Canosa v. Weinstein et al

1:18-cv-04115 | New York Southern District Court

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Division Foley Square
Judge Judge Paul A. Engelmayer
Filed May 8, 2018
Terminated Feb. 6, 2023
Case Flags CLOSED and ECF
Nature of Suit 360 Personal Injury - Other
Cause 28:1452 R&R re motions to remand (non-core)
Jury Demand Plaintiff
Last Updated: 4 weeks, 1 day ago Show Interactive Timeline
Filing Date # Docket Text
10/21/2024SEALED MATERIALS DISPOSED: Document(s) 178 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 10/21/2024..(jus) (Entered: 10/21/2024)
10/21/2024SEALED MATERIALS DISPOSED: Document(s) 175 and 179 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 10/21/2024..(jus) (Entered: 10/21/2024)
9/12/2024NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 178 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 10/15/2024. .(jus) (Entered: 09/12/2024)
9/12/2024NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 175 and 179 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 10/15/2024. .(jus) (Entered: 09/12/2024)
2/6/2023
  • Order
ORDER: The Court having been advised that all claims asserted herein have been settled in principle, Dkt. 318, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 30 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 30-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any proposed order approving the settlement agreement that seeks the Court's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/6/2023) (kv) (Entered: 02/06/2023)
2/6/2023JOINT LETTER addressed to Judge Paul A. Engelmayer from Jeremy Hellman dated February 6, 2023 re: Status. Document filed by Alexandra Canosa..(Hellman, Jeremy) (Entered: 02/06/2023)
1/30/2023
  • Order
ORDER: On February 24, 2021, the Court reserved deciding whether to dismiss certain defendants in light of the pending appeal of the parties' bankruptcy settlement. Dkt. 302. Since then, no party has filed an update in this case. Accordingly, the Court orders that the remaining parties in this action file, by February 6, 2023, a joint letter providing a status update in this case and setting forth their positions as to next steps. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/30/2023) (ama) (Entered: 01/30/2023)
9/13/2021
  • Order
MEMO ENDORSEMENT on re: 315 Notice (Other) filed by Robert Weinstein. ENDORSEMENT: SO ORDERED. Attorney Abigail Flynn Coster terminated. (Signed by Judge Paul A. Engelmayer on 9/13/2021) (va) (Entered: 09/13/2021)
9/10/2021NOTICE of Withdrawal of Appearance re: 76 Notice of Appearance. Document filed by Robert Weinstein..(Coster, Abigail) (Entered: 09/10/2021)
4/14/2021
  • Motion to Withdraw as CounselGranted
ORDER GRANTING DEFENDANT'S MOTION FOR WITHDRAWAL OF COUNSEL granting 312 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED AND ADJUDGED, that the motion is GRANTED; and that the law firm of Seyfarth Shaw LLP and its attorneys Gerald L. Maatman, Jr., Karen Y. Bitar and Lisa L. Savadjian are hereby withdrawn as counsel of record for TWC. TWC will be represented by the Liquidation Trustee which was appointed as the successor-in-interest to, and the representative of, the Debtors' estates for matters that arose prior to the Effective Date of the Bankruptcy Plan, which confirmed on January 26,2021 by the United States Bankruptcy Court for the District of Delaware, in In re The Weinstein Company Holdings LLC, et al., No. 18 10601 (MFW) (Bankr. D. Del.) SO ORDERED. Attorney Lisa Louise Savadjian; Karen Yasmine Bitar and Gerald Leonard Maatman, Jr terminated. (Signed by Judge Paul A. Engelmayer on 4/14/2021) (va) (Entered: 04/14/2021)
4/13/2021AFFIDAVIT of Gerald L. Maatman, Jr., Esq. in Support re: 312 MOTION for Seyfarth Shaw LLP to Withdraw as Attorney .. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC..(Maatman, Gerald) (Entered: 04/13/2021)
4/13/2021
  • Motion to Withdraw as Counselby Δ
MOTION for Seyfarth Shaw LLP to Withdraw as Attorney . Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Proposed Order).(Maatman, Gerald) (Entered: 04/13/2021)
4/13/2021NOTICE OF APPEARANCE by Jason Henry Rosell on behalf of Dean A. Ziehl, the Liquidation Trustee of the TWC Liquidation Trust..(Rosell, Jason) (Entered: 04/13/2021)
4/13/2021NOTICE OF APPEARANCE by John Andrew Morris on behalf of Dean A. Ziehl, the Liquidation Trustee of the TWC Liquidation Trust..(Morris, John) (Entered: 04/13/2021)
4/12/2021NOTICE OF APPEARANCE by Robert J. Feinstein on behalf of Dean A. Ziehl, the Liquidation Trustee of the TWC Liquidation Trust..(Feinstein, Robert) (Entered: 04/12/2021)
4/1/2021
  • Motion to Withdraw as CounselDenied
MEMO ENDORSEMENT denying 306 MOTION for Seyfarth Shaw LLP to Withdraw as Attorney Letter Motion to Withdraw. ENDORSEMENT: Denied. The Court declines to permit counsels' withdrawal at this time without the concomitant appearance of successor counsel. The Court appreciates counsels' views as to the status of The Weinstein Companies in this lawsuit in light of the posture of the bankruptcy court litigation. A motion to withdraw, however, is not the proper mechanism in which to litigate that issue, which does not, in any event, appear in need of urgent resolution. This application is without prejudice to counsel's right later to move to withdraw at a later point in this litigation. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/1/2021) (jca) (Entered: 04/01/2021)
3/30/2021AFFIDAVIT of Gerald L. Maatman, Esq. in Support re: 306 MOTION for Seyfarth Shaw LLP to Withdraw as Attorney Letter Motion to Withdraw.. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Exhibit A - Memorandum Opinion).(Maatman, Gerald) (Entered: 03/30/2021)
3/30/2021
  • Motion to Withdraw as Counselby Δ
MOTION for Seyfarth Shaw LLP to Withdraw as Attorney Letter Motion to Withdraw. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Proposed Order).(Maatman, Gerald) (Entered: 03/30/2021)
3/3/2021Set/Reset Deadlines: Fact Discovery due by 4/23/2021. (jca) (Entered: 03/03/2021)
3/3/2021
  • Motion to Extend TimeGranted
ORDER granting 304 LETTER MOTION for Extension of Time for Mr. Weinstein's Deposition. Granted. Fact discovery is extended until April 23 for the limited purpose of holding Mr. Weinstein's deposition. The Court will not grant further extensions of the date for this deposition. SO ORDERED. Deposition due by 4/23/2021. (Signed by Judge Paul A. Engelmayer on 3/3/2021) (jca) (Entered: 03/03/2021)
3/2/2021
  • Motion to Extend Timeby Δ
LETTER MOTION for Extension of Time for Mr. Weinstein's Deposition addressed to Judge Paul A. Engelmayer from Gary Stein dated March 2, 2021. Document filed by Robert Weinstein..(Stein, Gary) (Entered: 03/02/2021)
2/24/2021
  • Order
ORDER: The Court has reviewed, in camera, the medical records of defendant Harvey Weinstein, whom plaintiff Alexandra Canosa seeks to depose at this time. Dkt. 77. Because the medical records pre-date Mr. Weinstein's incarceration, they are not conclusive as to his present medical condition. They nonetheless raise sufficient questions as to Mr. Weinstein's fitness to sit for a deposition as to warrant, before such a deposition were to occur, an updated medical assessment of his condition. The Court accordingly will not require Mr. Weinstein to sit for a deposition during the month of March. The Court understands that Ms. Canosa is determining whether to accept a settlement as proposed by the Bankruptcy Court or to continue with this litigation and that as of February 4, 2021, she has not yet been served with the "Long Form Proof of Claim," which starts the process for evaluating and quantifying her claims. See Dkt. 286 11 (declaration of Thomas P. Giuffra). Should this litigation continue, Ms. Canosa will be at liberty to pursue Mr. Weinstein's deposition upon an updated medical examination. Assuming Mr. Weinstein were found fit to sit for a deposition, the Court would then consider, if renewed, Mr. Weinstein's separate argument to defer the deposition, or limit the scope of questioning, based on his intent to assert his Fifth Amendment rights. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/24/2021) (jca) (Entered: 02/24/2021)
2/24/2021
  • Order
MEMO ENDORSEMENT on re: 301 Letter filed by Alexandra Canosa. ENDORSEMENT: In light of the pending appeal of the bankruptcy settlement, the Court reserves deciding whether to dismiss defendants The Weinstein Company, LLC and The Weinstein Company Holdings LLC. For the avoidance of doubt, as reflected in the Court's February 12, 2021 order, Dkt. 296, the deposition of Robert Weinstein is to go forward by March 12, 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/24/2021) (jca) (Entered: 02/24/2021)
2/23/2021 LETTER addressed to Judge Paul A. Engelmayer from Thomas Giuffra dated February 23, 2021 re: TWC defendants request for dismissal. Document filed by Alexandra Canosa..(Hellman, Jeremy) (Entered: 02/23/2021)
2/19/2021
  • Order
MEMO ENDORSEMENT: on re: 299 Letter, filed by The Weinstein Company, LLC, The Weinstein Company Holdings, LLC. ENDORSEMENT: A response to this letter, if any, from plaintiff Canosa is due Tuesday, February 23, 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/19/2021) (ama) (Entered: 02/19/2021)
2/19/2021***DELETED DOCUMENT. Deleted document number 298 NOTICE of MOTION TO SET ASIDE DEFAULT. The document was incorrectly filed in this case. (ldi) (Entered: 02/19/2021)
2/19/2021FINAL LETTER addressed to Judge Paul A. Engelmayer from Gerald L. Maatman, Jr. dated February 19, 2021 re: Effective Date of Bankruptcy Plan Enjoining Plaintiff's Claims Against TWC. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Exhibit 2-18-21 Notice of Effective Date and Entry of Order Confirming Bankruptcy Plan).(Maatman, Gerald) (Entered: 02/19/2021)
2/18/2021***EX-PARTE*** LETTER addressed to Judge Paul A. Engelmayer from Imran H. Ansari, Esq. dated February 18, 2021 re: Mr. Weinstein's Medical Records in Compliance with Order - Doc. 295. Document filed by Harvey Weinstein. (Attachments: # 1 Exhibit Medical Records)Motion or Order to File Under Seal: 295 .(Ansari, Imran) (Entered: 02/18/2021)
2/12/2021
  • Motion to Extend TimeDenied
ORDER denying 289 LETTER MOTION for Extension of Time to Complete the Deposition of Harvey Weinstein; denying 290 LETTER MOTION to Stay Deposition of Harvey Weinstein and Regarding Harvey Weinsteins State of Health; denying 292 LETTER MOTION to Stay Stay Deposition of Harvey Weinstein and Regarding Harvey Weinstein's State of Health. The Court is persuaded that Robert Weinstein likely has relevant testimony to offer in this case and that there is no basis for any further adjournment of his deposition. The Court accordingly orders that Robert Weinstein's deposition go forward, by March 12, 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/12/2021) (jca) (Entered: 02/12/2021)
2/12/2021
  • Order
ORDER: The Court has received a letter from a physician on behalf of defendant Harvey Weinstein, bearing on his ability to sit for a deposition. Dkt. 289-1. In the letter, the physician offers to provide the Court, with Mr. Weinstein's consent, documentation of Mr. Weinstein's relevant medical condition, including test results. In determining whether Mr. Weinstein's condition justifies deferring his deposition date, the Court would benefit from reviewing these records. The Court orders that such documentation be produced, ex parte, for the Court's in camera review, by February 19, 2021. The Courts staff will be in contact with counsel for Mr. Weinstein as to the means by which these materials are to be produced. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/12/2021) (jca) (Entered: 02/12/2021)
2/9/2021 LETTER addressed to Judge Paul A. Engelmayer from Thomas Giuffra dated February 9, 2021 re: Response to Letter Filed by Robert Weinstein on February 5, 2021 (ECF 288). Document filed by Alexandra Canosa..(Hellman, Jeremy) (Entered: 02/09/2021)
2/9/2021LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Thomas Giuffra dated February 9, 2021 re: 289 LETTER MOTION for Extension of Time to Complete the Deposition of Harvey Weinstein addressed to Judge Paul A. Engelmayer from Imran H. Ansari dated 02/05/2021., 292 LETTER MOTION to Stay Stay Deposition of Harvey Weinstein and Regarding Harvey Weinstein's State of Health addressed to Judge Paul A. Engelmayer from Imran H. Ansari dated 02/05/2021., 290 LETTER MOTION to Stay Deposition of Harvey Weinstein and Regarding Harvey Weinsteins State of Health addressed to Judge Paul A. Engelmayer from Imran H. Ansari dated 02/05/2021. . Document filed by Alexandra Canosa..(Hellman, Jeremy) (Entered: 02/09/2021)
2/5/2021
  • Motion to Stay
LETTER MOTION to Stay Stay Deposition of Harvey Weinstein and Regarding Harvey Weinstein's State of Health addressed to Judge Paul A. Engelmayer from Imran H. Ansari dated 02/05/2021. Document filed by Harvey Weinstein. (Attachments: # 1 Exhibit Redacted Physician's Letter).(Ansari, Imran) (Entered: 02/05/2021)
2/5/2021
  • Motion to Extend TimeGranted
ORDER granting 287 LETTER MOTION for Extension of Time to Complete Depositions of Harvey Weinstein and Robert Weinstein. The Court is persuaded by plaintiff's counsel that Ms. Canosa as yet is not in position to quantify the settlement that she would stand to receive in the bankruptcy process. Dkt. 286. And while the Court would therefore otherwise direct that the two outstanding depositions go forward by the February 12, 2021 deadline the Court has set, counsel persuasively explain the difficulty finding a mutually convenient date during the week between now and February 12, 2021. The Court accordingly adjourns the deadline for these two depositions by four weeks, until March 12, 2021. However, the Court further directs that, by February 10, 2021, counsel agree upon a firm date within that deadline for each of the depositions, as the Court will not again permit scheduling challenges to be cited as justification for deferring the depositions. This order is without prejudice to the right of deponent Harvey Weinstein to assert that medical or Fifth Amendment considerations justify further deferral of his deposition. Should Mr. Weinstein intend to so argue, any submission to that effect is due two weeks before the agreed upon deposition date, and plaintiff Canosa's response is due one week before the agreed upon deposition date. SO ORDERED. Deposition due by 3/12/2021. (Signed by Judge Paul A. Engelmayer on 2/5/2021) (jca) (Entered: 02/05/2021)
2/5/2021***SELECTED PARTIES*** LETTER MOTION to Stay Deposition of Harvey Weinstein and Regarding Harvey Weinsteins State of Health addressed to Judge Paul A. Engelmayer from Imran H. Ansari dated 02/05/2021. Document filed by Harvey Weinstein, Alexandra Canosa, The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Exhibit Physician Letter)Motion or Order to File Under Seal: 271 .(Ansari, Imran) (Entered: 02/05/2021)
2/5/2021***SELECTED PARTIES*** LETTER MOTION for Extension of Time to Complete the Deposition of Harvey Weinstein addressed to Judge Paul A. Engelmayer from Imran H. Ansari dated 02/05/2021. Document filed by Harvey Weinstein, Alexandra Canosa, The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Exhibit Physician Letter)Motion or Order to File Under Seal: 271 .(Ansari, Imran) (Entered: 02/05/2021)
2/5/2021 LETTER addressed to Judge Paul A. Engelmayer from Gary Stein dated February 5, 2021 re: in response to Plaintiff's letter dated February 1, 2021 and February 4, 2021. Document filed by Robert Weinstein..(Stein, Gary) (Entered: 02/05/2021)
2/4/2021
  • Motion to Extend Timeby Π
LETTER MOTION for Extension of Time to Complete Depositions of Harvey Weinstein and Robert Weinstein addressed to Judge Paul A. Engelmayer from Thomas Giuffra dated February 4, 2021. Document filed by Alexandra Canosa. (Attachments: # 1 Text of Proposed Order).(Hellman, Jeremy) (Entered: 02/04/2021)
2/4/2021DECLARATION of Thomas P. Giuffra re: 285 Memo Endorsement, Set Deadlines,,,,,,,,,, . Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Order Confirming Plan, # 2 Exhibit Sexual Misconduct Claims Fund Procedures).(Hellman, Jeremy) (Entered: 02/04/2021)
2/2/2021
  • Order
MEMO ENDORSEMENT on re: 284 Letter, filed by Alexandra Canosa. ENDORSEMENT: The Court has previously ordered that the depositions of Robert Weinstein and Harvey Weinstein go forward by February 12, 2021, unless plaintiff Canosa has durably rejected the settlement offer extended to her in connection with the bankruptcy court settlement process. Dkt. 283. Plaintiff's counsel's letter, in asking that the depositions go forward by that date regardless of whether Canosa has made a decision as to whether to accept the bankruptcy court settlement, implies but does not explicitly state that Ms. Canosa does not yet know the amount of the settlement that she would receive via that process. The Court directs plaintiff's counsel, by February 4, 2021, to submit a sworn declaration so attesting if true, and explaining concretely why Ms. Canosa does not yet know the amount that she stands to receive through that process. Following counsel's response, the Court will determine whether to enforce the February 12, 2021 deadline. Both Weinsteins should remain prepared to be deposed by that date. To the extent that defendant Harvey Weinstein intends to seek the adjournment of the deposition on medical grounds, the Court expects to receive any such application by Friday, February 5, 2021, to enable the Court to review it in an orderly fashion. SO ORDERED. (Motions due by 2/5/2021.) (Signed by Judge Paul A. Engelmayer on 2/2/2021) (jca) (Entered: 02/02/2021)
2/1/2021 LETTER addressed to Judge Paul A. Engelmayer from Thomas Giuffra dated February 1, 2021 re: Response to Order of January 26, 2021 (ECF 283). Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Order Confirming Plan Proponents Fifth Amended Joint Chapter 11 Plan of Liquidation, # 2 Exhibit Discovery Order in Geiss v. Weinstein Company, # 3 Exhibit Order re Stay in Geiss v. Weinstein Company).(Hellman, Jeremy) (Entered: 02/01/2021)
1/26/2021Set/Reset Deadlines: Deposition due by 2/12/2021. (jwh) (Entered: 01/26/2021)
1/26/2021
  • OrderGranted
ORDER granting 280 Letter Motion for Discovery: The Court adjourns Robert Weinstein's and Harvey Weinstein's depositions until Friday, February 12, 2021, principally in recognition of the possibility that the settlement approved by the bankruptcy court may be accepted by Ms. Canosa so as to moot the need for the deposition. The Court expects that Ms. Canosa can and will durably commit herself, in writing, by Friday, February 5, 2021, whether she will accept the bankruptcy court settlement. If by that date, she has turned down that settlement, the deposition will go forward on February 12, 2021; but if by that date, she has either accepted the settlement (or durably settled on other terms) or has not committed as to whether to accept the bankruptcy settlement, the Court expects to order the cancellation of the deposition, with prejudice. The Clerk of Court is respectfully directed to terminate the pending motion at docket 280. (Signed by Judge Paul A. Engelmayer on 1/26/2021) (jwh) (Entered: 01/26/2021)
1/26/2021LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Thomas Giuffra dated January 26, 2021 re: 280 LETTER MOTION for Discovery /Requesting an Adjournment of Robert Weinstein's Deposition addressed to Judge Paul A. Engelmayer from Gary Stein dated January 26, 2021. . Document filed by Alexandra Canosa..(Hellman, Jeremy) (Entered: 01/26/2021)
1/26/2021 LETTER addressed to Judge Paul A. Engelmayer from Karen Bitar, Esq. dated January 26, 2021 re: TWC Bankruptcy Plan Confirmation on January 25, 2021. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Exhibit A- Certification of Bankruptcy Counsel, # 2 Exhibit B- Revised Confirmation Order (Proposed)).(Bitar, Karen) (Entered: 01/26/2021)
1/26/2021
  • Motionby Δ
LETTER MOTION for Discovery /Requesting an Adjournment of Robert Weinstein's Deposition addressed to Judge Paul A. Engelmayer from Gary Stein dated January 26, 2021. Document filed by Robert Weinstein..(Stein, Gary) (Entered: 01/26/2021)
1/14/2021
  • OrderDenied
ORDER denying 278 LETTER MOTION for Discovery of the Deposition of Defendant Harvey Weinstein. The Court appreciates the difficulty in organizing the remote deposition of an incarcerated witness at this time. The Court denies the request for leave to take Mr. Weinstein's deposition on February 5, 2021 at this time. If on January 29, 2021 the Court determines that further medical stay of the deposition is not warranted, the Court would entertain a motion to extend the deadline to take Mr. Weinstein's deposition to give the Wende Correctional Facility proper time to prepare. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/14/2021) (jca) (Entered: 01/14/2021)
1/13/2021
  • Motionby Π
LETTER MOTION for Discovery of the Deposition of Defendant Harvey Weinstein addressed to Judge Paul A. Engelmayer from Jeremy Hellman dated January 13, 2021. Document filed by Alexandra Canosa. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Notice to Take Deposition).(Hellman, Jeremy) (Entered: 01/13/2021)
1/4/2021
  • Order
MEMO ENDORSEMENT on re: 275 Letter filed by Harvey Weinstein. Granted. Mr. Weinstein's time to submit a physician's letter is extended to January 29, 2021. Mr. Weinstein's deposition is stayed until February 5, 2021. Time to complete Mr. Weinstein's deposition is extended to February 5, 2021. Once the Court receives Mr. Weinstein's physician letter, it will determine whether further extension is warranted. (Deposition due by 2/5/2021.) (Signed by Judge Paul A. Engelmayer on 1/4/2021) (jwh) (Entered: 01/04/2021)
12/31/2020 LETTER addressed to Judge Paul A. Engelmayer from Thomas Giuffra dated December 31, 2020 re: Response to Defendant's Letter of December 30, 2020. Document filed by Alexandra Canosa..(Hellman, Jeremy) (Entered: 12/31/2020)
12/30/2020 LETTER addressed to Judge Paul A. Engelmayer from Imran H. Ansari, Esq. dated 12/30/2020 re: Request for Extension of Time for Defendant Harvey Weinstein to File Physician Letter. Document filed by Harvey Weinstein..(Ansari, Imran) (Entered: 12/30/2020)
12/14/2020
  • Order
MEMO ENDORSEMENT on 273 LETTER RESPONSE terminating 272 Letter Motion for Extension of Time. ENDORSEMENT: The Court's order directing that Ms. Canosa's deposition be conducted remotely recognized the possibility that the public health crisis in Los Angeles would significantly improve by the January 29, 2021 close of discovery so as to make defendants' request for an in-person deposition sensible. Dkt. 270. The Court advises defense counsel, however, that that scenario appears highly improbable; that counsel in virtually every other civil case before this Court had agreed, even before the recent spike in Covid-19 cases, to remote depositions; and that the Court does not intend to extend the January 29, 2021 deadline as to this deposition. Accordingly, the Court directs counsel to agree forthwith on a date for a remote deposition of Ms. Canosa, to cover the extremely likely event that the public health situation has not changed significantly for the better by that date. (Signed by Judge Paul A. Engelmayer on 12/14/2020) (jwh) (Entered: 12/14/2020)
12/14/2020LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Thomas Giuffra dated December 14, 2020 re: 272 LETTER MOTION for Extension of Time to Take Plaintiff's Deposition Only addressed to Judge Paul A. Engelmayer from Karen Bitar dated December 11, 2020. . Document filed by Alexandra Canosa..(Hellman, Jeremy) (Entered: 12/14/2020)
12/11/2020
  • Motion to Extend Timeby Δ
LETTER MOTION for Extension of Time to Take Plaintiff's Deposition Only addressed to Judge Paul A. Engelmayer from Karen Bitar dated December 11, 2020. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E).(Bitar, Karen) (Entered: 12/11/2020)
12/9/2020
  • Motion to StayGranted
ORDER granting in part 266 Motion to Stay: The Court finds that a limited stay is appropriate given Weinstein's health. Weinstein's deposition is stayed until January 8, 2021. Weinstein's physician letter indicating whether Weinstein is physically able to sit for a deposition, including a remote deposition, is due December 30, 2020. This letter may be publicly filed in redacted form to the extent that the discussion of confidential medical information so justifies. The Clerk of Court is respectfully directed to terminate the motion pending at docket 266. (Signed by Judge Paul A. Engelmayer on 12/9/2020) (jwh) (Entered: 12/09/2020)
12/8/2020
  • OrderGranted
ORDER granting 269 Letter Motion for Discovery: The Court has been clear that, to the extent that in-person depositions are not viable in light of public health consideration, the parties are authorized and expected to conduct remote depositions. Dkt. 262. Counsel for Ms. Canosa have articulated why, in light of the state of the public health crisis in Los Angeles, an in-person deposition of Ms. Canosa poses health risks both to Ms. Canosa and her trial counsel. Unless current conditions have significantly improved by the date of Ms. Canosa's deposition, counsel for Mr. Weinstein are expected to conduct the deposition remotely. (Signed by Judge Paul A. Engelmayer on 12/8/2020) (jwh) (Entered: 12/08/2020)
12/4/2020
  • Motionby Π
LETTER MOTION for Discovery Via Remote Depositions addressed to Judge Paul A. Engelmayer from Jeremy Hellman dated December 4, 2020. Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Order of November 16, 2020, # 2 Exhibit Notice of Deposition from Harvey Weinstein, # 3 Exhibit Notice of Deposition from TWC, # 4 Exhibit November 28, 2020 Los Angeles Order, # 5 Exhibit December 2, 2020 Los Angeles Order, # 6 Exhibit Declaration of Alexandra Canosa, # 7 Exhibit December 1, 2020 order in Geiss v. The Weinstein Company, # 8 Exhibit September 22, 2020 order in David v. The Weinstein Company).(Hellman, Jeremy) (Entered: 12/04/2020)
11/24/2020
  • Motion to Stayby Π
MEMORANDUM OF LAW in Opposition re: 266 MOTION to Stay re: 265 Notice (Other) MEMORANDUM OF LAW IN SUPPORT OF MOTION TO STAY DEPOSITION OF HARVEY WEINSTEIN. . Document filed by Alexandra Canosa..(Hellman, Jeremy) (Entered: 11/24/2020)
11/20/2020
  • Order
ORDER: The Court has received defendants motion to stay the deposition of defendant Harvey Weinstein. Dkts. 26566. Plaintiffs opposition, if any, is due Wednesday, November 25, 2020. The Court does not invite a reply. (Set Deadlines/Hearing as to 266 MOTION to Stay: Responses due by 11/25/2020) (Signed by Judge Paul A. Engelmayer on 11/20/2020) (jwh) (Entered: 11/20/2020)
11/19/2020
  • Motion to Stay
MOTION to Stay re: 265 Notice (Other) MEMORANDUM OF LAW IN SUPPORT OF MOTION TO STAY DEPOSITION OF HARVEY WEINSTEIN. Document filed by Harvey Weinstein. Return Date set for 11/30/2020 at 10:00 AM. (Attachments: # 1 Exhibit Felony Complaint).(Ansari, Imran) (Entered: 11/19/2020)
11/19/2020NOTICE of MOTION TO STAY THE DEPOSITION OF HARVEY WEINSTEIN. Document filed by Harvey Weinstein..(Ansari, Imran) (Entered: 11/19/2020)
11/18/2020 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(1)(3). The Court's prior discovery schedule is modified to the following extent: Deadline for party and non-party depositions: January 29, 2021 The Plan has been reviewed by the Court and, except as modified, is adopted as the Scheduling Order of this Court in accordance with Fed. R. Civ. P. 16(b). This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as noted in paragraph 5) shall be made in a written application in accordance with paragraph 1.E of the Court's Individual Rules and Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended. (Deposition due by 1/29/2021.) (Signed by Judge Paul A. Engelmayer on 11/18/2020) (rro) (Entered: 11/18/2020)
11/17/2020PROPOSED SCHEDULING ORDER. Document filed by Alexandra Canosa..(Hellman, Jeremy) (Entered: 11/17/2020)
11/16/2020
  • Motion to Extend TimeGranted
ORDER granting 261 Letter Motion for Extension of Time to Complete Discovery: The Court extends the deadline for party and non-party depositions to Friday, January 29, 2021. No further extensions of this deadline will be granted. To the extent that in-person depositions are not viable in light of public health considerations, the parties are authorized and expected to conduct remote depositions. The parties are to submit, by close of business tomorrow, a revised scheduling order consistent with the above. (Deposition due by 1/29/2021.) (Signed by Judge Paul A. Engelmayer on 11/16/2020) (jwh) (Entered: 11/16/2020)
11/13/2020
  • Motion to Extend Timeby Π
LETTER MOTION for Extension of Time to Complete Discovery (Depositions) addressed to Judge Paul A. Engelmayer from Jeremy Hellman dated November 13, 2020. Document filed by Alexandra Canosa. (Attachments: # 1 Text of Proposed Order).(Hellman, Jeremy) (Entered: 11/13/2020)
10/20/2020 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The Court's prior discovery schedule is modified to the following extent: Deadline for party and non-party depositions: December 31, 2020. The Plan has been reviewed by the Court and, except as modified, is adopted as the Scheduling Order of this Court in accordance with Fed. R. Civ. P. l 6(b). This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as noted in paragraph 5) shall be made in a written application in accordance with paragraph l.E of the Court's Individual Rules and Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended. SO ORDERED. Deposition due by 12/31/2020. (Signed by Judge Paul A. Engelmayer on 10/20/2020) (kv) (Entered: 10/20/2020)
10/20/2020
  • Motion to Extend TimeGranted
ORDER granting in part 258 Letter Motion for Extension of Time: The Court will extend the deadline for depositions until Thursday, December 31, 2020. The parties, however, should not expect any further extension of this deadline. (Deposition due by 12/31/2020.) (Signed by Judge Paul A. Engelmayer on 10/20/2020) (jwh) (Entered: 10/20/2020)
10/20/2020
  • Motion to Extend Timeby Π
JOINT LETTER MOTION for Extension of Time to Complete Depositions addressed to Judge Paul A. Engelmayer from Jeremy Hellman dated October 20, 2020. Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Letter Filed in David v. The Weinstein Co. LLC, # 2 Text of Proposed Order Proposed Amended Civil Case Management Plan and Scheduling Order).(Hellman, Jeremy) (Entered: 10/20/2020)
9/15/2020
  • Order
MEMO ENDORSEMENT on re: 256 Letter filed by The Weinstein Company, LLC, The Weinstein Company Holdings, LLC. ENDORSEMENT: The Court thanks counsel for this update. (Signed by Judge Paul A. Engelmayer on 9/15/2020) (mro) (Entered: 09/16/2020)
9/14/2020 LETTER addressed to Judge Paul A. Engelmayer from Gerald L. Maatman, Jr. dated August 14, 2020 re: Bankruptcy Update. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC..(Maatman, Gerald) (Entered: 09/14/2020)
8/13/2020
  • Order
MEMO ENDORSEMENT on re: 254 Letter. ENDORSEMENT: The Court appreciates this update. (Signed by Judge Paul A. Engelmayer on 8/13/2020) (jwh) (Entered: 08/13/2020)
8/12/2020 LETTER addressed to Judge Paul A. Engelmayer from Gerald L. Maatman, Jr. dated August 12, 2020 re: Bankruptcy Update. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Maatman, Gerald) (Entered: 08/12/2020)
7/21/2020
  • Order
MEMO ENDORSEMENT on re: 252 Letter filed by The Weinstein Company, LLC, The Weinstein Company Holdings, LLC. ENDORSEMENT: The Court appreciates this update. (Signed by Judge Paul A. Engelmayer on 7/21/2020) (ks) (Entered: 07/21/2020)
7/20/2020 LETTER addressed to Judge Paul A. Engelmayer from Gerald L. Maatman, Jr. dated July 20, 2020 re: Global Settlement Status Update. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC..(Maatman, Gerald) (Entered: 07/20/2020)
7/1/2020
  • Order
MEMO ENDORSEMENT on re: 250 Letter. ENDORSEMENT: The Court appreciates this update. (Signed by Judge Paul A. Engelmayer on 7/1/2020) (jwh) (Entered: 07/01/2020)
7/1/2020 LETTER addressed to Judge Paul A. Engelmayer from Karen Bitar dated July 1, 2020 re: Geiss Settlement Status Update. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC..(Bitar, Karen) (Entered: 07/01/2020)
6/16/2020
  • Order
MEMO ENDORSEMENT on re: 248 Letter filed by The Weinstein Company, LLC, The Weinstein Company Holdings, LLC. ENDORSEMENT: The Court appreciates the update. (Signed by Judge Paul A. Engelmayer on 6/15/2020) (jwh) (Entered: 06/16/2020)
6/12/2020 LETTER addressed to Judge Paul A. Engelmayer from Karen Bitar dated June 12, 2020 re: Global Settlement Status Update. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC..(Bitar, Karen) (Entered: 06/12/2020)
6/2/2020STIPULATION AND ORDER: IT IS HEREBY ORDERED that: This Stipulation and Order shall govern the discovery of documents and ESI, as described in FED. R.CIV. P. 26, 33, and 34; Nothing in this Stipulation and Order shall be construed to supersede or alter any provision of any Federal or Local Rule; and All Parties are bound by and subject to the terms of this Stipulation and Order. And as set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/02/2020) (ama) (Entered: 06/02/2020)
6/2/2020
  • Motion for Protective Order
PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. The parties' protective order is approved. For avoidance of doubt, requests to file documents under seal, as discussed in paragraph 17, must be made in accordance with Rule 4.B of the Court's Individual Rules. Defendant Weinstein's response to plaintiff Canosa's discovery request is due no later than June 8, 2020. Weinstein should not expect further extensions of this deadline. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/02/2020) (ama) (Entered: 06/02/2020)
5/28/2020PROPOSED PROTECTIVE ORDER. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Joint Proposed Protective Order, # 2 Proposed ESI Protocol).(Bitar, Karen) (Entered: 05/28/2020)
5/15/2020
  • Order
MEMO ENDORSEMENT on re: 242 Letter, filed by Harvey Weinstein. ENDORSEMENT: The parties are to file their proposed joint protective order and ESI protocol no later than May 29, 2020. After the Court reviews, and presumably approves, those documents, it will set a prompt and firm deadline for defendant Weinstein to meet his discovery obligations. (Signed by Judge Paul A. Engelmayer on 5/15/2020) (jwh) Modified on 5/19/2020 (jwh). (Entered: 05/15/2020)
5/15/2020
  • Order
MEMO ENDORSEMENT on re: 241 Letter filed by The Weinstein Company, LLC, The Weinstein Company Holdings, LLC. ENDORSEMENT: The Court appreciates the update. (Signed by Judge Paul A. Engelmayer on 5/15/2020) (jwh) (Entered: 05/15/2020)
5/14/2020 LETTER addressed to Judge Paul A. Engelmayer from Imran H. Ansari, Esq. dated 05/14/2020 re: REQUEST FOR EXTENSION OF TIME FOR DEFENDANT HARVEY WEINSTEIN TO RESPOND TO THE PLAINTIFF'S DISCOVERY REQUEST. Document filed by Harvey Weinstein..(Ansari, Imran) (Entered: 05/14/2020)
5/13/2020 LETTER addressed to Judge Paul A. Engelmayer from Karen Bitar dated May 13, 2020 re: Global Settlement Status Update. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC..(Bitar, Karen) (Entered: 05/13/2020)
4/14/2020
  • Order
MEMO ENDORSEMENT on re: 239 Letter filed by The Weinstein Company, LLC, The Weinstein Company Holdings, LLC. ENDORSEMENT: The Court appreciates this update. (Signed by Judge Paul A. Engelmayer on 4/14/2020) (jwh) (Entered: 04/14/2020)
4/13/2020 LETTER addressed to Judge Paul A. Engelmayer from Karen Bitar dated April 13, 2020 re: Global Settlement Status Update. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC..(Bitar, Karen) (Entered: 04/13/2020)
4/9/2020CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting 237 Letter Motion for Extension of Time. Deadline for party and non-party depositions: November 9, 2020. (Signed by Judge Paul A. Engelmayer on 4/9/2020) (mro) (Entered: 04/10/2020)
4/8/2020
  • Motion to Extend Timeby Π
JOINT LETTER MOTION for Extension of Time to Complete Depositions addressed to Judge Paul A. Engelmayer from Jeremy Hellman dated April 8, 2020. Document filed by Alexandra Canosa. (Attachments: # 1 Text of Proposed Order).(Hellman, Jeremy) (Entered: 04/08/2020)
3/24/2020
  • Motion to Extend TimeGranted
ORDER granting 235 Letter Motion for Extension of Time to Complete Discovery: Granted. (Signed by Judge Paul A. Engelmayer on 3/24/2020) (jwh) (Entered: 03/24/2020)
3/23/2020
  • Motion to Extend Time
LETTER MOTION for Extension of Time to Complete Discovery from 3/24/20 to 5/15/20 addressed to Judge Paul A. Engelmayer from Imran H. Ansari, Esq. dated 03/23/2020. Document filed by Harvey Weinstein..(Ansari, Imran) (Entered: 03/23/2020)
3/16/2020
  • Order
MEMO ENDORSEMENT on re: 231 Letter filed by The Weinstein Company, LLC, The Weinstein Company Holdings, LLC. ENDORSEMENT: The Court appreciates this update. (Signed by Judge Paul A. Engelmayer on 3/16/2020) (cf) (Entered: 03/16/2020)
3/16/2020
  • Order
MEMO ENDORSEMENT on re: 229 Letter, filed by The Weinstein Company, LLC, The Weinstein Company Holdings, LLC. ENDORSEMENT: The Court is satisfied, by virtue of this letter and the accompanying declaration, that TWC has fulfilled its discovery obligations by providing plaintiff Canosa access to its database. If there are indications of missing sources that pertain directly to Canosa's requests for production, the parties are to meet and confer on alternative sources of data, as described above. Immediately following the meet and confer, the parties are to file a letter updating the Court on the resolution of alternative sources of data. (Signed by Judge Paul A. Engelmayer on 3/16/2020) (cf) (Entered: 03/16/2020)
3/13/2020Set/Reset Deadlines: Deposition due by 6/9/2020. (jwh) (Entered: 03/13/2020)
3/13/2020
  • Order
ORDER terminating 230 Letter Motion for Extension of Time: Deposition discovery begins on March 25, 2020, 30 days after February, 24, 2020, the date of the verdict in defendant Weinstein's criminal case. See Dkt. 210 (schedule for deposition discovery). Depositions will last for two and a half months, ending on June 9, 2020. Id. The Court orders that plaintiff Canosa's deposition be taken in California, to accommodate her pregnancy. (Signed by Judge Paul A. Engelmayer on 3/13/2020) (jwh) (Entered: 03/13/2020)
3/13/2020 LETTER addressed to Judge Paul A. Engelmayer from Karen Bitar dated March 13, 2020 re: Global Settlement Status Update. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC..(Bitar, Karen) (Entered: 03/13/2020)
3/10/2020
  • Motion to Extend Timeby Π
LETTER MOTION for Extension of Time Regarding Plaintiff's Deposition addressed to Judge Paul A. Engelmayer from Jeremy Hellman dated March 10, 2020. Document filed by Alexandra Canosa..(Hellman, Jeremy) (Entered: 03/10/2020)
3/6/2020 LETTER addressed to Judge Paul A. Engelmayer from Karen Bitar dated March 6, 2020 re: Response to March 3, 2020 Order. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Affidavit of Michele Kell).(Bitar, Karen) (Entered: 03/06/2020)
3/3/2020STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL FOR DEFENDANT HARVEY WEINSTEIN: IT TS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, pursuant to Local Rule 1.4, that Aidala, Bertuna & Kamins, PC shall be substituted in the place and stead of Nesenoff & Miltenberg, LLP as counsel of record for defendant Harvey Weinstein in the above-captioned matter. Defendant enters into this substitution of counsel knowingly and voluntarily. (Attorney Philip Arwood Byler and Andrew Todd Miltenberg terminated.) (Signed by Judge Paul A. Engelmayer on 3/3/2020) (jwh) (Entered: 03/03/2020)
3/3/2020PROPOSED STIPULATION AND ORDER. Document filed by Harvey Weinstein..(Byler, Philip) (Entered: 03/03/2020)
3/2/2020
  • Order
ORDER terminating 223 Letter Motion for Discovery; terminating 224 Letter Motion for Extension of Time: The Court has received TWC's letter seeking relief from the Court's February 18, 2020 discovery order, Dkt. 223, and defendant Harvey Weinstein's letter for an extension of time to comply with that order, Dkt. 224. The Court decides these issues as follows: 1. As to TWC's request, the Court is satisfied that TWC's discovery obligations may be met by providing plaintiff Alexandra Canosa access to its database, where she can search for the categories of documents of interest to her. TWC is to provide a sworn declaration, by March 6, 2020, certifying that none of the documents addressed by the Court's February 18, 2020 order, see Dkt. 222, are located outside of the database and within TWC's possession, custody, or control. 2. The Court grants Weinstein's request for an extension. Weinstein's deadline to comply with the February 18, 2020 order is March 24, 2020. (Signed by Judge Paul A. Engelmayer on 3/2/2020) (jwh) Modified on 3/3/2020 (jwh). (Entered: 03/03/2020)
3/2/2020NOTICE OF APPEARANCE by Imran H. Ansari on behalf of Harvey Weinstein..(Ansari, Imran) (Entered: 03/02/2020)
2/28/2020
  • Motion to Extend Timeby Δ
LETTER MOTION for Extension of Time to Produce Financial Documents addressed to Judge Paul A. Engelmayer from Philip A. Byler, Esq. dated February 28, 2020. Document filed by Harvey Weinstein..(Byler, Philip) (Entered: 02/28/2020)
2/27/2020
  • Motionby Δ
LETTER MOTION for Discovery / Seeking Relief from February 18, 2020 Order addressed to Judge Paul A. Engelmayer from Karen Bitar dated February 27, 2020. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Exhibit Transcript of December 12, 2019 Conference).(Bitar, Karen) (Entered: 02/27/2020)
2/18/2020
  • Order
ORDER: The Court has received the declaration of defendant Weinstein's counsel, Phillip A. Byler, Esq., addressing plaintiff Canosa's discovery requests. Dkt. 219 ("Byler Decl."). The Court orders the following: 1. Weinstein must produce any responsive documents that are in his accountant's possession, as such documents are within Weinstein's control. See Byler Decl. 28-29, 31. These documents may be produced on an attorneys'-eyes-only basis. Weinstein must produce such documents by March 3, 2020. 2. Byler has indicated that defendant TWC has or may have documents that are responsive to the majority of Canosa's requests. See id. 4-20, 23-28, 30. TWC is ordered to produce such documents, on an attorneys'-eyes-only basis, by March 3, 2020. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/18/2020) (jca) (Entered: 02/18/2020)
2/13/2020
  • Order
MEMO ENDORSEMENT on re: 217 Letter, filed by The Weinstein Company, LLC, The Weinstein Company Holdings, LLC. ENDORSEMENT: The Court appreciates this update. (Signed by Judge Paul A. Engelmayer on 2/13/2020) (jwh) (Entered: 02/13/2020)
2/13/2020
  • Motion to SealGranted
ORDER granting 218 Letter Motion to Seal: Granted. Counsel is instructed to file the declaration electronically under seal, in accordance with Rule 4.B of the Court's Individual's Rules, by the end of day today, February 13, 2020. (Signed by Judge Paul A. Engelmayer on 2/13/2020) (jwh) (Entered: 02/13/2020)
2/13/2020***SELECTED PARTIES***DECLARATION of Philip A. Byler, Esq. re: 215 Order, 218 LETTER MOTION to Seal Byler's Declaration in Support of Defendant Harvey Weinstein's Response to January 15 Order addressed to Judge Paul A. Engelmayer from Philip A. Byler, Esq. dated February 12, 2020. . Document filed by Harvey Weinstein, Alexandra Canosa, The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. Motion or Order to File Under Seal: 218 .(Miltenberg, Andrew) (Entered: 02/13/2020)
2/12/2020
  • Motion to Sealby Δ
LETTER MOTION to Seal Byler's Declaration in Support of Defendant Harvey Weinstein's Response to January 15 Order addressed to Judge Paul A. Engelmayer from Philip A. Byler, Esq. dated February 12, 2020. Document filed by Harvey Weinstein..(Byler, Philip) (Entered: 02/12/2020)
2/12/2020 LETTER addressed to Judge Paul A. Engelmayer from Karen Bitar dated February 12, 2020 re: Court's December 13, 2019 Order (ECF 120) requiring Status Update. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC..(Bitar, Karen) (Entered: 02/12/2020)
1/30/2020TRANSCRIPT of Proceedings re: CONFERENCE held on 12/12/2019 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/29/2020.(McGuirk, Kelly) (Entered: 01/30/2020)
1/15/2020
  • Order
ORDER re: 213 Letter, filed by Harvey Weinstein, 211 Letter filed by Alexandra Canosa: The Court has received plaintiff Alexandra Canosa's recent letter regarding a discovery dispute, Dkt. 211, and defendant Harvey Weinstein's response, Dkt 213. The Court resolves the dispute as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 1/15/2020) (jwh) (Entered: 01/15/2020)
1/14/2020
  • Order
MEMO ENDORSEMENT on re: 212 Letter Status Update filed by The Weinstein Company, LLC, The Weinstein Company Holdings, LLC. ENDORSEMENT: The Court appreciates this update. (Signed by Judge Paul A. Engelmayer on 1/14/20) (yv) (Entered: 01/14/2020)
1/13/2020 LETTER addressed to Judge Paul A. Engelmayer from Philip A. Byler, Esq. dated January 13, 2019 re: Response to Plaintiff's January 10, 2020 Letter. Document filed by Harvey Weinstein. (Attachments: # 1 Exhibit A-Transcript of December 12, 2019 Proceedings, # 2 Exhibit B-December 16, 2019 Email, # 3 Exhibit C-December 16, 2019 Email)(Byler, Philip) (Entered: 01/13/2020)
1/13/2020 LETTER addressed to Judge Paul A. Engelmayer from Karen Bitar dated January 13, 2020 re: Status Update. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC.(Bitar, Karen) (Entered: 01/13/2020)
1/10/2020 LETTER addressed to Judge Paul A. Engelmayer from Thomas Giuffra dated January 10, 2020 re: Outstanding Discovery Owed by Defendant Harvey Weinstein. Document filed by Alexandra Canosa.(Hellman, Jeremy) (Entered: 01/10/2020)
12/13/2019
  • Order
ORDER: For the reasons provided at today's conference, the Court sets the following deadlines: 1. Weinstein must serve any corrected third-party subpoenas by Monday, December 16, 2019. Canosa's opposition to these subpoenas is due Friday, December 20, 2019. 2. While Weinstein has provided Canosa with insurance policies, he has apparently not provided any other documents that Canosa has requested, including those of potential relevance to settlement negotiations. Weinstein must produce such documents by Thursday, December 19, 2019, and may do so on an attorney's-eyes-only basis if needed, and as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 12/12/2019) (jwh) (Entered: 12/13/2019)
12/12/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer: Case Management Conference held on 12/12/2019. Thomas Giuffra & Jeremy Hellman present for Plaintiff. Philip Byler, Karen Bitar & Lisa Savadjian present for Defendants. Court reporter present. (ajs) (Entered: 12/19/2019)
12/11/2019
  • Motion to Stay
ORDER with respect to 205 Motion to Stay. The Court is in receipt of defendant Weinstein's motion to stay, Dkt. 205, and its accompanying memorandum of law, Dkt. 206, and declaration from Philip A. Byler, Esq., Dkt. 207. Weinstein has requested that the Court stay proceedings beginning December 10, 2019. The Court reserves judgment on this motion and will address the issues it raises at the case management conference tomorrow, December 12, 2019. The conference will be held at 10:30 a.m. in Courtroom 15C at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/11/2019) (kv) (Entered: 12/11/2019)
12/11/2019 LETTER addressed to Judge Paul A. Engelmayer from Karen Bitar dated December 11, 2019 re: Response to Plaintiffs Letter dated December 9, 2019 (ECF 202). Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Attachments: # 1 Exhibit A)(Bitar, Karen) (Entered: 12/11/2019)
12/11/2019DECLARATION of Philip A. Byler, Esq. in Support re: 205 MOTION to Stay .. Document filed by Harvey Weinstein. (Byler, Philip) (Entered: 12/11/2019)
12/11/2019
  • Motion to Stayby Δ
MEMORANDUM OF LAW in Support re: 205 MOTION to Stay . . Document filed by Harvey Weinstein. (Byler, Philip) (Entered: 12/11/2019)
12/11/2019
  • Motion to Stayby Δ
MOTION to Stay . Document filed by Harvey Weinstein.(Byler, Philip) (Entered: 12/11/2019)
12/10/2019NOTICE OF APPEARANCE by Andrew Todd Miltenberg on behalf of Harvey Weinstein. (Miltenberg, Andrew) (Entered: 12/10/2019)
12/10/2019NOTICE OF APPEARANCE by Philip Arwood Byler on behalf of Harvey Weinstein. (Byler, Philip) (Entered: 12/10/2019)
12/9/2019 LETTER addressed to Judge Paul A. Engelmayer from Thomas P. Giuffra dated December 9, 2019 re: Discovery. Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Deficiency Letter)(Hellman, Jeremy) (Entered: 12/09/2019)
12/6/2019
  • Order
ORDER: The Court is in receipt of plaintiff's motion to quash defendant Weinstein's third-party subpoenas, Dkt. 197, in addition to plaintiff's memorandum of law, Dkt. 200, and declarations in support, Dkts. 19899. The Court directs defendant Weinstein to file his opposition to this motion, if any, by Tuesday, December 10, 2019 at 5:00 p.m. The Court does not invite a reply from plaintiff. (Set Deadlines/Hearing as to 197 MOTION to Quash Subpoenas to Ariel Heller, Frank Canosa and Ryan Judd: Responses due by 12/10/2019) (Signed by Judge Paul A. Engelmayer on 12/6/2019) (jwh) (Entered: 12/06/2019)
12/6/2019
  • Motion to Quashby Π
MEMORANDUM OF LAW in Support re: 197 MOTION to Quash Subpoenas to Ariel Heller, Frank Canosa and Ryan Judd. . Document filed by Alexandra Canosa. (Hellman, Jeremy) (Entered: 12/06/2019)
12/6/2019DECLARATION of Alexandra Canosa in Support re: 197 MOTION to Quash Subpoenas to Ariel Heller, Frank Canosa and Ryan Judd.. Document filed by Alexandra Canosa. (Hellman, Jeremy) (Entered: 12/06/2019)
12/6/2019DECLARATION of Jeremy A. Hellman in Support re: 197 MOTION to Quash Subpoenas to Ariel Heller, Frank Canosa and Ryan Judd.. Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Subpoenas)(Hellman, Jeremy) (Entered: 12/06/2019)
12/6/2019
  • Motion to Quashby Π
MOTION to Quash Subpoenas to Ariel Heller, Frank Canosa and Ryan Judd. Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Subpoenas)(Hellman, Jeremy) (Entered: 12/06/2019)
11/26/2019STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL FOR DEFENDANT HARVEY WEINSTEIN: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, pursuant to Local Rule 1.4, that Nesenoff & Miltenberg, LLP shall be substituted in the place and stead of Lewis Brisbois Bisgaard & Smith LLP as counsel of record for defendant Harvey Weinstein in the above-captioned matter. (Attorney Elior Daniel Shiloh terminated.) (Signed by Judge Paul A. Engelmayer on 11/26/2019) (jwh) (Entered: 11/26/2019)
11/26/2019
  • Motion to Substitute Counselby Δ
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Harvey Weinstein. (Shiloh, Elior) (Entered: 11/26/2019)
11/26/2019
  • Motion for Protective Order
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...IT IS HEREBY ORDERED AS FOLLOWS: 1. That counsel to this action may designate records as protected health information("PHI"). 2. That records designated as protected health information shall be for attorneys eyes only, and only filed with the Court under seal. 3. That receiving counsel may show records designated as protected health information to their clients on the conditions that the receiving party may not: (1) keep a copy of the protected health information; (2) view the protected health information materials outside the direct supervision of counsel; (3) take notes concerning the content of the protected health information; (4) discuss or disclose the contents of the protected health information with or to anyone but their lawyer(s) in this action. 4. That the parties are prohibited from using or disclosing the protected health information for any purpose other than the litigation in the instant matter. 5. That at the end of the instant litigation, all parties will return to plaintiff said information or destroy same (including all copies made). 6. That any party may object to the designation of records as protected health information, and may apply to the Court for a ruling on said issue. The Court approves the protective order, except for the requirement, in paragraph 2, that all documents be filed under seal. If the parties wish to file any documents under seal or in redacted form, they must first request approval from the Court to do so, in accordance with section 4.B of the Court's Individual Rules. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/26/2019) (rj) (Entered: 11/26/2019)
11/26/2019PROPOSED PROTECTIVE ORDER. Document filed by Alexandra Canosa. (Attachments: # 1 Text of Proposed Order Proposed Protective Order) (Hellman, Jeremy) (Entered: 11/26/2019)
11/21/2019
  • Order
ORDER terminating 189 Letter Motion for Discovery: The Court has reviewed plaintiff Alexandra Canosa's letters, Dkt. 187 ("Canosa Letter"), Dkt. 190 ("Canosa Reply"), defendant Harvey Weinstein's letter, Dkt. 188 ("Weinstein Letter"), and a letter from defendants The Weinstein Company LLC, and The Weinstein Company Holdings, LLC (together, "TWC"), Dkt. 189 ("TWC Letter"), addressing and/or asking the Court to revisit aspects of its November 14, 2019 discovery order, see Dkt. 186 ("Discovery Order"). The Court rules as follows: Weinstein and TWC therefore need not respond to the plaintiff's untimely second round of requests for production. The Court quashes these requests. The Court accordingly now orders plaintiff's counsel to provide these addresses, in writing, by November 22, 2019. Weinstein is ordered to serve these subpoenas by November 27, 2019. These three individuals will then have until December 6, 2019 to respond and provide any documents to Weinstein. For avoidance of doubt, the November 27, 2019 deadline for all other documents, and corresponding privilege logs, remains in effect. (Signed by Judge Paul A. Engelmayer on 11/21/2019) (jwh) (Entered: 11/21/2019)
11/21/2019 LETTER addressed to Judge Paul A. Engelmayer from Elior D. Shiloh dated November 21, 2019 re: Reply to Opposition to Request for Reconsideration. Document filed by Harvey Weinstein.(Shiloh, Elior) (Entered: 11/21/2019)
11/20/2019LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Thomas Giuffra dated November 20, 2019 re: 189 LETTER MOTION for Discovery / Request for Reconsideration of 11/14/2019 Order addressed to Judge Paul A. Engelmayer from Gerald L. Maatman, Jr., Esq. dated November 20, 2019. Also in Opposition to Letter written by Elior D. Shiloh, Esq. dated November 20, 2019 [Docket No. 188]. Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Email of November 6, 2019)(Hellman, Jeremy) (Entered: 11/20/2019)
11/20/2019
  • Motionby Δ
LETTER MOTION for Discovery / Request for Reconsideration of 11/14/2019 Order addressed to Judge Paul A. Engelmayer from Gerald L. Maatman, Jr., Esq. dated November 20, 2019. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC.(Maatman, Gerald) (Entered: 11/20/2019)
11/20/2019 LETTER addressed to Judge Paul A. Engelmayer from Elior D. Shiloh dated November 20, 2019 re: Reconsideration of Certain Portions of the November 14, 2019 Order (ECF Dkt. No. 186). Document filed by Harvey Weinstein. (Attachments: # 1 Email Exchange with Plaintiff's Counsel dated November 19, 2019)(Shiloh, Elior) (Entered: 11/20/2019)
11/19/2019 LETTER addressed to Judge Paul A. Engelmayer from Thomas Giuffra dated November 19, 2019 re: Date of Second Demand. Document filed by Alexandra Canosa.(Hellman, Jeremy) (Entered: 11/19/2019)
11/14/2019Set/Reset Deadlines: Document Discovery due by 12/11/2019. (mml) (Entered: 11/14/2019)
11/14/2019
  • Order
ORDER terminating 180 Letter Motion for Conference ; terminating 185 Letter Motion for Conference. The parties will have until December 11, 2019 to complete document discovery. All documents, or corresponding privilege logs, must be produced by November 27, 2019. The remaining two weeks will allow the parties time to resolve any outstanding issues. These deadlines will not be further extended. The Court expects counsel, acting collegially and in good faith as professionals, to resolve any issues without the need to seek judicial intervention. Counsel are advised that failure to comply with these deadlines may result in the imposition of sanctions and potential preclusion of the use of evidence at trial, as further set forth in this Order. 1. Weinstein has requested a stay of discovery from December 1, 2019 until April 1, 2020. Weinstein Reply at 2. The Court denies the request, at least through December 11, 2019, the new deadline for the resolution of all document discovery issues. At that time, the Court will consider a request to stay deposition discovery through the completion of Weinstein's criminal trial. The Clerk of the Court is respectfully directed to terminate the motions pending at dockets 180 and 185. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/14/2019) (mml) (Entered: 11/14/2019)
11/12/2019
  • Motionby Δ
LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from Elior D. Shiloh dated November 12, 2019. Document filed by Harvey Weinstein.(Shiloh, Elior) (Entered: 11/12/2019)
11/12/2019NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave. Please note that this is a reassignment of the designation only. (bcu) (Entered: 11/12/2019)
11/12/2019 LETTER addressed to Judge Paul A. Engelmayer from Gerald L. Maatman, Jr. dated November 12, 2019 re: in accordance with the Court's Order dated November 7, 2019 (Dkt. 182) directing it to respond with its position with respect to certain discovery disputes raised by the other parties in the litigation. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC.(Maatman, Gerald) (Entered: 11/12/2019)
11/8/2019183SEALED DOCUMENT placed in vault.(rz) (Entered: 11/08/2019)
11/7/2019
  • Order
MEMO ENDORSEMENT on re: 181 Letter. ENDORSEMENT: Defendants' reply, if any, to plaintiff's arguments that defendants have not provided discovery is due November 12, 2019. At that point, the Court will determine how to proceed. (Set Deadlines/Hearing as to 180 LETTER MOTION for Conference: Replies due by 11/12/2019.) (Signed by Judge Paul A. Engelmayer on 11/7/2019) (jwh) (Entered: 11/07/2019)
11/6/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer: Status Conference held on 11/6/2019. Thomas Giuffra present for Plaintiff. Elior Shiloh & Simi Bhutani present for Defendant. Court reporter present. (ajs) (Entered: 11/07/2019)
11/6/2019 LETTER addressed to Judge Paul A. Engelmayer from Thomas P. Giuffra dated 11.6.19 re: Discovery. Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Exhibit A - Plaintiff's First Demand for Documents, # 2 Exhibit Exhibit B - Defendant Harvey Weinstein's Objection and Response to Plaintiff's First Demand for Documents, # 3 Exhibit Exhibit C - Plaintiff's Letter to Hon. Paul A. Engelmayer, U.S.D.J. dated 5.7.19, # 4 Exhibit Exhibit D - Plaintiff's Second Demand for Documents)(Hellman, Jeremy) (Entered: 11/06/2019)
11/1/2019
  • Motionby Δ
LETTER MOTION for Conference re Plaintiff's Deficient Discovery Responses addressed to Judge Paul A. Engelmayer from Elior D. Shiloh dated November 1, 2019. Document filed by Harvey Weinstein. (Attachments: # 1 Exhibit Letter to Plaintiff's Counsel)(Shiloh, Elior) (Entered: 11/01/2019)
10/29/2019179SEALED DOCUMENT placed in vault.(rz) (Entered: 10/29/2019)
10/25/2019178SEALED DOCUMENT placed in vault.(rz) (Entered: 10/25/2019)
9/4/2019
  • Order
ORDER. The Court has reviewed the eight e-mails placed under seal, see Dkt. 175, in addition to defendant's letter, Dkt. 172, and plaintiff's letter, Dkt. 173, addressing plaintiff's designation of the emails as confidential. The Court agrees with defendants that the emails are not properly designated as confidential. So Ordered. (Signed by Judge Paul A. Engelmayer on 9/4/19) (yv) (Entered: 09/04/2019)
8/27/2019NOTICE OF APPEARANCE by Simi Bhutani on behalf of Harvey Weinstein. (Bhutani, Simi) (Entered: 08/27/2019)
8/26/2019175SEALED DOCUMENT placed in vault.(mhe) (Entered: 08/26/2019)
8/22/2019
  • Order
ORDER re: 173 Letter, filed by Alexandra Canosa, 172 Letter filed by Harvey Weinstein: The Court has received plaintiff's letter, Dkt. 173, and defendants' letter, Dkt. 172, regarding a dispute over plaintiff's confidentiality designations of portions of certain e-mails. The Court orders counsel jointly to produce the eight e-mails at issue by August 26, 2019 for an in camera review, and to clearly identify the portion(s) of the e-mails as to which a confidentiality designation is sought and disputed. (Signed by Judge Paul A. Engelmayer on 8/22/2019) (jwh) (Entered: 08/22/2019)
8/21/2019 LETTER addressed to Judge Paul A. Engelmayer from Jeremy Hellman dated August 21, 2019 re: Response to Defendant's August 14, 2019 Letter Regarding Emails. Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit ECF #147, # 2 Exhibit ECF #165)(Hellman, Jeremy) (Entered: 08/21/2019)
8/14/2019 LETTER addressed to Judge Paul A. Engelmayer from Elior D. Shiloh dated August 14, 2019 re: Objection to Confidentiality Designation. Document filed by Harvey Weinstein. (Attachments: # 1 Email Attachment)(Shiloh, Elior) (Entered: 08/14/2019)
5/29/2019
  • Order
MEMO ENDORSEMENT on re: 170 Letter filed by Alexandra Canosa. ENDORSEMENT: Ms. Canosa shall propose confidentiality designations for the e-mails in question, and identify the bases for such designations, within fourteen days. If an in-person meet-and-confer process fails to resolve this issue, defendants may thereafter dispute such designations through applications to this Court. Until resolution of such confidentiality designations, the e-mails are designated attorneys'-eyes only. (Signed by Judge Paul A. Engelmayer on 5/29/2019) (mro) (Entered: 05/29/2019)
5/22/2019JOINT LETTER addressed to Judge Paul A. Engelmayer from Jeremy Hellman dated May 22, 2019 re: Proposed Confidentiality Order. Document filed by Alexandra Canosa.(Hellman, Jeremy) (Entered: 05/22/2019)
5/17/2019ORDER granting 168 Letter Motion for Extension of Time to File. Granted. The parties should not expect further extensions of this deadline. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/16/2019) (anc) (Entered: 05/17/2019)
5/15/2019JOINT LETTER MOTION for Extension of Time to File Proposed Confidentiality Order addressed to Judge Paul A. Engelmayer from Jeremy A. Hellman dated May 15, 2019. Document filed by Alexandra Canosa.(Hellman, Jeremy) (Entered: 05/15/2019)
5/9/2019CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. All document discovery shall be completed no later than November 6, 2019. (Discovery due by 11/6/2019.) Pursuant to this Court's April 29, 2019, Order (ECF No. 164) depositions in this matter are not authorized at this time. As such, depositions, expert discovery, and dispositive motions shall be addressed in a subsequent case management plan. Case Management Conference set for 12/12/2019 at 10:30 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 5/9/2019) (anc) Modified on 5/10/2019 (anc). (Entered: 05/09/2019)
5/9/2019
  • Order
ORDER terminating 145 Motion for Protective Order ; terminating 145 Motion for Confidentiality. This Court agrees with Judge Hellerstein's wise approach to the use by counsel and the parties in this case of documents produced by the bankruptcy court. The Court, by this Order, thereby adopts that order in its entirety and imposes on the parties to this litigation the same requirements imposed by Judge Hellerstein, including that the parties promptly meet and confer, and including, as relevant to plaintiff here, that Weinstein is not to release documents produced in the bankruptcy proceedings relating to Canosa until he has obtained Canosa's consent or authorization from this Court. Id This Court's order does not, of course, bind any other court in which matters pertaining to Weinstein, whether criminal or civil, are being adjudicated. The Court directs, however, that if Weinstein applies to another such court to disclose materials relating to Canosa that counsel in this case received via the bankruptcy court's January 8, 2019 order, Weinstein notify, in writing, Canosa's counsel of this intention, and file any such writing on the docket of this case, redacting any attachments of or substantive references to covered materials. The Court further directs that Weinstein bring this Order to the attention of the court hearing such an application, so that that court can afford Canosa an opportunity to be heard prior to any release of such material. The Court, finally, notes that, unlike in Geiss, the parties to this case have yet to file a proposed protective order governing document discovery. The Court directs the parties to file a proposed protective order governing discovery in this case by Wednesday, May 15, 2019. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 145. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/9/2019) (anc) (Entered: 05/09/2019)
5/7/2019JOINT LETTER addressed to Judge Paul A. Engelmayer from Elior D. Shiloh dated May 7, 2019 re: Joint Letter Re Discovery and Scheduling Order. Document filed by Harvey Weinstein. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Shiloh, Elior) (Entered: 05/07/2019)
4/26/2019
  • Order
ORDER. The Court directs the parties to file a joint case management plan by May 7, 2019, that contemplates the close of document discovery in approximately three months' time. The Court expects counsel in this case to confer and coordinate with counsel in the cases above to assure that document requests are formulated and document review proceeds in a manner that maximally guards against inefficiencies. The Court does not yet authorize deposition discovery, mindful that, depending on the future course of the above litigations, coordinated depositions of certain witnesses may be warranted. The Court's Order authorizing document discovery is without prejudice to the right of defendant Weinstein to object, as he has indicated he may, to demands that he produce documents, on the ground that requiring him to do so may compromise his rights as a defendant in a separate, pending criminal matter. The Court notes, finally, that plaintiff Alexandra Canosa has moved for a protective order with regard to documents recently released by the bankruptcy court. Dkt. 145. As these documents will now presumably form part of discovery in this action, the Court directs the parties to meet and confer so as to negotiate an appropriate global protective order governing all document discovery in this case. A proposed such protective order is due May 7, 2019. If the parties are unable to agree, they are to submit, on May 7, a joint letter setting out the areas of agreement and disagreement as to the terms of a protective order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/26/2019) (rjm) (Entered: 04/29/2019)
4/2/2019JOINT LETTER addressed to Judge Paul A. Engelmayer from Jeremy Hellman dated April 2, 2019 re: Discovery. Document filed by Alexandra Canosa. (Attachments: # 1 Correspondence)(Hellman, Jeremy) (Entered: 04/02/2019)
3/22/2019
  • Order
ORDER: The Court accordingly directs the parties in this case to meet and confer on the issue of what discovery is properly undertaken now in this case, and what discovery is properly deferred until coordination can be accomplished with the above cases to the extent they reach discovery. The Court directs counsel to submit a joint letter, setting forth their views, as concretely and specifically as possible, as to the types and areas of discovery that may sensibly be pursued now in this case. This letter is due Tuesday, April 2, 2019. In this letter, the parties should also set out their current views on the pending motion for a protective order regarding the email communications by plaintiff recently released by the bankruptcy court. Dkt. 145. Separately: the original caption of this case contained many defendants now dismissed by the Court. The Clerk of Court is respectfully directed to amend the caption of this case to reflect the above. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/22/2019) (anc) (Entered: 03/22/2019)
3/1/2019
  • Answerby Δ
ANSWER to 96 Amended Complaint,,,,. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC.(Maatman, Gerald) (Entered: 03/01/2019)
2/25/2019
  • Motion to Extend TimeGranted
ORDER granting 159 Letter Motion for Extension of Time to Answer. Granted. SO ORDERED. (The Weinstein Company Holdings, LLC answer due 3/1/2019.) (Signed by Judge Paul A. Engelmayer on 2/25/2019) (anc) (Entered: 02/25/2019)
2/25/2019
  • Motion to Extend Time to Answerby Δ
LETTER MOTION for Extension of Time to File Answer to the Amended Complaint from 2/25/2019 to 3/1/2019 addressed to Judge Paul A. Engelmayer from Gerald L. Maatman, Jr. dated February 25, 2019. Document filed by The Weinstein Company Holdings, LLC.(Maatman, Gerald) (Entered: 02/25/2019)
2/21/2019
  • Answerby Δ
ANSWER to 96 Amended Complaint,,,,. Document filed by Harvey Weinstein.(Shiloh, Elior) (Entered: 02/21/2019)
2/14/2019
  • Motion to Extend TimeGranted
ORDER granting 156 Letter Motion for Extension of Time to Answer. Granted. Given that this is the same reason given for the previous extension granted by the Court, defendant Harvey Weinstein should not expect further extensions of this deadline. SO ORDERED. (Harvey Weinstein answer due 2/21/2019.) (Signed by Judge Paul A. Engelmayer on 2/14/2019) (anc) (Entered: 02/14/2019)
2/14/2019
  • Motion to Extend Time to Answerby Δ
LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Elior D. Shiloh dated February 14, 2019. Document filed by Harvey Weinstein.(Shiloh, Elior) (Entered: 02/14/2019)
2/12/2019
  • Motion to Extend Time to AnswerGranted
ORDER granting 154 LETTER MOTION for Extension of Time to File Answer to the Amended Complaint addressed to Judge Paul A. Engelmayer from Elior D. Shiloh dated February 11, 2019. Document filed by Harvey Weinstein. Granted. So ordered. Harvey Weinstein answer due 2/14/2019. (Signed by Judge Paul A. Engelmayer on 2/12/2019) (rjm) (Entered: 02/12/2019)
2/11/2019
  • Motion to Extend Time to Answerby Δ
LETTER MOTION for Extension of Time to File Answer to the Amended Complaint addressed to Judge Paul A. Engelmayer from Elior D. Shiloh dated February 11, 2019. Document filed by Harvey Weinstein.(Shiloh, Elior) (Entered: 02/11/2019)
1/28/2019
  • Motion to StayDenied
ORDER denying 123 Motion to Stay. The Court has received Harvey Weinstein's motion to stay this case pending a related criminal proceeding, Dkt. 123, and supporting papers, Dkt. 124-26, Canosa's opposition, Dkt. 138, and Weinstein's reply, Dkt. 143. The Court denies Weinstein's motion as overly broad, without prejudice to Weinstein's right to seek to stay discrete aspects of this litigation (e.g., his deposition) that have the potential to compromise his rights as a criminal defendant. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 123. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/28/2019) (ama) (Entered: 01/28/2019)
1/28/2019
  • Motion to Dismiss (Demurrer)
OPINION AND ORDER: re: 112 MOTION to Dismiss Plaintiff's Amended Complaint filed by Robert Weinstein, 108 JOINT MOTION to Dismiss Plaintiff's Amended Complaint filed by Dirk Ziff, Tim Sarnoff, 119 MOTION to Dismiss Plaintiff's Amended Complaint filed by Richard Koenigsberg, 116 MOTION to Dismiss filed by Jeff Sackman, Lance Maerov, 106 MOTION to Dismiss Plaintiff's Amended Complaint filed by The Weinstein Company, LLC, The Weinstein Company Holdings, LLC. For the foregoing reasons, the Court: dismisses all claims against Robert Weinstein; dismisses all claims against the directors; sustains the sex discrimination claims against the TWC Companies brought under the NYSHRL (claim 8), the NYCHRL (claim 9), as well as the TVPA claim (claim 14), and dismisses all other claims against them; sustains the common-law claims against Harvey Weinstein for battery (claim 1), assault(claim 2), IIED (claim 3 ), sexual assault (claim 6), and false imprisonment (claim 18); sustains the statutory claims against Harvey Weinstein brought under the NYSHRL(claim 8), the NYCHRL (claim 9), the TVPA (claim 13), and California law (claims 16 and 17); and dismisses all other claims against Weinstein. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 106, 108, 112, 116, and 119, and to terminate Robert Weinstein, Dirk Ziff, Tim Sarnoff, Tarak Ben Ammar, Lance Maerov, Richard Koenigsberg, Jeff Sackman, Paul Tudor Jones, and Does 1-10 as defendants. Canosa seeks leave to replead again, see P. Mem. at 25, although she does not recite any new facts that a new complaint, her third, would add. The Court denies Canosa's present request to replead, for two independent reasons. First, after defendants filed their initial motions to dismiss-substantially on the same grounds pursued here-the Court issued an amend or oppose order notifying Canosa of her right to amend and that no further opportunities to amend thereafter would likely be granted. See Dkt. 92. Canosa thereafter filed the AC, on notice that this was her final opportunity to fortify her claims. Second, in seeking-in her opposition brief-leave to replead in the event of dismissals, Canosa has not identified a single additional fact that a new complaint would allege, let alone facts that could close the deficienciesdefendants identified. See P. Mem. at 25. The Court, mindful of the complexity and importance of this matter, will permit Canosa to move for leave to amend, a final time, the existing complaint. If Canosa wishes to pursue this course and is in possession of facts as-yet unplead that could rehabilitate claims dismissed here, she must submit a proposed amended complaint, and a memorandum of law concretely explaining why the newly pled facts cure the previously identified pleading deficiencies. The Court reminds Canosa's counsel that generalized and conclusory allegations will not suffice. In the interest of moving this litigation forward to discovery, any such proposed amended complaintand memorandum of law is due two weeks from the date of this decision. SO ORDERED., Paul Tudor Jones, Richard Koenigsberg, Lance Maerov, Jeff Sackman, Tim Sarnoff, Robert Weinstein, Dirk Ziff, Tarak Ben Ammar and DOES 1-10 terminated. (Signed by Judge Paul A. Engelmayer on 1/28/2019) (ama) (Entered: 01/28/2019)
1/16/2019
  • Order
ORDER terminating 111 Letter Motion for Oral Argument; terminating 115 Letter Motion for Oral Argument; denying 150 Letter Motion for Oral Argument. The Court intends to rule shortly on the pending motions to dismiss, and does not require oral argument. The Court therefore denies this motion. The Clerk of Court is respectfully requested to terminate the motions pending at Dkts. 111, 115 and 150. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/16/2019) (anc) (Entered: 01/16/2019)
1/15/2019
  • Motionby Δ
JOINT LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from Lawrence S. Spiegel, Marvin S. Putnam dated 01/15/2019. Document filed by Tim Sarnoff, Dirk Ziff.(Spiegel, Lawrence) (Entered: 01/15/2019)
1/11/2019
  • Order
ORDER: The Court has received Canosa's motion requesting a protective order that would prevent defendants from using her emails in any public forum in unredacted form. Dkt. 145. As this case has not yet proceeded to discovery, the Court will seek a response from defendants after the Court has ruled on defendants' motions to dismiss. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/11/2019) (anc) (Entered: 01/11/2019)
1/10/2019NOTICE OF APPEARANCE by Brian Pete on behalf of Harvey Weinstein. (Pete, Brian) (Entered: 01/10/2019)
1/10/2019
  • Motion for Protective Orderby Π
MEMORANDUM OF LAW in Support re: 145 MOTION for Protective Order Regarding Email Communications. MOTION for Confidentiality Regarding Email Communications. . Document filed by Alexandra Canosa. (Hellman, Jeremy) (Entered: 01/10/2019)
1/10/2019DECLARATION of Jeremy A. Hellman in Support re: 145 MOTION for Protective Order Regarding Email Communications. MOTION for Confidentiality Regarding Email Communications.. Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hellman, Jeremy) (Entered: 01/10/2019)
1/10/2019
  • Motion for Protective Orderby Π
MOTION for Protective Order Regarding Email Communications., MOTION for Confidentiality Regarding Email Communications. Document filed by Alexandra Canosa.(Hellman, Jeremy) (Entered: 01/10/2019)
1/7/2019DECLARATION of Benjamin Brafman in Support re: 123 MOTION to Stay pending related criminal proceeding.. Document filed by Harvey Weinstein. (Shiloh, Elior) (Entered: 01/07/2019)
1/7/2019
  • Motion to Stayby Δ
REPLY MEMORANDUM OF LAW in Support re: 123 MOTION to Stay pending related criminal proceeding. . Document filed by Harvey Weinstein. (Shiloh, Elior) (Entered: 01/07/2019)
1/4/2019
  • Motion to Extend Time to File ResponseGranted
ORDER granting 141 Letter Motion for Extension of Time to File Response/Reply. Granted. SO ORDERED. (Replies due by 1/7/2019.) (Signed by Judge Paul A. Engelmayer on 1/4/2019) (anc) (Entered: 01/07/2019)
1/4/2019
  • Motion to Extend Time to File Responseby Δ
LETTER MOTION for Extension of Time to File Response/Reply in Support of Motion to Stay addressed to Judge Paul A. Engelmayer from Elior D. Shiloh dated January 4, 2019. Document filed by Harvey Weinstein.(Shiloh, Elior) (Entered: 01/04/2019)
12/14/2018
  • Motion to Extend Time to File ResponseGranted
ORDER granting 139 Letter Motion for Extension of Time to File Response/Reply re 123 MOTION to Stay pending related criminal proceeding. Replies due by 1/4/2019. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/14/2018) (rro) (Entered: 12/14/2018)
12/14/2018
  • Motion to Extend Time to File Responseby Δ
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Paul A. Engelmayer from Elior D. Shiloh dated December 14, 2018. Document filed by Harvey Weinstein.(Shiloh, Elior) (Entered: 12/14/2018)
11/29/2018
  • Motion to Stayby Π
MEMORANDUM OF LAW in Opposition re: 123 MOTION to Stay pending related criminal proceeding. . Document filed by Alexandra Canosa. (Hellman, Jeremy) (Entered: 11/29/2018)
11/28/2018 LETTER addressed to Judge Paul A. Engelmayer from Phyllis Kupferstein dated 10/25/2018 re: Intention to Reply on Previously Filed Motion to Dismiss. Document filed by Harvey Weinstein.(Kupferstein, Phyllis) (Entered: 11/28/2018)
11/28/2018 LETTER addressed to Judge Paul A. Engelmayer from Phyllis Kupferstein dated 10/25/2018 re: Intention to Reply on Previously Filed Motion to Dismiss. Document filed by Robert Weinstein.(Kupferstein, Phyllis) (Entered: 11/28/2018)
11/28/2018***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Phyllis Kupferstein to RE-FILE Document 104 MOTION to Dismiss Court-Ordered Letter to Court Stating Intention to Rely on Previously-Filed Motion to Dismiss. Use the event type Letter found under the event list Other Documents. (db) (Entered: 11/28/2018)
11/15/2018
  • Motion to Dismiss (Demurrer)by Δ
REPLY MEMORANDUM OF LAW in Support re: 119 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Richard Koenigsberg. (Scalzo, John) (Entered: 11/15/2018)
11/15/2018
  • Reply
REPLY MEMORANDUM OF LAW in Support re: 116 MOTION to Dismiss . . Document filed by Lance Maerov, Jeff Sackman. (David, Israel) (Entered: 11/15/2018)
11/15/2018
  • Motion to Dismiss (Demurrer)by Δ
REPLY MEMORANDUM OF LAW in Support re: 112 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Robert Weinstein. (Stein, Gary) (Entered: 11/15/2018)
11/15/2018
  • Motion to Dismiss (Demurrer)by Δ
JOINT REPLY MEMORANDUM OF LAW in Support re: 108 JOINT MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Tim Sarnoff, Dirk Ziff. (Putnam, Marvin) (Entered: 11/15/2018)
11/15/2018
  • Motion to Dismiss (Demurrer)by Δ
REPLY MEMORANDUM OF LAW in Support re: 106 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Maatman, Gerald) (Entered: 11/15/2018)
11/8/2018
  • Motion to Dismiss (Demurrer)by Π
MEMORANDUM OF LAW in Opposition re: 112 MOTION to Dismiss Plaintiff's Amended Complaint., 104 MOTION to Dismiss Court-Ordered Letter to Court Stating Intention to Rely on Previously-Filed Motion to Dismiss., 108 JOINT MOTION to Dismiss Plaintiff's Amended Complaint., 119 MOTION to Dismiss Plaintiff's Amended Complaint., 116 MOTION to Dismiss ., 106 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Alexandra Canosa. (Hellman, Jeremy) (Entered: 11/08/2018)
11/8/2018DECLARATION of Jeremy A. Hellman in Opposition re: 104 MOTION to Dismiss Court-Ordered Letter to Court Stating Intention to Rely on Previously-Filed Motion to Dismiss., 108 JOINT MOTION to Dismiss Plaintiff's Amended Complaint., 119 MOTION to Dismiss Plaintiff's Amended Complaint., 116 MOTION to Dismiss ., 112 MOTION to Dismiss Plaintiff's Amended Complaint., 106 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Decision in Doe v. Weinstein (Ontario), # 2 Exhibit Decision in Noble v. Weinstein, # 3 Exhibit Decision in Huett v. Weinstein, # 4 Exhibit Summons with Notice (Filed))(Hellman, Jeremy) (Entered: 11/08/2018)
11/1/2018
  • Motion to Extend TimeGranted
ORDER granting 127 Letter Motion for Extension of Time. Granted. For avoidance of doubt, pending the Court's resolution of defenant Weinstein's motion for a stay as to himself, this case is not stayed in any respect. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/1/2018) (jca) (Entered: 11/01/2018)
10/31/2018
  • Motion to Extend Timeby Π
CONSENT LETTER MOTION for Extension of Time to respond to motion for stay addressed to Judge Paul A. Engelmayer from Jeremy Hellman dated October 31, 2018. Document filed by Alexandra Canosa.(Hellman, Jeremy) (Entered: 10/31/2018)
10/27/2018
  • Motion to Stayby Δ
MEMORANDUM OF LAW in Support re: 123 MOTION to Stay pending related criminal proceeding. . Document filed by Harvey Weinstein. (Shiloh, Elior) (Entered: 10/27/2018)
10/27/2018DECLARATION of Benjamin Brafman in Support re: 123 MOTION to Stay pending related criminal proceeding.. Document filed by Harvey Weinstein. (Shiloh, Elior) (Entered: 10/27/2018)
10/27/2018DECLARATION of Elior D. Shiloh in Support re: 123 MOTION to Stay pending related criminal proceeding.. Document filed by Harvey Weinstein. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shiloh, Elior) (Entered: 10/27/2018)
10/27/2018
  • Motion to Stayby Δ
MOTION to Stay pending related criminal proceeding. Document filed by Harvey Weinstein.(Shiloh, Elior) (Entered: 10/27/2018)
10/27/2018NOTICE OF APPEARANCE by Elior Daniel Shiloh on behalf of Harvey Weinstein. (Shiloh, Elior) (Entered: 10/27/2018)
10/26/2018
  • Motion to Appear Pro Hac ViceGranted
ORDER FOR ADMISSION PRO HAC VICE granting 72 Motion for Laura R. Washington to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 10/26/2018) (rro) (Entered: 10/26/2018)
10/25/2018
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM OF LAW in Support re: 119 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Richard Koenigsberg. (Scalzo, John) (Entered: 10/25/2018)
10/25/2018
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Richard Koenigsberg.(Scalzo, John) (Entered: 10/25/2018)
10/25/2018 MEMORANDUM OF LAW in Support re: 116 MOTION to Dismiss . . Document filed by Lance Maerov, Jeff Sackman. (David, Israel) (Entered: 10/25/2018)
10/25/2018DECLARATION of Anne S. Aufhauser in Support re: 116 MOTION to Dismiss .. Document filed by Lance Maerov, Jeff Sackman. (Attachments: # 1 Exhibit A - Fortune article)(David, Israel) (Entered: 10/25/2018)
10/25/2018
  • Motion to Dismiss (Demurrer)
MOTION to Dismiss . Document filed by Lance Maerov, Jeff Sackman.(David, Israel) (Entered: 10/25/2018)
10/25/2018
  • Motionby Δ
LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from Gary Stein dated October 25, 2018. Document filed by Robert Weinstein.(Stein, Gary) (Entered: 10/25/2018)
10/25/2018DECLARATION of Gary Stein in Support re: 112 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Robert Weinstein. (Attachments: # 1 Exhibit A)(Stein, Gary) (Entered: 10/25/2018)
10/25/2018
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM OF LAW in Support re: 112 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Robert Weinstein. (Stein, Gary) (Entered: 10/25/2018)
10/25/2018
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Robert Weinstein.(Stein, Gary) (Entered: 10/25/2018)
10/25/2018
  • Motionby Δ
LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from Marvin S. Putnam dated October 25, 2018. Document filed by Tim Sarnoff, Dirk Ziff.(Putnam, Marvin) (Entered: 10/25/2018)
10/25/2018
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM OF LAW in Support re: 108 JOINT MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Tim Sarnoff, Dirk Ziff. (Putnam, Marvin) (Entered: 10/25/2018)
10/25/2018DECLARATION of Marvin S. Putnam in Support re: 108 JOINT MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Tim Sarnoff, Dirk Ziff. (Attachments: # 1 Exhibit A - Amended Complaint)(Putnam, Marvin) (Entered: 10/25/2018)
10/25/2018
  • Motion to Dismiss (Demurrer)by Δ
JOINT MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Tim Sarnoff, Dirk Ziff.(Putnam, Marvin) (Entered: 10/25/2018)
10/25/2018
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM OF LAW in Support re: 106 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. (Maatman, Gerald) (Entered: 10/25/2018)
10/25/2018
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC.(Maatman, Gerald) (Entered: 10/25/2018)
10/25/2018 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Lantern Entertainment, LLC, Other Affiliate Lantern Capital LP for The Weinstein Company Holdings, LLC, The Weinstein Company, LLC. Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC.(Maatman, Gerald) (Entered: 10/25/2018)
10/25/2018 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Court-Ordered Letter to Court Stating Intention to Rely on Previously-Filed Motion to Dismiss. Document filed by Harvey Weinstein.(Kupferstein, Phyllis) Modified on 11/28/2018 (db). (Entered: 10/25/2018)
10/24/2018
  • Motion to FileGranted
ORDER granting 102 Letter Motion for Leave to File Excess Pages. Granted. Defendants Tim Sarnoff and Dirk Ziff may file a single 30-page memorandum of law in support of their motion to dismiss plaintiff's amended complaint. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/23/2018) (anc) (Entered: 10/24/2018)
10/23/2018
  • Motion to Fileby Δ
LETTER MOTION for Leave to File Excess Pages regarding Outside Directors memorandum of law due October 25, 2018 addressed to Judge Paul A. Engelmayer from Marvin S. Putnam dated October 23, 2018. Document filed by Tim Sarnoff, Dirk Ziff.(Putnam, Marvin) (Entered: 10/23/2018)
10/10/2018
  • Motion to Withdraw as CounselGranted
MEMO ENDORSED ORDER granting 99 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. The Clerk's Office is hereby ordered to terminate Aaron M. Schue, Jeffrey D. Brooks, and Mary E. Flynn as counsel of record to defendant Harvey Weinstein. Attorney Aaron Michael Schue; Jeffrey David Brooks and Mary E. Flynn terminated. (Signed by Judge Paul A. Engelmayer on 10/10/2018) (sac) Modified on 2/27/2019 (sac). (Entered: 10/10/2018)
10/9/2018DECLARATION of Mary E. Flynn in Support re: 99 MOTION for Mary E. Flynn, Jeffrey D. Brooks, and Aaron M. Schue to Withdraw as Attorney for Defendant Harvey Weinstein *Corrected*.. Document filed by Harvey Weinstein. (Flynn, Mary) (Entered: 10/09/2018)
10/9/2018
  • Motion to Withdraw as Counselby Δ
MOTION for Mary E. Flynn, Jeffrey D. Brooks, and Aaron M. Schue to Withdraw as Attorney for Defendant Harvey Weinstein *Corrected*. Document filed by Harvey Weinstein. (Attachments: # 1 Certificate of Service)(Flynn, Mary) (Entered: 10/09/2018)
10/9/2018 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 100 Declaration) - DECLARATION of Mary E. Flynn in Support re: 97 MOTION for Mary E. Flynn and Aaron M. Schue to Withdraw as Attorney for Defendant Harvey Weinstein.. Document filed by Harvey Weinstein. (Flynn, Mary) Modified on 10/10/2018 (db). (Entered: 10/09/2018)
10/9/2018 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 99 Motion) - MOTION for Mary E. Flynn and Aaron M. Schue to Withdraw as Attorney for Defendant Harvey Weinstein. Document filed by Harvey Weinstein. (Attachments: # 1 Certificate of Service)(Flynn, Mary) Modified on 10/10/2018 (db). (Entered: 10/09/2018)
10/4/2018
  • Complaintby Π
AMENDED COMPLAINT against Tarak Ben Ammar, DOES 1-10, Richard Koenigsberg, Lance Maerov, Jeff Sackman, Tim Sarnoff, The Weinstein Company Holdings, LLC, The Weinstein Company, LLC, Harvey Weinstein, Robert Weinstein, Dirk Ziff with JURY DEMAND.Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Complaint: People v. Weinstein, Index No. 450293/2018, # 2 Exhibit Complaint: Rehal v. Weinstein, Index No. 151738/2018, # 3 Exhibit Complaint: Huett v. Weinstein, Case No. BC680869, # 4 Exhibit Complaint: Doe v. The Weinstein Company, Case No. 1:18-cv-05414, # 5 Exhibit Complaint: Doe v. The Weinstein Company, Case No. 2:17-cv-08323, # 6 Exhibit Complaint: Dulany v. Miramax, Case No. 1:18-cv-04857, # 7 Exhibit Complaint: Geiss v. The Weinstein Company, Case No. 1:17-cv-09554, # 8 Exhibit Complaint: Judd v. Harvey Weinstein, Case No. 2:18-cv-05724, # 9 Exhibit Complaint: Loman v. Harvey Weinstein, Case No. 2:18-cv-07310, # 10 Exhibit Complaint: Noble v. Harvey Weinstein, Case No. 1:17-cv-09260)(Hellman, Jeremy) (Entered: 10/04/2018)
9/17/2018NOTICE OF APPEARANCE by Karen Yasmine Bitar on behalf of The Weinstein Company Holdings, LLC. (Bitar, Karen) (Entered: 09/17/2018)
9/17/2018NOTICE OF APPEARANCE by Lisa Louise Savadjian on behalf of The Weinstein Company Holdings, LLC. (Savadjian, Lisa) (Entered: 09/17/2018)
9/17/2018NOTICE OF APPEARANCE by Gerald Leonard Maatman, Jr on behalf of The Weinstein Company Holdings, LLC. (Maatman, Gerald) (Entered: 09/17/2018)
9/17/2018
  • Order
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by October 4, 2018. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by October 25, 2018, each defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall file any opposition to the motions to dismiss by October 4, 2018. Defendants' replies, if any, shall be filed by October 11, 2018. At the time any replies are filed, the moving party shall supply the Court with two courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York New York 1007. SO ORDERED. ( Amended Pleadings due by 10/4/2018., Motions due by 10/25/2018., Responses due by 10/4/2018, Replies due by 10/11/2018.) (Signed by Judge Paul A. Engelmayer on 9/17/2018) (rj) (Entered: 09/17/2018)
9/12/2018
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM OF LAW in Support re: 85 MOTION to Dismiss the Complaint with prejudice pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. . Document filed by Richard Koenigsberg. (Scalzo, John) (Entered: 09/12/2018)
9/12/2018
  • Motionby Δ
LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from Gary Stein dated September 12, 2018. Document filed by Robert Weinstein.(Stein, Gary) (Entered: 09/12/2018)
9/12/2018 MEMORANDUM OF LAW in Support re: 88 MOTION to Dismiss . . Document filed by Lance Maerov, Jeff Sackman. (David, Israel) (Entered: 09/12/2018)
9/12/2018
  • Motion to Dismiss (Demurrer)
MOTION to Dismiss . Document filed by Lance Maerov, Jeff Sackman.(David, Israel) (Entered: 09/12/2018)
9/12/2018
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM OF LAW in Support re: 86 MOTION to Dismiss the Complaint. . Document filed by Robert Weinstein. (Stein, Gary) (Entered: 09/12/2018)
9/12/2018
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss the Complaint. Document filed by Robert Weinstein.(Stein, Gary) (Entered: 09/12/2018)
9/12/2018
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss the Complaint with prejudice pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Richard Koenigsberg.(Scalzo, John) (Entered: 09/12/2018)
9/12/2018
  • Motionby Δ
LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from Marvin S. Putnam dated September 12, 2018. Document filed by Tim Sarnoff, Dirk Ziff.(Putnam, Marvin) (Entered: 09/12/2018)
9/12/2018DECLARATION of Marvin S. Putnam in Support re: 81 MOTION to Dismiss the Complaint.. Document filed by Tim Sarnoff, Dirk Ziff. (Attachments: # 1 Exhibit A - Canosa Complaint)(Putnam, Marvin) (Entered: 09/12/2018)
9/12/2018
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM OF LAW in Support re: 81 MOTION to Dismiss the Complaint. . Document filed by Tim Sarnoff, Dirk Ziff. (Putnam, Marvin) (Entered: 09/12/2018)
9/12/2018
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss the Complaint. Document filed by Tim Sarnoff, Dirk Ziff.(Putnam, Marvin) (Entered: 09/12/2018)
9/12/2018
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM OF LAW in Support re: 78 MOTION to Dismiss the Complaint. . Document filed by Harvey Weinstein. (Brooks, Jeffrey) (Entered: 09/12/2018)
9/12/2018DECLARATION of Jeffrey D. Brooks in Support re: 78 MOTION to Dismiss the Complaint.. Document filed by Harvey Weinstein. (Attachments: # 1 Exhibit A - Canosa Complaint)(Brooks, Jeffrey) (Entered: 09/12/2018)
9/12/2018
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss the Complaint. Document filed by Harvey Weinstein.(Brooks, Jeffrey) (Entered: 09/12/2018)
9/12/2018NOTICE OF APPEARANCE by Carly Jeanine Halpin on behalf of Robert Weinstein. (Halpin, Carly) (Entered: 09/12/2018)
9/12/2018NOTICE OF APPEARANCE by Abigail Flynn Coster on behalf of Robert Weinstein. (Coster, Abigail) (Entered: 09/12/2018)
9/12/2018
  • Order
ORDER: Pursuant to this schedule, motions to dismiss for all other defendants are due today, September 12, 2018, and the Court hoped that TWC would be prepared to move on that schedule. A decision by TWC to exercise its statutory right to first file any motion to dismiss on October 10, 2018, as TWC appears to contemplate, could have the regrettable effect of delaying this litigation. At the same time, the Court recognizes that, while the bankruptcy court had orally ordered the stay lifted a week earlier, the formal entry on the docket of an order lifting the stay occurred later (September 10) than had been anticipated. To encourage TWC to expedite the filing of any motion to dismiss and to maximally synchronize the completion of briefing on all motions to dismiss, the Court sets the following schedule for TWC. (All deadlines for all other defendant remain as previously set.) If TWC seeks to have the right to file a reply brief in support of any motion to dismiss, it is to file that motion within two weeks, i.e., by September 26, 2018. The balance of the schedule governing TWC's motion to dismiss would then parallel that for other defendants, with plaintiffs' opposition due October 10, 2018, and defendants' reply due October 24, 2018. If, however, TWC files a motion to dismiss after September 26, 2018, plaintiffs' opposition to TWC's motion to dismiss will be due October 24, 2018, and TWC will not have any right to file a reply brief. SO ORDERED. (Motions due by 9/26/2018. Responses due by 10/24/2018. Replies due by 10/24/2018.) (Signed by Judge Paul A. Engelmayer on 9/12/2018) (anc) Modified on 1/11/2019 (anc). (Entered: 09/12/2018)
9/11/2018 LETTER addressed to Judge Paul A. Engelmayer from Gerald L. Maatman, Jr. dated September 11, 2018 re: Defendant's time to answer or otherwise move to respond Pursuant to 11 U.S.C. Section 108(c)(2). Document filed by The Weinstein Company Holdings, LLC, The Weinstein Company, LLC.(Maatman, Gerald) (Entered: 09/11/2018)
9/11/2018
  • Order
MEMO ENDORSEMENT on re: 71 Letter providing the Court with a copy of the September 10, 2018 order (the "Order") granting the Motion for Relief From Automatic Stay filed in the case styled In re: The Weinstein Company Holdings LLC, No. 18-10601-MFW, filed by Tim Sarnoff. ENDORSEMENT: The Court appreciates counsel's updates. So Ordered. (Signed by Judge Paul A. Engelmayer on 9/11/18) (yv) (Entered: 09/11/2018)
9/11/2018>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 72 MOTION for Laura R. Washington to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15552879. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 09/11/2018)
9/11/2018
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Laura R. Washington to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15552879. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tim Sarnoff. (Attachments: # 1 Affidavit in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Washington, Laura) (Entered: 09/11/2018)
9/10/2018 LETTER addressed to Judge Paul A. Engelmayer from Marvin S. Putnam dated September 10, 2018 re: the September 10, 2018 Order granting the Motion for Relief from Automatic Stay. Document filed by Tim Sarnoff. (Attachments: # 1 Exhibit A- Order Granting Motion for Relief From Automatic Stay)(Putnam, Marvin) (Entered: 09/10/2018)
9/10/2018
  • Order
MEMO ENDORSEMENT on re: 69 Letter, filed by Tim Sarnoff. ENDORSEMENT: The Court appreciates this update. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/10/2018) (anc) (Entered: 09/10/2018)
9/7/2018 LETTER addressed to Judge Paul A. Engelmayer from Marvin S. Putnam dated September 7, 2018 re: the Motion for Relief from Automatic Stay. Document filed by Tim Sarnoff. (Attachments: # 1 Exhibit A- Certification of Counsel Regarding Order Granting Relief from Automatic Stay)(Putnam, Marvin) (Entered: 09/07/2018)
8/30/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/25/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/30/2018)
8/30/2018TRANSCRIPT of Proceedings re: conference held on 7/25/2018 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2018. Redacted Transcript Deadline set for 10/1/2018. Release of Transcript Restriction set for 11/28/2018.(McGuirk, Kelly) (Entered: 08/30/2018)
8/30/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference corrected proceeding held on 7/25/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/30/2018)
8/30/2018TRANSCRIPT of Proceedings re: corrected conference held on 7/25/2018 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2018. Redacted Transcript Deadline set for 10/1/2018. Release of Transcript Restriction set for 11/28/2018.(McGuirk, Kelly) (Entered: 08/30/2018)
8/21/2018
  • Order
MEMO ENDORSEMENT on re: 63 Letter, filed by Tim Sarnoff. The Court thanks counsel for this update. The Court hereby directed that the parties file another update following the September 5, 2018 omnibus hearing before the Bankruptcy Court. (Signed by Judge Paul A. Engelmayer on 8/21/2018) (mro) (Entered: 08/21/2018)
8/16/2018 LETTER addressed to Judge Paul A. Engelmayer from Marvin S. Putnam dated August 16, 2018 re: filing of motion for relief from automatic stay in the case styled In re: The Weinstein Company Holdings LLC, currently pending before the Bankruptcy Court for the District of Delaware. Document filed by Tim Sarnoff. (Attachments: # 1 Exhibit A - Bankruptcy Court Motion Papers)(Putnam, Marvin) (Entered: 08/16/2018)
8/15/2018NOTICE OF APPEARANCE by Jeffrey David Brooks on behalf of Harvey Weinstein. (Brooks, Jeffrey) (Entered: 08/15/2018)
8/8/2018CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting all further proceedings before a Magistrate Judge. This case is to be tried to a jury. The plaintiff has 21 days after service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, in the event Canosa intends to amend her complaint in response to defendants' motions to dismiss, Canosa shall file any amended complaint by October 3, 2018. Further amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of the order resolving the motion to dismiss the complaint. (Amended Pleadings due by 10/3/2018.) All fact discovery shall be completed no later than 120 days after the date of entry of the order of the District Court finally resolving the motion to dismiss the complaint. Fact discovery shall be stayed pending the final resolution of the motion to dismiss the complaint by the District Court. Depositions to be completed by the completion of fact discovery. All expert discovery shall be completed no later than 45 days after the completion of fact discovery. The Final Pretrial Order date is thirty (30) days following the close of fact and expert discovery (whichever is later). By the Final Pretrial Order date, the parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned's Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3). Any motions in limine shall be filed after the close of discovery on or before the Final Pretrial Order date. Counsel for the parties have not yet conferred, but will provide their present best estimate of the length of trial at the time of the exchange of initial disclosures. (Signed by Judge Paul A. Engelmayer on 8/8/2018) (anc) (Entered: 08/08/2018)
8/3/2018PROPOSED CASE MANAGEMENT PLAN. Document filed by Tim Sarnoff. (Putnam, Marvin) (Entered: 08/03/2018)
8/1/2018
  • Order
ORDER: The Court hereby sets the following briefing schedule for defendants' anticipated motion(s) to dismiss. By Wednesday, September 12, 2018, defendants must file their motion(s) to dismiss. As discussed on the record at the July 25 hearing, the Court expects that defendants will have sought - and, the Court hopes, obtained - leave from the automatic stay such that The Wenstein Company LLC and The Weinstein Company Holdings LLC may also so move. Plaintiffs' opposition to any motion(s) to dismiss is due Wednesday, October 10, 2018. Defendants' reply brief is due Wednesday, October 24, 2018. The Court further directs that by Friday, August 3, 2018, the parties jointly submit a proposed case management plan, which, consistent with the Court's discussion with counsel at the July 25, 2018 hearing, should provide for a stay of discovery pending resolution of the anticipated motion(s) to dismiss. SO ORDERED. (Motions due by 9/12/2018. Responses due by 10/10/2018. Replies due by 10/24/2018.) (Signed by Judge Paul A. Engelmayer on 8/1/2018) (anc) (Entered: 08/01/2018)
8/1/2018
  • Motion to RemandDenied
OPINION & ORDER re: 32 MOTION to Remand to State Court filed by Alexandra Canosa. For the foregoing reasons, Canosa's motion to remand this action to state court is denied. The case will now move forward promptly. An order setting a schedule for next steps, consistent with the Court's discussion with counsel at last week's hearing, will issue forthwith. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/1/2018) (anc) (Entered: 08/01/2018)
7/25/2018Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 7/25/2018. Jeremy Hellman present for Plaintiff. Abigail Davis, Oliver Rocos, Marvin Putnam, Jonathan Gordon & Jeffrey Brooks present for Defendants. Court reporter present. (ajs) (Entered: 07/25/2018)
7/23/2018NOTICE OF APPEARANCE by Abigail Elizabeth Davis on behalf of Dirk Ziff. (Davis, Abigail) (Entered: 07/23/2018)
7/20/2018
  • Motion to Appear Pro Hac ViceGranted
ORDER FOR ADMISSION PRO HAC VICE granting 55 Motion for James D. Wareham to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/20/2018) (anc) (Entered: 07/20/2018)
7/20/2018>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 55 MOTION for James D. Wareham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15345446. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 07/20/2018)
7/19/2018
  • Motion to Appear Pro Hac Viceby Δ
MOTION for James D. Wareham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15345446. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lance Maerov, Jeff Sackman. (Attachments: # 1 Declaration of James D. Wareham, # 2 Exhibit A to Wareham Declaration - Certificate of Good Standing from the DC Bar, # 3 Exhibit B to Wareham Declaration - Certificate of Admission to the Bar of Illinois, # 4 Text of Proposed Order)(Wareham, James) (Entered: 07/19/2018)
7/9/2018Set/Reset Hearings: Oral Argument set for 7/25/2018 at 09:30 AM before Judge Paul A. Engelmayer. (anc) (Entered: 07/09/2018)
7/9/2018
  • OrderGranted
ORDER granting 46 Letter Motion for Oral Argument. Granted. The Court hereby schedules oral argument on plaintiff's motion to remand, Dkt. 32, for Wednesday, July 25, 2018, at 9:30 a.m. While the Court of course invites counsel for all parties to attend, the Court expects that argument will be presented by only one attorney for all defendants. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/9/2018) (anc) (Entered: 07/09/2018)
6/28/2018
  • Motion to Remandby Π
REPLY MEMORANDUM OF LAW in Support re: 32 MOTION to Remand to State Court . . Document filed by Alexandra Canosa. (Hellman, Jeremy) (Entered: 06/28/2018)
6/28/2018
  • Motion to Extend TimeGranted
ORDER granting 50 Letter Motion for Extension of Time. Granted. The Court shares the parties' view that a decision on remand ought to precede any motions to dismiss. Accordingly, and upon counsel's representation that all parties consent, the Court adjourns the deadline by which defendants must respond to the complaint sine die. The Court anticipates that it will resolve the pending remand motion promptly after it is fully submitted and, should the Court retain jurisdiction, will then schedule an initial conference and set a schedule for briefing on any motion to dismiss. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/28/2018) (anc) (Entered: 06/28/2018)
6/28/2018
  • Motion to SealGranted
ORDER granting 47 Motion to Seal Document. Granted. Upon the Court's review of Exhibit A to the Declaration of Oliver Rocos, submitted to chambers, the Court agrees that the document is an internal business document that may appropriately be filed under seal. In the event counsel become aware that this document has been publicly disclosed elsewhere or receive guidance from TWCH or its counsel that this document may be publicly disclosed, counsel are to inform the Court and re-file this document publicly. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/28/2018) (anc) (Entered: 06/28/2018)
6/27/2018
  • Motion to Extend Time to Answerby Δ
CONSENT LETTER MOTION for Extension of Time to File Answers or Other Responses to the Complaint addressed to Judge Paul A. Engelmayer from Gary Stein dated June 27, 2018. Document filed by Robert Weinstein.(Stein, Gary) (Entered: 06/27/2018)
6/21/2018NOTICE of Joinder in Opposition to Motion to Remand re: 41 Memorandum of Law in Opposition to Motion. Document filed by Robert Weinstein. (Stein, Gary) (Entered: 06/21/2018)
6/21/2018NOTICE of Defendant Richard Koenigsberg's Joinder to Defendant Tim Sarnoff's Memorandum of Law in Opposition to Plaintiff's Motion to Remand re: 41 Memorandum of Law in Opposition to Motion. Document filed by Richard Koenigsberg. (Scalzo, John) (Entered: 06/21/2018)
6/21/2018
  • Motion to Sealby Δ
LETTER MOTION to Seal Document re: Exhibit A to the declaration of Oliver Rocos addressed to Judge Paul A. Engelmayer from Marvin S. Putnam dated June 21, 2018. Document filed by Tim Sarnoff.(Putnam, Marvin) (Entered: 06/21/2018)
6/21/2018
  • Motionby Δ
LETTER MOTION for Oral Argument with respect to plaintiff's Motion to Remand to State Court addressed to Judge Paul A. Engelmayer from Marvin S. Putnam dated June 21, 2018. Document filed by Tim Sarnoff.(Putnam, Marvin) (Entered: 06/21/2018)
6/21/2018NOTICE of Request for Judicial Notice in Support of Defendant Tim Sarnoff's Opposition to Plaintiff's Motion to Remand re: 32 MOTION to Remand to State Court .. Document filed by Tim Sarnoff. (Attachments: # 1 Exhibit 1 - Engelmayer Order, # 2 Exhibit 2 - Canosa v Ziff Complaint, # 3 Exhibit 3 - Summons with Notice of Commencement of Action, # 4 Exhibit 4 - Amended Summons with Notice of Commencement of Action, # 5 Exhibit 5 - Affidavit of Service upon Tim Sarnoff, # 6 Exhibit 6 - Affidavit of Mailing of Summons to Tim Sarnoff, # 7 Exhibit 7 - Jane Doe Notice of Removal, # 8 Exhibit 8 - Judge Fitzgerald Minute Order, # 9 Exhibit 9 - Geiss Complaint, # 10 Exhibit 10 - Dulany Complaint, # 11 Exhibit 11 - Judge Hellerstein Order, # 12 Exhibit 12 - Debtors Objection to Motion for Relief, # 13 Exhibit 13 - Judge Walrath Order, # 14 Exhibit 14 - Tim Sarnoffs Proof of Claim, # 15 Exhibit 15 - Acknowledgement of Receipt of Tim Sarnoffs Proof of Claim, # 16 Exhibit 16 - Harvey Weinstein Employment Agreement, # 17 Exhibit 17 - Harvey Weinstein Motion, # 18 Exhibit 18 - Jane Doe First Amended Complaint)(Putnam, Marvin) (Entered: 06/21/2018)
6/21/2018NOTICE of Joinder in the Opposition to Plaintiff's Motion to Remand re: 41 Memorandum of Law in Opposition to Motion. Document filed by Harvey Weinstein. (Flynn, Mary) (Entered: 06/21/2018)
6/21/2018NOTICE of JOINDER re: 41 Memorandum of Law in Opposition to Motion. Document filed by Dirk Ziff. (Spiegel, Lawrence) (Entered: 06/21/2018)
6/21/2018DECLARATION of Oliver Rocos in Opposition re: 32 MOTION to Remand to State Court .. Document filed by Tim Sarnoff. (Attachments: # 1 Exhibit A - Excerpts of LLC Agreement, # 2 Exhibit B - PDF of Audio File, # 3 Exhibit C - Transcription of hearing)(Putnam, Marvin) (Entered: 06/21/2018)
6/21/2018
  • Motion to Remandby Δ
MEMORANDUM OF LAW in Opposition re: 32 MOTION to Remand to State Court . . Document filed by Tim Sarnoff. (Putnam, Marvin) (Entered: 06/21/2018)
6/20/2018NOTICE OF APPEARANCE by Michael William Restey, Jr on behalf of Dirk Ziff. (Restey, Michael) (Entered: 06/20/2018)
6/20/2018NOTICE OF APPEARANCE by Lawrence Steve Spiegel on behalf of Dirk Ziff. (Spiegel, Lawrence) (Entered: 06/20/2018)
6/12/2018ORDER granting 37 Letter Motion to Adjourn Conference. Granted. Upon counsel's representation that all parties who have been served consent, the Court hereby adjourns sine die the initial pretrial conference in this case scheduled for June 18, 2018. The Court agrees that such a conference is unnecessary before the Court's resolution of the pending remand motion. In the event the Court denies that motion, the Court will promptly schedule an initial conference. (Signed by Judge Paul A. Engelmayer on 6/11/2018) (mro) (Entered: 06/12/2018)
6/11/2018CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from Marvin S. Putnam dated June 11, 2018. Document filed by Tim Sarnoff.(Putnam, Marvin) (Entered: 06/11/2018)
6/8/2018STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO JAMES DOLAN, ONLY: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that the above-captioned action shall be dismissed without prejudice as to Defendant James Dolan only pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, each party to bear its own costs and fees. SO ORDERED. (James L. Dolan terminated.) (Signed by Judge Paul A. Engelmayer on 6/8/2018) (anc) Modified on 8/21/2018 (tro). (Entered: 06/08/2018)
6/7/2018CERTIFICATE OF SERVICE. Document filed by Alexandra Canosa. (Hellman, Jeremy) (Entered: 06/07/2018)
6/7/2018DECLARATION of Jeremy A. Hellman in Support re: 32 MOTION to Remand to State Court .. Document filed by Alexandra Canosa. (Attachments: # 1 Summons with Notice, # 2 Amended Summons with Notice, # 3 Notice of Suggestion (re Bankruptcy), # 4 Affidavit of Service, # 5 Affidavit of Mailing, # 6 Complaint, # 7 Notice of Removal)(Hellman, Jeremy) (Entered: 06/07/2018)
6/7/2018
  • Motion to Remandby Π
MEMORANDUM OF LAW in Support re: 32 MOTION to Remand to State Court . . Document filed by Alexandra Canosa. (Hellman, Jeremy) (Entered: 06/07/2018)
6/7/2018
  • Motion to Remandby Π
MOTION to Remand to State Court . Document filed by Alexandra Canosa. Return Date set for 7/9/2018 at 09:30 AM.(Hellman, Jeremy) (Entered: 06/07/2018)
6/6/2018
  • Motion to Dismiss (Demurrer)
STIPULATION OF DISMISSAL OF DEFENDANT MARC LASRY: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for Plaintiff Alexandra Canosa and Defendant Marc Lasry, that, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), this action shall be, and hereby is, dismissed without prejudice as to defendant MARC LASRY only, and without costs to either party as against the other. SO ORDERED. (Marc Lasry terminated.) (Signed by Judge Paul A. Engelmayer on 6/5/2018) (anc) (Entered: 06/06/2018)
6/6/2018***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Roberto Finzi for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 30 Stipulation of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km) (Entered: 06/06/2018)
6/5/2018 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Marc Lasry and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Marc Lasry.(Finzi, Roberto) Modified on 6/6/2018 (km). (Entered: 06/05/2018)
6/4/2018 LETTER addressed to Judge Paul A. Engelmayer from Marvin Putnam dated June 4, 2018 re: the Court's Notice of Initial Pretrial Conference, dated May 21, 2018. Document filed by Tim Sarnoff.(Putnam, Marvin) (Entered: 06/04/2018)
6/4/2018Set/Reset Deadlines: Tarak Ben Ammar answer due 7/10/2018; James L. Dolan answer due 7/10/2018; Paul Tudor Jones answer due 7/10/2018; Richard Koenigsberg answer due 7/10/2018; Marc Lasry answer due 7/10/2018; Lance Maerov answer due 7/10/2018; Jeff Sackman answer due 7/10/2018; Tim Sarnoff answer due 7/10/2018; The Weinstein Company Holdings, LLC answer due 7/10/2018; The Weinstein Company, LLC answer due 7/10/2018; Harvey Weinstein answer due 7/10/2018; Robert Weinstein answer due 7/10/2018; Dirk Ziff answer due 7/10/2018. (anc) (Entered: 06/04/2018)
6/4/2018
  • Motion to Extend TimeGranted
ORDER granting 27 Letter Motion for Extension of Time. Granted. The Court appreciates the additional context counsel has provided. Upon counsel's representation that all parties consent, the Court hereby extends the deadline by which defendants must answer or otherwise respond to the complaint in this action to July 10, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/4/2018) (anc) (Entered: 06/04/2018)
6/4/2018
  • Motion to Extend Time to Answerby Δ
CONSENT LETTER MOTION for Extension of Time to File Answer or Other Responses to the Complaint addressed to Judge Paul A. Engelmayer from Gary Stein dated June 4, 2018. Document filed by Robert Weinstein.(Stein, Gary) (Entered: 06/04/2018)
6/4/2018NOTICE OF APPEARANCE by Stephanie Erin Kelly on behalf of Robert Weinstein. (Kelly, Stephanie) (Entered: 06/04/2018)
6/4/2018NOTICE OF APPEARANCE by Brian Theodore Kohn on behalf of Robert Weinstein. (Kohn, Brian) (Entered: 06/04/2018)
6/4/2018NOTICE OF APPEARANCE by Gary Stein on behalf of Robert Weinstein. (Stein, Gary) (Entered: 06/04/2018)
6/4/2018NOTICE OF APPEARANCE by Barry A. Bohrer on behalf of Robert Weinstein. (Bohrer, Barry) (Entered: 06/04/2018)
6/1/2018
  • Motion to Appear Pro Hac ViceGranted
ORDER FOR ADMISSION PRO HAC VICE granting 21 Motion for Phyllis Kupferstein to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/1/2018) (anc) (Entered: 06/01/2018)
6/1/2018>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Phyllis Kupferstein to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 06/01/2018)
5/31/2018
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Phyllis Kupferstein to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Harvey Weinstein. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Kupferstein, Phyllis) (Entered: 05/31/2018)
5/29/2018NOTICE OF APPEARANCE by Jonathan Peter Gordon on behalf of Richard Koenigsberg. (Gordon, Jonathan) (Entered: 05/29/2018)
5/29/2018NOTICE OF APPEARANCE by John Christian Scalzo on behalf of Richard Koenigsberg. (Scalzo, John) (Entered: 05/29/2018)
5/25/2018>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 18 MOTION for Phyllis Kupferstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15116645. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) (Entered: 05/25/2018)
5/24/2018 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Phyllis Kupferstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15116645. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Harvey Weinstein. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Kupferstein, Phyllis) Modified on 5/25/2018 (wb). (Entered: 05/24/2018)
5/24/2018CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference [Dkt. No. 13] served on all parties to the action on May 23, 2018. Service was made by Federal Express delivery. Document filed by Tim Sarnoff. (Bengels, Jessica) (Entered: 05/24/2018)
5/23/2018
  • Motion to Appear Pro Hac ViceGranted
ORDER FOR ADMISSION PRO HAC VICE granting 15 Motion for Joshua G. Hamilton to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 5/23/2018) (anc) (Entered: 05/23/2018)
5/22/2018>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Joshua G. Hamilton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15102093. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) (Entered: 05/22/2018)
5/22/2018
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Joshua G. Hamilton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15102093. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tim Sarnoff. (Attachments: # 1 Affidavit of Joshua G. Hamilton, # 2 Exhibit A- Certificate of Good Standing, # 3 Text of Proposed Order)(Hamilton, Joshua) (Entered: 05/22/2018)
5/21/2018
  • Motion to Extend TimeDenied
ORDER denying 11 Letter Motion for Extension of Time to Answer. Denied. The Court hereby sets defendants' deadline to answer or otherwise respond to the complaint to Friday, June 29, 2018. By separate order, the Court has scheduled an initial pretrial conference in this matter for Monday, June 18, 2018. At that conference, the Court will take up, inter alia, issues including the possible coordination of discovery in this case with discovery in another case filed in this district, 17 Civ. 9554, which appears to present overlapping issues. The Court will also set a briefing schedule for any motions to dismiss. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/21/2018) (anc) (Entered: 05/21/2018)
5/21/2018NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/18/2018 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer; and as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/21/2018) (anc) (Entered: 05/21/2018)
5/16/2018AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Alexandra Canosa. (Attachments: # 1 Exhibit Summons and Complaint)(Hellman, Jeremy) (Entered: 05/16/2018)
5/15/2018
  • Motion to Extend Time to Answer
CONSENT LETTER MOTION for Extension of Time to File Answer or Other Responses to the Complaint (on behalf of all individual defendants served to date) addressed to Judge Paul A. Engelmayer from Israel David dated May 15, 2018. Document filed by Lance Maerov, Jeff Sackman.(David, Israel) (Entered: 05/15/2018)
5/15/2018NOTICE OF APPEARANCE by Israel David on behalf of Jeff Sackman. (David, Israel) (Entered: 05/15/2018)
5/14/2018Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (wb) (Entered: 05/14/2018)
5/14/2018NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 05/14/2018)
5/14/2018CASE DECLINED AS NOT RELATED. Case referred as related to 17cv9554 and declined by Judge Alvin K Hellerstein and returned to wheel for assignment. (wb) (Entered: 05/14/2018)
5/14/2018NOTICE OF APPEARANCE by Aaron Michael Schue on behalf of Harvey Weinstein. (Schue, Aaron) (Entered: 05/14/2018)
5/14/2018NOTICE OF APPEARANCE by Mary E. Flynn on behalf of Harvey Weinstein. (Flynn, Mary) (Entered: 05/14/2018)
5/10/2018CERTIFICATE OF SERVICE of (1) Notice of Removal (with exhibits), dated 5/8/2018; (2) Civil Cover Sheet, dated 5/8/2018; (3) Statement of Relatedness, dated 5/8/2018; (4) Notice of Appearance, dated 5/8/2018; (5) Case Docket Sheet; and (6) SDNY Electronic Case Filing Rules & Instructions served on Plaintiff Alexandra Canosa, Defendants Dirk Ziff, James L. Dolan, Marc Lasry, Lance Maerov, Richard Koenigsberg, The Weinstein Company Holdings, LLC, Robert Weinstein, and Paul Tudor Jones on May 8, 2018. Service was made by Federal Express Overnight Delivery. Document filed by Tim Sarnoff. (Putnam, Marvin) (Entered: 05/10/2018)
5/9/2018NOTICE OF APPEARANCE by Thomas Peter Giuffra on behalf of Alexandra Canosa. (Giuffra, Thomas) (Entered: 05/09/2018)
5/9/2018NOTICE OF APPEARANCE by Jeremy Allan Hellman on behalf of Alexandra Canosa. (Hellman, Jeremy) (Entered: 05/09/2018)
5/8/2018Case Designated ECF. (laq) (Entered: 05/08/2018)
5/8/2018CASE REFERRED TO Judge Alvin K. Hellerstein as possibly related to 17cv9554. (laq) (Entered: 05/08/2018)
5/8/2018CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (laq) (Entered: 05/08/2018)
5/8/2018NOTICE OF APPEARANCE by Marvin S. Putnam on behalf of Tim Sarnoff. (Putnam, Marvin) (Entered: 05/08/2018)
5/8/2018STATEMENT OF RELATEDNESS re: that this action be filed as related to 17-cv-09554 (AKH). Document filed by Tim Sarnoff.(Putnam, Marvin) (Entered: 05/08/2018)
5/8/2018CIVIL COVER SHEET filed. (Putnam, Marvin) (Entered: 05/08/2018)
5/8/2018NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 161254-17. (Filing Fee $ 400.00, Receipt Number 0208-15042681).Document filed by Tim Sarnoff. (Attachments: # 1 Exhibit A- State Court Summons and Complaint, # 2 Exhibit B- State Court Amended Summons with Notice, # 3 Exhibit C- State Court Summons with Notice, # 4 Exhibit D- State Court Notices of Appearance and Demands for Complaint, # 5 Exhibit E- State Court Affidavits of Service, # 6 Exhibit F- State Court Notice of Pendency of Bankruptcy, # 7 Exhibit G- State Court Motion to Dismiss with Stipulation of Withdrawal, # 8 Exhibit H- State Court Order to Show Cause)(Putnam, Marvin) (Entered: 05/08/2018)