Statement) by Kevin Spacey Fowler.(Scolnick, Chase)
April 21, 2022 Opinion or Order Filing 202 ***EX-PARTE***REDACTION to #201 Letter (Unredacted Witness Statement Filed Under Seal for In Camera Inspection) by Kevin Spacey FowlerMotion or Order to File Under Seal: #186 .(Scolnick, Chase)
April 21, 2022 Opinion or Order Filing 201 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated April 21, 2022 re: Additional MRC Witness Statement. Document filed by Kevin Spacey Fowler. (Attachments: #1 (Redacted Witness Letter)).(Scolnick, Chase)
April 20, 2022 Opinion or Order Filing 200 LETTER addressed to Judge Lewis A. Kaplan from Richard M Steigman dated 4/20/2022 re: Hearing. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
April 20, 2022 Opinion or Order Filing 199 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated April 20, 2022 re: Defendant's Position on Evidentiary Hearing. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
April 20, 2022 Opinion or Order Filing 198 DECLARATION of William M. Weintraub in Opposition re: #173 SECOND MOTION to Remand to State Court .. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
April 20, 2022 Opinion or Order Filing 197 DECLARATION of Geoconda Ruiz-Hoffman in Opposition re: #173 SECOND MOTION to Remand to State Court .. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Scolnick, Chase)
April 20, 2022 Opinion or Order Filing 196 DECLARATION of Chase A. Scolnick in Opposition re: #173 SECOND MOTION to Remand to State Court .. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19).(Scolnick, Chase)
April 20, 2022 Opinion or Order Filing 195 DECLARATION of Evan Lowenstein in Opposition re: #173 SECOND MOTION to Remand to State Court .. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15).(Scolnick, Chase)
April 20, 2022 Opinion or Order Filing 194 DECLARATION of Kevin Spacey Fowler in Opposition re: #173 SECOND MOTION to Remand to State Court .. Document filed by Kevin Spacey Fowler. (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).(Scolnick, Chase)
April 20, 2022 Opinion or Order Filing 193 MEMORANDUM OF LAW in Opposition re: #173 SECOND MOTION to Remand to State Court . (Memorandum of Law in Support of Defendant's Opposition to Plaintiff's Renewed Motion to Remand). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
April 20, 2022 Opinion or Order Filing 192 ***EX-PARTE***REDACTION to #190 Order, (Letter from C. Scolnick enclosing copies of deposition transcripts under seal for in camera inspection) by Kevin Spacey Fowler (Attachments: #1 Witness Deposition 1, #2 Witness Deposition 2, #3 Witness Deposition 3, #4 Witness Deposition 4, #5 Witness Deposition 5, #6 Witness Deposition 6)Motion or Order to File Under Seal: #190 .(Scolnick, Chase)
April 15, 2022 Opinion or Order Filing 191 REDACTION to #189 Order, Letter from Chase Scolnick to Judge Kaplan, attaching Redacted Copies of Declaration and Letter, by Kevin Spacey Fowler (Attachments: #1 (Redacted Copies of Declaration and Letter)).(Scolnick, Chase)
April 14, 2022 Opinion or Order Filing 190 ORDER: On or before April 20, 2022, defendant shall submit for in camera inspection, under seal, the depositions of the six witnesses whose names appear as headings on pages 20-27 of the arbitration award that were received at the Netflix arbitration hearing and the transcripts of any oral testimony give by any of them at that hearing. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/14/2022) (ks)
April 14, 2022 Opinion or Order Filing 189 ORDER. Defendant shall file on the public record copies of the declaration and letter that were docketed ex parte as Dkt 187 redacted to obscure the names of the persons who signed them. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/14/22) (yv)
April 13, 2022 Opinion or Order Filing 188 MEMORANDUM AND ORDER. The Court is considering whether to hold a targeted evidentiary hearing on plaintiff Rapp's motion to remand insofar as raises the issue of the defendant's domicile at a relevant time or times, see Zappia Middle E. Constr. Co. v. Emirate of Abu Dhabi, 215 F.3d 247,253 (2d Cir. 2000), and, should it elect to do so, whether it should hear live testimony (whether in person or via video) from any witness( es) in addition to the defendant. Counsel shall confer promptly concerning their views on these issues. On or before April 20, they shall file a report or reports as to their position or positions on these matters including their rationales for hearing live testimony from any suggested witness other than the defendant. The parties shall include in the report or reports a statement as to dates in May and June when such a hearing conveniently could be held and its estimated duration. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/13/22) (yv)
April 12, 2022 Opinion or Order Filing 187 ***EX-PARTE***REDACTION to #186 Order, (Witness Letters filed under seal and in camera per Court's Order) by Kevin Spacey FowlerMotion or Order to File Under Seal: #186 .(Scolnick, Chase)
April 12, 2022 Opinion or Order Filing 186 ORDER. On April 4, 2022, the Court granted defendant's motion for leave to file certain statements under seal and in camera. Nevertheless, none of the promised statements has been filed. Accordingly, defendant shall file any such statements on or before April 15, 2022. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/12/22) (yv)
April 8, 2022 Opinion or Order Filing 185 DECLARATION of Peter J. Saghir in Opposition re: #176 MOTION for Summary Judgment .. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A - Excerpt of Anthony Rapp's EBT Transcript, #2 Exhibit Exhibit B - Kevin Spacey's Twitter Statement, #3 Exhibit Exhibit C - Excerpt of Andrew Holtzman's EBT Transcript, #4 Exhibit Exhibit D - Excerpt of Justin Dawes' EBT Transcript, #5 Exhibit Exhibit E - Excerpt of Kevin Spacey's EBT Transcript, #6 Exhibit Exhibit F - People v. Anthinez _alexander_ 2021 N.Y. Misc. LEXIS 1314, #7 Exhibit Exhibit G - People v Colon _Eladio_ 2017 N.Y. Misc. LEXIS 3654, #8 Exhibit Exhibit H - People v Kahl _Kristopher_ 2017 N.Y. Misc. LEXIS 386, #9 Exhibit Exhibit I - People v Michael H._ 2021 N.Y. Misc. LEXIS 4789, #10 Exhibit Exhibit J - Richardson v. City of New York_ 2020 U.S. Dist. LEXIS 181491, #11 Exhibit Exhibit K - Picture of Anthony Rapp 1986 (AR00630)).(Saghir, Peter)
April 8, 2022 Opinion or Order Filing 184 RESPONSE re: #183 Counter Statement to Rule 56.1 (Defendant Kevin Spacey Fowler's Response to Plaintiff Anthony Rapp's Statement of Additional Material Facts). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
April 8, 2022 Opinion or Order Filing 183 COUNTER STATEMENT TO #178 Rule 56.1 Statement. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
April 8, 2022 Opinion or Order Filing 182 MEMORANDUM OF LAW in Opposition re: #176 MOTION for Summary Judgment . . Document filed by C. D., Anthony Rapp..(Saghir, Peter)
April 8, 2022 Opinion or Order Filing 181 REPLY MEMORANDUM OF LAW in Support re: #176 MOTION for Summary Judgment . . Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
April 8, 2022 Opinion or Order Filing 180 DECLARATION of Chase A. Scolnick in Support re: #176 MOTION for Summary Judgment .. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit 1 (Excerpts from Deposition of Anthony Rapp), #2 Exhibit 2 (Excerpts from Deposition of Kevin Fowler), #3 Exhibit 3 (Summons and Complaint), #4 Exhibit 4 (Answer to Complaint), #5 Exhibit 5 (Plaintiff's Opposition to Motion in Limine re Third Party Witness)).(Scolnick, Chase)
April 8, 2022 Opinion or Order Filing 179 DECLARATION of Kevin Spacey Fowler in Support re: #176 MOTION for Summary Judgment .. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
April 8, 2022 Opinion or Order Filing 178 RULE 56.1 STATEMENT. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
April 8, 2022 Opinion or Order Filing 177 MEMORANDUM OF LAW in Support re: #176 MOTION for Summary Judgment . (Memorandum of Law in Support of Defendant's Motion for Summary Judgment). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
April 8, 2022 Opinion or Order Filing 176 MOTION for Summary Judgment . Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
April 8, 2022 Opinion or Order Filing 175 DECLARATION of Peter J Saghir in Support re: #173 SECOND MOTION to Remand to State Court .. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A - Kevin Spacey EBT Transcript 1-17-2022, #2 Exhibit Exhibit B - Declaration of Kevin Spacey Fowler in Support of Defendant's Opposition to Plaintiffs' Motion to Remand, #3 Exhibit Exhibit C - Passport Pictures KF000206 - KF000216 & KF000226 - KF000228, #4 Exhibit Exhibit D - Severna - Trust Agreement Greybeard 2017, #5 Exhibit Exhibit E - Severna Purchase, #6 Exhibit Exhibit F - Severna - Amended Trust Greybeard, #7 Exhibit Exhibit G - Lease of 622 Ponte Villas, #8 Exhibit Exhibit H - Trust of 12472 to Purchase 622 Ponte Villas, #9 Exhibit Exhibit I - Clear Toaster Operating Agreement, #10 Exhibit Exhibit J - Under Armour Emails, #11 Exhibit Exhibit K - Under Armour Emails, #12 Exhibit Exhibit L - Johns Hopkins, #13 Exhibit Exhibit M - Unsigned Construction Contract for the Historic House, #14 Exhibit Exhibit N - Historic House Email, #15 Exhibit Exhibit O - Tax Returns, #16 Exhibit Exhibit P - Lease 801 Key Highway P-50, #17 Exhibit Exhibit Q - London Residence, #18 Exhibit Exhibit R - Lowenstein Purchase of Used Audi, #19 Exhibit Exhibit S - Declaration of Kevin Spacey Fowler in Response to the Court's August 27 2021 Order Re Plaintiff's Requests Nos. 17-20 for Jurisdictional Discovery, #20 Exhibit Exhibit T - Emails re Cars, #21 Exhibit Exhibit U - Evan Lowenstein EBT Transcript 12-14-2021, #22 Exhibit Exhibit V - American Airlines Ticket KF000080 - KF000089, #23 Exhibit Exhibit W - Wikipedia Page for HOC (Season 3), #24 Exhibit Exhibit X - Wikipedia Page for HOC (Season 4), #25 Exhibit Exhibit Y - Screenshots of Michael Kelly & Robin Wright's Social Media Postings).(Saghir, Peter)
April 8, 2022 Opinion or Order Filing 174 MEMORANDUM OF LAW in Support re: #173 SECOND MOTION to Remand to State Court . Memorandum of Law in Support of Plaintiff's Renewed Motion to Remand. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
April 8, 2022 Opinion or Order Filing 173 SECOND MOTION to Remand to State Court . Document filed by C. D., Anthony Rapp..(Saghir, Peter)
April 6, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Peter Saghir to RE-FILE Document #172 SECOND MOTION to Remand to State Court .. 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)
April 6, 2022 Opinion or Order Filing 172 FILING ERROR - DEFICIENT DOCKET ENTRY - SECOND MOTION to Remand to State Court . Document filed by C. D., Anthony Rapp. (Attachments: #1 Memorandum of Law in Support of Plaintiffs Renewed Motion to Remand 4-6-2022, #2 Declaration in Support of Peter J. Saghir 4-6-2022, #3 Exhibit Exhibit A - Kevin Spacey EBT Transcript 1-17-2022, #4 Exhibit Exhibit B - Declaration of Kevin Spacey Fowler in Support of Defendant's Opposition to Plaintiffs' Motion to Remand, #5 Exhibit Exhibit C - Passport Pictures KF000206 - KF000216 & KF000226 - KF000228, #6 Exhibit Exhibit D - Severna - Trust Agreement Greybeard 2017, #7 Exhibit Exhibit E - Severna Purchase, #8 Exhibit Exhibit F - Severna - Amended Trust Greybeard, #9 Exhibit Exhibit G - Lease of 622 Ponte Villas, #10 Exhibit Exhibit H - Trust of 12472 to Purchase 622 Ponte Villas, #11 Exhibit Exhibit I - Clear Toaster Operating Agreement, #12 Exhibit Exhibit J - Under Armour Emails, #13 Exhibit Exhibit K - Under Armour Emails, #14 Exhibit Exhibit L - Johns Hopkins, #15 Exhibit Exhibit M - Unsigned Construction Contract for the Historic House, #16 Exhibit Exhibit N - Historic House Email, #17 Exhibit Exhibit O - Tax Returns, #18 Exhibit Exhibit P - Lease 801 Key Highway P-50, #19 Exhibit Exhibit Q - London Residence, #20 Exhibit Exhibit R - Lowenstein Purchase of Used Audi, #21 Exhibit Exhibit S - Declaration of Kevin Spacey Fowler in Response to the Court's August 27 2021 Order Re Plaintiff's Requests Nos. 17-20 for Jurisdictional Discovery, #22 Exhibit Exhibit T - Emails re Cars, #23 Exhibit Exhibit U - Evan Lowenstein EBT Transcript 12-14-2021, #24 Exhibit Exhibit V - American Airlines Ticket KF000080 - KF000089, #25 Exhibit Exhibit W - Wikipedia Page for HOC (Season 3), #26 Exhibit Exhibit X - Wikipedia Page for HOC (Season 4), #27 Exhibit Exhibit Y - Screenshots of Michael Kelly & Robin Wright's Social Media Postings).(Saghir, Peter) Modified on 4/8/2022 (kj).
April 4, 2022 Opinion or Order Filing 171 ORDER granting #169 Letter Motion to Seal. Leave to file statements under seal and in camera granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/4/2022) (mml)
April 3, 2022 Opinion or Order Filing 170 ***EX-PARTE***REDACTION to #166 Order, Set Deadlines,, by Kevin Spacey FowlerMotion or Order to File Under Seal: #166 .(Scolnick, Chase)
April 3, 2022 Opinion or Order Filing 169 LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated April 3, 2022. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
March 25, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Chase Scolnick to RE-FILE Document #168 Reply Memorandum of Law in Support of Motion,. ERROR(S): Linked to a deficient filing. (kj)
March 25, 2022 Opinion or Order Filing 168 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #159 MOTION for Summary Judgment . . Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Defendant's Response to Plaintiff's Statement of Additional Material Facts).(Scolnick, Chase) Modified on 4/8/2022 (kj).
March 18, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Peter Saghir to RE-FILE Document #167 Memorandum of Law in Opposition to Motion,,,,,,. ERROR(S): Linked to a deficient filing. (kj)
March 18, 2022 Opinion or Order Filing 167 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #159 MOTION for Summary Judgment . Memorandum of Law in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment 3-18-2022. Document filed by C. D., Anthony Rapp. (Attachments: #1 Affidavit Plaintiff's Statement of Material Facts in Opposition to Defendant's Motion for Summary Judgment per Local Civil Rule 56.1, #2 Affidavit Declaration of Peter J. Saghir in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment 3-18-2022, #3 Exhibit Exhibit A - Excerpt of Anthony Rapp's EBT Transcript, #4 Exhibit Exhibit B - Kevin Spacey's Twitter Statement, #5 Exhibit Exhibit C - Excerpt of Andrew Holtzman's EBT Transcript, #6 Exhibit Exhibit D - Excerpt of Justin Dawes' EBT Transcript, #7 Exhibit Exhibit E - Excerpt of Kevin Spacey's EBT Transcript, #8 Exhibit Exhibit F - People v. Anthinez _alexander_ 2021 N.Y. Misc. LEXIS 1314, #9 Exhibit Exhibit G - People v Colon _Eladio_ 2017 N.Y. Misc. LEXIS 3654, #10 Exhibit Exhibit H - People v Kahl _Kristopher_ 2017 N.Y. Misc. LEXIS 386, #11 Exhibit Exhibit I - People v Michael H._ 2021 N.Y. Misc. LEXIS 4789, #12 Exhibit Exhibit J - Richardson v. City of New York_ 2020 U.S. Dist. LEXIS 181491, #13 Exhibit Exhibit K - Picture of Anthony Rapp 1986 (AR00630)).(Saghir, Peter) Modified on 4/8/2022 (kj).
March 15, 2022 Opinion or Order Filing 166 ORDER: In the circumstances, the defendant shall cause each of these witnesses to be notified by overnight delivery that (1) a motion has been made in this action to compel disclosure of the witness's identity and testimony and (2) the witness has a right to seek to intervene and express his views with respect to the pending motion provided that any such motion is filed no later than April 3, 2022. ( Motions due by 4/3/2022.) (Signed by Judge Lewis A. Kaplan on 3/15/2022) (ate)
March 10, 2022 Opinion or Order Filing 165 ORDER, This case is set for trial on October 4, 2022 at 9:30 a.m. subject to any changes warranted by pandemic circumstances. SO ORDERED. ( Jury Trial set for 10/4/2022 at 09:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 3/10/22) (yv)
March 7, 2022 Opinion or Order Filing 164 JOINT PRETRIAL ORDER. Plaintiff and Defendant both request the action be tried by jury. The parties estimate that the trial will take 2 weeks or less. IT IS ORDERED. (Signed by Judge Lewis A. Kaplan on 3/7/22) (yv)
March 4, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Chase Scolnick to RE-FILE Document #159 MOTION for Summary Judgment .. 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)
March 4, 2022 Opinion or Order Filing 163 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated March 4, 2022 re: Unavailability of Counsel. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
March 4, 2022 Opinion or Order Filing 162 Objection re: #157 Proposed Jury Instructions (Defendant's Objection to Plaintiff's Proposed Instruction No. 8). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
March 4, 2022 Opinion or Order Filing 161 PROPOSED JURY INSTRUCTIONS. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
March 4, 2022 Opinion or Order Filing 160 PROPOSED VOIR DIRE QUESTIONS. Document filed by Kevin Spacey Fowler. (Attachments: #1 (Joint Proposed Juror Questionnaire)).(Scolnick, Chase)
March 4, 2022 Opinion or Order Filing 159 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Notice of Motion for Summary Judgment, #2 Affidavit Defendant's Statement of Undisputed Material Facts in Support of Motion for Summary Judgment Per Local Civil Rule 56.1, #3 Affidavit Declaration of Kevin Spacey Fowler in Support of Motion for Summary Judgment, #4 Affidavit Declaration of Chase A. Scolnick in Support of Motion for Summary Judgment, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5).(Scolnick, Chase) Modified on 4/8/2022 (kj).
March 4, 2022 Opinion or Order Filing 158 LETTER addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 3-4-2022 re: Letter of Unavailability. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
March 4, 2022 Opinion or Order Filing 157 PROPOSED JURY INSTRUCTIONS. Document filed by Anthony Rapp..(Saghir, Peter)
March 4, 2022 Opinion or Order Filing 156 PROPOSED PRE-TRIAL ORDER. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A - Rapp's Deposition Designations; Fowler's Objections to Rapp's Designations and Counter-Designations & Rapp's Objection's to Fowler's Counter-Designations, #2 Exhibit Exhibit B - 2022-03-04 Spacey's Depo Designations (w. Plf's Objcs & Counters, and Def's Objcs to Counters)).(Saghir, Peter)
March 1, 2022 Opinion or Order Filing 155 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated March 1, 2022 re: #154 LETTER MOTION for Discovery re transferred motion to compel third party Adam Vary addressed to Judge Lewis A. Kaplan from Jean-Paul Jassy dated February 28, 2022. . Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit A).(Scolnick, Chase)
February 28, 2022 Opinion or Order Filing 154 LETTER MOTION for Discovery re transferred motion to compel third party Adam Vary addressed to Judge Lewis A. Kaplan from Jean-Paul Jassy dated February 28, 2022. Document filed by Adam Vary..(Jassy, Jean-Paul)
February 24, 2022 Opinion or Order Filing 153 ***EX-PARTE***REDACTION to #152 Order,, (Defendant's In Camera Submission Re MRC Arbitration) by Kevin Spacey Fowler (Attachments: #1 Exhibit Attachment for In Camera Review (1), #2 Exhibit Attachment for In Camera Review (2))Motion or Order to File Under Seal: #152 .(Scolnick, Chase)
February 24, 2022 Opinion or Order Filing 152 ORDER: In connection with plaintiffs motion to compel defendant to provide documents in response to plaintiffs second notice to produce and to appear for an additional session of his deposition (Dkt 148), defendant promptly shall produce to chambers for in camera inspection copies of the arbitration award in the arbitration involving defendant and PRC Distribution Company L.P., among others, and the affirmance by a panel of three arbitrators. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/24/2022) (rro)
February 24, 2022 Opinion or Order Filing 151 ORDER denying #145 Letter Motion to Compel. Plaintiff's motion (Dkt 145) is denied in all respects. The document request was untimely. No sensible reason why it could not and should not have been served earlier. Moreover, the Court sees no useful purpose that would have been served by the requested documents, at least none that would be proportional to the needs of the case. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/24/22) (yv)
February 24, 2022 Opinion or Order Filing 150 ORDER granting #147 Letter Motion to Seal (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
February 18, 2022 Opinion or Order Filing 149 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated February 18, 2022 re: #148 LETTER MOTION to Compel Production of Netflix Arbitration Materials addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 2/16/2022. . Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit A (Declaration of Gregory P. Korn), #2 Exhibit 1 (Stipulated Protective Order), #3 Exhibit 2 (Respondents' Response to Petition to Confirm Arbitration Award), #4 Exhibit 3 (Declaration of Stephen Larson ISO Response)).(Scolnick, Chase)
February 16, 2022 Opinion or Order Filing 148 LETTER MOTION to Compel Production of Netflix Arbitration Materials addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 2/16/2022. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A - Petition to Confirm Arbitration Award, #2 Exhibit Exhibit B - CNN Article, #3 Exhibit Exhibit C - Plaintiff's Second Notice to Produce, #4 Exhibit Exhibit D - Defendant's Repsonse to Plaintiff's Second Notice to Produce, #5 Exhibit Exhibit E - December 13, 2021 Order, #6 Exhibit Exhibit F - January 26, 2022 Order, #7 Exhibit Exhibit G - Excerpt of Def. Spacey Deposition Transcript).(Saghir, Peter)
February 16, 2022 Opinion or Order Filing 147 LETTER MOTION to Seal (Defendant's Letter Motion for Narrow Redaction to Deposition Transcript) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated February 16, 2022. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit (Redacted Excerpt of Transcript of Deposition of Kevin Fowler)).(Scolnick, Chase)
February 16, 2022 Opinion or Order Filing 146 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated February 16, 2022 re: #145 LETTER MOTION to Compel A Response to Plaintiff's Third Notice to Produce addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 2/15/2022. (Defendant's Response to Plaintiff's Motion to Compel Responses to Belated Document Requests). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
February 15, 2022 Opinion or Order Filing 145 LETTER MOTION to Compel A Response to Plaintiff's Third Notice to Produce addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 2/15/2022. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A - Plaintiff's Third Notice to Produce 12-29-2021, #2 Exhibit Exhibit B - Defendant Kevin Fowler's Responses Objections to Plaintiff's Third Notice to Produce 1-28-2022).(Saghir, Peter)
February 14, 2022 Opinion or Order Filing 144 ORDER granting in part and denying in part #140 Letter Motion for Discovery. Defendant initially moved to preclude plaintiff from calling Mr, Dawes as a witness, principally on the ground that Mr. Dawes refused to identify a friend who allegedly was in a position to corroborate Dawes' testimony, that Dawes allegedly was encouraged or aided in that refusal by plaintiffs counsel, and that plaintiff's counsel did so by misrepresenting this Court's December 13, 2021 order (the "Order") to Mr. Dawes. Dawes relied also upon the actions of plaintiff's counsel in refusing to produce a prior written account to Buzzfeed of what transpired on the occasion when Mr. Dawes and his friend met with the defendant on the theory that producing it would violate the Order, The Court concluded that "the assertions of plaintiffs counsel about the December 13, 2021 order manifestly were incorrect." It nevertheless resolved the motion by ordering a further deposition of Mr. Dawes and production in advance of the deposition of documents in the possession, custody or control of either plaintiff or Mr. Dawes that concern the alleged incident to which Mr, Dawes earlier had testified. It provided limited scope for renewing the motion to preclude in-the event-its order were not fully complied with by February 18. The further deposition of Mr. Dawes has taken place and his written account to Buzzfeed has been produced, albeit belatedly. In consequence of these additional proceedings, two major facts have emerged with respect to the chief significance of Mr. Dawes's proposed testimony, his assertion that the defendant on this long ago occasion placed his hand on Mr. Dawes's knee for 30-45 seconds in a manner that Mr. Dawes took to be a sexual advance. First, Mr. Dawes written narrative to Buzzfeed said no such thing and contained only a less inflammatory description of the alleged encounter. Second, it appears that Mr. Dawes's friend -although said to corroborate some of Mr. Dawes's story about the encounter involving Mr. Dawes, his friend, and the defendant does not seem to corroborate the alleged touching of Mr. Dawes. In these circumstances, defendant again moves to preclude Mr. Dawes from testifying on the basis that plaintiff "intentionally concealed exculpatory infomation from [defendant] and the Court, and that Plaintiffs counsel made spurious objections to shield this damaging information from coming to light." Dkt. 142, at I. In the alternative, he seeks leave to conduct a deposition of Mr. Dawes's friend. It would be premature at this point to rule on whether Mr. Dawes's testimony should be excluded. For one thing, in all the circumstances plaintiff ultimately may not wish to offer that testimony. For another, the Court is not yet fully informed. Accordingly, defendant's motion (Dkt. 140) is granted to the extent that defendant may take the deposition of Mr. Dawes's friend within the next 30 days. It is denied without prejudice to (a) renewal in the event plaintiff lists Mr. Dawes as a witness, in person or by deposition, in the joint pretrial order or otherwise indicates an intention to offer Mr. Dawes's testimony at trial, and (b) any motion by defendant for sanctions. (Signed by Judge Lewis A. Kaplan on 2/14/22) (yv)
February 11, 2022 Opinion or Order Filing 143 LETTER REPLY to Response to Motion addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 2/11/2022 re: #140 LETTER MOTION for Discovery (Renewed Motion to Preclude Justin Dawes as Witness Due to Plaintiff's Failure to Comply with the Court's Order) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated February 8, 2022. Ltr to Judge re Reply. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
February 11, 2022 Opinion or Order Filing 142 REPLY MEMORANDUM OF LAW in Support re: #140 LETTER MOTION for Discovery (Renewed Motion to Preclude Justin Dawes as Witness Due to Plaintiff's Failure to Comply with the Court's Order) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated February 8, 2022. (Reply in Support of Renewed Motion to Preclude Justin Dawes As Witness Due to Plaintiff's Failure to Comply with the Court's Order). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
February 10, 2022 Opinion or Order Filing 141 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 2/10/2022 re: #140 LETTER MOTION for Discovery (Renewed Motion to Preclude Justin Dawes as Witness Due to Plaintiff's Failure to Comply with the Court's Order) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated February 8, 2022. Ltr Response to Def Renewed Motion to Preclude Testimony of Justin Dawes. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A - EBT Transcript Justin Dawes, #2 Exhibit Exhibit B - February 8, 2022 Disclosure to Defense Counsel, #3 Exhibit Exhibit C - February 9, 2022 Disclosure to Defense Counsel, #4 Exhibit Exhibit D - Response to Second Request for Production of Documents, #5 Exhibit Exhibit E - Justin Dawes' February 8, 2022 Facebook Message, #6 Exhibit Exhibit F - Facebook Message Between Justin Dawes and William Brown).(Saghir, Peter)
February 8, 2022 Opinion or Order Filing 140 LETTER MOTION for Discovery (Renewed Motion to Preclude Justin Dawes as Witness Due to Plaintiff's Failure to Comply with the Court's Order) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated February 8, 2022. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit 1 (Excerpt from Justin Dawes Deposition Tr.)).(Scolnick, Chase)
February 7, 2022 Opinion or Order Filing 139 ORDER granting #138 Letter Motion for Extension of Time. Granted. SO ORDERED. Motions due by 3/4/2022. Pretrial Order due by 3/4/2022. (Signed by Judge Lewis A. Kaplan on 2/7/2022) (vfr)
February 4, 2022 Opinion or Order Filing 138 LETTER MOTION for Extension of Time to Extent Deadlines addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 2/4/2022. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
January 26, 2022 Opinion or Order Filing 137 ORDER terminating #135 Letter Motion for Discovery. The defendant's motion (Dkt. 129) is disposed of as follows. The deposition of Mr. Dawes is reopened and shall resume on a date, on or before February 18, 2022, mutually acceptable to the parties and Mr. Dawes. Plaintiff and Mr. Dawes shall ensure that defendant's counsel receive copies of all all documents in the possession, custody or control of either that concern the incident to which Mr. Dawes testified in his deposition, regardless of whether they contain the name or other information concerning Mr. Dawes' friend, at least two days before the resumption of the deposition. At the resumed deposition, Mr. Dawes shall answer all questions put to him concerning the name, whereabouts, contact information and occupation of his friend. In the event all of the foregoing is not completed on or before February 18, defendant may renew his motion to preclude. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/26/22) (yv)
January 26, 2022 Opinion or Order Set/Reset Deadlines: Deposition due by 2/18/2022. (yv)
January 26, 2022 Opinion or Order Filing 136 AFFIRMATION of Peter J. Saghir in Opposition re: #135 LETTER MOTION for Discovery (Letter Motion to Preclude Justin Dawes As Witness Due To Improperly Withheld Information) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated January 10, 2022.. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A - EBT Transcript Justin Dawes 12-28-2021, #2 Exhibit Exhibit B - Buzzfeed Article, A Pattern Of Abuse How Kevin Spacey Used The Closet To Silence His Victims, #3 Exhibit Exhibit C - Court Order).(Saghir, Peter)
January 26, 2022 Opinion or Order Filing 135 LETTER MOTION for Discovery (Letter Motion to Preclude Justin Dawes As Witness Due To Improperly Withheld Information) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated January 10, 2022. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit A (Excerpts from Dec. 28, 2021 Deposition of Justin Dawes)).(Scolnick, Chase)
January 19, 2022 Opinion or Order Filing 134 ORDER denying as moot #126 Letter Motion for Discovery (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
January 13, 2022 Opinion or Order Filing 133 ORDER granting in part and denying in part #130 Letter Motion for Discovery. The motion is granted to this extent. In the event Mr. Steigman has not recovered by 1/14/22 and is not been able to take the deposition, and in view of the absence of any claim that Mr. Steigman is unable to take the deposition on 1/17/22, the deposition shall take place on 1/17/22. It is otherwise denied. So Ordered. (Signed by Judge Lewis A. Kaplan on 1/13/22) (yv)
January 13, 2022 Opinion or Order Set/Reset Deadlines: Deposition due by 1/17/2022. (yv)
January 12, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Peter Saghir to RE-FILE Document #132 Response in Opposition to Motion,,,. ERROR(S): Supporting document(s) was linked to a deficient filing (Doc.# ). Please refile once the Motion(s) is refiled properly.. (kj)
January 12, 2022 Opinion or Order Filing 132 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 1/12/2022 re: #129 MOTION to Preclude (Letter Motion to Preclude Justin Dawes As Witness Due To Improperly Withheld Information). Letter Response in Opposition to Defendant's Motion to Preclude Testimony of Justin Dawes 1-12-2022. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A - EBT Transcript Justin Dawes 12-28-2021, #2 Exhibit Exhibit B - Buzzfeed Article, A Pattern Of Abuse How Kevin Spacey Used The Closet To Silence His Victims, #3 Exhibit Exhibit C - Court Order).(Saghir, Peter) Modified on 1/25/2022 (kj).
January 12, 2022 Opinion or Order Filing 131 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated January 12, 2022 re: #130 LETTER MOTION for Discovery to Request Adjournment of Defendant's Deposition addressed to Judge Lewis A. Kaplan from Richard M Steigman dated 1/12/2022. . Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
January 12, 2022 Opinion or Order Filing 130 LETTER MOTION for Discovery to Request Adjournment of Defendant's Deposition addressed to Judge Lewis A. Kaplan from Richard M Steigman dated 1/12/2022. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
January 10, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Chase Scolnick to RE-FILE Document #129 MOTION to Preclude (Letter Motion to Preclude Justin Dawes As Witness Due To Improperly Withheld Information).. Use the event type Letter found under the event list Other Filings - Other Documents.. (kj)
January 10, 2022 Opinion or Order Filing 129 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MOTION to Preclude (Letter Motion to Preclude Justin Dawes As Witness Due To Improperly Withheld Information). Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit A (Excerpts from Dec. 28, 2021 Deposition of Justin Dawes)).(Scolnick, Chase) Modified on 1/25/2022 (kj).
December 13, 2021 Opinion or Order Filing 128 MEMORANDUM OPINION re: #123 LETTER MOTION to Seal (Letter Motion for Protective Order Re Depositions Scheduled to Begin December 10, 2021) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated December 3, 2021. filed by Kevin Spacey Fowler. The motions of both Spacey (Dkt 123) and Rapp (Dkt 127) for and in relation to a protective order, respectively, are denied except to the following extent: During discovery, plaintiff shall not inquire of the defendant concerning his prior sexual or romantic experiences or encounters, if any, with anyone unless the identity of the person in respect of whom inquiry is made (the "Subject") has been disclosed by the Subject or otherwise become public, in either case in connection with a claim, published report in mainstream media, or public allegation that any such sexual or romantic experience or encounter was not in all respects consensual. Any such Subject, and the defendant, have substantial privacy interests in their most intimate personal relationships that outweigh any legitimate interest of the plaintiff in pursuing those matters unless the foregoing condition is satisfied. During discovery, plaintiff shall not inquire of the defendant concerning his prior sexual or romantic experiences or encounters, if any, with former plaintiff C.D. C.D. has dismissed his claim against the defendant with prejudice rather than publicly disclose his identity. In the event plaintiff were to inject C.D. 's allegations into this case, fairness would require that defendant be permitted to conduct a full and fair investigation into C.D,'s allegations, which at least to some extent likely require or result in public disclosure of C.D.'s identity. C.D.'s interest in preserving his anonymity and defendant's interest in a full and fair trial outweigh any legitimate interest of the plaintiff in going in to C.D.'s allegations in the absence of affording defendant the ability to meet such contentions, which likely could not be accomplished without compromising C.D.'s legitimate privacy interests. In light of the Court's order of October 13, 2021, plaintiff shall not inquire of the defendant during discovery in this case concerning the London Metropolitan Police investigation of defendant's alleged conduct. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/13/21) (yv)
December 10, 2021 Opinion or Order Filing 127 LETTER RESPONSE in Support of Motion addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated December 10, 2021 re: #123 LETTER MOTION to Seal (Letter Motion for Protective Order Re Depositions Scheduled to Begin December 10, 2021) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated December 3, 2021. (Defendant's Further Response Re Motion for Protective Order Re Depositions). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
December 10, 2021 Opinion or Order Filing 126 LETTER MOTION for Discovery to Protect Names of Witnesses addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 12-10-2021. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
December 9, 2021 Opinion or Order Minute Entry for proceedings held before Judge Lewis A. Kaplan: Motion Hearing held via teleconference on 12/9/2021 re: #123 LETTER MOTION to Seal (Letter Motion for Protective Order Re Depositions Scheduled to Begin December 10, 2021) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated December 3, 2021. filed by Kevin Spacey Fowler. (Court Reporter Andrew Walker) (Mohan, Andrew)
December 8, 2021 Opinion or Order Filing 125 LETTER REPLY to Response to Motion addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated December 8, 2021 re: #123 LETTER MOTION to Seal (Letter Motion for Protective Order Re Depositions Scheduled to Begin December 10, 2021) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated December 3, 2021. . Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit A (Excerpts from Feb. 3, 2021 Deposition of Anthony Rapp)).(Scolnick, Chase)
December 8, 2021 Opinion or Order Telephone Conference set for 12/9/2021 is rescheduled for 4:30 PM on 12/9/2021 before Judge Lewis A. Kaplan. The dial-in number is 1-888-636-4749 and enter access code 7664205#.All non-participant listeners should mute their phones upon joining. Please remember that re-broadcasting or recording the conference in full or in part is prohibited by Court rules. (Mohan, Andrew) Modified on 12/9/2021 (Mohan, Andrew).
December 7, 2021 Opinion or Order Filing 124 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 12-7-2021 re: #123 LETTER MOTION to Seal (Letter Motion for Protective Order Re Depositions Scheduled to Begin December 10, 2021) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated December 3, 2021. . Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C).(Saghir, Peter)
December 3, 2021 Opinion or Order Filing 123 LETTER MOTION to Seal (Letter Motion for Protective Order Re Depositions Scheduled to Begin December 10, 2021) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated December 3, 2021. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
October 19, 2021 Opinion or Order Filing 122 ORDER. The Court has reviewed the proposed redactions on the documents filed under seal by defendant on October 18, 2021. See Dkt 121. It concludes they are appropriate. Accordingly, the documents and their proposed redactions are approved for production to the plaintiff. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/19/21) (yv)
October 18, 2021 Opinion or Order Filing 121 ***EX-PARTE*** LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated October 18, 2021 re: Defendants Proposed Redactions of Documents for In Camera Review. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit Defendants Proposed Redactions of Documents for In Camera Review (Filed Under Seal))Motion or Order to File Under Seal: #115 .(Scolnick, Chase)
October 18, 2021 Opinion or Order Filing 120 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated October 18, 2021 re: Defendant's Proposed Redactions of Documents for In Camera Review. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
October 18, 2021 Opinion or Order Filing 119 MEMO ENDORSEMENT on NOTICE OF DEFENDANT'S MOTION IN LIMINE TO PRECLUDE PLAINTIFF FROM ELICITING TESTIMONY ABOUT HEARSAY STATEMENTS HE MADE TO THIRD PARTIES ABOUT THE ALLEGED INCIDENT: denying without prejudice to renewal by formal motion #78 Motion in Limine. ENDORSEMENT: Motion Denied without prejudice to renewal after filing of pretrial order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/18/2021) (ama)
October 18, 2021 Opinion or Order Filing 118 STIPULATION AND ORDER RE RESETTING OF PRETRIAL DEADLINES AND OTHER MATTERS: Based on the foregoing Stipulation and other good cause appearing, IT IS HEREBY ORDERED, as follows: Plaintiff will not call Melissa Anelli, Muneesh Jain, and Camryn Manheim to testify at trial for any purpose, but reserves the right to call those witnesses to the extent Defendant discloses them as witnesses or to the extent Defendant's experts rely on them in forming their opinions; This stipulation does not moot or otherwise affect Defendant's Motion In Limine,and the Court will rule on that motion separately; Defendant may conduct twenty-five (25) total depositions (up from the twenty permitted by ECF No. 76); and The pretrial deadlines are continued as follows: The deadline to complete discovery shall be January 18, 2022 (extended from October 1, 2021). The deadline to file and serve summary judgment motions shall be February 18, 2022 (extended from November 1, 2021). The deadline to file the pretrial order, proposed jury instructions, and requested voir dire questions (case ready for trial) shall be February 18, 2022 (extended from November 1, 2021). The extension set forth in Paragraph 4.a. above shall apply to written discovery between the parties. IT IS SO ORDERED, ( Discovery due by 1/18/2022., Motions due by 2/18/2022., Pretrial Order due by 2/18/2022.) (Signed by Judge Lewis A. Kaplan on 10/18/2021) (ama)
October 17, 2021 Opinion or Order Filing 117 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/9/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
October 17, 2021 Opinion or Order Filing 116 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/9/2021 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/8/2021. Redacted Transcript Deadline set for 11/17/2021. Release of Transcript Restriction set for 1/15/2022..(Moya, Goretti)
October 13, 2021 Opinion or Order Filing 115 MEMORANDUM AND ORDER granting in part and denying in part #82 Letter Motion to Compel. Plaintiff Rapp's motion to compel is granted to the extent that (1) Doc. Nos. 1 through 4, SC, and 9 through 12 on defendant's privilege log shall be produced, and (2) if the defendant wishes to assert that protection, he shall submit for in camera review by October 18, 2021 copies of Doc. Nos. SA, SB, 6A through 8F redacted in accordance with paragraph 4 above and, upon court approval of the redactions, produce redacted copies of those documents. The motion is denied in the remaining respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/13/21) (yv)
October 5, 2021 Opinion or Order Filing 114 ***SELECTED PARTIES***REDACTION (Document Filed Under Seal Per Court Order ECF 113) by Kevin Spacey Fowler, Anthony RappMotion or Order to File Under Seal: 113 .(Scolnick, Chase)
October 5, 2021 Opinion or Order Filing 113 ORDER granting #112 Letter Motion to Seal (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis) Transmission to Docket Assistant Clerk for processing. Transmission to Sealed Records Clerk for processing.
October 4, 2021 Opinion or Order Filing 112 LETTER MOTION to Seal High Court's Order addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated October 4, 2021. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
September 30, 2021 Opinion or Order Filing 111 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated September 30, 2021 Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
September 29, 2021 Opinion or Order Filing 110 LETTER addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 9/29/2021 re: Written Discovery. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
September 28, 2021 Opinion or Order Filing 109 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated September 28, 2021 re: Request To Not Revive Lapsed Deadline For Party Written Discovery. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
September 28, 2021 Opinion or Order Filing 108 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
September 24, 2021 Opinion or Order Filing 107 ***SELECTED PARTIES*** LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated September 24, 2021 Document filed by Anthony Rapp, Kevin Spacey Fowler. (Attachments: #1 Exhibit 1 (Unredacted & Under Seal))Motion or Order to File Under Seal: #105 .(Scolnick, Chase)
September 24, 2021 Opinion or Order Filing 106 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated September 24, 2021 Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit 1 (Redacted)).(Scolnick, Chase)
September 23, 2021 Opinion or Order Filing 105 ORDER granting #104 Letter Motion to Seal. Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/23/2021) (vfr)
September 22, 2021 Opinion or Order Filing 104 LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated September 22, 2021. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
September 20, 2021 Opinion or Order Filing 103 STIPULATION AND ORDER RE SEALING OF CERTAIN DOCUMENTS . IT IS HEREBY ORDERED, that: 1. The Court acknowledges that Defendant has agreed to provide, and has provided, the unredacted versions of Defendants' prior filings in opposition to Plaintiff's letter motion to compel re privilege log (ECF Nos. 86, 86-1, 86-3, 86-4, and 86-5); 2. Defendant has not and does not waive any privilege, work product, or other protection by virtue of having shared the unredacted versions of these documents with Plaintiff's counsel; 3. The unredacted versions of these documents shall remain sealed and not shared with any third party unless and until the Court orders otherwise; and 4. Nothing in the foregoing stipulation or this Order limits, changes, or affects the parties' position on the merits or lack thereof regarding Plaintiff's letter motion to compel re privilege log and/or Defendant's opposition to that motion. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/20/21) (yv) Modified on 9/23/2021 (yv).
September 17, 2021 Opinion or Order Filing 102 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated September 17, 2021 re: Response to Mr. Saghir's September 14, 2021 Letter. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
September 17, 2021 Opinion or Order Filing 101 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
September 14, 2021 Opinion or Order Filing 100 LETTER addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 9/14/2021 re: Response to Interrogatory Witnesses. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
September 14, 2021 Opinion or Order Filing 99 MEMO ENDORSEMENT on re: #97 Letter filed by Kevin Spacey Fowler. ENDORSEMENT: Counsel shall file an executed stipulation setting out their agreement. (Signed by Judge Lewis A. Kaplan on 9/14/2021) (cf)
September 13, 2021 Opinion or Order Filing 98 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated September 13, 2021 re: Mr. Rapp's Interrogatory Responses. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit 1).(Scolnick, Chase)
September 13, 2021 Opinion or Order Filing 97 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated September 13, 2021 re: Sealed Documents. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit 1).(Scolnick, Chase)
September 9, 2021 Opinion or Order Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held by video-conference on 9/9/2021 re: #91 . Public dial-in number for audio listening was active. Court's decision reserved. (Court Reporter Sadie Herbert) (Mohan, Andrew)
September 8, 2021 Opinion or Order Filing 96 REPLY MEMORANDUM OF LAW in Support re: #78 MOTION in Limine to Preclude Plaintiff from Eliciting Testimony About Hearsay Statements He Made to Third Parties About the Alleged Incident. . Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Supplemental Declaration of Chase A. Scolnick in Support of Defendant's Motion in Limine, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10, #5 Exhibit 11).(Scolnick, Chase)
September 7, 2021 Opinion or Order Dial-In number to listen to the Oral Argument set for 9/9/2021 at 03:00 PM before Judge Lewis A. Kaplan: 1-888-363-4749 and enter conference code 7664205#. It is not permitted to record or broadcast any portion of court proceedings. (Mohan, Andrew)
September 3, 2021 Opinion or Order Filing 95 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #78 MOTION in Limine to Preclude Plaintiff from Eliciting Testimony About Hearsay Statements He Made to Third Parties About the Alleged Incident. Opposition to Motion in Limine to Preclude Rebuttal Testimony 9-3-2021. Document filed by Anthony Rapp, C. D., Kevin Spacey Fowler. (Attachments: #1 Affidavit Declaration in Support Memorandum in Opposition to Defendant's Motion in Limine 9-3-2021, #2 Exhibit Exhibit A - Anthony Rapp Transcript EBT, #3 Exhibit Exhibit B - Actor Anthony Rapp_ Kevin Spacey Made A Sexual Advance Toward Me When I Was 14, #4 Exhibit Exhibit C - Music for boysand everyone else, #5 Exhibit Exhibit D - Dr. Alexander Sasha Bardey Expert Report, #6 Exhibit Exhibit E - Dr. Alexander Sasha Bardey Expert Report, #7 Exhibit Exhibit F - Elizabeth Loftus Ph.D Expert Report, #8 Exhibit Exhibit G - Anthony Rapp Transcript EBT, #9 Exhibit Exhibit H - Dr. Alexander Sasha Bardey Expert Report, #10 Exhibit Exhibit I - History & Inception, #11 Exhibit Exhibit J - Governor Cuomo Signs the Child Victims Act)Motion or Order to File Under Seal: #92 .(Saghir, Peter)
September 3, 2021 Opinion or Order Filing 94 MEMORANDUM OF LAW in Opposition re: #78 MOTION in Limine to Preclude Plaintiff from Eliciting Testimony About Hearsay Statements He Made to Third Parties About the Alleged Incident. Opposition to Motion in Limine to Preclude Rebuttal Testimony 9-3-2021. Document filed by C. D., Anthony Rapp. (Attachments: #1 Affidavit Declaration in Support Memorandum in Opposition to Defendant's Motion in Limine 9-3-2021, #2 Exhibit Exhibit A - Anthony Rapp Transcript EBT, #3 Exhibit Exhibit B - Actor Anthony Rapp_ Kevin Spacey Made A Sexual Advance Toward Me When I Was 14, #4 Exhibit Exhibit C - Music for boysand everyone else, #5 Exhibit Exhibit D - Dr. Alexander Sasha Bardey Expert Report, #6 Exhibit Exhibit E - Dr. Alexander Sasha Bardey Expert Report, #7 Exhibit Exhibit F - Elizabeth Loftus Ph.D Expert Report, #8 Exhibit Exhibit G - Anthony Rapp Transcript EBT (Redacted), #9 Exhibit Exhibit H - Dr. Alexander Sasha Bardey Expert Report, #10 Exhibit Exhibit I - History & Inception, #11 Exhibit Exhibit J - Governor Cuomo Signs the Child Victims Act).(Saghir, Peter)
September 2, 2021 Opinion or Order Filing 93 ORDER granting #92 Letter Motion for Leave to File Document; granting #92 Letter Motion to Seal (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
September 2, 2021 Opinion or Order Filing 92 LETTER MOTION for Leave to File Letter Motion to file Redacted Papers addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 9/2/2021., LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 9/2/2021. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
August 30, 2021 Opinion or Order Filing 91 ORDER, The Court will hear argument on defendant's motion in limine and plaintiff Rapp's motion concerning defendant's privilege log on September 9, 2021 at 3:00 p.m. via video conference. Counsel shall make arrangements for the video conference with Mr. Mohan, the deputy clerk, next Tuesday. SO ORDERED. ( Oral Argument set for 9/9/2021 at 03:00 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 8/30/21) (yv)
August 30, 2021 Opinion or Order Filing 90 ORDER granting #89 Letter Motion to Expedite. Approved. (Signed by Judge Lewis A. Kaplan on 8/30/2021) (tg)
August 30, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 9/3/2021 Replies due by 9/8/2021. (tg)
August 27, 2021 Opinion or Order Filing 89 LETTER MOTION to Expedite Briefing Schedule on Mr. Fowler's Motion in Limine to Exclude Inadmissible Hearsay Evidence addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated August 27, 2021. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
August 27, 2021 Opinion or Order Filing 88 ORDER granting in part and denying in part #81 Letter Motion to Compel. Plaintiff's motion to compel additional jurisdictional discovery (Dkt 81) is granted to this extent: In lieu of producing documents in response to Request Nos. 17 through 20, defendant shall provide plaintiff with a declaration containing a list of each of the four categories of professionals as to which documents were sought. The list shall identify the professionals only by letters unique to each rather than by names and shall give the location of each professional only by identifying the city or county in which that professional was consulted or seen. The motion is denied in all other respects, although plaintiff may inquire at depositions concerning the subjects of Request Nos. 8, 22 and 23. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/27/21) (yv)
August 27, 2021 Opinion or Order Filing 87 ORDER granting #84 Letter Motion for Leave to File Excess Pages; granting #84 Letter Motion to Seal (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
August 27, 2021 Opinion or Order Filing 86 ***EX-PARTE***REDACTION to #85 Redacted Document,, Response to Plaintiff's Letter Motion Re Defendant's Privilege Log (ECF. No. 82) by Kevin Spacey Fowler (Attachments: #1 Affidavit Declaration of Todd Rubenstein (Unredacted), #2 Exhibit 1 to Declaration of Todd Rubenstein, #3 Affidavit Declaration of Nicole Howson (Unredacted), #4 Affidavit Declaration of Evan Lowenstein (Unredacted), #5 Affidavit Declaration of Kevin Spacey Fowler (Unredacted))Motion or Order to File Under Seal: #84 .(Scolnick, Chase)
August 27, 2021 Opinion or Order Filing 85 REDACTION Response to Plaintiff's Letter Motion Re Defendant's Privilege Log (ECF. No. 82) by Kevin Spacey Fowler (Attachments: #1 Affidavit Declaration of Todd Rubenstein (Redacted), #2 Exhibit 1 to Declaration of Todd Rubenstein, #3 Affidavit Declaration of Nicole Howson (Redacted), #4 Affidavit Declaration of Evan Lowenstein (Redacted), #5 Affidavit Declaration of Kevin Spacey Fowler (Redacted), #6 Affidavit Declaration of Oliver Peter Schneider-Sikorsky, #7 Exhibit 1 to Declaration of Oliver Peter Schneider-Sikorsky, #8 Exhibit 2 to Declaration of Oliver Peter Schneider-Sikorsky).(Scolnick, Chase)
August 26, 2021 Opinion or Order Filing 84 LETTER MOTION for Leave to File Excess Pages (Letter Motion Requesting Length of Opposition to Plaintiff's Letter Motion re Privilege Log) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated August 26, 2021., LETTER MOTION to Seal (Letter Motion re Sealing) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated August 26, 2021. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
August 26, 2021 Opinion or Order Filing 83 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated August 26, 2021 re: #81 LETTER MOTION to Compel Letter Motion Jurisdictional Discovery addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 8/24/2021. (Defendant's Response to Plaintiff's Letter Motion Re Jurisdictional Discovery). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
August 24, 2021 Opinion or Order Filing 82 LETTER MOTION to Compel Letter Motion Concerning Privilege Log addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 8/24/2021. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A - Request for Production, #2 Exhibit Exhibit B - Defendant's Responses, #3 Exhibit Exhibit C - Privilege Log, #4 Exhibit Exhibit D - Spacey Twitter Statement).(Saghir, Peter)
August 24, 2021 Opinion or Order Filing 81 LETTER MOTION to Compel Letter Motion Jurisdictional Discovery addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 8/24/2021. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit A - Plaintiffs' Jurisdictional Demands, #2 Exhibit Exhibit B - Defendant's Responses and Objections, #3 Exhibit Exhibit C - Email to Defense Counsel, #4 Exhibit Exhibit D - Spacey Affidavit).(Saghir, Peter)
August 24, 2021 Opinion or Order Filing 80 ORDER granting in part and denying in part #79 Letter Motion to Expedite. The motion is granted the extent that the parties shall confer and submit, on or before August 27, 2021, an agreed briefing schedule for the motion. In default of such agreement, the Court will fix a schedule. This motion is otherwise denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/24/2021) (mml)
August 23, 2021 Opinion or Order Filing 79 LETTER MOTION to Expedite Briefing on Mr. Fowler's Motion in Limine re Hearsay addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated August 23, 2021. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
August 23, 2021 Opinion or Order Filing 78 MOTION in Limine to Preclude Plaintiff from Eliciting Testimony About Hearsay Statements He Made to Third Parties About the Alleged Incident. Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Memorandum of Law in Support of Defendants Motion in Limine to Preclude Plaintiff from Eliciting Testimony About Hearsay Statements He Made to Third Parties About the Alleged Incident, #2 Affidavit Declaration of Chase A. Scolnick in Support of Defendants Motion in Limine to Preclude Plaintiff from Eliciting Testimony About Hearsay Statements He Made to Third Parties About the Alleged Incident, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7).(Scolnick, Chase)
July 29, 2021 Opinion or Order Filing 77 NOTICE OF APPEARANCE by Christopher James Donadio on behalf of C. D., Anthony Rapp..(Donadio, Christopher)
July 29, 2021 Opinion or Order Filing 76 ORDER granting #74 Letter Motion to Compel. Defendant's motion to compel plaintiff to answer all of his interrogatories, to expand the number of depositions defendant may take to twenty, and to direct to appear for and testify at an additional session of his deposition of up to two hours is granted in all respects. Plaintiff forfeited any objections to the interrogatories by failing to respond to them for many months. Even if he had not done so, the objections are without merit. The additional depositions sought are reasonable in the interests of an appropriate resolution of this case on its merits. And up to two additional hours of deposition testimony by plaintiff in view of the nature of the case and the plaintiffs recent discovery responses is reasonable and no real imposition on the plaintiff. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/29/21) (yv)
July 28, 2021 Opinion or Order Filing 75 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 7/28/2021 re: #74 LETTER MOTION to Compel Further Responses to Interrogatories and for Other Discovery-Related Relief addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated July 27, 2021. Plaintiff's Opposition to Defendant's Motion to Compel. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit).(Saghir, Peter)
July 27, 2021 Opinion or Order Filing 74 LETTER MOTION to Compel Further Responses to Interrogatories and for Other Discovery-Related Relief addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated July 27, 2021. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit Exhibit 1 - April 26, 2021 Defendant Fowler's First Set of Interrogatories to Plaintiff A. Rapp, #2 Exhibit Exhibit 2 - Emails re Interrogatories, #3 Exhibit Exhibit 3 - July 15, 2021 Plaintiff Rapp's Response to Defendant Fowler's First Set of Interrogatories).(Scolnick, Chase)
July 26, 2021 Opinion or Order Filing 73 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
June 17, 2021 Opinion or Order Filing 72 MEMO ENDORSED ORDER granting #67 Motion to Dismiss. ENDORSEMENT: Defendant's motion to dismiss (Dkt 67) is granted in all respects without opposition. All claims by plaintiff "C.D." are dismissed. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/17/21) (yv)
June 9, 2021 Opinion or Order Filing 71 RESPONSE in Support of Motion re: #67 MOTION to Dismiss Under F.R.C.P. 41(b) All Causes of Action by Plaintiff C.D.. (Reply in Support of Defendant's Unopposed Motion to Dismiss Under F.R.C.P. 41(b) All Causes of Action by Plaintiff C.D.). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
June 3, 2021 Opinion or Order Filing 70 ORDER granting #68 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
June 3, 2021 Opinion or Order Filing 69 LETTER addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 6/3/2021 re: Plaintiff's Response to Defendant's Letter Motion Re Fowler's Anticipated Memory Expert 6-3-2021. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
June 3, 2021 Opinion or Order Filing 68 LETTER MOTION for Extension of Time (Letter RE: Motion for Limited Revision to Scheduling Order Re Mr. Fowler's Anticipated Memory Expert) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated June 3, 2021. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
May 25, 2021 Opinion or Order Filing 67 MOTION to Dismiss Under F.R.C.P. 41(b) All Causes of Action by Plaintiff C.D.. Document filed by Kevin Spacey Fowler. (Attachments: #1 Memorandum of Law in Support of Defendant's Motion to Dismiss Under F.R.C.P. 41(b) All Causes of Action by Plaintiff C.D.).(Scolnick, Chase)
May 13, 2021 Opinion or Order Filing 66 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated May 13, 2021 re: Objection to Request for Informal Conference re Severance and Stay. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
May 13, 2021 Opinion or Order Filing 65 LETTER addressed to Judge Lewis A. Kaplan from Peter J. Saghir dated 5/13/2021 re: Request for Conference. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
May 3, 2021 Opinion or Order Filing 64 MEMORANDUM OPINION re: #30 FIRST MOTION for Leave to File Motion for Leave to Proceed Anonymously (Redacted) filed by C. D., Anthony Rapp. Plaintiff C.D.'s motion to proceed by pseudonym (Dkt. 30] is denied in all respects. Plaintiff shall file an amended complaint containing his name no later than ten days after the date of this opinion. Defendant's motions to strike (Dkts. 46, 54] are denied and his objection to Dr. Block's expert report [Dkt. 55] is overruled without prejudice. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/3/2021) (mml)
April 12, 2021 Opinion or Order Filing 63 ORDER granting #62 Letter Motion for Extension of Time. Granted. (Signed by Judge Lewis A. Kaplan on 4/12/2021) (mro)
April 12, 2021 Opinion or Order Set/Reset Deadlines: Discovery due by 10/1/2021. Motions due by 11/1/2021. Pretrial Order due by 11/1/2021. Ready for Trial by 11/1/2021. (mro)
April 9, 2021 Opinion or Order Filing 62 LETTER MOTION for Extension of Time (Letter Motion for Extension of Pre-Trial Deadlines) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated April 9, 2021. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
March 22, 2021 Opinion or Order Filing 61 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/23/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
March 22, 2021 Opinion or Order Filing 60 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/23/2021 before Judge Lewis A. Kaplan. 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 4/12/2021. Redacted Transcript Deadline set for 4/22/2021. Release of Transcript Restriction set for 6/21/2021..(McGuirk, Kelly)
March 19, 2021 Opinion or Order Filing 59 STIPULATION AND ORDER TO EXTEND DEADLINE TO DISCLOSE REBUTTAL EXPERTS: IT IS NOW HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, and subject to the Court, as follows: The deadline to disclose any rebuttal expert witness(es) under Federal Rule of Civil Procedure 26(a)(2) is continued by two weeks and is now April 26, 2021. So Ordered. (Signed by Judge Lewis A. Kaplan on 3/19/2021) (js)
March 18, 2021 Opinion or Order Filing 58 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
March 3, 2021 Opinion or Order Filing 57 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated March 3, 2021 re: Anthony Rapp and C.D. v. Kevin Spacey Fowler a/k/a Kevin Spacey Case No. 1.20-cv-09586 (LAK) | Response to Letter from Peter Saghir Dated March 2, 2021 (ECF No. 56). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
March 2, 2021 Opinion or Order Filing 56 LETTER addressed to Judge Lewis A. Kaplan from Peter J Saghir dated 3/2/2021 re: Letter to Court Responding to Def. Objection to Submission of Dr. Block's Report. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
March 1, 2021 Opinion or Order Filing 55 Objection re: #44 Reply Memorandum of Law in Support of Motion,,, #45 Reply Memorandum of Law in Support of Motion,,, Defendant's Objections to Plaintiff C.D.'s Submission of Dr. Seymour Block's Expert Report in Purported Support of C.D.'s Motion for Leave to Proceed Anonymously. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
February 25, 2021 Opinion or Order Filing 54 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated February 25, 2021 re: Anthony Rapp and C.D. v. Kevin Spacey Fowler a/k/a Kevin Spacey Case No. 1.20-cv-09586 | Motion To Strike Untimely and Unauthorized Declaration. Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Second Supplemental Declaration of Chase A. Scolnick in Support of Defendant's Opposition to Plaintiff C.D.'s Motion for Leave to Proceed Anonymously, #2 Exhibit Exhibit 12).(Scolnick, Chase)
February 24, 2021 Opinion or Order Filing 53 DECLARATION of Peter J Saghir in Support re: #30 FIRST MOTION for Leave to File Motion for Leave to Proceed Anonymously (Redacted) .. Document filed by C. D., Anthony Rapp. (Attachments: #1 Exhibit Exhibit K - Social Media Posts).(Saghir, Peter)
February 23, 2021 Opinion or Order Filing 52 DECLARATION of Chase A. Scolnick in Opposition re: #30 FIRST MOTION for Leave to File Motion for Leave to Proceed Anonymously (Redacted) .. Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit 10, #2 Exhibit 11).(Scolnick, Chase)
February 23, 2021 Opinion or Order Filing 51 Minute Entry for proceedings held before Judge Lewis A. Kaplan by video-conference: Oral Argument held on 2/23/2021 re: the letters filed by counsel on 2/12/2021. Decision reserved by the Court. (Court Reporter Rose Prater) (Mohan, Andrew)
February 20, 2021 Opinion or Order Oral argument regarding the 2/12/2021 letters set for 2/23/2021 at 02:00 PM via video-conference before Judge Lewis A. Kaplan. Press and public may dial-in for audio +1 917-933-2166,Phone Conference ID: 273 039 686# (Mohan, Andrew)
February 19, 2021 Opinion or Order Filing 50 NOTICE OF APPEARANCE by Richard M. Steigman on behalf of C. D., Anthony Rapp..(Steigman, Richard)
February 18, 2021 Opinion or Order Filing 49 ORDER granting #20 Motion for Jennnifer L Keller to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
February 18, 2021 Opinion or Order Filing 48 ORDER granting #19 Motion for Jay P Barron to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
February 12, 2021 Opinion or Order Filing 47 LETTER addressed to Judge Lewis A. Kaplan from Peter J Saghir dated 2/12/2021 re: Anthony Rapp and C.D. v. Kevin Spacey Fowler a/k/a Kevin Spacey Case No. 1.20-cv-09586(LAK) Opposition to Defendant's Letter Motion to Strike Declaration of Seymour H. Block D.O. 2-12-2021. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
February 12, 2021 Opinion or Order Filing 46 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated February 12, 2021 re: Anthony Rapp and C.D. v. Kevin Spacey Fowler a/k/a Kevin Spacey, Case No. 1.20-cv-09586 (LAK) | Motion to Strike Untimely Reply Declaration. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
February 11, 2021 Opinion or Order Filing 45 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #30 FIRST MOTION for Leave to File Motion for Leave to Proceed Anonymously (Redacted) . . Document filed by Anthony Rapp, C. D., Kevin Spacey Fowler. (Attachments: #1 Declaration in Support of Peter J. Saghir 2-11-2021, #2 Exhibit Exhibit A - The Long Term Effects of Child Sexual Abuse, #3 Exhibit Exhibit B - Bonavita License, #4 Exhibit Exhibit C - What Is the Difference Between Psychologists, Psychiatrists and Social Workers, #5 Exhibit Exhibit D - Lawson v. Rubin, #6 Exhibit Exhibit E - BBC, Timeline of Allegations, #7 Exhibit Exhibit F - Doe v. City of New York, #8 Exhibit Exhibit G - Doe v. Smith, #9 Exhibit Exhibit H - Declaration of Seymour Block DO (Highlighted), #10 Exhibit Exhibit I - Online News Association Ethics, #11 Exhibit Exhibit J - Why Privacy and Confidentiality Matters)Motion or Order to File Under Seal: #29 .(Saghir, Peter)
February 11, 2021 Opinion or Order Filing 44 REPLY MEMORANDUM OF LAW in Support re: #30 FIRST MOTION for Leave to File Motion for Leave to Proceed Anonymously (Redacted) . . Document filed by C. D., Anthony Rapp. (Attachments: #1 Declaration in Support of Peter J. Saghir 2-11-2021, #2 Exhibit Exhibit A - The Long Term Effects of Child Sexual Abuse, #3 Exhibit Exhibit B - Bonavita License, #4 Exhibit Exhibit C - What Is the Difference Between Psychologists, Psychiatrists and Social Workers, #5 Exhibit Exhibit D - Lawson v. Rubin, #6 Exhibit Exhibit E - BBC, Timeline of Allegations, #7 Exhibit Exhibit F - Doe v. City of New York, #8 Exhibit Exhibit G - Doe v. Smith, #9 Exhibit Exhibit H - Declaration of Seymour Block DO (Redacted), #10 Exhibit Exhibit I - Online News Association Ethics, #11 Exhibit Exhibit J - Why Privacy and Confidentiality Matters).(Saghir, Peter)
February 4, 2021 Opinion or Order Filing 43 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #30 FIRST MOTION for Leave to File Motion for Leave to Proceed Anonymously (Redacted) . . Document filed by Kevin Spacey Fowler, C. D., Anthony Rapp. (Attachments: #1 Affidavit Declaration of Chase A. Scolnick in Support of Defendant's Opposition to Plaintiff C.D.'s Motion for Leave to Proceed Anonymously, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)Motion or Order to File Under Seal: #41 .(Scolnick, Chase)
February 4, 2021 Opinion or Order Filing 42 MEMORANDUM OF LAW in Opposition re: #30 FIRST MOTION for Leave to File Motion for Leave to Proceed Anonymously (Redacted) . . Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Declaration of Chase A. Scolnick in Support of Defendant's Opposition to Plaintiff C.D.'s Motion for Leave to Proceed Anonymously, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9).(Scolnick, Chase)
February 3, 2021 Opinion or Order Filing 41 ORDER granting #40 Letter Motion for Leave to File Document. Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/3/2021) (mml)
February 2, 2021 Opinion or Order Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference held on 2/2/2021. (Mohan, Andrew)
February 2, 2021 Opinion or Order Filing 40 LETTER MOTION for Leave to File Redacted Opposition Papers addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated February 2, 2021. Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
January 29, 2021 Opinion or Order Filing 39 LETTER addressed to Judge Lewis A. Kaplan from Peter J Saghir dated 01/29/2021 re: Opposition to Defendant's Letter Motion to Disclose Plaintiff CD's identity and to serve additional interrogatories - Anthony Rapp and C.D. v. Kevin Spacey Fowler a/k/a Kevin Spacey Case No. 1.20-cv-09586(LAK). Document filed by C. D., Anthony Rapp..(Saghir, Peter)
January 28, 2021 Opinion or Order Filing 38 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated January 28, 2021 re: Anthony Rapp and C.D. v. Kevin Spacey Fowler a/k/a Kevin Spacey Case No. 1.20-cv-09586 (LAK). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
January 28, 2021 Opinion or Order Filing 37 NOTICE OF APPEARANCE by Rachel Levin Jacobs on behalf of C. D., Anthony Rapp..(Jacobs, Rachel)
January 27, 2021 Opinion or Order Filing 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/12/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
January 27, 2021 Opinion or Order Filing 35 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/12/2021 before Judge Lewis A. Kaplan. 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 2/17/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/27/2021..(McGuirk, Kelly)
January 27, 2021 Opinion or Order Filing 34 ORDER: The parties have been unable to reach any agreement with respect to jurisdictional discovery. Accordingly, jurisdictional and merits discovery shall proceed concurrently. The scheduling order entered on January 12, 2021 remains in effect. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/27/2021) (va)
January 26, 2021 Opinion or Order Filing 33 STATUS REPORT. Joint Report Re Jurisdictional Discovery 1-26-2021 Document filed by C. D., Anthony Rapp..(Saghir, Peter)
January 22, 2021 Opinion or Order Filing 32 ORDER granting #29 FIRST LETTER MOTION for Leave to File Redacted Motion to Proceed by Pseudonym. Granted on condition that unredacted copies be provided to Chambers. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/20/2021) (jca)
January 21, 2021 Opinion or Order Filing 31 ***SELECTED PARTIES***DECLARATION of Peter J Saghir in Support re: #30 FIRST MOTION for Leave to File Motion for Leave to Proceed Anonymously (Redacted) .. Document filed by Anthony Rapp, C. D., Kevin Spacey Fowler. (Attachments: #1 Memorandum of Law in Support of Plaintiff C.D. Motion for Leave to Proceed Anonymously 1-21-2021, #2 Exhibit Exhibit A - Summons and Verified Complaint, #3 Exhibit Exhibit B - Proposed OSC for Leave to File a Civil Action Under the CVA Using a Pseudonym, #4 Exhibit Exhibit C - Signed OSC for Leave to File a Civil Action Under the CVA Using a Pseudonym, #5 Exhibit Exhibit D - Declaration of CD, #6 Exhibit Exhibit E - Declartion of Bonavita, #7 Exhibit Exhibit F - Old Vic Reveals 20 Staff Allegations Against Him, #8 Exhibit Exhibit G - IMDB Page, #9 Exhibit Exhibit H - Proposed Stipulation to Proceed Anonymously, #10 Exhibit Exhibit I - Press Release, New York State Courts Prepare for Influx of Cases, #11 Exhibit Exhibit J - Case Management Order No. 1, In re CHILD VICTIMS ACT NYC LITIGATION, #12 Exhibit Exhibit K - Doe v. City of New York, #13 Exhibit Exhibit L - ARK61 DOE v. Archdiocese of New York, #14 Exhibit Exhibit M - John Doe v. Spacey)Motion or Order to File Under Seal: #29 .(Saghir, Peter)
January 21, 2021 Opinion or Order Filing 30 FIRST MOTION for Leave to File Motion for Leave to Proceed Anonymously (Redacted) . Document filed by C. D., Anthony Rapp. (Attachments: #1 Declaration in Support of Peter J Saghir for Leave to Proceed Anonymously 1-21-2021, #2 Memorandum of Law in Support of Plaintiff C.D. Motion for Leave to Proceed Anonymously 1-21-2021 (Redacted), #3 Exhibit Exhibit A - Summons and Verified Complaint, #4 Exhibit Exhibit B - Proposed OSC for Leave to File a Civil Action Under the CVA Using a Pseudonym, #5 Exhibit Exhibit C - Signed OSC for Leave to File a Civil Action Under the CVA Using a Pseudonym, #6 Exhibit Exhibit D - Declaration of CD (Redacted), #7 Exhibit Exhibit E - Declartion of Bonavita (Redacted), #8 Exhibit Exhibit F - Old Vic Reveals 20 Staff Allegations Against Him, #9 Exhibit Exhibit G - IMDB Page, #10 Exhibit Exhibit H - Proposed Stipulation to Proceed Anonymously, #11 Exhibit Exhibit I - Press Release, New York State Courts Prepare for Influx of Cases, #12 Exhibit Exhibit J - Case Management Order No. 1, In re CHILD VICTIMS ACT NYC LITIGATION, #13 Exhibit Exhibit K - Doe v. City of New York, #14 Exhibit Exhibit L - ARK61 DOE v. Archdiocese of New York, #15 Exhibit Exhibit M - John Doe v. Spacey).(Saghir, Peter)
January 19, 2021 Opinion or Order Filing 29 FIRST LETTER MOTION for Leave to File Redacted Motion to Proceed by Pseudonym addressed to Judge Lewis A. Kaplan from Peter J Saghir dated 1/19/2021. Document filed by C. D., Anthony Rapp..(Saghir, Peter)
January 19, 2021 Opinion or Order Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/12/2021 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)
January 19, 2021 Opinion or Order Filing 27 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/12/2021 before Judge Lewis A. Kaplan. 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 2/9/2021. Redacted Transcript Deadline set for 2/19/2021. Release of Transcript Restriction set for 4/19/2021..(McGuirk, Kelly)
January 15, 2021 Opinion or Order Filing 26 LETTER addressed to Judge Lewis A. Kaplan from Peter J Saghir dated 1/15/2021 re: Anthony Rapp and C.D. v. Kevin Spacey Fowler a/k/a Kevin Spacey Case No. 1.20-cv-09586(LAK). Document filed by C. D., Anthony Rapp..(Saghir, Peter)
January 15, 2021 Opinion or Order Filing 25 LETTER addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated January 15, 2021 re: Anthony Rapp and C.D. v. Kevin Spacey Fowler a/k/a Kevin Spacey Case No. 1.20-cv-09586 (LAK). Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
January 15, 2021 Opinion or Order Filing 24 NOTICE OF APPEARANCE by Ben B. Rubinowitz on behalf of C. D., Anthony Rapp..(Rubinowitz, Ben)
January 14, 2021 Opinion or Order Filing 23 LETTER addressed to Judge Lewis A. Kaplan from Peter J Saghir dated 1/14/2021 re: Anthony Rapp and C.D. v. Kevin Spacey Fowler a/k/a Kevin Spacey Case No. 1.20-cv-09586(LAK). Document filed by C. D., Anthony Rapp..(Saghir, Peter)
January 12, 2021 Opinion or Order Filing 22 NOTICE OF APPEARANCE by Erica Ashley Wolff on behalf of Kevin Spacey Fowler..(Wolff, Erica)
January 12, 2021 Opinion or Order Filing 21 SCHEDULING ORDER: A pretrial teleconference having been held today, it is hereby, ORDERED that the following schedule of deadlines shall govern the further conduct of pretrial proceedings in this case: Last date to join additional parties as of right or seek leave to do so - 2/01/2021. Last date to amend pleadings as of right or seek leave to do so - 2/01/2021. The parties shall make required Rule 26(a)(2) disclosures with respect to: (i) expert witnesses on or before - 2/26/2021. (ii) rebuttal expert witnesses on or before - 4/12/2021. Completion of all discovery - 7/2/2021. Service of summary judgment motions - 8/1/2021. Filing of pretrial order, proposed jury instructions and requested voir dire questions -- case ready for trial - 8/01/2021. The following trial materials shall be filed at least ten days before trial: (a) Trial brief stating the legal and factual issues and authorities relied upon and discussing any anticipated substantive or procedural problems. (b) Motions in limine. Motions in limine shall be made returnable at the time and date fixed for trial unless made at or prior to the date fixed for filing the pretrial order, in which case they shall be made without a return date and dealt with in accordance with the Court's individual rules of procedure. Papers in opposition to motions in limine made returnable on the trial date shall be filed at least three days before trial. Amended Pleadings due by 2/1/2021. Joinder of Parties due by 2/1/2021. Discovery due by 7/2/2021. Pretrial Order due by 8/1/2021. Ready for Trial by 8/1/2021. (Signed by Judge Lewis A. Kaplan on 1/12/2021) (jca)
January 12, 2021 Opinion or Order Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference held on 1/12/2021. (Court Reporter Rose Prater) (Mohan, Andrew)
January 11, 2021 Opinion or Order Filing 20 MOTION for Jennifer L. Keller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice Motion, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice, #3 Exhibit Certificate of the Clerk of the Supreme Court of the State of California).(Keller, Jennifer)
January 11, 2021 Opinion or Order Filing 19 MOTION for Jay P. Barron to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice Motion, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice, #3 Exhibit Certificate of the Clerk of the Supreme Court of the State of California).(Barron, Jay)
January 11, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Jennifer L. Keller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #19 MOTION for Jay P. Barron to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
January 5, 2021 Opinion or Order Filing 18 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Kevin Spacey Fowler..(Scolnick, Chase)
January 5, 2021 Opinion or Order Filing 17 MEMO ENDORSEMENT denying #11 Motion to Remand to State Court. ENDORSEMENT: Plaintiffs commenced this action in the Supreme Court of the State of New York, County of New York, for assault, battery and other torts against Kevin Spacey Fowler, better known as Kevin Spacey. The claims arise out of alleged sexual misconduct involving the two then minor plaintiffs 34 and 40 years ago. Defendant removed the action to this Court on the basis of alleged diversity of citizenship. He claims that he is a citizen of the State of Maryland and that plaintiffs are citizens of New York. Plaintiffs have moved to remand the action to the state court. They contend that Spacey is domiciled in the United Kingdom and therefore not a citizen, for diversity purposes, of any state. The motion is supported chiefly by a declaration of plaintiffs' counsel, who does not claim any personal knowledge with respect to Spacey's domicile, and an array of newspaper and magazine clippings and other documents. Spacey has submitted a declaration asserting that he is a domiciliary of Maryland. Plaintiffs argue, correctly, that the burden of establishing the existence of federal subject matter jurisdiction in this case rests with Spacey. But they would have the Court disregard Spacey's declaration on the theory that it is "self serving" and not "competent." That, however, would be entirely inappropriate. A person's domicile is "the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning." Linardos v. Fortuna, 157 F.3d 945, 948 (2nd Cir. 1998). Certainly Spacey is the only person who is competent to testify on the basis of personal knowledge with respect to whether "he has the intention of returning" to Maryland "whenever he is absent" although, as in any other case in which intent is in issue, other evidence may shed light on the credibility or lack thereof of his assertion of subjective intention. And the question whether he has his true fixed home and principal establishment in Maryland cannot be decided on the basis of newspaper and magazine clippings and other materials submitted by plaintiffs. Accordingly, the motion to remand is denied. During the course of discovery, plaintiffs are entitled to seek evidence bearing on the domicile question., but examination of that question must be proportional to the needs of resolving the jurisdictional issue. The parties shall confer within the next two weeks with a view to reaching agreement on the discovery appropriate to that question and shall file a joint report with the Court no later than January 26, 2021 concerning their agreement or, failing an agreement, the boundaries of the dispute. In the meantime, there shall be no discovery on the jurisdictional issue absent consent of both sides. Should the jurisdictional issue remain unresolved after the completion of such jurisdictional discovery as the Court allows, plaintiffs will be permitted to renew their motion. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/5/2021) (jca)
January 4, 2021 Opinion or Order Filing 16 REPLY AFFIDAVIT of Peter J Saghir in Support re: #11 MOTION to Remand to State Court .. Document filed by C. D., Anthony Rapp. (Attachments: #1 Reply Memorandum, #2 Exhibit Exhibit A - Deed for 622 Ponte Villas North, #3 Exhibit Exhibit B - Maryland SOS Business Entity Search for Clear Toaster, LLC, #4 Exhibit Exhibit C - Maryland SOS Business Entity Search, FIling History for Clear Toaster LLC, #5 Exhibit Exhibit D - What Does it Mean that a Business Entity is Not in Good Standing or Forfeited, #6 Exhibit Exhibit E - Maryland DMV, Maryland's Driver's License, #7 Exhibit Exhibit F - Kevin Spacey Foundation America Form 990, #8 Exhibit Exhibit G - Kevin Spacey Foundation Homepage, #9 Exhibit Exhibit H - Doe Motions Papers and Order, #10 Exhibit Exhibit I - Request for Service Abroad of Judicial or Extrajudicial Documents).(Saghir, Peter)
December 28, 2020 Opinion or Order Filing 15 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Remand to State Court . . Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Declaration of Kevin Spacey Fowler in Support of Defendant's Opposition to Plaintiffs' Motion to Remand, #2 Exhibit 1, #3 Exhibit 2).(Scolnick, Chase)
December 17, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for Jay P. Barron to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #14 MOTION for Jennifer L. Keller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not accept certificates from a state bar registrar for this state.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
December 16, 2020 Opinion or Order Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jennifer L. Keller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice Motion, #2 Exhibit Certificate of Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Keller, Jennifer) Modified on 12/17/2020 (bcu).
December 16, 2020 Opinion or Order Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jay P. Barron to Appear Pro Hac Vice filing fee $200.00, receipt number ANYSDC-23068671 . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice Motion, #2 Exhibit Certificate of Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Barron, Jay) Modified on 12/16/2020 (bcu). Modified on 12/17/2020 (bcu).
December 16, 2020 Opinion or Order Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jennifer L. Keller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23068436. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Spacey Fowler. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice Motion, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Keller, Jennifer) Modified on 12/17/2020 (bcu).
December 16, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Jennifer L. Keller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23068436. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
December 14, 2020 Opinion or Order Filing 11 MOTION to Remand to State Court . Document filed by C. D., Anthony Rapp. (Attachments: #1 Declaration in Support of PJS 12-14-2020, #2 Memorandum of Law in Support of Plaintiffs Motion to Remand 12-14-2020, #3 Exhibit Exhibit A - The Official Academy Awards Database, #4 Exhibit Exhibit B - Buzzfeed News, Kevin Spacey Made A Sexual Advance Toward Me When I Was 14, #5 Exhibit Exhibit C - Vox, The sexual assault allegations against Kevin Spacey span decades, #6 Exhibit Exhibit D - New York State, Governor Cuomo Signs the Child Victims Act, #7 Exhibit Exhibit E - New York State Unified Court System, Child Sex Abuse Cases, #8 Exhibit Exhibit F - New York State, Governor Cuomo Signs Legislation Extending Look Back Window for Child Victims Act, #9 Exhibit Exhibit G - Poughkeepsie Journal, Child Victims Act suits in NY add up, #10 Exhibit Exhibit H - Summons and Verified Complaint, #11 Exhibit Exhibit I - Press Release, New York State Courts Prepare for Influx of Cases, #12 Exhibit Exhibit J - Case Management Order No. 1, In re CHILD VICTIMS ACT NYC LITIGATION, #13 Exhibit Exhibit K - Proposed OSC for Leave to File a Civil Action Under the CVA Using a Pseudonym, #14 Exhibit Exhibit L - Signed OSC for Leave to File a Civil Action Under the CVA Using a Pseudonym, #15 Exhibit Exhibit M - Press Release, The Old Vic Commits to a New Way Forward, #16 Exhibit Exhibit N - The Guardian, Kevin Spacey at the Old Vic, #17 Exhibit Exhibit O - Homes and Property, Kevin Spaceys London neighbour lists three-bedroom apartment for sale, #18 Exhibit Exhibit P - BBC, Old Vic reveals 20 staff allegations, #19 Exhibit Exhibit Q - Evening Standard, London will always be my home, #20 Exhibit Exhibit R - BBC, Spacey becomes London theater boss, #21 Exhibit Exhibit S - The Telegraph, Spacey sets the stage for nine years at the Old Vic, #22 Exhibit Exhibit T - Independent, Expect the political unpredictable, says House of Cards Kevin Spacey, #23 Exhibit Exhibit U -Hello, Princes Charles presents honorary knighthood to Kevin Spacey, #24 Exhibit Exhibit V - BBC, Knighthood and adopted son, #25 Exhibit Exhibit W - Notice to State Court of Filing Notice of Removal, #26 Exhibit Exhibit X - IMDB, House of Cards, #27 Exhibit Exhibit Y -DC by Foot, House of Cards Locations in DC, #28 Exhibit Exhibit Z - The Baltimore Sun, Inner Harbor condo not Kevin Spaceys, #29 Exhibit Exhibit AA - The U.S. Sun, Kevin Spacey is seen for first time in months, #30 Exhibit Exhibit BB - Affidavit of Service, #31 Exhibit Exhibit CC - Entertainment Weekly, House of Cards star on Kevin Spacey exit, #32 Exhibit Exhibit DD - IMDB, Kevin Spacey, #33 Exhibit Exhibit EE - In re Golden Eagle Liberia Ltd., #34 Exhibit Exhibit FF - Anwar v. Fairfield Greenwich).(Saghir, Peter)
December 11, 2020 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Chase Scolnick on behalf of Kevin Spacey Fowler..(Scolnick, Chase)
December 9, 2020 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Peter James Saghir on behalf of C. D., Anthony Rapp..(Saghir, Peter)
November 24, 2020 Opinion or Order Filing 8 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: The teleconference can be reached by calling 888-363-4749 and using access code 7664205. (And as further set forth herein.) Initial Conference set for 1/12/2021 at 10:00 AM before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 11/24/2020) (jca)
November 20, 2020 Opinion or Order Filing 7 ANSWER to Complaint with JURY DEMAND. Document filed by Kevin Spacey Fowler..(Tremonte, Michael)
November 20, 2020 Opinion or Order Filing 6 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 950648/2020..Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit A - Summons and Verified Complaint, #2 Exhibit B - OTSC to File Under Pseudonym, #3 Exhibit C - Petition in Support of OTSC to File Under Pseudonym, #4 Exhibit D - Attachment A to Petition in Support of OTSC (Summons and Complaint), #5 Exhibit E - Attachment B to Petition in Support of OTSC (Nov. 2017 article), #6 Exhibit F - Attachment C to Petition in Support of OTSC (State Ct. Case Management Order No. 1), #7 Exhibit G - State Court Request for Judicial Intervention, #8 Exhibit H - State Court Case Management Order No. 1, #9 Exhibit I - State Court Case Management Order No. 2, #10 Exhibit J - State Court Confidentiality Order, #11 Exhibit K - Affidavit of Service on Defendant, #12 Exhibit L - State Court Order Directing Master Index Number for Challenges to Confidentiality Order, #13 Exhibit M - Signed OTSC for Leave to File Under Pseudonym, #14 Exhibit N - Oct. 23, 2020 Letter from Plaintiffs to Hon. Deborah Kaplan, #15 Exhibit O - Order of Justice Silver on OTSC for Leave to File Under Pseudonym).(Tremonte, Michael)
November 18, 2020 Opinion or Order Filing 5 ORDER: The defendant, who removed this case from state court, attached 131 pages of exhibits, denominated Exhibits A through 0, to the notice of removal. The individual exhibits are not filed as separate PDF files nor specifically described in the file names as required by Rule 5.1 of the ECF Rules & Instructions, which provides in relevant part that "[e]xhibits must be filed as attachments to the main document. Each attachment must be clearly titled so the subject of the exhibit is clear." Accordingly, defendant, on or before November 30, 2020, shall refile the notice of removal and the exhibits thereto in compliance with Rule 5.1 failing which the case will be remanded to state court. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/16/2020) (jca)
November 17, 2020 Opinion or Order Filing 4 CERTIFICATE OF SERVICE of Notice of Removal served on Anthony Rapp and C.D. on November 17, 2020. Service was made by Mail. Document filed by Kevin Spacey Fowler..(Tremonte, Michael)
November 16, 2020 Opinion or Order Filing 3 CIVIL COVER SHEET filed..(Tremonte, Michael)
November 16, 2020 Opinion or Order 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..(sj)
November 16, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Tremonte. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (sj)
November 16, 2020 Opinion or Order Magistrate Judge Stewart D. Aaron 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. (sj)
November 16, 2020 Opinion or Order Case Designated ECF. (sj)
November 16, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Tremonte. The following case opening statistical information was erroneously selected/entered: Dollar Demand $75,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000. (sj)
November 13, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Tremonte, Michael)
November 13, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 950648/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-22582140).Document filed by Kevin Spacey Fowler. (Attachments: #1 Exhibit A through O).(Tremonte, Michael)

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Search for this case: Rapp et al v. Fowler
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Defendant: Kevin Spacey Fowler
Represented By: Michael Tremonte
Represented By: Jay Phillip Barron
Represented By: Chase Scolnick
Represented By: Jennifer Keller
Represented By: Erica Ashley Wolff
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Defendant: Kevin Spacey
Represented By: Michael Tremonte
Represented By: Jay Phillip Barron
Represented By: Chase Scolnick
Represented By: Jennifer Keller
Represented By: Erica Ashley Wolff
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Plaintiff: Anthony Rapp
Represented By: Peter James Saghir
Represented By: Ben B. Rubinowitz
Represented By: Christopher James Donadio
Represented By: Rachel Levin Jacobs
Represented By: Richard M. Steigman
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Plaintiff: C. D.
Represented By: Peter James Saghir
Represented By: Ben B. Rubinowitz
Represented By: Christopher James Donadio
Represented By: Rachel Levin Jacobs
Represented By: Richard M. Steigman
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Respondent: Adam Vary
Represented By: Jean-Paul Jassy
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