Bensky et al v. Indyke et al
| Danielle Bensky and Jane Doe 3 |
| Darren K. Indyke and Richard D. Kahn |
| 1:2024cv01204 |
| February 16, 2024 |
| US District Court for the Southern District of New York |
| Arun Subramanian |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 40 ***SELECTED PARTIES***AFFIRMATION of Daniel H. Weiner in Support re: #38 MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11.. Document filed by Darren K. Indyke, Danielle Bensky, Jane Doe 3, Richard D. Kahn. (Attachments: #1 Exhibit 1 - Motion to Establish EVCP, #2 Exhibit 2 - Excerpts from Hearing Transcript, #3 Exhibit 3 - Order Establishing EVCP, #4 Exhibit 4 - EVCP Final Protocol, #5 Exhibit 5 - Signed Bensky Release, #6 Exhibit 6 - March 26 Email, #7 Exhibit 7 - March 28 Email, #8 Exhibit 8 - April 3 Email, #9 Exhibit 9 - April 7 Email, #10 Exhibit 10 - January 5 Letter, #11 Exhibit 11 - March 18 Letter to Boies and McCawley, #12 Exhibit 12 - Letters Testamentary)Motion or Order to File Under Seal: #37 .(Weiner, Daniel) |
| Filing 39 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #38 MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11. . Document filed by Richard D. Kahn, Darren K. Indyke, Danielle Bensky, Jane Doe 3. Motion or Order to File Under Seal: #37 .(Weiner, Daniel) |
| Filing 38 ***SELECTED PARTIES*** MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11. Document filed by Richard D. Kahn, Darren K. Indyke, Danielle Bensky, Jane Doe 3.Motion or Order to File Under Seal: #37 .(Weiner, Daniel) |
| Filing 37 LETTER MOTION to Seal addressed to Judge Arun Subramanian from Daniel H. Weiner dated April 9, 2024. Document filed by Darren K. Indyke..(Weiner, Daniel) |
| Filing 36 MEMORANDUM OF LAW in Support re: #35 MOTION to Stay Discovery. . Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel) |
| Filing 35 MOTION to Stay Discovery. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel) |
| Filing 34 AFFIRMATION of Daniel H. Weiner in Support re: #32 MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11.. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: #1 Exhibit 1 - Motion to Establish EVCP, #2 Exhibit 2 - Excerpts from Hearing Transcript, #3 Exhibit 3 - Order Establishing EVCP, #4 Exhibit 4 - EVCP Final Protocol, #5 Exhibit 5 - Signed Bensky Release [REDACTED], #6 Exhibit 6 - March 26 Email, #7 Exhibit 7 - March 28 Email, #8 Exhibit 8 - April 3 Email, #9 Exhibit 9 - April 7 Email, #10 Exhibit 10 - January 5 Letter [REDACTED], #11 Exhibit 11 - March 18 Letter to Boies and McCawley, #12 Exhibit 12 - Letters Testamentary).(Weiner, Daniel) |
| Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11. [REDACTED]. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel) |
| Filing 32 MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel) |
| Filing 31 DECLARATION of Daniel S. Ruzumna in Support re: #29 MOTION to Dismiss or Strike.. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: #1 Exhibit A - Redacted General Release, #2 Exhibit B - General Release and Settlement Agreement, #3 Exhibit C - Subpoena, #4 Exhibit D - Subpoena, #5 Exhibit E - E-Mail to Counsel, #6 Exhibit F - Minute Entry).(Ruzumna, Daniel) |
| Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss or Strike. . Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel) |
| Filing 29 MOTION to Dismiss or Strike. Document filed by Darren K. Indyke, Richard D. Kahn. (Attachments: #1 Exhibit 1 - Chart Pursuant to Individual Rule 8.G).(Ruzumna, Daniel) |
Filing 28
ORDER granting #27 Letter Motion for Leave to File Document. Application granted. The Clerk of Court is directed to terminate the motion at Dkt. 27. SO ORDERED. (Signed by Judge Arun Subramanian on 3/26/2024) (vfr)
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| Filing 27 LETTER MOTION for Leave to File a one 30-page memorandum in support of an omnibus motion to dismiss addressed to Judge Arun Subramanian from Daniel Ruzumna dated March 25, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Ruzumna, Daniel) |
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time. Application granted. The Clerk of Court is directed to terminate the motion at Dkt. 25. SO ORDERED. (Signed by Judge Arun Subramanian on 3/21/2024) (vfr)
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| Filing 25 LETTER MOTION for Extension of Time addressed to Judge Arun Subramanian from Daniel H. Weiner, dated March 20, 2024. Document filed by Darren K. Indyke, Richard D. Kahn..(Weiner, Daniel) |
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Filing 24
MEMO ENDORSEMENT on re: #23 Letter filed by Danielle Bensky, Jane Doe 3. ENDORSEMENT: Application granted. SO ORDERED. ( Motions due by 4/8/2024., Replies due by 6/12/2024., Responses due by 5/23/2024) (Signed by Judge Arun Subramanian on 3/5/2024) (vfr)
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| Filing 23 JOINT LETTER addressed to Judge Arun Subramanian from David Boies dated March 4, 2024 re: Briefing Schedule for Motion to Dismiss. Document filed by Danielle Bensky, Jane Doe 3. (Attachments: #1 Exhibit A-Stipulation to Service).(Boies, David) |
| Filing 22 NOTICE of Proof of Distribution of Notice of Initial Pretrial Conference and the Court's Individual Practices to Defendants' counsel re: #15 Order for Initial Pretrial Conference,,,. Document filed by Danielle Bensky, Jane Doe 3..(Boies, David) |
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Filing 21
PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. and as set forth herein. SO ORDERED. (Signed by Judge Arun Subramanian on 2/29/2024) (ama)
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| Filing 20 PROPOSED PROTECTIVE ORDER. Document filed by Danielle Bensky, Jane Doe 3..(Boies, David) |
| Filing 19 NOTICE OF APPEARANCE by Marc Alan Weinstein on behalf of Darren K. Indyke..(Weinstein, Marc) |
| Filing 18 NOTICE OF APPEARANCE by Daniel Haym Weiner on behalf of Darren K. Indyke..(Weiner, Daniel) |
| Filing 17 NOTICE OF APPEARANCE by Tara Norris on behalf of Richard D. Kahn..(Norris, Tara) |
| Filing 16 NOTICE OF APPEARANCE by Daniel Seth Ruzumna on behalf of Richard D. Kahn..(Ruzumna, Daniel) |
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Filing 15
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on May 30, 2024 at 11:00 AM. The conference will be in Courtroom 15A of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as Lead Trial Counsel. As further set forth by this Order. SO ORDERED. Initial Conference set for 5/30/2024 at 11:00 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian. (Signed by Judge Arun Subramanian on 2/26/2024) (tg)
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to Richard D. Kahn. (vf) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Darren K. Indyke. (vf) |
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Filing 12
ORDER granting in part #9 MOTION for Leave to Proceed Anonymously re: #1 Complaint. Upon the motion of Plaintiff Jane Doe 3 for an order permitting her to proceed under pseudonym, it is hereby ORDERED that Plaintiff's ex parte motion is GRANTED IN PART. Plaintiff Jane Doe 3 is permitted to proceed under pseudonym until such time as the Court orders her name to be disclosed. The Court reserves the right to modify this Order as the case progresses. If defendants oppose this order, they may indicate their opposition to the Court within 30 days of service. The Clerk of Court is directed to terminate the motion at Dkt. 9. SO ORDERED. (Signed by Judge Arun Subramanian on 2/23/2024) (vfr)
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| Filing 11 PROPOSED ORDER. Document filed by Danielle Bensky, Jane Doe 3. Related Document Number: #9 ..(Boies, David) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION for Leave to Proceed Anonymously re: #1 Complaint . . Document filed by Danielle Bensky, Jane Doe 3..(Boies, David) |
| Filing 9 MOTION for Leave to Proceed Anonymously re: #1 Complaint . Document filed by Danielle Bensky, Jane Doe 3..(Boies, David) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #11 Proposed Order was reviewed and approved as to form. (tp) |
| ***DELETED DOCUMENT. Deleted document number [6 and 7] ELECTRONIC SUMMONS ISSUED. The document was incorrectly filed in this case. Permission to file case under a pseudonym was not granted. (gp) |
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Filing 8
ORDER: Plaintiff Jane Doe 3 filed this case under a pseudonym without getting this Court's leave to do so. By February 23, 2024, plaintiffs should move for leave to proceed under a pseudonym. SO ORDERED. ( Motions due by 2/23/2024.) (Signed by Judge Arun Subramanian on 2/20/2024) (vfr)
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| Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:22-cv-10018 (JSR). Document filed by Danielle Bensky, Jane Doe 3..(Boies, David) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Richard D. Kahn, re: #1 Complaint. Document filed by Danielle Bensky, Jane Doe 3..(Boies, David) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Darren K. Indyke, re: #1 Complaint. Document filed by Danielle Bensky, Jane Doe 3..(Boies, David) |
| Filing 2 CIVIL COVER SHEET filed..(Boies, David) |
| Filing 1 COMPLAINT against Darren K. Indyke, Richard D. Kahn. (Filing Fee $ 405.00, Receipt Number ANYSDC-28961212)Document filed by Danielle Bensky, Jane Doe 3..(Boies, David) |
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