| In Carroll v
Trump Evidence Not In Case II But
Defendant Deposition Ordered Unsealed then
3 Days
By Matthew
Russell Lee, Patreon ASA
Filing
SDNY COURTHOUSE,
Jan 9 – 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 January 9,
2023, Judge Kaplan entered an
"ORDER UNSEALING PREVIOUSLY
SEALED PORTION OF DEFENDANT'S
DEPOSITION. The Clerk shall
unseal all previously redacted
portions of Exhibit B to the
Proposed Case Management Plan
(Dkt 15-2) and place them on
the unestricted public record.
SO ORDERED. (Signed by Judge
Lewis A. Kaplan on 1/9/23)."
The Habba
firm immediately wrote in
requesting three days, which
it has gotten. Watch this
site.
On October 3,
2022 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.
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)."
On December 21,
Judge Kaplan ordered: "No
discovery taken in Carroll v.
Trump, 20-cv-7311 (LAK)
(hereinafter "Carroll I")
shall be inadmissible in this
action on the basis that it
was taken in Carroll I and not
in this action. Each of the
parties may object to the
admissibility in this action
of discovery derived from
Carroll I on any other
independent basis and as
further set forth in this
Order. The following schedule
shall govern further
proceedings in this case:
Motions due by 2/23/2023.
Responses due by 3/9/2023
Replies due by 3/16/2023.
Deposition due by 1/30/2023.
Expert Discovery due by
2/6/2023. Pretrial Order due
by 2/16/2023. The Court will
resolve the question whether
to consolidate or jointly try
Carroll I with this case at a
later date. SO ORDERED.
(Signed by Judge Lewis A.
Kaplan on 12/21/22)."
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 first case is
(still) named Carroll
v. Trump, 20-cv-7311
(Kaplan).
The second case
is Carroll v. Trump,
22-cv-10016 (Kaplan)
Then:
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2020 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com
|
,
