| In Carroll v
Trump Trial Set for April 10 Rulings on
New NY Adult Survivors Act Case Deferred
By Matthew
Russell Lee, Patreon ASA
Filing
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Nov 29 – In case of E. Jean
Carroll v Trump, on September
27, 2022, a three-judge panel
of the Second Circuit Court of
Appeals ruled to reverse the
District Court’s holding that
the President of the United
States is not an employee of
the government under the
Westfall Act Full
decision(s) here.
On September 28
Trump's lawyer Alina Habba
wrote to Judge Kaplan asking
that he change the caption of
the case - and stay it. She
argued, "the DC Court of
Appeals forthcoming ruling
will be case-dispositive and,
therefore, it would be highly
prejudicial and inequitable
for Defendant to engage in
time consuming and expensive
pre-trial preparation."
On October 3
after Carroll argued that the
"Second Circuit's ruling
changed hardly anything,"
Habba wrote in a again,
calling his "asinine and
manifestly false."
On October 6, the
lawyers called in from Kansas
during the deposition of
Stephanie Grisham who was on
painkillers due to a broken
foot. Judge Kaplan inquired,
then said the deposition
should go forward.
On October 7,
after a full day presiding
over Anthony Rapp v. Kevin
Spacey, Judge Kaplan told the
parties that he will rule soon
but there is no stay on
discovery and they are to meet
all their responsibilities and
commitments.
On October 12,
while presiding over the
Anthony Rapp v. Kevin Spacey
trial, Judge Lewis A. Kaplan
issued an order formally
denying any stay of discovery,
which Inner City Press has put
on its DocumentCloud here.
Later this came
in: "Statement by Donald J.
Trump, 45th President of the
United States of America
This “Ms. Bergdorf Goodman”
case is a complete con job,
and our legal system in this
Country, but especially in New
York State (just look at
Peekaboo James), is a broken
disgrace. You have to fight
for years, and spend a
fortune, in order to get your
reputation back from liars,
cheaters, and hacks. This
decision is from the Judge who
was just overturned on my same
case. I don’t know this woman,
have no idea who she is, other
than it seems she got a
picture of me many years ago,
with her husband, shaking my
hand on a reception line at a
celebrity charity event. She
completely made up a story
that I met her at the doors of
this crowded New York City
Department Store and, within
minutes, “swooned” her. It is
a Hoax and a lie, just like
all the other Hoaxes that have
been played on me for the past
seven years. And, while I am
not supposed to say it, I
will. This woman is not my
type! She has no idea what
day, what week, what month,
what year, or what decade this
so-called “event” supposedly
took place. The reason she
doesn’t know is because it
never happened, and she
doesn’t want to get caught up
with details or facts that can
be proven wrong. If you watch
Anderson Cooper’s interview
with her, where she was
promoting a really crummy
book, you will see that it is
a complete Scam. She changed
her story from beginning to
end, after the commercial
break, to suit the purposes of
CNN and Anderson Cooper. Our
Justice System is broken along
with almost everything else in
our Country. Her lawyer is a
political operative and Cuomo
crony who goes around telling
people that the way to beat
Trump is to sue him all over
the place. She is suing me on
numerous frivolous cases, just
like this one, and the court
system does nothing to stop
it. In the meantime, and for
the record, E. Jean Carroll is
not telling the truth, is a
woman who I had nothing to do
with, didn’t know, and would
have no interest in knowing
her if I ever had the chance.
Now all I have to do is go
through years more of legal
nonsense in order to clear my
name of her and her lawyer’s
phony attacks on me. This can
only happen to “Trump”!
On November 29,
Judge Kaplen set the trial for
April 10, 2023: "ORDER re:
Plaintiffs consent letter
motion (Dkt 97), as
supplemented (Dkt 98), is
granted to the extent that (1)
the trial of this action is
postponed until April 10,
2023, and (2) the Court
adopts, for this action only,
the proposed schedule for in
limine motions and exchange of
premarked exhibits. Except as
modified by the preceding
sentence, the scheduling and
supplemental scheduling orders
(Dkt 76, Dkt 77) remain in
effect. Insofar as plaintiffs
motion, as supplemented,
relates to the subsequently
filed action Carroll v Trump,
22-cv-10016 (LAK), the Court
does not now make any rulings.
(Signed by Judge Lewis A.
Kaplan on 11/29/2022)."
That new case,
under the NYS ASA, Inner City
Press has put the complaint on
Patreon here.
Back on February
22, 2022, Trump's lawyers
argued to amend their
complaint to include new
provisions of NYS' anti-SLAPP
law. Judge Kaplan heard and
spoke to the arguments; Inner
City Press live tweeted here
and below.
On
September 20, suddenly
docketed in the case are
letters from Carroll's counsel
dated August 8, stating that
she wants to depose Trump as
well as sue under NYS' Adult
Survivors Act as soon as
possible (November 24,
2022). Letter on Patreon
here.
The NYS Adult
Survivors Act is N.Y. C.P.L.R.
Section 214-j.
The case is
(still) named Carroll
v. Trump, 20-cv-7311
(Kaplan).
Then:
***
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