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By Matthew Russell Lee, Patreon Podcast Vlog
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SDNY COURTHOUSE, Dec 30 –  Prince Andrew was sued on August 9 by Virginia Giuffre, under the New York State Child Victims Act, in the U.S. District Court for the Southern District of New York (where Inner City Press found it that day in the docket).  

 On September 13, a proceeding before SDNY Judge Lewis A. Kaplan largely about service of process, but also the settlement agreement the sealing of which is being challenged before SDNY Judge Loretta Preska. Inner City Press live tweeted the September 13 proceeding, here and below (podcast here)

 On December 30 Giuffre's counsel opposed Prince Andrew's motion to stay discovery, stating that "based on his discovery responses, Prince Andrew has apparently already determined that he has no documents that would be responsive to the majority of Plaintiff’s requests.  If Prince Andrew truly has no documents concerning his communications with Maxwell or Epstein, his travel to Florida, New York, or various locations in London, his alleged medical inability to sweat, or anything that would support the alibis he gave during his BBC interview, then continuing with discovery will not be burdensome to him at all. Third, granting Defendant’s motion for a stay would unfairly prejudice Plaintiff, who has worked diligently to comply with her own discovery obligations to date, and who has had to expend considerable resources combating Defendant’s dilatory conduct, including his weeks-long attempt to evade service under the Hague Convention. Defendant’s conduct in this litigation belies his newfound concern for “significant legal fees and expenses in connection with full-blown discovery.” See Mot. at 4.

All of Defendant’s “recently discovered evidence” was available to him at the time Plaintiff filed suit, yet he failed to raise these issues in the parties’ conversations or with the Court during prior conferences. Defendant also elected not to raise this issue before consenting to a Scheduling Order that allows amendments only for “good cause not foreseeable” (Dkt. 27 ¶ 9), or anywhere in his 30-page motion to dismiss (Dkt. 31). Defendant instead filed this motion 54 days after Plaintiff served discovery requests and 34 days after he served his own, during which time Plaintiff has undertaken substantial efforts to respond." Full filing here. Watch this site.

 On December 29, as the US v. Ghislaine Maxwell jury continued to deliberate, this order was entered, to unclear on January 3 the Epstein - Giuffre settlement agreement: "ORDER. The Clerk, on or about January 3, 2022, shall unseal the Document. Specifically, the Court shall unseal and place on the public record Dkt. 334-1 in No. 19-cv-3377 and Dkt. 32-1 in No. 21-6702. SO ORDERED. (Signed by Judge Loretta A. Preska and Judge Lewis A. Kaplan on 12/29/21) (yv) Transmission to Sealed Records Clerk for processing." But will the Maxwell jury still be deliberating on January 3? Watch this site.

  On December 28 Prince Andrew's lawyer contested jurisdiction of the court in a filing showing Giuffre's Colorado voter's registration and record, asking that the case by stayed until Giuffre can be deposed for two hours. Contesting jurisdiction is one thing - and filing a person's phone number and voting records is quiet another. Watch this site.

  On December 14, Judges Kaplan and Preska together signed an order setting a timeline and process for releasing the Epstein settlement agreement with Virginia Roberts Giuffre: "In the absence of a showing, on or before December 22, 2021, of good cause by a party to either of these actions or by a duly authorized executor, administrator, or other representative of the Estate Mr. Epstein, the Court will file the entire Document on the public record on or about January 3, 2022. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/14/21)." Full document on Patreon here.

 On November 3 in a routine proceeding Judge Kaplan issued a supplemental scheduling order that "any requests for letters rogatory or letters of request, and any notices pursuant to Fed. R. Civ. P. 44.1, shall be filed no later than December 15, 2021.

Opposition and reply papers with respect to defendant's pending motion to dismiss the complaint shall be filed by 11/29/2021. Reply due by 12/13/2021. (Signed by Judge Lewis A. Kaplan on 11/3/21)."

On November 26, the day after Thanksgiving, Giuffre's lawyers asked Judge Kaplan for permission to file under seal not only Giuffre's 2009 settlement agreement with Epstein, but only the 2020 settlement with the Epstein Victims' Competition Fund, or least the amount and "the names of nonparties that Plaintiff did not release." Ghislaine Maxwell and her collaborators? Full letter on Patreon here.
 Watch this site.

On October 6, Judge Preska so-ordered the release of the Epstein deal to Prince Andrew. The request from David Boies (who also represented Harvey Weinstein, and Elizabeth Holmes of Theranos): "We write in our capacity as counsel to Plaintiff Virginia Giuffre in Giuffre v. Prince  Andrew, Duke of York, 1:21-cv-06702-LAK, pending before Judge Lewis Kaplan, to follow up on  our letter dated September 23, 2021. ECF No. 344. Jeffrey Epstein’s Estate has now consented  to Ms. Giuffre providing a copy of the confidential agreement at issue to Prince Andrew. We  thus request permission from the Court pursuant to this Court’s Protective Order to furnish a  copy of the release to Prince Andrew’s counsel."

On October 25, Judge Kaplan set a (long) schedule for Giuffre v. Prince Andrew: "CONSENT SCHEDULING ORDER: It is hereby ORDERED as follows: Amended Pleadings due by 12/15/2021. Joinder of Parties due by 12/15/2021. Deposition due by 7/14/2022. Discovery due by 7/14/2022. Pretrial Order due by 7/28/2022. (Signed by Judge Lewis A. Kaplan on 10/25/21)."  Watch this site.

On September 24 Prince Andrew's lawyer Andrew B. Brettler signed an agreement that Andrew "will not challenge service of process."

On September 28 Judge Kaplan docketed this: "ORDER RE SCHEDULING AND PRETRIAL CONFERENCE, It is hereby, ORDERED as follows: Counsel for both parties promptly shall confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six (6) months from the date of this order, counsel shall sign and file within twenty-one (21) days from the date hereof a consent order in the form previously attached to Dkt. 7 for consideration by the Court. If counsel are unable to agree on such a scheduling order, plaintiff and defendant each shall file with the Court, on or before October 22, 2021, a letter setting forth that party's proposed schedule, the rationale for its proposal and any objections to its adversary's proposal, and a description of the discovery that it proposes to conduct, including proposed depositions. 2. Regardless of whether a proposed consent scheduling order is filed on or before October 22, 2021, a video or teleconference will be held on November 3, 2021 at 11 a.m., Eastern Daylight Time." Watch this site.

On the evening of September 16, Judge Kaplan approved Guiffre's motion for alternative service. Game on.

There's the famous photo, with Prince Andrew with his arm around Giuffe's waist and Maxwell in the background.   The first cause of action is Battery.

Then, Intentional Infliction of Emotional Distress, and damages. Inner City Press will follow and report on the case. 

The case is Giuffre v. Prince Andrew, 21-cv-6702 (Kaplan). 

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