In
SDNY Seven Civil Cases In An
Hour FSLA and ADA Diners and
Predatory Lenders But No
Almaty
By Matthew
Russell Lee
SDNY COURTHOUSE,
April 12 – As a series of
defendants were sentenced to
60 and then 120 months in
prison the other side of the U.S.
District Court
for the
Southern District of
New York was on
display on
April 12 when
SDNY Judge Alison
Nathan
processed
seven civil cases
in an hour on
matters of
discovery and
mediation.
First up was
Spear
Pharmaceuticals
v Mylan
Pharmaceuticals,
with each side
thinking that
documents from
Bauch will
support it. It
was assigned
to Magistrate
Judge Sarah
Netburn, who
spent the week
processing
indictees from
alleged
murders to
doctors
accused of Oxy
manslaughter
now driving
Uber. The next
case was
assigned to
fellow
Magistrate
Barbara Moses.
Then the ADA
case against
Spice Corner
236, with the
same
plaintiffs'
attorney a
moment later
suing 326
Restaurant
Corp. There
was FSLA
against THree
Star Diner and
the predators
at
Pay-O-Matic.
But on the
listed case of
City of Almaty
v Ablyasov,
there was
nothing... Inner City Press will
continue to cover such
cases.
Earlier
on April 12 in corporate
litigation that got other
media coverage, lawyers for
Woody Allen believe the
decision by Amazon to cancel
his four picture deal may go
all the way up to Jeff Bezos
and they may seek to depose
Bezos, they told SDNY
Judge Denise
Cote on April
12. Amazon,
represented by
a single
lawyer, said
that Allen's
comments
against the Me
Too movement
broke an
"implied covenant"
and
represented
"frustration
of purpose."
Allen was
quoted that
the Movement
should not be
permitted to
become a witch
hunt.
Judge
Cote was
setting up a
schedule for
summary judgment
motions when
it emerged
that the
contract precludes
a jury trial.
And so she set
her own
bench trial
for February
2020,
contingent on
the
results of
private
mediation the
parties said
they are beginning.
Amazon's lone
lawyer
declined to
speak to the
press
afterward.
Inside, he
emphasized
that beyond "A
Rainy Day in
New York"
which is
already in the
can, the other
three films
are proceeding
with third
party
financing,
mitigating
damages. The
case is
Gravier
Productions et
al. v. Amazon
Content
Services LLC
et al.,
19-cv-1169
(DLC).
The
Woody Allen
and Gravier
Productions
lawyers, in
the elevator,
wondered at
the "Ghana
fraudster"
sentencing
Inner City
Press has been
covering in
Judge Cote's
courtroom
before their
intial pre
trial
conference.
Was it Federal
because the
amount in
controversy
was over
$75,000? No,
because it was
a conspiracy,
including
emailed
romance scams.
Inner City
Press
recounted
Judge Cote's
apparent anger
at such a
scam. Relevant
to this case?
Or was Judge
Cote's comment
welcoming the
female
attorney as
the one who
actually does
the work a
sign of things
to come? We'll
continue to
follow these
cases. It was
noted that
Bezos will be
at the SDNY to
speak with the
U.S.
Attorney's
Office. We'll
have more on
this.
Back on April
4 a long time
petty criminal
was brought
shackled into
SDNY
Magistrate's
court, after
serving three
years in state
penitentiary
for stealing
appliances
from a
department
store. This
was deemed a
violation of
supervised
release, and
the Assistant
US Attorney
argued for no
bail. But
Stanley Bamber
was born in
Newark and
still has
family in New
Jersey. He
could live
with his
brother, his
assigned
lawyer argued,
pending
arguments
before SDNY
Judge Alison
Nathan,
occupied the
same day with
Elon Musk. It
was finally agreed that
if Probation
approves and radio
frequency
electronic
monitoring is in
place, the 60
year old
Bambury may
see the light
of day. Between
1976 and 2000,
the prosecutor
said, Bamber
was charged
with crimes
35 times. His
was the last case of
the day; in
the elevator
Inner City
Press asked
the AUSA
about his
record and got
a Have a good
night. Okay
then - just
another day in
the SDNY. Johnny
Morgan is suing
the United
States for a
rectal search he endured
in the
Metropolitan
Correctional
Center at 150
Park Row,
right next to
the SDNY. On
April 4 before
SDNY
Magistrate Judge Debra
Freeman, the
government
presented an
expert Roy
Lubit who said
that Morgan is
a "malingerer" and blamed
his pain on
abuse suffered
earlier at the
hand of
his own mother. But
even
government
expert Lubit
said that the
rectal entry
should not
have happened.
It is,
in fact, an outrage.
Inner City
Press was the
only media in
the smallish courtroom,
compared to
dozens of
reporters two
hours later
for Elon Musk.
While some
might question
taxpayer money
going to pay damages for
what happened
to Mr. Morgan,
what about
public money
for an expert
witness to
insult the
torturee?
We'll have
more on this.
The
Federal
Defenders
scored a big
win in a
misdemeanor
proceeding
that only
Inner City
Press attended
and covered on
April 2. They
defeated the
U.S.
Attorney's Office
which argued
that the
simple assault
they agreed to
on a dispute
on a cruise
ship required
allocution to
actual
physical
conflict.
There was case law on
the Federal
Defenders'
side, and a
plea to making
a threat on
the cruise
ship - in
"international
waters" -- was
found
sufficient.
The case was United
States v.
Batista, 18
Cr. 730 (NRB). The
Federal
Defenders
lawyer was
Sabrina P.
Shroff, whom
Inner City
Press has
previously
covered in the
UN bribery
cases of
Patrick Ho
(new Hong
Kong documentary
here),
getting
bail for Cheikh Gadio, and
of Ng Lap
Seng,
representing
hapless Jeff Yin.
***
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