Carroll v. Trump
| E. Jean Carroll |
| Donald J. Trump |
| 1:2022cv10016 |
| November 24, 2022 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Both |
Docket Report
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This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.
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Filing 143
LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated April 23, 2023 re: opposition to defendants letter motion.. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 142
LETTER addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 04/22/2023 re: Requesting limited voir dire of Natasha Stoynoff. Document filed by Donald J. Trump. (Attachments: #1 Exhibit A: Plaintiff interview of Natasha Stoynoff).(DeOreo, Matthew)
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Filing 141
ORDER denying #139 Letter Motion for Leave to File Document (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 140
NOTICE OF APPEARANCE by W. Perry Brandt on behalf of Donald J. Trump..(Brandt, W.)
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Filing 139
MOTION, Re: for Leave to File a Motion to Intervene as an interested party. Document filed by Towaki Komatsu, proposed intervenor. (sc) Modified on 4/21/2023 (sc).
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Filing 138
LETTER addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 04/21/2023 re: Objections to the Parties Deposition Designations as to Defendant's Deposition. Document filed by Donald J. Trump. (Attachments: #1 Exhibit A: Deposition Designations).(DeOreo, Matthew)
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Filing 137
MEMO ENDORSEMENT on re: #131 LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated April 20, 2023. filed by E. Jean Carroll. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/21/23) (yv)
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Filing 136
ORDER granting #131 Letter Motion to Seal (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 135
ORDER granting #128 Motion for W Perry Grant to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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Filing 134
***SELECTED PARTIES***DECLARATION of Roberta A. Kaplan in Support re: #132 MOTION in Limine .. Document filed by E. Jean Carroll, Donald J. Trump. (Attachments: #1 Exhibit 1 - April 19, 2023 Deposition of E. Jean Carroll, #2 Exhibit 2 - Document #1 dated September 3, 2020, #3 Exhibit 3 - Document #2 dated September 22, 2020, #4 Exhibit 4 - Document #3 dated September 22, 2020, #5 Exhibit 5 - Document #4 dated September 23, 2020, #6 Exhibit 6 - Document #5 dated September 23, 2020, #7 Exhibit 7 - Document #6 dated April 17, 2023, #8 Exhibit 8 - Excerpts from October 14, 2022 Deposition of E. Jean Carroll, #9 Exhibit 9 - Document #7 dated April 18, 2023)Motion or Order to File Under Seal: #131 .(Kaplan, Roberta)
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Filing 133
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #132 MOTION in Limine . . Document filed by E. Jean Carroll, Donald J. Trump. Motion or Order to File Under Seal: #131 .(Kaplan, Roberta)
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Filing 132
***SELECTED PARTIES*** MOTION in Limine . Document filed by E. Jean Carroll, Donald J. Trump.Motion or Order to File Under Seal: #131 .(Kaplan, Roberta)
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Filing 131
LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated April 20, 2023. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 130
PROPOSED PRE-TRIAL ORDER. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 129
Exhibit List - Deposition Designations and Objections for Trial. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 128
MOTION for W. Perry Brandt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27634526. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Donald J. Trump. (Attachments: #1 Affidavit Declaration of Matthew G. DeOreo, #2 Affidavit Affidavit of W. Perry Brandt, #3 Appendix Certificate of Good Standing, #4 Text of Proposed Order For Pro Hac Vice Admission of W. Perry Brandt).(DeOreo, Matthew)
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Filing 127
LETTER addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 04/20/2022 re: in response to the Court's request of April 10, 2023. Document filed by Donald J. Trump..(DeOreo, Matthew)
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Filing 126
ORDER RE TRIAL CONDUCT. In order to facilitate the efficient presentation of the trial, it is hereby ORDERED, as follows: 1. Prior to any reference to a deposition or deposition transcript in the presence of the jury with a witness on the stand, the Court shall be furnished with a complete copy of the transcript of the deposition. 2. If counsel for either side wishes to offer in evidence or use for impeachment or otherwise any portion of a deposition, that counsel shall identify the deposition by name of witness and date, state on the record the page( s) and lines( s) of the transcript ( or corresponding video) to be used, and afford the adverse party sufficient time to find the reference and to make any objection before reading from or playing the portion of the transcript or video to which reference has been made. 3. In using depositions to interrogate a witness, examining counsel shall refrain from asking such superfluous questions as "Was your deposition taken in this case?," "Do you remember testifying that... ", and so on. Examining counsel instead shall indicate the page( s) and line(s) to which counsel wishes to refer, pause as indicated in paragraph 2 to permit any objection to be made and resolved, and-assuming that no objection is made or that any objection is overruled -read or play the testimony referred to following which counsel may put an appropriate question about the testimony- such as "Was that testimony true?" - to the witness.4.Counsel shall cooperate with each other in advising their opposite numbers as to the order of their witnesses and the expected duration of direct examinations or deposition read backs. 5. Each party shall have one or more witnesses in the courthouse ready to testify immediately after the conclusion of the testimony of the preceding witness. The failure to have a witness on hand to take the stand may result in an order that an offending party has rested his or her case. 6. There shall be no reference before the jury or the jury panel to any matters as to which admissible evidence has not previously been received or, in the case of opening statements, as to which the attorney lacks a good faith belief that admissible evidence will be received. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/20/23) (yv)
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Filing 125
MEMO ENDORSEMENT on re: #118 Letter Request for preliminary jury charge filed by Donald J. Trump. ENDORSEMENT : Mr. Trump's lead counsel expresses Mr. Trump's alleged desire to testify at trial but seeks an order from the Court excusing his presence unless either party calls him as a witness and, in the event he does not testify, instructing the jury that his "absence.,. by design, avoids the logistical burdens that his presence, as the former president, would cause the courthouse and New York City." Dkt 118. First, the Court neither excuses nor declines to excuse Mr. Trump from attending the trial or from testifying in this case. As far as the Court is aware, Mr. Trump is under no legal obligation to be present or to testify. The plaintiff has made clear that she does not intend to call him as a witness. The decision whether to attend or to testify is his alone to make. There is nothing for the Court to excuse. Second, the Court notes but does not accept Mr. Trump's counsel's claims concerning alleged burdens on the courthouse or the City were Mr. Trump to attend or testify. Mr. Trump is entitled by law to the protection of the United States Secret Service, which he now has enjoyed as a former president for more than two years. He has a right to testify in this case. As it would do for any person with business before the Court, the Court will do everything within its power to enable Mr. Trump to exercise that right. Moreover, it is entirely confident that the United States Marshals Service and the City of New York will do their parts in securing that right to Mr. Trump, just as they repeatedly have done in other cases involving security concerns. Moreover, the Court notes from Mr. Trump's campaign web site and media reports that he announced earlier this week that he will speak at a campaign event in New Hampshire on April 27, 2023, the third day of the scheduled trial in this case. If the Secret Service can protect him at that event, certainly the Secret Service, the Marshals Service, and the City of New York can see to his security in this very secure federal courthouse. Finally, Mr. Trump has been on notice of the April 25 trial date in this case since on or about February 7, 2023. Dkt 49, l(c). There has been quite ample time within which to make whatever logistical arrangements should be made for his attendance, and certainly quite a bit more time than the five or six days between his recent indictment on state criminal charges and his arraignment on that indictment approximately one block from the location of the trial of this case. The question of the requested jury instruction is premature. Mr. Trump is free to attend, to testify, or both. He is free also to do none of those things. Should he elect not to appear or testify, his counsel may renew the request. In the meantime, there shall be no reference by counsel for Mr. Trump in the presence of the jury panel or the trial jury to Mr. Trump's alleged desire to testify or to the burdens that any absence on his part allegedly might spare, or might have spared, the Court or the City of New York. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/20/23) (yv)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #128 MOTION for W. Perry Brandt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27634526. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 124
ORDER granting #120 Letter Motion to Seal. Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 4/19/23) (yv)
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Filing 123
***SELECTED PARTIES***DECLARATION of Roberta A. Kaplan in Support re: #121 MOTION in Limine .. Document filed by E. Jean Carroll, Donald J. Trump. (Attachments: #1 Exhibit 1 - Excerpts of 10/14/22 Carroll deposition transcript)Motion or Order to File Under Seal: #120 .(Kaplan, Roberta)
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Filing 122
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #121 MOTION in Limine . . Document filed by E. Jean Carroll, Donald J. Trump. Motion or Order to File Under Seal: #120 .(Kaplan, Roberta)
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Filing 121
***SELECTED PARTIES*** MOTION in Limine . Document filed by E. Jean Carroll, Donald J. Trump.Motion or Order to File Under Seal: #120 .(Kaplan, Roberta)
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Filing 120
LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated April 19, 2023. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 119
LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated April 19, 2023 re: response to Defendant's request for preliminary jury charge. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 118
LETTER addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 04/19/2023 re: Request for preliminary jury charge. Document filed by Donald J. Trump..(Tacopina, Joseph)
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Filing 117
MEMO ENDORSEMENT on re: #115 Letter Requesting Clarification of Jury Selection Process filed by Donald J. Trump. ENDORSEMENT: I take what I understand to be material inaccuracies in Mr. Tacopina's letter to be misunderstandings attributable to the fact that Mr. Tacopina was not present at the meeting attended by the Deputy Clerk, Mr. Mohan, and other counsel. The Court nevertheless provides the following information concerning the proceedings on Tuesday. 1. The entire jury selection process will take place in the Courtroom scheduled for trial in the presence of counsel for both sides. As it would be inconvenient to accommodate the entire panel in that room at one time, part of the panel will be held in a reserve room under appropriate court supervision and will see and hear all jury-related proceedings (save any sidebars) that occur in the Courtroom over closed circuit video. From time to time, it may be appropriate to bring prospective jurors from the reserve room to replace other prospective jurors who have been excused during proceedings in the Courtroom. The replacement prospective jurors will be voir dired appropriately in the presence of all counsel once they are brought to the Courtroom and seated. This is identical in substance to the manner in which juries were selected in this Court during the COVID pandemic. 2. Counsel for both sides have been requested to submit proposed voir dire questions, and both have done so. The Court naturally is taking those requests into account in formulating its examination of prospective jurors. Moreover, at the completion of the examinations of the panel in general and of specific individual jurors, counsel will have a further opportunity to suggest questions. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/18/23) (yv)
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Filing 116
LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated April 18, 2023 re: Plaintiff's attendance at trial (pursuant to the Court's April 10, 2023 Order). Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 115
LETTER addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 04/17/2023 re: Requesting Clarification of Jury Selection Process. Document filed by Donald J. Trump..(Tacopina, Joseph)
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Filing 114
MEMORANDUM AND ORDER DENYING DEFENDANTS REQUEST TO ADJOURN TRIAL denying #106 Letter Motion to Continue. For the foregoing reasons, Mr. Trump's request to adjourn the trial (Dkt 106) is denied.The trial will commence on April 25, 2023. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/17/23) (yv)
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Filing 113
MEMO ENDORSEMENT on re: #112 Letter filed by Donald J. Trump ENDORSEMENT: Mr. Trump's motion to employ a written juror questionnaire in selecting the jury in this case is denied. The Court makes only these points as matters of emphasis: 1. This motion has been made without regard to the fact that the Court on April 10, 2023 stated that it would not use a jury questionnaire in this case. Dkt 105, at 5 n.8. 2. As the Court made clear in the April 10, 2023 decision, the law in this circuit is abundantly clear that the use of written jury questionnaires is entirely optional with the trial judge. What is required is that an appropriate voir dire by whatever means be used. That will be done. 3. This motion proposes the use of a juror questionnaire that- notwithstanding the Court's ruling that an anonymous jury will be employed- seeks to require prospective jurors to give their names, their employment, and the employment of all of their immediate family members. The Court denied the parties' request for their legal teams to access the jurors' names in its April 10, 2023 decision. Nothing between then and now has occurred to warrant revisiting that ruling. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/14/2023) (ks)
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Filing 112
LETTER addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 04/14/2023 re: Jury Selection. Document filed by Donald J. Trump. (Attachments: #1 Exhibit A: Proposed Jury Questionnaire).(Tacopina, Joseph)
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Filing 111
LETTER REPLY to Response to Motion addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 04/14/2023 re: #106 LETTER MOTION to Continue Trial for Four-Week Cooling Off Period Regarding Media Attention addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 04/11/2023. . Document filed by Donald J. Trump..(Tacopina, Joseph)
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Filing 110
ORDER granting in part and denying in part #108 Letter Motion to Reopen re: #108 LETTER MOTION to Reopen Discovery addressed to Judge Lewis A. Kaplan from Alina Habba dated April 13, 2023. On April 10, 2023, plaintiffs counsel disclosed to the defendant that plaintiff-- who had testified at her deposition on October 14, 2022 that (a) no one else was paying her legal fees as "[t]his is a contingency fee case," and that (b) she was "not sure about expenses" (Dkt 108-1, Dep. Tr., at 209: 11-21) -- "now [i.e., Apr. 10, 2023] recall[ed] that at some point her counsel secured additional funding from a nonprofit organization to offset certain expenses and legal fees." Dkt 108-2 at 1. Plaintiffs counsel now advises that this assistance was secured in September 2020, well after the commencement of the first to the two closely related actions of which this is the later. In subsequent discussions between the parties' respective counsel, plaintiff disclosed the identity of the financial backer, said to be a prominent funder of Democratic causes, and of the not-for profit entity through which he apparently provided such funding. Plaintiffs counsel further represented that plaintiff "has never met and has never been party to any communications (written or oral) with anyone associated with the nonprofit." Dkt 108-3 at 1. On this basis, defendant moves for "(i) a limited re-opening of the discovery period restricted to investigation into the narrow source of funding issue, and (ii) a one-month continuance of the trial date... ; or (iii) in the alternative, that the Court permit an adverse inference instruction against Plaintiff with respect to her willful defiance of her discovery obligations." Dkt 108 at 4. SO ORDERED The question whether and when plaintiff or her counsel have obtained financial supportin this action has nothing directly to do with the ultimate merits of the case. See, e.g., Benitez v. Lopez,No. 7-CV-3827-SJ-SJB, 2019 WL 1578167, at *1-*2 (E.D.N.Y. Mar. 14, 2019). Although I do not nowdecide the question, it perhaps might prove relevant to the question of plaintiffs credibility, in view ofthe deposition testimony referred to above. Accordingly, I will permit a brief and carefullycircumscribed examination of that narrow question without prejudging the question of whether and towhat extent examination on this matter may be permitted at trial. Accordingly, defendant's applicationis granted, but only to the extent that (I) plaintiff shall furnish the defendant, no later than April 16, 2023,with documents sufficient to establish that the inception of the financing assistance for the Carrolllitigation in fact occurred in or after mid-2020, (b) any documents concerning the state of plaintiffsknowledge, if any, of the financing assistance as of the date of her deposition and as of the present, and(2) defendant may conduct an additional deposition of Ms. Carroll not to exceed 60 minutes in duration,unless otherwise ordered by the Court, which shall be (1) limited to the subject of Ms. Carroll'sknowledge of the financing assistance as of the date of her deposition and as of the present, and (2)completed no later than April 19, 2023. The motion is denied in all other respects save that the Courtreserves for determination at trial the matter of any requested adverse inference instruction. Trial shallbegin as scheduled on April 25, 2023 unless otherwise ordered. SO ORDERED.. (Signed by Judge Lewis A. Kaplan on 4/13/2023) (ks)
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Filing 109
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated April 13, 2023 re: #108 LETTER MOTION to Reopen Discovery addressed to Judge Lewis A. Kaplan from Alina Habba dated April 13, 2023. . Document filed by E. Jean Carroll. (Attachments: #1 Exhibit A - Letter from R. Kaplan to A. Habba dated April 10, 2023, #2 Exhibit B - Letter from R. Kaplan to C. Seigel dated April 11, 2023, #3 Exhibit C - Excerpt from the Deposition of E. Jean Carroll, #4 Exhibit D - Defendant's Request for Production in State Court, #5 Exhibit E - Plaintiff's Responses and Objections to Defendant's Request for Production in State Court, #6 Exhibit F - Defendant's Request for Production in Carroll I, #7 Exhibit G - Defendant's Interrogatories in Carroll I, #8 Exhibit H - Plaintiff's Responses and Objections to Defendant's Request for Production in Carroll I, #9 Exhibit I - Plaintiff's Responses and Objections to Defendant's Interrogatories in Carroll I, #10 Exhibit J - Plaintiff's Responses and Objections to Defendant's Request for Production in Carroll II, #11 Exhibit K - Excerpts from the Deposition of Dr. Edgar Nace).(Kaplan, Roberta)
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Filing 108
LETTER MOTION to Reopen Discovery addressed to Judge Lewis A. Kaplan from Alina Habba dated April 13, 2023. Document filed by Donald J. Trump. (Attachments: #1 Exhibit A - Excerpt of E Jean Carroll's Deposition, #2 Exhibit B - Letter from Roberta Kaplan dated April 10, 2023, #3 Exhibit C - Letter from Roberta Kaplan dated April 11, 2023, #4 Exhibit D - Defendant's First Set of Interrogatories, #5 Exhibit E - Plaintiff's Responses and Objections to Defendant's Interrogatories, #6 Exhibit F - Excerpt of Donald J. Trump's Deposition).(Habba, Alina)
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Filing 107
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated April 12, 2023 re: #106 LETTER MOTION to Continue Trial for Four-Week Cooling Off Period Regarding Media Attention addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 04/11/2023. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 106
LETTER MOTION to Continue Trial for Four-Week Cooling Off Period Regarding Media Attention addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 04/11/2023. Document filed by Donald J. Trump. (Attachments: #1 Exhibit A: Transcript).(DeOreo, Matthew)
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Filing 105
MEMORANDUM AND ORDER DENYING JOINT REQUEST FOR THE PARTIES' "LEGAL TEAMS" TO HA VE ACCESS TO JUROR NAMES: For the foregoing reasons, the parties' request that each party's "legal team" be granted access to the names of prospective jurors (Dkt 103) is denied. (Signed by Judge Lewis A. Kaplan on 4/10/2023) (rro)
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Filing 104
ORDER REGARDING ATTENDANCE OF PARTIES DURING TRIAL: Each party is requested to inform the Court, in writing, no later than April 20, 2023, of whether that party intends to be present throughout the trial until completion and, if not, the dates on which he or she intends to be absent from the trial proceedings for all or part of the day. This request does not intend, and is not to be construed as suggesting, anything whatsoever with respect to whether either party is legally obliged to be present throughout the trial or, in any case, with respect to any legal consequences that might or might not flow from any decision not to be present throughout. (Signed by Judge Lewis A. Kaplan on 4/10/2023) (rro)
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Filing 103
LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated 4/6/23 re: request that the Court allow each party's legal team-but not the parties themselves-access to the names of the prospective jurors, Document filed by E. Jean Carroll, Donald J. Trump.(yv)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #101 Proposed Order was reviewed and approved as to form. (km)
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Filing 102
PROPOSED JURY INSTRUCTIONS. Document filed by Donald J. Trump..(Habba, Alina)
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Filing 101
PROPOSED ORDER. Document filed by Donald J. Trump. Related Document Number: #97 ..(Habba, Alina) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 100
LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated March 30, 2023 re: Application for Jury Questionnaire. Document filed by E. Jean Carroll. (Attachments: #1 Exhibit A - Plaintiff's Proposed Jury Questionnaire).(Kaplan, Roberta)
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Filing 99
LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated March 30, 2023 re: Jury Instructions, Verdict Form, and Voir Dire. Document filed by E. Jean Carroll. (Attachments: #1 Exhibit A - Plaintiff's Proposed Jury Instructions, #2 Exhibit B - Plaintiff's Proposed Special Verdict Form, #3 Exhibit C - Plaintiff's Proposed Voir Dire).(Kaplan, Roberta)
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Filing 98
PROPOSED VOIR DIRE QUESTIONS. Document filed by Donald J. Trump..(Habba, Alina)
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Filing 97
PROPOSED VOIR DIRE QUESTIONS. Document filed by Donald J. Trump..(Habba, Alina)
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Filing 96
MEMORANDUM OPINION re: #66 MOTION for Partial Summary Judgment . filed by Donald J. Trump. For the foregoing reasons, Mr. Trump's motion for partial sunnnary judgment (Dkt 66) is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/28/23) (yv)
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Filing 95
MEMORANDUM AND ORDER ON PLAINTIFF'S IN LIMINE MOTION granting in part and denying in part #72 Motion in Limine. The motion is granted in part and denied in part. Ms. Carroll has incorporated in her motion in Carroll II several requests for in limine relief on which the Court has not yet ruled but that Mr. Trump has not opposed. Accordingly, those requests are granted. Plaintiff's motion in limine (Dkt 72) is granted to the extent that: (1) plaintiff's prior consistent statements to Mss. Birnbach and Martin about defendant's alleged sexual assault are admissible; (2) the testimony of Mss. Stoynoff and Leeds regarding their experiences involving the defendant come within Federal Rules of Evidence 413 and 415 and will not be excluded under Rule 403; (3) defendant is precluded from giving or eliciting testimony concerning information allegedly known to persons whom he has not disclosed under Rules 26(a) and (e); (4) both parties are precluded from any testimony, argument, commentary or reference concerning DNA evidence; (5) defendant is precluded from cross-examination or eliciting evidence regarding Stephanie Grisham's prior misdemeanor convictions, her unrelated pending lawsuit, and her use of a prescription medication; (6) defendant is precluded from commenting upon or eliciting any evidence regarding plaintiff's choice of counsel or her counsel's activities outside the litigation between plaintiff and defendant; (7) Mr. Fisher is precluded from testifying at trial as a rebuttal expert witness; and (8) defendant is precluded from calling Ms. Hobday to testify at trial. Plaintiff's motion in limine (Dkt 72) is denied to the extent that defendant is not precluded from calling Mss. Dyssegaard, Abraham, Lazin, and Mr. Haskell at trial. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/27/23) (yv)
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Filing 94
MEMORANDUM OPINION RE ANONYMOUS JURY. For the foregoing reasons, (I) the names, addresses, and places of employment of prospective jurors on the voir dire panel, as well as jurors who ultimately are selected for the petit jury, shall not be revealed, (2) petit jurors shall be kept together during recesses and the United States Marshal Service ("USMS") shall take the petit jurors to, or provide them with, lunch as a group throughout the pendency of the trial, and (3) at the beginning and end of each trial day, the petit jurors shall be transported together or in groups from one or more undisclosed location or locations at which the jurors can assemble or from which they may return to their respective residences. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/23/23) (yv)
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Filing 93
LETTER addressed to Judge Lewis A. Kaplan from Matthew A. Leish dated 3/17/23 re: objecting to the potential empaneling of an anonymous jury in this case. (yv)
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Filing 92
MEMORANDUM AND ORDER ON DEFENDANT'S IN LIMINE MOTION denying #69 Motion in Limine. Mr. Trump's in limine motion (Dkt 69) is denied in all respects. This ruling is without prejudice to Mr. Trump renewing his objection to the campaign speech excerpts in the event they are offered at trial. Unless otherwise ordered, those excerpts shall not be mentioned in opening statements. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/20/23) (yv)
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Filing 91
ORDER denying (147 in 20cv7311) Letter Motion to Consolidate Cases. The letter motion to consolidate these cases for trial, filed in the first captioned case as Dkt 14 7, is denied. The parties overestimate both the judicial economy benefits that would be achieved and the risk of inconsistent rulings that would be eliminated by consolidation. Issue preclusion appears to the Court adequate to achieve appropriate conservation of judicial resources and avoidance of inconsistent rulings even if the two cases were tried separately. Moreover, a trial in 20-cv-7311 conceivably could prove unnecessary. In addition, approval of the consolidation proposal would be in tension with the deference to the Second Circuit and the District of Columbia Court of Appeals that this Court believes appropriate in the circumstances. 2.The trial of 20-cv-7311, previously scheduled tentatively to begin on April 10, 2023, is adjourned sine die. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/20/23) (yv)
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Filing 90
DECLARATION of Alina Habba in Support re: #69 MOTION in Limine .. Document filed by Donald J. Trump. (Attachments: #1 Exhibit A - Joint Proposed Discovery Plan, #2 Exhibit B - Plaintiff's Initial Disclosures).(Habba, Alina)
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Filing 89
REPLY MEMORANDUM OF LAW in Support re: #69 MOTION in Limine . . Document filed by Donald J. Trump..(Habba, Alina)
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Filing 88
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #89 Reply Memorandum) - REPLY MEMORANDUM OF LAW in Support re: #69 MOTION in Limine . . Document filed by Donald J. Trump. (Habba, Alina) Modified on 3/17/2023 (db). As per ECF-ERROR Email Correspondence Received on 3/17/2023 @ 9:49am.
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Filing 87
DECLARATION of Roberta A. Kaplan in Support re: #72 MOTION in Limine .. Document filed by E. Jean Carroll. (Attachments: #1 Exhibit 1 - Trump's Initial Disclosures in Carroll II, #2 Exhibit 2 - Excerpts of Deposition of E. Jean Carroll in Carroll I, #3 Exhibit 3 - Excerpts of Deposition of Robert J. Fisher in Carroll II, #4 Exhibit 4 - Expert Report of Robert J. Fisher, #5 Exhibit 5 - Excerpts of Deposition of Robert J. Fisher in Carroll I).(Kaplan, Roberta)
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Filing 86
REPLY MEMORANDUM OF LAW in Support re: #72 MOTION in Limine . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 85
REPLY MEMORANDUM OF LAW in Support re: #66 MOTION for Partial Summary Judgment . . Document filed by Donald J. Trump..(Tacopina, Joseph)
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Filing 84
ORDER (Signed by Judge Lewis A. Kaplan on 3/11/2023) (Kaplan, Lewis)
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Filing 83
ORDER TO SHOW CAUSE Plainff and Defendant shall show cause as to why anonymous jury should not be used. Show Cause Response due by 3/17/2023. (Signed by Judge Lewis A. Kaplan on 3/11/2023) (Kaplan, Lewis)
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Filing 82
NOTICE OF APPEARANCE by Michael Ferrara on behalf of E. Jean Carroll..(Ferrara, Michael)
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Filing 81
DECLARATION of Roberta A. Kaplan in Opposition re: #66 MOTION for Partial Summary Judgment .. Document filed by E. Jean Carroll. (Attachments: #1 Exhibit 1 - Excerpts of Deposition of Donald J. Trump, #2 Exhibit 2 - October 12, 2022 Statement, #3 Exhibit 3 - Expert Report of Ashlee Humphreys, PhD).(Kaplan, Roberta)
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Filing 80
COUNTER STATEMENT TO #68 Rule 56.1 Statement. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 79
MEMORANDUM OF LAW in Opposition re: #66 MOTION for Partial Summary Judgment . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 78
DECLARATION of Shawn G. Crowley in Opposition re: #69 MOTION in Limine .. Document filed by E. Jean Carroll. (Attachments: #1 Exhibit 1 - Carroll's Initial Disclosures in Carroll II, #2 Exhibit 2 - Video of Natasha Stoynoff's Deposition, #3 Exhibit 3 - Video of Jessica Leeds' Deposition).(Crowley, Shawn)
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Filing 77
MEMORANDUM OF LAW in Opposition re: #69 MOTION in Limine . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 76
DECLARATION of Matthew G. DeOreo in Opposition re: #72 MOTION in Limine .. Document filed by Donald J. Trump. (Attachments: #1 Exhibit 1- Defendant's Memorandum of Law in support of his Motion In Limine in Carroll v Trump No. 1:20-cv-7311-LAK-JLC ("Carroll I"), #2 Exhibit 2 - February 16, 2023 Declaration of Alina Habba filed in support of Defendant's Motion in Liimine in Carroll I, #3 Exhibit 3 - Exhibit A to Habba Declaration, #4 Exhibit 4 - Exhibit B to Habba Declaration, #5 Exhibit 5 - Defendant's Memorandum of Law in opposition to Plaintiff's Motion in Limine in Carroll I, #6 Exhibit 6 - February 23, 2023 Declaration of Alina Habba filed in opposition to Plaintiff's Motion in Limine in Carroll I, #7 Exhibit 7 - Exhibit A to Habba Opposition Declaration, #8 Exhibit 8 - Exhibit B to Habba Opposition Declaration, #9 Exhibit 9 - Exhibit D to Habba Opposition Declaration, #10 Exhibit 10 - Exhibit E to Habba Opposition Declaration, #11 Exhibit 11 - Defendant's Memorandum of Law in further support of his Motion in Limine in Carroll I).(Tacopina, Joseph)
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Filing 75
MEMORANDUM OF LAW in Opposition re: #72 MOTION in Limine . . Document filed by Donald J. Trump..(Tacopina, Joseph)
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Filing 74
DECLARATION of Roberta A. Kaplan in Support re: #72 MOTION in Limine .. Document filed by E. Jean Carroll. (Attachments: #1 Exhibit 1 - Excerpts of Deposition of Robert J. Fisher, #2 Exhibit 2 - Expert Report of Robert J. Fisher, #3 Exhibit 3 - Expert Report of Ashlee Humphreys, PhD).(Kaplan, Roberta)
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Filing 73
MEMORANDUM OF LAW in Support re: #72 MOTION in Limine . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 72
MOTION in Limine . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 71
DECLARATION of Alina Habba in Support re: #69 MOTION in Limine .. Document filed by Donald J. Trump. (Attachments: #1 Exhibit A - Deposition of Natasha Stoynoff, #2 Exhibit B - Deposition of Jessica Leeds, #3 Exhibit C - Plaintiff's Second Supplemental Disclosure, #4 Exhibit D - Plaintiff's Third Supplemental Disclosure).(Habba, Alina)
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Filing 70
MEMORANDUM OF LAW in Support re: #69 MOTION in Limine . . Document filed by Donald J. Trump..(Habba, Alina)
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Filing 69
MOTION in Limine . Document filed by Donald J. Trump..(Habba, Alina)
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Filing 68
RULE 56.1 STATEMENT. Document filed by Donald J. Trump..(DeOreo, Matthew)
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Filing 67
MEMORANDUM OF LAW in Support re: #66 MOTION for Partial Summary Judgment . . Document filed by Donald J. Trump..(DeOreo, Matthew)
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Filing 66
MOTION for Partial Summary Judgment . Document filed by Donald J. Trump. (Attachments: #1 Affidavit Declaration of Matthew G. DeOreo, #2 Exhibit A: Carroll I Complaint, #3 Exhibit B: Carroll I Answer, #4 Exhibit C: Carroll II Complaint, #5 Exhibit D: Carroll II First Amended Answer, #6 Exhibit E: Transcript of Anderson Cooper Interview, #7 Exhibit F: Hill Article).(DeOreo, Matthew)
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Filing 65
PRETRIAL ORDER (Signed by Judge Lewis A. Kaplan on 2/21/2023) (Mohan, Andrew)
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Filing 64
Memo endorsed ORDER denying as moot #61 Letter Motion for Extension of Time. Motion denied as moot in light of the attached notification. (Signed by Judge Lewis A. Kaplan on 2/21/2023) (Mohan, Andrew) (Main Document 64 replaced on 2/21/2023) (Mohan, Andrew).
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Filing 63
LETTER REPLY to Response to Motion addressed to Judge Lewis A. Kaplan from Joseph Tacopina, Esq. dated February 21, 2023 re: #61 LETTER MOTION for Extension of Time to complete expert discovery addressed to Judge Lewis A. Kaplan from Joseph Tacopina, Esq. dated February 20, 2023. . Document filed by Donald J. Trump..(Tacopina, Joseph)
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Set Hearings: Teams Video Conference set for 2/21/2023 at 12:00 PM is cancelled. Memo endorsement regarding Docket Item 61 to follow.
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Filing 62
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated February 20, 2023 re: #61 LETTER MOTION for Extension of Time to complete expert discovery addressed to Judge Lewis A. Kaplan from Joseph Tacopina, Esq. dated February 20, 2023. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 61
LETTER MOTION for Extension of Time to complete expert discovery addressed to Judge Lewis A. Kaplan from Joseph Tacopina, Esq. dated February 20, 2023. Document filed by Donald J. Trump. (Attachments: #1 Exhibit A - email correspondence, #2 Exhibit B - letter from expert).(Tacopina, Joseph)
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Filing 60
PROPOSED PRE-TRIAL ORDER. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 59
ORDER granting in part and denying in part #57 Letter Motion for Discovery. Plaintiff's application is disposed of as follows: 1. Defendant has represented that "the scope of Plaintiff's IME will be... confined to the issues of whether Plaintiff was emotionally harmed by the alleged sexual assault, and if so, to what degree and whether she is pretending or exaggerating her injuries. The scope of the IME will not include an analysis as to whether the alleged sexual assault occurred in the first place." Dkt 58, at 3. Accordingly, plaintiff's first request for relief is denied as moot. 2. Plaintiff's second and third requests for relief are unjustified and hence denied. The Court assumes that defendant's expert will administer only psychological tests that are appropriate to the purpose of the examination. 3.The fourth and fifth requests for relief are granted. 4.The IME shall take place on Februaiy 21 and 22 at the offices of plaintiff's counsel. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/16/23) (yv)
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Filing 58
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated February 16, 2023 re: #57 LETTER MOTION for Discovery addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated February 15, 2023. . Document filed by Donald J. Trump..(DeOreo, Matthew)
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Filing 57
LETTER MOTION for Discovery addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan, dated February 15, 2023. Document filed by E. Jean Carroll. (Attachments: #1 Exhibit A - Email Correspondence re Experts, #2 Exhibit B - Email re Consent Form, #3 Exhibit C - Email re Recording, #4 Exhibit D - Proposed Consent Form, #5 Exhibit E - CV of Dr. Ian Lamoureux, #6 Exhibit F - Expert Report of Dr. Leslie Lebowitz, PhD).(Kaplan, Roberta)
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Filing 56
ORDER denying #51 Letter Motion for Discovery. Mr. Trump has offered no persuasive reason to relieve [him] of the consequences of [his] own failure to seek [the appendix] in a timely fashion. He has failed to demonstrate good cause to reopen discovery for the purpose of obtaining these pages of the DNA report. Nor is there any legitimate basis for this Court to accept Mr. Trumps offer to provide his DNA sample made contingent on the Court granting his application, which it does not. Accordingly, Mr. Trumps letter application (Dkt 51) is denied. (Signed by Judge Lewis A. Kaplan on 2/15/2023) (Mohan, Andrew)
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Filing 55
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/7/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 54
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/7/2023 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2023. Redacted Transcript Deadline set for 3/17/2023. Release of Transcript Restriction set for 5/15/2023..(McGuirk, Kelly)
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Filing 53
LETTER REPLY to Response to Motion addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 02/10/2023 re: #51 LETTER MOTION for Discovery addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 02/10/2023. . Document filed by Donald J. Trump..(DeOreo, Matthew)
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Filing 52
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated February 10, 2023 re: #51 LETTER MOTION for Discovery addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 02/10/2023. . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 51
LETTER MOTION for Discovery addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 02/10/2023. Document filed by Donald J. Trump. (Attachments: #1 Exhibit A: Discovery Request with DNA Report, #2 Exhibit B: Tweet by Plaintiff).(DeOreo, Matthew)
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Filing 50
AMENDED ANSWER to #1 Complaint with JURY DEMAND. Document filed by Donald J. Trump..(DeOreo, Matthew)
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Filing 49
AMENDMENT TO PRETRIAL AND SCHEDULING ORDER: The defendant has requested adjustments to the Pretrial and Scheduling Order (Dkt 19) (the "PSO"). The Court has conducted a pretrial and scheduling conference with counsel for both parties. Accordingly, Defendant's time to serve the report of Dr. Edgar Nace or any substitute expe1i in place of Dr. Nace is extended until February 28, 2023.(ii) All discovery of and with respect to Dr. Nace or any substitute expert in place of Dr. Nace shall be completed on or before March 14, 2023. (b) Notwithstanding the otherwise applicable February 23, 2023, March 9, 2023, aud March 16, 2023 deadlines to file motions in limine, oppositions to motions in limine, and replies in support of motions in limine, respectively, (i) Any motions in limine with respect to Dr. Nace or any substitute expert in place of Dr. Nace shall be filed on or before March 21, 2023. (ii) Any oppositions to motions in limine with respect to Dr. Nace or any substitute expert in place of Dr. Nace shall be filed on or before April 4, 2023. (iii) Any replies in support of the motions in limine with respect to Dr. Nace or any substitute expert in place of Dr. Nace shall be filed on or before April 11, 2023. (c) Trial will commence on April 25, 2023. The Court will resolve the question whether to consolidate or jointly try Carroll I with this case at a later date. And as set forth herein. SO ORDERED. Motions due by 3/21/2023. Responses due by 4/4/2023 Replies due by 4/11/2023. Discovery due by 3/14/2023. Ready for Trial by 4/25/2023. (Signed by Judge Lewis A. Kaplan on 2/07/2023) (ama)
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Filing 48
LETTER addressed to Judge Lewis A. Kaplan from Joseph Tacopina dated 2/06/2023 re: Response to today's letter submitted this morning by counsel for Plaintiff..(ama)
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Filing 47
LETTER addressed to Judge Lewis A. Kaplan from Robert A. Kaplan dated 2/06/2023 re: several scheduling issues. Document filed by Robert A. Kaplan.(ama)
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference held on 2/7/2023. (Court Reporter Alena Lynch) (Mohan, Andrew)
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Set Hearings regarding DI 46, a letter motion requesting a conference: Status Conference set for 2/7/2023 at 11:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)
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Filing 46
LETTER MOTION for Conference addressed to Judge Lewis A. Kaplan from Alina Habba dated 01/31/2023. Document filed by Donald J. Trump..(Habba, Alina)
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Filing 45
NOTICE OF APPEARANCE by Chad Derek Seigel on behalf of Donald J. Trump..(Seigel, Chad)
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Filing 44
NOTICE of Notice of Appearance by Chad Derek Seigel on behalf of Donald J. Trump. Document filed by Donald J. Trump..(DeOreo, Matthew)
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Filing 43
NOTICE OF APPEARANCE by Matthew G. DeOreo on behalf of Donald J. Trump..(DeOreo, Matthew)
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Filing 42
NOTICE OF APPEARANCE by Joseph Tacopina on behalf of Donald J. Trump..(Tacopina, Joseph)
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Filing 41
ANSWER to #1 Complaint with JURY DEMAND. Document filed by Donald J. Trump..(Habba, Alina)
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Filing 40
ORDER: Any application to adopt measures to prevent or minimize the risk of any events that could inappropriately influence jurors that may be empaneled in this case, as well as prospective jurors, whether by enpaneling the jury, anonymously or otherwise, shall be filed on or before February 7, 2023. Any response to such a motion shall be filed on or before February 14, 2023. Any reply in support thereof shall be filed on or before February 17, 2023. ( Motions due by 2/7/2023., Replies due by 2/17/2023., Responses due by 2/14/2023) (Signed by Judge Lewis A. Kaplan on 1/16/2023) (tro)
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Filing 39
ORDER UNSEALING FILED PORTION OF DEFENDANT'S DEPOSITION. Defendant's application (Dkt 36) is denied. The Clerk shall make the entirety of Dkt 16 available for unrestricted public access. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/13/23) (yv)
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Filing 38
Memorandum Opinion denying #20 Motion to Dismiss; denying as moot #22 Motion to Stay re: #20 MOTION to Dismiss ., #22 MOTION to Stay . (Signed by Judge Lewis A. Kaplan on 1/13/2023) (Mohan, Andrew)
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Filing 37
LETTER addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated January 12, 2023 re: response to Defendant's 1/12/23 letter re sealing (ECF 36). Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 36
LETTER addressed to Judge Lewis A. Kaplan from Michael Madaio dated 1/12/2023 re: Letter in Opposition to Motion to Seal. Document filed by Donald J. Trump..(Madaio, Michael)
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Filing 35
REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Stay . . Document filed by Donald J. Trump..(Habba, Alina)
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Filing 34
REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by Donald J. Trump..(Habba, Alina)
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Filing 33
ORDER granting #31 Motion for Trevor W. Morrison to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Trevor W. Morrison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27180128. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 32
ORDER The unsealing order dated today (Dkt 28) is vacated. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/9/2023) (jca)
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Filing 31
MOTION for Trevor W. Morrison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27180128. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by E. Jean Carroll. (Attachments: #1 Affidavit of Trevor W. Morrison, #2 Exhibit - Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice).(Morrison, Trevor)
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Filing 30
MEMO ENDORSEMENT on re: #29 Letter court order dated 1/9/2023 filed by Donald J. Trump. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/9/23) (yv)
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Filing 29
LETTER addressed to Judge Lewis A. Kaplan from Michael Madaio dated 1/9/2023 re: court order dated 1/9/2023. Document filed by Donald J. Trump..(Madaio, Michael)
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Filing 28
Vacated as per Judge's Order dated 1/9/2023, Doc. #32 ORDER UNSEALING PREVIOUSLY SEALED PORTION OF DEFENDANT'S DEPOSITION. The Clerk shall unseal all previously redacted portions of Exhibit B to the Proposed Case Management Plan (Dkt 15-2) and place them on the unrestricted public record. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/9/23) (yv) Modified on 1/9/2023 (yv). Modified on 1/10/2023 (jca).
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Filing 27
MEMORANDUM OF LAW in Opposition re: #22 MOTION to Stay . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss . . Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 25
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/21/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 24
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/21/2022 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/17/2023. Redacted Transcript Deadline set for 1/27/2023. Release of Transcript Restriction set for 3/27/2023..(McGuirk, Kelly)
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Filing 23
MEMORANDUM OF LAW in Support re: #22 MOTION to Stay . . Document filed by Donald J. Trump..(Habba, Alina)
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Filing 22
MOTION to Stay . Document filed by Donald J. Trump..(Habba, Alina)
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Filing 21
MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by Donald J. Trump..(Habba, Alina)
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Filing 20
MOTION to Dismiss . Document filed by Donald J. Trump..(Habba, Alina)
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Filing 19
PRETRIAL AND SCHEDULING ORDER: The Court has received a joint proposed discovery plan from and conducted a pretrial and scheduling conference with counsel for both parties. The following reflects the determinations made as a result of those consultations. No discovery taken in Carroll v. Trump, 20-cv-7311 (LAK) (hereinafter "Carroll I") shall be inadmissible in this action on the basis that it was taken in Carroll I and not in this action. Each of the parties may object to the admissibility in this action of discovery derived from Carroll I on any other independent basis and as further set forth in this Order. The following schedule shall govern further proceedings in this case: Motions due by 2/23/2023. Responses due by 3/9/2023 Replies due by 3/16/2023. Deposition due by 1/30/2023. Expert Discovery due by 2/6/2023. Pretrial Order due by 2/16/2023. The Court will resolve the question whether to consolidate or jointly try Carroll I with this case at a later date. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/21/22) (yv)
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Scheduling Conference held on 12/21/2022. (Court Reporter Andrew Walker) (Mohan, Andrew)
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Filing 18
PROTECTIVE AND CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/20/2022) (vfr)
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Filing 17
ORDER granting #14 Letter Motion to Seal. Granted without prejudice to any contention by plaintiff that sealing of the excerpts from defendant's deposition should not be sealed. (Signed by Judge Lewis A. Kaplan on 12/20/22) (yv)
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Filing 16
***SELECTED PARTIES***PROPOSED CASE MANAGEMENT PLAN. Document filed by E. Jean Carroll, Donald J. Trump. (Attachments: #1 Exhibit A - Discovery Completed in Carroll I, #2 Exhibit B - Excerpts of Depositions of Plaintiff and Defendant, #3 Exhibit C - Excerpts of Deposition of Plaintiff, #4 Exhibit D - [Proposed] Protective and Confidentiality Order) Motion or Order to File Under Seal: #14 .(Kaplan, Roberta)
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Filing 15
PROPOSED CASE MANAGEMENT PLAN. Document filed by E. Jean Carroll. (Attachments: #1 Exhibit A - Discovery Completed in Carroll I, #2 Exhibit B - Excerpts of Depositions of Plaintiff and Defendant, #3 Exhibit C - Excerpts of Deposition of Plaintiff, #4 Exhibit D - [Proposed] Protective and Confidentiality Order).(Kaplan, Roberta)
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Filing 14
LETTER MOTION to Seal Exhibit to Joint Proposed Discovery Plan addressed to Judge Lewis A. Kaplan from Roberta A. Kaplan dated December 19, 2022. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 13
ORDER. Counsel are advised that Shawn G. Crowley, Esq., who appears for the plaintiff in the first captioned case and for the defendant in the second, is a former law clerk to the undersigned. The undersigned co-officiated (with another judge) at the marriage of Ms. Crowley approximately seven years ago. (Signed by Judge Lewis A. Kaplan on 12/9/22) (yv)
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Filing 12
NOTICE OF APPEARANCE by Michael T Madaio on behalf of Donald J. Trump..(Madaio, Michael)
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Filing 11
NOTICE OF APPEARANCE by Alina Habba on behalf of Donald J. Trump..(Habba, Alina)
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Filing 10
ORDER, 1.The Court will hold a scheduling conference on December 21, 2022 in Courtroom 21B at 10:00 a.m. 2.On or before December 19, 2022, the parties shall submit a discovery plan containing the information required by Fed. R. Civ. P. 26(f) as well as the following: a.Any contention that any of the discovery taken in Carroll v. Trump, 20-cv-7311 (LAK) (Carroll I), is not admissible in this action and the basis, item-by-item, for that contention.b.A detailed statement of what specific discovery that was not conducted in Carroll I is needed for the prosecution or defense of this case and the basis for the contention that it is needed. c.The parties proposed scheduling orders for this case and the bases for their proposals.( Scheduling Conference set for 12/21/2022 at 10:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 12/2/2022) (Mohan, Andrew)
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Filing 9
SUMMONS RETURNED EXECUTED Summons and Complaint served. Donald J. Trump served on 11/30/2022, answer due 12/21/2022. Service was accepted by "John Doe" (Refused Name). Document filed by E. Jean Carroll..(Kaplan, Roberta)
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NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Unassigned is no longer assigned to the case. (laq)
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CASE ACCEPTED AS RELATED. Create association to 1:20-cv-07311-LAK. Notice of Assignment to follow. (laq)
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Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (laq)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Donald J. Trump..(pc)
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Case Designated ECF. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)
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CASE REFERRED TO Judge Lewis A. Kaplan as possibly related to 20cv7311. (pc)
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Filing 7
NOTICE OF APPEARANCE by Matthew J. Craig on behalf of E. Jean Carroll..(Craig, Matthew)
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Filing 6
NOTICE OF APPEARANCE by Joshua Adam Matz on behalf of E. Jean Carroll..(Matz, Joshua)
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Filing 5
NOTICE OF APPEARANCE by Shawn Geovjian Crowley on behalf of E. Jean Carroll..(Crowley, Shawn)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: #1 Complaint. Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-7311 (LAK). Document filed by E. Jean Carroll..(Kaplan, Roberta)
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Filing 2
CIVIL COVER SHEET filed..(Kaplan, Roberta)
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Filing 1
COMPLAINT against Donald J. Trump. (Filing Fee $ 402.00, Receipt Number ANYSDC-27003355)Document filed by E. Jean Carroll..(Kaplan, Roberta)
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