Biotech Big Shot Who Sued
Boston Globe STAT For Sexual Harassment Story
Is Rebuffed In SDNY
By Matthew
Russell Lee, Exclusive
Patreon
SDNY COURTHOUSE,
Oct 18 – Biotech
hedge funder
Sam Isaly was
described as a
sexual
harasser in a
December 5,
2017 articles
on the Boston
Globe's STAT
website. He
sued, and in a
nearly
empty Magistrate
Judge's
courtroom on
October 18,
2019 his request
for discovery
was stayed.
U.S.
District Court
for the Southern
District of
New York Magistrate Judge
Gabriel W. Gorenstein said
in an order
decision with
Isaly one of
three people
in the
gallery,
including
Inner City
Press, that he
didn't find
that the
author, Damian
Garde, had
shown the
requisite
irresponsibility.
The case is Isaly
v. Boston Globe,
18-cv-9620.
Isaly,
in a wheelchair,
sat impassive. The
two sides
lawyers when
asked if there was
any more
business for
this Friday
afternoon said
No. The
article is
still online,
here.
Meanwhile
in the SDNY
court as Inner
City Press
works to
report
truthfully and
in real time on
proceedings like this
week's sentencing
in the gang
case involving
rapper Tekashi
6ix9ine, it runs
into push-back
and even a so far
no due process
incident
report, here.
We'll have
more on this.
Previously
before Judge
Gorenstein:
Barnes
& Noble is
being sued by
Demos
Parneros, the
CEO it fired
while saying
he violated
company
policy. In a
September 13
proceeding
with Inner
City Press the
only media
present, the
issue of
alleged sexual
harassment "in this age
of #MeToo"
came to the
fore along
with ancillary
legal issues
before Judge
Gorenstein.
Parneros' lawyers
from Vladeck,
Raskin &
Clark had
conducted a deposition
in Kansas
only the day
before. They are
seeking access
to B&N
document the
latter claims
are covered by
attorney
client
privilege.
Judge Gorenstein
was his usual
erudite
self. It was
difficult not
to note that
while all four
lawyers at the
counsel tables
were women,
both of Judge
Gorenstein's law clerks
present were
male. More on
Patreon here.
Back in
August before
Magistrate
Judge Gorenstein
an
Italian man
who pleaded
guilty to
possession of
GHB and GHL in
2002, Marco
Pievana, was
eighteen years
later on
August 21
allowed to
withdraw his guilty
plea by
Judge Gorenstein.
The
status
conference in
the old case
was set for 10
am. Inner City
Press got
there at 10:02
by which time
Judge Gorenstein
was saying, I
grant the
motion to
withdraw the
guilty plea.
What next?
The Assistant
US Attorney, listed on
the docket as
Kedar Sanjay
Bhatia, asked
Judge
Gorenstein for
three weeks to
discuss
the case with
Pievani's
lawyers, four
of whom were in
the otherwise
empty
courtroom.
Inner City
Press was alone
in the gallery
of Magistrate
Judge
Gorenstein's
courtroom tucked
away on the
6th floor of
500 Pearl
Street across
from the Clerk
of Court.
Judge
Gorenstein
said fine, and
picked
September
11. He asked, Do
we even need a
conference? Or
can you just
sent me a
letter.
We'll send a
letter, the AUSA
said. Do all
defendants
with immigration
issues get
treated this
way? What
explains this?
Watch this
site.
For
background, it
is called the
writ of error
coram nobis,
and Judge
Gorenstein has
signaled he
will grant it.
In an earlier
hearing on the
matter Judge Gorenstein
said, "I'm not
adverse to
doing something
that's within
the bounds
of the law. So
if you can put
that together
I'll look at
it." The case
is US v.
Marco Pievani,
02-cr-389
(GWG).
The 2002
guilty plea
left Pievani
vulnerable to
deportation,
something that
happens to
less affluent,
or less well
represented,
defendants
every day in
the SDNY.
Represented by
Ellen M.
Murphy of the
Orrick law
firm, Pievani
now has
a hearing
scheduled for
August 21,
even as Judge
Gorenstein
is presiding
over the SDNY
Magistrates
Court.
While
many even most
cases in the
Magistrates
Court of the U.S.
District Court
for the
Southern
District of
New York are
sealed or have
case numbers
given only
later, on August
20
before
Magistrate
Judge Gabriel
W. Gorenstein
a man was
presented and
released
with no case
number being
given.
His name
was pronounced
Christopher
Ansa,
charged with
among other
things
exporting
stolen motor
vehicles.
The Assistant US
Attorney said
he had a
passport from
Ghana
and asked for
location
monitoring.
Judge
Gorenstein
said the US
had not met
its burden and
said he gave
then ten to fifteen
minutes to
come to an
agreement.
Inner
City Press
stepped out of
the Magistrates
Courtroom to
try to look
into the case.
Going back in
10 minutes
later it was
all over - Mr
Ansa still in
a flannel
shirt was
being
released. In
the front
Judge
Gorenstein was
wheeling out a
case, to Judge
Engelmayer.
For this one,
the spelling
was given: US
v. Michael
Massaro. Judge
Gorenstein
asked the
after-hours
Court Security
Officer if he
knew how to
turn off the
lights,
because he and
his Deputy
were leaving.
Lights Out.
O
***
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