In Prince
Andrew Case Giuffre Pursues Discovery Into
BBC Alibis Now Judge Allows
By Matthew
Russell Lee, Patreon Podcast Vlog
BBC
- Guardian
UK - Honduras
- ESPN
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. Full
filing here.
On December 31
Judge Kaplan denied Prince
Andrew's motion, photo of
order here.
So it's on. 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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