Fairstein v. Netflix, Inc. et al

1:20-cv-08042 | New York Southern District Court

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Division Foley Square
Judge Judge P. Kevin Castel
Filed Sept. 29, 2020
Case Flags ECF
Nature of Suit 320 Assault, Libel & Slander
Cause 28:1332lb Diversity-Libel, Assault, Slander
Demand $75,000
Jury Demand Plaintiff
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Filing Date # Docket Text
6/4/2024~Util - Add and Terminate Parties, Stipulation and Order of Voluntary Dismissal
6/4/2024Letter
6/3/2024Memo Endorsement
6/3/2024Memo Endorsement
6/2/2024Letter
6/2/2024Letter
6/1/2024Letter
5/31/2024Letter
5/31/2024Letter
5/31/2024Memo Endorsement
5/31/2024 ORDER: The Court has reviewed the May 31 submission of Henry Klingeman. The Final Pre-Trial Order is an important document governing the conduct of the trial. Unlike a scheduling order that may in the words of Rule 16(b)(4) be modified for "good cause," the Final Pre-Trial Order may only be modified to "prevent manifest injustice." Mr. Klingeman is not listed as trial counsel in the Final Pre-Trial Order. His letter does not indicate the status of the other lawyers listed as trial counsel for plaintiff. Application DENIED without prejudice. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/31/2024) (vfr)
5/23/2024Letter
5/23/2024Pretrial Order
5/23/2024 ORDER: The Court has presided over this action from its commencement, including ruling on a motion to dismiss, a fact-intensive motion for summary judgment, and fact-intensive motions in limine. It has reviewed the parties' submissions, inclu ding the proposed Joint Pre-Trial Order. Exercising the discretion vested in a trial judge under Rule 16 to "establish[] a reasonable limit on the time allowed to present evidence" and to "facilitat[e] in other ways the just, speedy, and inexpensive disposition of the action," Rule 16(c)(2)(O) & (P), Fed. R. Civ. P., the Court sets the following limitations on the presentation of evidence, AS FURTHER SET FORTH HEREIN. Excluding a possible rebuttal case, a witness shall o nly testify once at trial. Accordingly, a party may go beyond the scope of the direct in the cross-examination of a witness, provided that the party has listed the individual as a trial witness. The parties shall meet and confer on deposition desi gnations and objections to designated portions of depositions. The parties may submit hard copy color-coded transcripts to the Court. The Court anticipates ruling on the objections in real time as the deposition is played or read to the jury. The pa rties may contact the Court's law clerk, Mr. Jeff Eldridge, to arrange to upload the Court's courtesy copies of trial exhibits prior to trial. The parties shall have one hard copy set of exhibits in the Courtroom. The Court does not have secure storage facilities. Each party may leave no more than five boxes in the Courtroom at their own risk. The parties shall meet and confer on the loading of all admitted trial exhibits onto a laptop provided by the parties for use by the jury in the course of deliberations, together with an agreed-upon index to the exhibits. The parties shall make arrangements for the playing of the full series at the times ordered by the Court. Pursuant to Rule 615, Fed. R. Evid., the Court ORDERS th at any person who is expected to testify as a witness shall be excluded from the courtroom and precluded from accessing trial testimony until after the witness has completed his or her testimony, except the plaintiff, the two individual defendants and a corporate representative of Netflix who shall be designated prior to trial. The Court further ORDERS that no person shall disclose the content of a trial witnesses testimony to a prospective witness who has not yet testified. Counsel is welc ome to contact the Court's audio-visual staff regarding courtroom technology and may arrange a Courtroom walk-through with the undersigned's Courtroom Deputy. The Court will meet with counsel in Courtroom 11D at 9:15 a.m. on June 10, 2024, immediately prior to the commencement of jury selection. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/23/2024) (vfr)
5/23/2024Letter
5/21/2024 ORDER ON SEALING granting 375 Motion to Seal; withdrawing 380 Motion for Pre-Trial; withdrawing 385 Motion for Confidentiality; withdrawing 238 Motion to Seal; granting 258 Motion to Seal; granting 271 Motion to Seal; granting [279 ] Motion to Seal. The motions will be granted. LEGAL STANDARD. The motions docketed at ECF 238, 380 and 385 are voluntarily withdrawn, and the Clerk is respectfully directed to terminate these motions. The parties' remaining motions to seal are GRANTED. The Clerk is respectfully directed to terminate the motions. (ECF 258, 271, 279, 375.) SO ORDERED. (Signed by Judge P. Kevin Castel on 5/21/2024) (tg)
4/19/2024Letter
4/18/2024Leave to File Document
4/18/2024Miscellaneous Relief
4/11/2024 ORDER: Seven motions for sealing or redaction remain pending in this case. (ECF 238, 258, 271, 279, 375, 380, 385.) Following the Final Pretrial Conference, counsel to both parties indicated that certain of these motions would be withdrawn. Counsel are directed to confer and to file a joint letter no later than April 19, 2024 stating which motions for sealing or redaction are voluntarily dismissed. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/11/2024) (vfr)
3/1/2024 LETTER addressed to Judge P. Kevin Castel from Kara L. Gorycki dated March 1, 2024 re: Robin Swicord Deposition Designations. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1-Robin Swicord Deposition Designations).(Gorycki, Kara) (Entered: 03/01/2024)
2/28/2024 ORDER granting 391 Letter Motion for Extension of Time. Application Granted. So Ordered. Motions due by 3/8/2024. (Signed by Judge P. Kevin Castel on 2/28/2024) (tg) (Entered: 02/28/2024)
2/28/2024 LETTER MOTION for Extension of Time to file motion to seal addressed to Judge P. Kevin Castel from Matthew Leish dated February 28, 2024. Document filed by Penguin Random House LLC..(Leish, Matthew) (Entered: 02/28/2024)
2/27/2024***SELECTED PARTIES***DECLARATION of JACQUELINE A. GIANNINI in Support re: 385 MOTION for Confidentiality - DEFENDANTS' MOTION FOR LEAVE TO MAINTAIN CONFIDENTIALITY OF LIMITED PORTIONS OF EXHIBITS AT TRIAL.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. (Attachments: # 1 Exhibit -3 PX (under seal), # 2 Exhibit -4 DX 683 (under seal), # 3 Exhibit -5 DX 684 (under seal), # 4 Exhibit -6 DX 685 (under seal), # 5 Exhibit -7 DX 674 (under seal), # 6 Exhibit -8 DX 675 (under seal))Motion or Order to File Under Seal: 337 .(Williams, Bart) (Entered: 02/27/2024)
2/27/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 385 MOTION for Confidentiality - DEFENDANTS' MOTION FOR LEAVE TO MAINTAIN CONFIDENTIALITY OF LIMITED PORTIONS OF EXHIBITS AT TRIAL. . Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 337 .(Williams, Bart) (Entered: 02/27/2024)
2/27/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 385 MOTION for Confidentiality - DEFENDANTS' MOTION FOR LEAVE TO MAINTAIN CONFIDENTIALITY OF LIMITED PORTIONS OF EXHIBITS AT TRIAL. . Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 337 .(Williams, Bart) (Entered: 02/27/2024)
2/27/2024DECLARATION of JACQUELINE A. GIANNINI in Support re: 385 MOTION for Confidentiality - DEFENDANTS' MOTION FOR LEAVE TO MAINTAIN CONFIDENTIALITY OF LIMITED PORTIONS OF EXHIBITS AT TRIAL.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1-PX O2, # 2 Exhibit 2- PX W2, # 3 Exhibit 3- PX E3 (redacted), # 4 Exhibit 4- Slip Sheet, # 5 Exhibit 5- Slip Sheet, # 6 Exhibit 6- Slip Sheet, # 7 Exhibit 7- Slip Sheet, # 8 Exhibit 8- Slip Sheet).(Williams, Bart) (Entered: 02/27/2024)
2/27/2024 MEMORANDUM OF LAW in Support re: 385 MOTION for Confidentiality - DEFENDANTS' MOTION FOR LEAVE TO MAINTAIN CONFIDENTIALITY OF LIMITED PORTIONS OF EXHIBITS AT TRIAL. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 02/27/2024)
2/27/2024 MOTION for Confidentiality - DEFENDANTS' MOTION FOR LEAVE TO MAINTAIN CONFIDENTIALITY OF LIMITED PORTIONS OF EXHIBITS AT TRIAL. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 02/27/2024)
2/27/2024***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Support re: 380 MOTION for Pre-Trial To Redact Third-Party Information From Three Trial Exhibits.. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc., Penguin Random House LLC. (Attachments: # 1 Exhibit 1. DX546 -LF00049671, # 2 Exhibit 2. DX556 - LF00036015, # 3 Exhibit 3. DX602 - LF00030473)Motion or Order to File Under Seal: 217 .(Gorycki, Kara) (Entered: 02/27/2024)
2/27/2024DECLARATION of Kara L. Gorycki in Support re: 380 MOTION for Pre-Trial To Redact Third-Party Information From Three Trial Exhibits.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 2. DX556 - LF00036015 REDACTED, # 2 Exhibit 3. DX602 - LF00030473 REDACTED, # 3 Exhibit 4. Opinion _ Why I Quit the Writers Room - The New York Times).(Gorycki, Kara) (Entered: 02/27/2024)
2/27/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 380 MOTION for Pre-Trial To Redact Third-Party Information From Three Trial Exhibits. . Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc., Penguin Random House LLC. Motion or Order to File Under Seal: 217 .(Gorycki, Kara) (Entered: 02/27/2024)
2/27/2024 MEMORANDUM OF LAW in Support re: 380 MOTION for Pre-Trial To Redact Third-Party Information From Three Trial Exhibits. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/27/2024)
2/27/2024 MOTION for Pre-Trial To Redact Third-Party Information From Three Trial Exhibits. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/27/2024)
2/24/2024***SELECTED PARTIES***DECLARATION of Matthew A. Leish in Support re: 375 THIRD PARTY MOTION to Seal Documents Containing Confidential Information.. Document filed by Penguin Random House LLC, Ava DuVernay, Linda Fairstein, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit Ex. A - Letter Agreement, # 2 Exhibit Ex. B - June 6, 2019 email, # 3 Exhibit Ex. C - Bania report excerpts, # 4 Exhibit Ex. D - Kaplan report excerpts, # 5 Exhibit Ex. E - June 7, 2019 email, # 6 Exhibit Ex. F - Excerpts from Defendants' Memorandum of Law, # 7 Exhibit Ex. G - Excerpts from Defendants' Opposition Memorandum)Motion or Order to File Under Seal: 375 .(Leish, Matthew) (Entered: 02/24/2024)
2/24/2024DECLARATION of Matthew A. Leish in Support re: 375 THIRD PARTY MOTION to Seal Documents Containing Confidential Information.. Document filed by Penguin Random House LLC. (Attachments: # 1 Exhibit Ex. A - Letter Agreement (sealed), # 2 Exhibit Ex. B - June 6, 2019 email (redacted), # 3 Exhibit Ex. C - Bania report excerpts (redacted), # 4 Exhibit Ex. D - Kaplan report excerpts (redacted), # 5 Exhibit Ex. E - June 7, 2019 email (redacted), # 6 Exhibit Ex. F - Excerpts from Defendants' Memorandum of Law (redacted), # 7 Exhibit Ex. G - Excerpts from Defendants' Opposition Memorandum (redacted)).(Leish, Matthew) (Entered: 02/24/2024)
2/24/2024DECLARATION of Allison Dobson in Support re: 375 THIRD PARTY MOTION to Seal Documents Containing Confidential Information.. Document filed by Penguin Random House LLC..(Leish, Matthew) (Entered: 02/24/2024)
2/24/2024 MEMORANDUM OF LAW in Support re: 375 THIRD PARTY MOTION to Seal Documents Containing Confidential Information. . Document filed by Penguin Random House LLC..(Leish, Matthew) (Entered: 02/24/2024)
2/24/2024THIRD PARTY MOTION to Seal Documents Containing Confidential Information. Document filed by Penguin Random House LLC..(Leish, Matthew) (Entered: 02/24/2024)
2/22/2024ORDER: The final pretrial conference originally scheduled for March 7, 2024 is adjourned to April 3, 2024 at 2:00 p.m. in Courtroom 11D. SO ORDERED., ( Final Pretrial Conference set for 4/3/2024 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 2/22/2024) (ama) (Entered: 02/22/2024)
2/16/2024PROPOSED PRE-TRIAL ORDER. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit A - Wolff Designations, # 2 Exhibit B - Rossi Designations, # 3 Exhibit C - Plaintiff's Trial Exhibit List, # 4 Exhibit D - Defendants' Trial Exhibit List).(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 MEMORANDUM OF LAW re: 332 Proposed Jury Instructions, 333 Memorandum of Law in Support, . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 293 MOTION in Limine No. 4: Motion In Limine To Exclude Reference To Annotations Provisions Of Contracts. . Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc., Penguin Random House LLC. Motion or Order to File Under Seal: 217 .(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 MEMORANDUM OF LAW in Opposition re: 293 MOTION in Limine No. 4: Motion In Limine To Exclude Reference To Annotations Provisions Of Contracts. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 RESPONSE to Motion re: 313 MOTION in Limine No. 10: Motion In Limine To Exclude Evidence Of Alleged Spoliation. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 MEMORANDUM OF LAW in Opposition re: 310 MOTION in Limine No. 9: Motion In Limine To Exclude Reference To Other Disputes Or Litigation Involving Netflix. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Opposition re: 308 MOTION in Limine No. 8: Motion In Limine To Exclude Preclude Reference To Defendants' Profits And Purported "Financial Motives".. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc., Penguin Random House LLC. (Attachments: # 1 Exhibit A - Emails (DEFS153631-633), # 2 Exhibit B - Netflix Report)Motion or Order to File Under Seal: 217 .(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 308 MOTION in Limine No. 8: Motion In Limine To Exclude Preclude Reference To Defendants' Profits And Purported "Financial Motives". . Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc., Penguin Random House LLC. Motion or Order to File Under Seal: 217 .(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024DECLARATION of Kara L. Gorycki in Opposition re: 308 MOTION in Limine No. 8: Motion In Limine To Exclude Preclude Reference To Defendants' Profits And Purported "Financial Motives".. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit A - Emails (DEFS153631-633), # 2 Exhibit B - Filed Under Seal).(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 MEMORANDUM OF LAW in Opposition re: 308 MOTION in Limine No. 8: Motion In Limine To Exclude Preclude Reference To Defendants' Profits And Purported "Financial Motives". . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 306 MOTION in Limine No. 7: Motion In Limine To Preclude Argument Relying On Netflix's Purported Collective State Of Mind. . Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc., Penguin Random House LLC. Motion or Order to File Under Seal: 217 .(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024DECLARATION of Kara L. Gorycki in Opposition re: 306 MOTION in Limine No. 7: Motion In Limine To Preclude Argument Relying On Netflix's Purported Collective State Of Mind.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit A - Swicord Testimony, # 2 Exhibit B - DEFS145244, # 3 Exhibit C - DEFS169873, # 4 Exhibit D - DEFS153631).(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 MEMORANDUM OF LAW in Opposition re: 306 MOTION in Limine No. 7: Motion In Limine To Preclude Argument Relying On Netflix's Purported Collective State Of Mind. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Opposition re: 298 MOTION in Limine No. 5: Motion In Limine To Exclude Reference To Indemnification.. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc., Penguin Random House LLC. (Attachments: # 1 Exhibit A - Swicord Email Dated June 14, 2019 DEFS163025, # 2 Exhibit B - Deposition of Robin Swicord)Motion or Order to File Under Seal: 217 .(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 298 MOTION in Limine No. 5: Motion In Limine To Exclude Reference To Indemnification. . Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc., Penguin Random House LLC. Motion or Order to File Under Seal: 217 .(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024DECLARATION of Kara L. Gorycki in Opposition re: 298 MOTION in Limine No. 5: Motion In Limine To Exclude Reference To Indemnification.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit A - Swicord Email Dated June 14, 2019 DEFS163025, # 2 Exhibit B - Deposition of Robin Swicord).(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 MEMORANDUM OF LAW in Opposition re: 298 MOTION in Limine No. 5: Motion In Limine To Exclude Reference To Indemnification. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024DECLARATION of Kara L. Gorycki in Opposition re: 285 MOTION in Limine No. 2: Motion To Bifurcate And Exclude Reference To Punitive Damages.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Locke Transcript Excerpt).(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Opposition re: 288 MOTION in Limine No. 3: Omnibus Motion In Limine Regarding Plaintiff's Purported Experts.. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc., Penguin Random House LLC. (Attachments: # 1 Exhibit 1 - Ash-Blond Ambition - The Village Voice, # 2 Exhibit 2 - June 2019 Email, # 3 Exhibit 3 - March 2019 Newberg to Fairstein Email, # 4 Exhibit 4 - Selected Pp Newberg Transcript)Motion or Order to File Under Seal: 217 .(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 288 MOTION in Limine No. 3: Omnibus Motion In Limine Regarding Plaintiff's Purported Experts. . Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc., Penguin Random House LLC. Motion or Order to File Under Seal: 217 .(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024DECLARATION of Kara L. Gorycki in Opposition re: 288 MOTION in Limine No. 3: Omnibus Motion In Limine Regarding Plaintiff's Purported Experts.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Ash-Blond Ambition - The Village Voice, # 2 Exhibit 2 - June 2019 Email, # 3 Exhibit 3 - March 2019 Newberg to Fairstein Email, # 4 Exhibit 4 - Selected Pp Newberg Transcript, # 5 Exhibit 5 - Final Bania Declaration).(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 MEMORANDUM OF LAW in Opposition re: 288 MOTION in Limine No. 3: Omnibus Motion In Limine Regarding Plaintiff's Purported Experts. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 MEMORANDUM OF LAW in Opposition re: 285 MOTION in Limine No. 2: Motion To Bifurcate And Exclude Reference To Punitive Damages. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024DECLARATION of Kara L. Gorycki in Opposition re: 282 MOTION in Limine No. 1: Motion To Have Jury View Series Before Opening Statements.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Dunbar Transcript, # 2 Exhibit 2 - Lederer Transcript, # 3 Exhibit 3 - Clements Transcript, # 4 Exhibit 4 - Ryan Affirmation).(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 MEMORANDUM OF LAW in Opposition re: 282 MOTION in Limine No. 1: Motion To Have Jury View Series Before Opening Statements. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024DECLARATION of Kara L. Gorycki in Opposition re: 315 MOTION in Limine No. 11: Motion In Limine To Preclude Nelson DeMille As A Potential Trial Witness.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - LF00035883).(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 MEMORANDUM OF LAW in Opposition re: 315 MOTION in Limine No. 11: Motion In Limine To Preclude Nelson DeMille As A Potential Trial Witness. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024DECLARATION of Kara L. Gorycki in Opposition re: 303 MOTION in Limine No. 6: Motion In Limine To Exclude Any Third-Party Threats.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - DEFS061790, # 2 Exhibit 2 - DEFS169873, # 3 Exhibit 3(a) - Excerpt from Wolff Transcript, # 4 Exhibit 3(b) - DEFS153979, # 5 Exhibit 4 - DEFS153631, # 6 Exhibit 5 - DEFS145244, # 7 Exhibit 6 - DEFS153803, # 8 Exhibit 7 - LF00046408, # 9 Exhibit 8 - DEFS177533, # 10 Exhibit 9 - LF00046339, # 11 Exhibit 10 - DEFS177542, # 12 Exhibit 11 - DEFS145532, # 13 Exhibit 12 - DEFS146916, # 14 Exhibit 13 - LF00038675, # 15 Exhibit 14 - LF00038120, # 16 Exhibit 15 - DEFS176145, # 17 Exhibit 16 - DEFS176133-140, # 18 Exhibit 17 - Excerpt from Fairstein Transcript, # 19 Exhibit 18 - LF00050705).(Gorycki, Kara) (Entered: 02/16/2024)
2/16/2024 MEMORANDUM OF LAW in Opposition re: 303 MOTION in Limine No. 6: Motion In Limine To Exclude Any Third-Party Threats. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/16/2024)
2/15/2024MEMO ENDORSEMENT: on re: 343 Letter filed by Penguin Random House LLC. ENDORSEMENT: The standard for sealing trial evidence is high. Counsel should explore with counsel for the parties the use of redacted documents. If thenon-party seeks to seal trial exhibits, it shall make an evidentiary showing of why and a legal showing that sealing is warranted under existing law. It should explain how this could be accomplished at a public trial. What restrictions would be placed on oral references? What restrictions would be placed on jurors? The motion is due 14 days after the filing of a proposed joint pretrial order. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/15/2024) (ama) (Entered: 02/15/2024)
2/14/2024 LETTER addressed to Judge P. Kevin Castel from Matthew Leish dated February 14, 2024 re: non-party Penguin Random House's anticipated motions to seal. Document filed by Penguin Random House LLC..(Leish, Matthew) (Entered: 02/14/2024)
2/14/2024NOTICE OF APPEARANCE by Matthew Aaron Leish on behalf of Penguin Random House LLC..(Leish, Matthew) (Entered: 02/14/2024)
2/12/2024ORDER: granting 340 Letter Motion for Leave to File Excess Pages. Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/12/2024) (ama) (Entered: 02/12/2024)
2/12/2024 LETTER MOTION for Leave to File Excess Pages in Opposition to Defendants' Motion in Limine No. 3 addressed to Judge P. Kevin Castel from Kara L. Gorycki dated February 12, 2024. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/12/2024)
2/7/2024NOTICE OF APPEARANCE by Nicole Oliver Swanson on behalf of Ava DuVernay, Attica Locke, Netflix Inc...(Swanson, Nicole) (Entered: 02/07/2024)
2/7/2024NOTICE OF APPEARANCE by Qian Jennifer Yang on behalf of Ava DuVernay, Attica Locke, Netflix Inc...(Yang, Qian) (Entered: 02/07/2024)
2/1/2024Set/Reset Deadlines: Motions due by 2/27/2024. (ama) (Entered: 02/01/2024)
2/1/2024ORDER: granting 336 Letter Motion for Extension of Time to File. Time to file motion to seal trial evidence extended to February 27, 2024. The burden of sealing evidence to be presented to a jury in deciding a controversy of public interest is high. The parties are of course welcome to seek leave to present redacted exhibits, in which event the non-redacted portions are not trial evidence. The parties should address how sealed evidence is to be addressed in a public courtroom. In the absence of controlling Supreme Court or Circuit authority, the Court requests citations to district court rulings addressing sealed evidence presented to a jury in a civil case. SO ORDERED.. (Signed by Judge P. Kevin Castel on 2/01/2024) (ama) (Entered: 02/01/2024)
1/31/2024JOINT LETTER MOTION for Extension of Time to File parties' respective Motions to Seal Confidential Information at Trial addressed to Judge P. Kevin Castel from Bart H. Williams and Kara L. Gorycki dated January 31, 2024. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/31/2024)
1/19/2024NOTICE of Proposed Special Verdict Form. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024PROPOSED VOIR DIRE QUESTIONS. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 332 Proposed Jury Instructions (Memorandum In Response To Plaintiff's Proposed Jury Instructions And In Support Of Certain Requested Instructions). Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024PROPOSED JURY INSTRUCTIONS. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES***DECLARATION of Seetha Ramachandran in Opposition re: 265 MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. (Attachments: # 1 Exhibit 1 - Kaplan Report, # 2 Exhibit 2 - Bania Report, # 3 Exhibit 3 - Bania Deposition Ex. 5, # 4 Exhibit 4 - David Kaplan Deposition Excerpts, # 5 Exhibit 5 - Douglas Bania Deposition Excerpts, # 6 Exhibit 6 - Bania Deposition Ex. 6, # 7 Exhibit 7 - Fisher Supplemental Expert Report, # 8 Exhibit 8 - Robert Fisher Deposition Excerpts)Motion or Order to File Under Seal: 105 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 265 MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan. . Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 105 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Seetha Ramachandran in Opposition re: 265 MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Kaplan Report (Redacted), # 2 Exhibit 2 - (Filed Under Seal), # 3 Exhibit 3 - Bania Deposition Ex. 5, # 4 Exhibit 4 - David Kaplan Deposition Excerpts, # 5 Exhibit 5 - Douglas Bania Deposition Excerpts, # 6 Exhibit 6 - (Filed Under Seal), # 7 Exhibit 7 - Fisher Supplemental Expert Report (Redacted), # 8 Exhibit 8 - Robert Fisher Deposition Excerpts).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Opposition re: 265 MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES***DECLARATION of Seetha Ramachandran in Opposition re: 261 MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. (Attachments: # 1 Exhibit 1 - Freinberg Expert Report, # 2 Exhibit 2 - Anthony Freinberg Deposition Excerpts, # 3 Exhibit 3 - Robert Fisher Deposition Excerpts, # 4 Exhibit 4 - Fisher Supplemental Expert Report, # 5 Exhibit 5 - Linda Fairstein Deposition Excerpts)Motion or Order to File Under Seal: 105 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Seetha Ramachandran in Opposition re: 261 MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Freinberg Expert Report (Redacted), # 2 Exhibit 2 - Anthony Freinberg Deposition Excerpts, # 3 Exhibit 3 - Robert Fisher Deposition Excerpts, # 4 Exhibit 4 - Fisher Supplemental Expert Report (Redacted), # 5 Exhibit 5 - Linda Fairstein Deposition Excerpts).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Opposition re: 261 MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Opposition re: 233 MOTION in Limine for the Production of Defendants' Financial Records Before Trial. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Opposition re: 245 MOTION in Limine to Preclude Berry Welsh from Testifying about Irrelevant and Prejudicial Topics at Trial. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Opposition re: 235 MOTION in Limine for A Limiting Instruction Concerning Defendants' Research Materials. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES***DECLARATION of Seetha Ramachandran in Opposition re: 230 MOTION in Limine Omnibus Motion in Limine.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. (Attachments: # 1 Exhibit 1 - DuVernay Deposition Excerpt, # 2 Exhibit 2 - Lederer Dep Excerpt, # 3 Exhibit 3 - 5.30.19 Email, # 4 Exhibit 4 - Lederer Opening Statement, # 5 Exhibit 5 - PX G2 Excerpt, # 6 Exhibit 6 - Locke Deposition Excerpts, # 7 Exhibit 7 - Ryan Affirmation, # 8 Exhibit 8 - Burns Book Excerpts, # 9 Exhibit 9 - Raymond Interview Excerpt, # 10 Exhibit 10 - Warren Interview, # 11 Exhibit 11 - DEFS177034, J. Leland NYT Article re Morgenthau, # 12 Exhibit 12 - DEFS093599, # 13 Exhibit 13 - DEFS177172, Transcript of Fairstein Interview on Imus in the Morning, # 14 Exhibit 14 - Sexual Violence Book Excerpt, # 15 Exhibit 15 - DEFS178148, # 16 Exhibit 16 - DEFS178059, # 17 Exhibit 17 - Fairstein Deposition Excerpts, # 18 Exhibit 18 - Newberg Deposition Excerpts, # 19 Exhibit 19 - LF00040355, # 20 Exhibit 20 - SH 000010-12, # 21 Exhibit 21 - VC00000263, # 22 Exhibit 22 - DEFS177163, L. Fairstein New York Law Journal, # 23 Exhibit 23 - WSJ Op-Ed, # 24 Exhibit 24 - Fisher Excerpt, # 25 Exhibit 25 - LF00045290, # 26 Exhibit 26 - LF00000069, # 27 Exhibit 27 - LF00030357, # 28 Exhibit 28 - Freinberg Excerpt, # 29 Exhibit 29 - DEFS177775, M. Twohey NYT Article re Weinstein 2017, # 30 Exhibit 30 - DEFS177781, B. Golding NY Post Article re Weinstein 2017, # 31 Exhibit 31 - DEFS177791, NPR Media re Weinstein 2017, # 32 Exhibit 32 - DEFS177805, D. Li Page Six Article re Weinstein 2018, # 33 Exhibit 33 - DEFS177808, K. Dobie NY Magazine Article re Weinstein 2018, # 34 Exhibit 34 - VC00000219, # 35 Exhibit 35 - LF00038477, Color of Change Petition, # 36 Exhibit 36 - DEFS177854, G. Maddaus Variety Article re Weinstein 2019, # 37 Exhibit 37 - DEFS177867, R. Minutaglio Article re Weinstein 2019, # 38 Exhibit 38 - DEFS177848, M. Garber Atlantic Article re Weinstein 2019, # 39 Exhibit 39 - DEFS177884,Esquire Article re Weinstein, # 40 Exhibit 40 - Bania Deposition Excerpts, # 41 Exhibit 41 - LF00036015, # 42 Exhibit 42 - LF00000033, # 43 Exhibit 43 - LF00035861, # 44 Exhibit 44 - LEDERER01218, # 45 Exhibit 45 - LEDERER01274, # 46 Exhibit 46 - LF00035982, # 47 Exhibit 47 - Central Park Jogger Website, # 48 Exhibit 48 - LF00036279, # 49 Exhibit 49 - LF00045601, # 50 Exhibit 50 - Today Show Statement, # 51 Exhibit 51 - LF00040235, # 52 Exhibit 52 - LF00038059 - PX H7 - Tweet Compilation, # 53 Exhibit 53 - LF00038081 - PX J7 - Tweet Compilation, # 54 Exhibit 54 - LF00038120 - PX I7 - Twitter Compilation)Motion or Order to File Under Seal: 217 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 230 MOTION in Limine Omnibus Motion in Limine. . Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 217 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Seetha Ramachandran in Opposition re: 230 MOTION in Limine Omnibus Motion in Limine.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1- DuVernay Deposition Excerpt, # 2 Exhibit 2 - Lederer Dep Excerpt (Filed Under Seal), # 3 Exhibit 3 - 5.30.19 Email (Filed Under Seal), # 4 Exhibit 4 - Lederer Opening Statement, # 5 Exhibit 5 - PX G2 Excerpt, # 6 Exhibit 6 - Locke Deposition Excerpts, # 7 Exhibit 7 - Ryan Affirmation, # 8 Exhibit 8 - Burns Book Excerpts, # 9 Exhibit 9 - Raymond Interview Excerpt, # 10 Exhibit 10 - Warren Interview, # 11 Exhibit 11 - Leland Article, # 12 Exhibit 12 - DEFS093599, # 13 Exhibit 13 - Imus Transcript, # 14 Exhibit 14 - Sexual Violence Book Excerpt, # 15 Exhibit 15 - DEFS178148, # 16 Exhibit 16 - DEFS178059, # 17 Exhibit 17 - Fairstein Deposition Excerpts (Redacted), # 18 Exhibit 18 - Newberg Deposition Excerpts, # 19 Exhibit 19 - LF00040355, # 20 Exhibit 20 - SH 000010-12, # 21 Exhibit 21 - VC00000263 (Redacted), # 22 Exhibit 22 - L. Fairstein New York Law Journal, # 23 Exhibit 23 - WSJ Op-Ed, # 24 Exhibit 24 - Fisher Excerpt, # 25 Exhibit 25 - LF00045290 (Redacted), # 26 Exhibit 26 - LF00000069 (Redacted), # 27 Exhibit 27 - LF00030357 (Redacted), # 28 Exhibit 28 - Freinberg Excerpt, # 29 Exhibit 29 - DEFS177775, M. Twohey NYT Article re Weinstein 2017, # 30 Exhibit 30 - DEFS177781, B. Golding NY Post Article re Weinstein 2017, # 31 Exhibit 31 - DEFS177791, NPR Media re Weinstein 2017, # 32 Exhibit 32 - DEFS177805, D. Li Page Six Article re Weinstein 2018, # 33 Exhibit 33 - DEFS177808, K. Dobie NY Magazine Article re Weinstein 2018, # 34 Exhibit 34 - VC00000219 (Redacted), # 35 Exhibit 35 - LF00038477, Color of Change Petition, # 36 Exhibit 36 - DEFS177854, G. Maddaus Variety Article re Weinstein 2019, # 37 Exhibit 37 - DEFS177867, R. Minutaglio Article re Weinstein 2019, # 38 Exhibit 38 - DEFS177848, M. Garber Atlantic Article re Weinstein 2019, # 39 Exhibit 39 - DEFS177884,Esquire Article re Weinstein, # 40 Exhibit 40 - Bania Deposition Excerpts, # 41 Exhibit 41 - LF00036015 (Redacted), # 42 Exhibit 42 - LF00000033 (Redacted), # 43 Exhibit 43 - LF00035861 (Redacted), # 44 Exhibit 44 - LEDERER01218 (Redacted), # 45 Exhibit 45 - LEDERER01274 (Redacted), # 46 Exhibit 46 - LF00035982 (Redacted), # 47 Exhibit 47 - Central Park Jogger Website, # 48 Exhibit 48 - LF00036279 (Redacted), # 49 Exhibit 49 - LF00045601, # 50 Exhibit 50 - Today Show Statement, # 51 Exhibit 51 - LF00040235, # 52 Exhibit 52 - LF00038059 - PX H7 - Tweet Compilation, # 53 Exhibit 53 - LF00038081 - PX J7 - Tweet Compilation, # 54 Exhibit 54 - LF00038120 - PX I7 - Twitter Compilation).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Opposition re: 230 MOTION in Limine Omnibus Motion in Limine. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Seetha Ramachandran in Support re: 315 MOTION in Limine No. 11: Motion In Limine To Preclude Nelson DeMille As A Potential Trial Witness.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Pltf. Amended Initial Disclosures, # 2 Exhibit 2 - Compilation of Mystery Writers Emails).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 315 MOTION in Limine No. 11: Motion In Limine To Preclude Nelson DeMille As A Potential Trial Witness. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION in Limine No. 11: Motion In Limine To Preclude Nelson DeMille As A Potential Trial Witness. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 313 MOTION in Limine No. 10: Motion In Limine To Exclude Evidence Of Alleged Spoliation. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION in Limine No. 10: Motion In Limine To Exclude Evidence Of Alleged Spoliation. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Seetha Ramachandran in Support re: 310 MOTION in Limine No. 9: Motion In Limine To Exclude Reference To Other Disputes Or Litigation Involving Netflix.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Dunbar Transcript 17-18).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 310 MOTION in Limine No. 9: Motion In Limine To Exclude Reference To Other Disputes Or Litigation Involving Netflix. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION in Limine No. 9: Motion In Limine To Exclude Reference To Other Disputes Or Litigation Involving Netflix. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 308 MOTION in Limine No. 8: Motion In Limine To Exclude Preclude Reference To Defendants' Profits And Purported "Financial Motives". . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION in Limine No. 8: Motion In Limine To Exclude Preclude Reference To Defendants' Profits And Purported "Financial Motives". Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 306 MOTION in Limine No. 7: Motion In Limine To Preclude Argument Relying On Netflix's Purported Collective State Of Mind. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION in Limine No. 7: Motion In Limine To Preclude Argument Relying On Netflix's Purported Collective State Of Mind. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Seetha Ramachandran in Support re: 303 MOTION in Limine No. 6: Motion In Limine To Exclude Any Third-Party Threats.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Fairstein Transcript - 380-381, # 2 Exhibit 2 - Pltf. Amended Resps. and Objs. to Netflix Rog No. 13, # 3 Exhibit 3 - PX J7; LF00038081, # 4 Exhibit 4 - Fisher Report Excerpt, # 5 Exhibit 5 - Lederer Transcript 186, # 6 Exhibit 6 - Declaration of Elizabeth Lederer, # 7 Exhibit 7 - Clements Transcript - 83-84).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 303 MOTION in Limine No. 6: Motion In Limine To Exclude Any Third-Party Threats. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION in Limine No. 6: Motion In Limine To Exclude Any Third-Party Threats. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES***DECLARATION of Seetha Ramachandran in Support re: 298 MOTION in Limine No. 5: Motion In Limine To Exclude Reference To Indemnification.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. (Attachments: # 1 Exhibit 1 - DuVernay Loanout Agreement, # 2 Exhibit 2 - Locke Loanout Agreement, # 3 Exhibit 3 - DuVernay Certificate of Authorship, # 4 Exhibit 4 - Locke Certificate of Authorship, # 5 Exhibit 5 - Dunbar Transcript)Motion or Order to File Under Seal: 217 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 298 MOTION in Limine No. 5: Motion In Limine To Exclude Reference To Indemnification. . Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 217 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Seetha Ramachandran in Support re: 298 MOTION in Limine No. 5: Motion In Limine To Exclude Reference To Indemnification.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - (Filed Under Seal), # 2 Exhibit 2 - (Filed Under Seal), # 3 Exhibit 3 - (Filed Under Seal), # 4 Exhibit 4 - (Filed Under Seal), # 5 Exhibit 5 - (Filed Under Seal)).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 298 MOTION in Limine No. 5: Motion In Limine To Exclude Reference To Indemnification. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION in Limine No. 5: Motion In Limine To Exclude Reference To Indemnification. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES***DECLARATION of Seetha Ramachandran in Support re: 293 MOTION in Limine No. 4: Motion In Limine To Exclude Reference To Annotations Provisions Of Contracts.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. (Attachments: # 1 Exhibit 1 - DuVernay Loanout Agreement, # 2 Exhibit 2 - Locke Loanout Agreement, # 3 Exhibit 3 - Netflix Resps. and Objs. to 4th Set of Rogs, # 4 Exhibit 4 - Engel Deposition Excerpt)Motion or Order to File Under Seal: 217 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 293 MOTION in Limine No. 4: Motion In Limine To Exclude Reference To Annotations Provisions Of Contracts. . Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 217 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Seetha Ramachandran in Support re: 293 MOTION in Limine No. 4: Motion In Limine To Exclude Reference To Annotations Provisions Of Contracts.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - DuVernay Loanout Agreement (Filed Under Seal), # 2 Exhibit 2 - Locke Loanout Agreement (Filed Under Seal), # 3 Exhibit 3 - Netflix Resps. and Objs. to 4th Set of Rogs, # 4 Exhibit 4 - Engel Deposition Excerpt).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 293 MOTION in Limine No. 4: Motion In Limine To Exclude Reference To Annotations Provisions Of Contracts. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION in Limine No. 4: Motion In Limine To Exclude Reference To Annotations Provisions Of Contracts. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES***DECLARATION of Seetha Ramachandran in Support re: 288 MOTION in Limine No. 3: Omnibus Motion In Limine Regarding Plaintiff's Purported Experts.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. (Attachments: # 1 Exhibit 1 - Fisher Supplemental Expert Report, # 2 Exhibit 2 - Robert Fisher Deposition Excerpts, # 3 Exhibit 3 - Bania Report, # 4 Exhibit 4 - Douglas Bania Deposition Excerpts, # 5 Exhibit 5 - Bania Deposition Ex. 6, # 6 Exhibit 6 - Christine Ball Deposition Excerpts, # 7 Exhibit 7 - Bania Deposition Ex. 10, # 8 Exhibit 8 - Zinn v. City Scottsdale 2.7.2020 Order)Motion or Order to File Under Seal: 105 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 288 MOTION in Limine No. 3: Omnibus Motion In Limine Regarding Plaintiff's Purported Experts. . Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 105 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Seetha Ramachandran in Support re: 288 MOTION in Limine No. 3: Omnibus Motion In Limine Regarding Plaintiff's Purported Experts.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Fisher Supplemental Expert Report (Redacted), # 2 Exhibit 2 - Robert Fisher Deposition Excerpts, # 3 Exhibit 3 - (Filed Under Seal), # 4 Exhibit 4 - Douglas Bania Deposition Excerpts (Redacted), # 5 Exhibit 5 - (Filed Under Seal), # 6 Exhibit 6 - (Filed Under Seal), # 7 Exhibit 7 - (Filed Under Seal), # 8 Exhibit 8 - Zinn v. City Scottsdale 2.7.2020 Order).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 288 MOTION in Limine No. 3: Omnibus Motion In Limine Regarding Plaintiff's Purported Experts. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION in Limine No. 3: Omnibus Motion In Limine Regarding Plaintiff's Purported Experts. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Seetha Ramachandran in Support re: 285 MOTION in Limine No. 2: Motion To Bifurcate And Exclude Reference To Punitive Damages.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - DuVernay Deposition Excerpt, # 2 Exhibit 2 - Locke Deposition Excerpt).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 285 MOTION in Limine No. 2: Motion To Bifurcate And Exclude Reference To Punitive Damages. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION in Limine No. 2: Motion To Bifurcate And Exclude Reference To Punitive Damages. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Seetha Ramachandran in Support re: 282 MOTION in Limine No. 1: Motion To Have Jury View Series Before Opening Statements.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Masson Motion in Limine).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MEMORANDUM OF LAW in Support re: 282 MOTION in Limine No. 1: Motion To Have Jury View Series Before Opening Statements. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION in Limine No. 1: Motion To Have Jury View Series Before Opening Statements. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/19/2024***SELECTED PARTIES***DECLARATION of Jaqueline A. Giannini in Support re: 279 MOTION to Seal Confidential Information.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. (Attachments: # 1 Exhibit 1 - Freinberg Expert Report, # 2 Exhibit 2 - Fisher Supplemental Expert Report, # 3 Exhibit 3 - Bania Report, # 4 Exhibit 4 - Kaplan Report, # 5 Exhibit 5 - Bania Deposition Ex. 6, # 6 Exhibit 6 - Christine Ball Deposition Excerpts, # 7 Exhibit 7 - Bania Deposition Ex. 10, # 8 Exhibit 8 - Douglas Bania Deposition Excerpts, # 9 Exhibit 9 - VC00000263, # 10 Exhibit 10 - VC00000219, # 11 Exhibit 11 - DuVernay Certificate of Authorship)Motion or Order to File Under Seal: 105 .(Williams, Bart) (Entered: 01/19/2024)
1/19/2024DECLARATION of Jacqueline A. Giannini in Support re: 279 MOTION to Seal Confidential Information.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Freinberg Expert Report (Redacted), # 2 Exhibit 2 - Fisher Supplemental Expert Report (Redacted), # 3 Exhibit 3 - (Filed Under Seal), # 4 Exhibit 4 - Kaplan Report (Redacted), # 5 Exhibit 5 - (Filed Under Seal), # 6 Exhibit 6 - (Filed Under Seal), # 7 Exhibit 7 - (Filed Under Seal), # 8 Exhibit 8 - Douglas Bania Deposition Excerpts (Redacted), # 9 Exhibit 9 - VC00000263 (Redacted), # 10 Exhibit 10 - VC00000219 (Redacted), # 11 Exhibit 11 - (Filed Under Seal)).(Williams, Bart) (Entered: 01/19/2024)
1/19/2024 MOTION to Seal Confidential Information. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/19/2024)
1/18/2024Set/Reset Hearings: Jury Trial set for 6/10/2024 at 09:30 AM before Judge P. Kevin Castel. (mml) (Entered: 01/18/2024)
1/18/2024 ORDER terminating 275 Letter Motion for Extension of Time. The trial of this action is rescheduled as first back-up trial to United States v. Ducuara, 23 cr 432 (PKC), for June 10, 2024 at 9:30 a.m. The letter motion (ECF 275) is terminated. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/18/2024) (mml) (Entered: 01/18/2024)
1/16/2024LETTER REPLY to Response to Motion addressed to Judge P. Kevin Castel from Bart H. Williams dated January 16, 2024 re: 275 LETTER MOTION for Extension of Time re Request to Reset Trial Date addressed to Judge P. Kevin Castel from Bart H. Williams dated January 15, 2024. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/16/2024)
1/16/2024 LETTER addressed to Judge P. Kevin Castel from Kara L. Gorycki dated January 16, 2024 re: Objection to Defendants Request to Adjourn Trial Date. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/16/2024)
1/15/2024 LETTER MOTION for Extension of Time re Request to Reset Trial Date addressed to Judge P. Kevin Castel from Bart H. Williams dated January 15, 2024. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 01/15/2024)
1/12/2024 MEMORANDUM OF LAW in Support re: 271 MOTION to Seal Confidential Information Contained in Defendants' Pre-Trial Filings. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/12/2024)
1/12/2024***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Support re: 271 MOTION to Seal Confidential Information Contained in Defendants' Pre-Trial Filings.. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - SEAL LF00036279, # 2 Exhibit 2 - SEAL LF00030357, # 3 Exhibit 3 - SEAL LF00000069, # 4 Exhibit 4 - SEAL LF00045290)Motion or Order to File Under Seal: 271 .(Gorycki, Kara) (Entered: 01/12/2024)
1/12/2024DECLARATION of Kara L. Gorycki in Support re: 271 MOTION to Seal Confidential Information Contained in Defendants' Pre-Trial Filings.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - REDACTED LF00036279, # 2 Exhibit 2 - REDACTED LF00030357, # 3 Exhibit 3 - REDACTED LF00000069, # 4 Exhibit 4 - REDACTED LF00045290).(Gorycki, Kara) (Entered: 01/12/2024)
1/12/2024 MOTION to Seal Confidential Information Contained in Defendants' Pre-Trial Filings. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/12/2024)
1/11/2024 ORDER: The trial of this action will commence on May 6, 2024 at 9:30 a.m. in Courtroom llD of the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, NY. Jury Trial set for 5/6/2024 at 09:30 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 1/10/2024) (rro) (Entered: 01/11/2024)
1/10/2024***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 265 MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan. . Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. Motion or Order to File Under Seal: 258 .(Gorycki, Kara) (Entered: 01/10/2024)
1/10/2024 MEMORANDUM OF LAW in Support re: 265 MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/10/2024)
1/10/2024***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Support re: 265 MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan.. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Expert Report of Doug Bania, dated June 17, 2022, # 2 Exhibit 2 - Declaration of Linda Fairstein, dated June 29, 2020, # 3 Exhibit 3 - Kaplan Rebuttal Report, # 4 Exhibit 4 - Transcript of the deposition of David P. Kaplan, dated October 7, 2022, # 5 Exhibit 5 - Excerpt from the Supplemental Expert Report of Robert J. Fisher, # 6 Exhibit 6 - Gray, Robert P., et al., Chapter 11, # 7 Exhibit 7 - Litigation Services Handbook. The Role of the Financial Expert, # 8 Exhibit 8 - Econometrics, Legal, Practical and Technical Issues, # 9 Exhibit 9 - Antitrust Economics for Lawyers, Chapter 8, # 10 Exhibit 10-1 - Excerpt from Proving Antitrust Damages, # 11 Exhibit 10-2 - Excerpt from Proving Antitrust Damages, # 12 Exhibit 10-3 - Excerpt from Proving Antitrust Damages, # 13 Exhibit 11 - Economic Authority and the Limits of Expertise in Antitrust Cases, # 14 Exhibit 12 - Wooldridge, Jeffrey M., Introductory Econometrics- A Modern Approach Fifth Ed., # 15 Exhibit 13 - Exhibit 3 from the deposition of David P. Kaplan, # 16 Exhibit 14 - June 3, 3019 internal email produced by Penguin Random House, # 17 Exhibit 15 - June 6, 2019 email exchange produced by Penguin Random House)Motion or Order to File Under Seal: 258 .(Gorycki, Kara) (Entered: 01/10/2024)
1/10/2024DECLARATION of Kara L. Gorycki in Support re: 265 MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Expert Report of Doug Bania, dated June 17, 2022, # 2 Exhibit 2 - Declaration of Linda Fairstein, dated June 29, 2020, # 3 Exhibit 3 - Kaplan Rebuttal Report, # 4 Exhibit 4 - Transcript of the deposition of David P. Kaplan, dated October 7, 2022, # 5 Exhibit 5 - Excerpt Fisher Report, # 6 Exhibit 6 - Gray, Robert P., et al., Chapter 11, # 7 Exhibit 7 - Litigation Services Handbook. The Role of the Financial Expert, # 8 Exhibit 8 - Econometrics, Legal, Practical and Technical Issues, # 9 Exhibit 9 - Antitrust Economics for Lawyers, Chapter 8, # 10 Exhibit 10-1 - Excerpt from Proving Antitrust Damages, # 11 Exhibit 10-2 - Excerpt from Proving Antitrust Damages, # 12 Exhibit 10-3 - Excerpt from Proving Antitrust Damages, # 13 Exhibit 11 - Economic Authority and the Limits of Expertise in Antitrust Cases, # 14 Exhibit 12 - Wooldridge, Jeffrey M., Introductory Econometrics- A Modern Approach Fifth Ed., # 15 Exhibit 13 - Exhibit 3 from the deposition of David P. Kaplan, # 16 Exhibit 14 - June 3, 3019 internal email produced by Penguin Random House, # 17 Exhibit 15 - June 6, 2019 email exchange produced by Penguin Random House).(Gorycki, Kara) (Entered: 01/10/2024)
1/10/2024 MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/10/2024)
1/10/2024 MEMORANDUM OF LAW in Support re: 261 MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/10/2024)
1/10/2024***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Support re: 261 MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg.. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit A - Freinberg Report, # 2 Exhibit B - Freinberg Dep. Excerpt, # 3 Exhibit C - Supplemental Expert Report of Robert J. Fisher, dated August 8, 2022, # 4 Exhibit D - L. Fairstein, My Lunch With Harvey, Vanity Fair, March 2007, # 5 Exhibit E - Transcript of Linda Fairsteins deposition, dated June 15, 2022, # 6 Exhibit F - A former sex-crimes prosecutor analyzed Fords allegations against Kavanaugh. Heres her take, # 7 Exhibit G - Defendants Answer and Additional Defenses)Motion or Order to File Under Seal: 258 .(Gorycki, Kara) (Entered: 01/10/2024)
1/10/2024DECLARATION of Kara L. Gorycki in Support re: 261 MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit A - Freinberg Report, # 2 Exhibit B - Freinberg Dep. Excerpt, # 3 Exhibit C - Supplemental Expert Report of Robert J. Fisher, dated August 8, 2022, # 4 Exhibit D - L. Fairstein, My Lunch With Harvey, Vanity Fair, March 2007, # 5 Exhibit E - Transcript of Linda Fairsteins deposition, dated June 15, 2022, # 6 Exhibit F - A former sex-crimes prosecutor analyzed Fords allegations against Kavanaugh. Heres her take, # 7 Exhibit G - Defendants Answer and Additional Defenses).(Gorycki, Kara) (Entered: 01/10/2024)
1/10/2024 MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/10/2024)
1/10/2024***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Support re: 258 AMENDED MOTION to Seal .. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Supplemental Expert Report of Robert J. Fisher, dated August 8, 2022, # 2 Exhibit 2 - Order on Sealing 9.21.23, # 3 Exhibit 3 - Expert Report of Doug Bania, dated June 17, 2022, # 4 Exhibit 4 - Kaplan Rebuttal Report, # 5 Exhibit 5 - Freinberg Report, # 6 Exhibit 6 - Freinberg Dep. Excerpt, # 7 Exhibit 7 - June 3, 3019 internal email produced by Penguin Random House, # 8 Exhibit 8 - June 6, 2019 email exchange produced by Penguin Random House, # 9 Exhibit 9 - Memorandum of Law Kaplan Motion)Motion or Order to File Under Seal: 258 .(Gorycki, Kara) (Entered: 01/10/2024)
1/10/2024DECLARATION of Kara L. Gorycki in Support re: 258 AMENDED MOTION to Seal .. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Supplemental Expert Report of Robert J. Fisher, dated August 8, 2022, # 2 Exhibit 2 - Order on Sealing 9.21.23, # 3 Exhibit 3 - Expert Report of Doug Bania, dated June 17, 2022, # 4 Exhibit 4 - Kaplan Rebuttal Report, # 5 Exhibit 5 - Freinberg Report, # 6 Exhibit 6 - Freinberg Dep. Excerpt, # 7 Exhibit 7 - June 3, 2019 internal email produced by Penguin, # 8 Exhibit 8 - June 6, 2019 email exchange produced by Penguin Random House, # 9 Exhibit 9 - Memorandum of Law Kaplan Motion).(Gorycki, Kara) (Entered: 01/10/2024)
1/10/2024AMENDED MOTION to Seal . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/10/2024)
1/8/2024 ORDER granting 256 Letter Motion for Leave to File Excess Pages. Application GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/8/2024) (vfr) (Entered: 01/08/2024)
1/8/2024 LETTER MOTION for Leave to File Excess Pages re: Opposition to Plaintiff's Omnibus Motion in Limine (ECF No. 232) addressed to Judge P. Kevin Castel from Natalie J. Spears dated January 08, 2024. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 01/08/2024)
12/19/2023MEMO ENDORSEMENT: on re: 254 Letter filed by Linda Fairstein. ENDORSEMENT: The parties shall show cause in writing by January 10, 2023 why the presumption of public access to these "judicial documents" does not outweight the interest of any party in confidentiality. See Lugosch. SO ORDERED., ( Show Cause Response due by 1/10/2024.) (Signed by Judge P. Kevin Castel on 12/19/2023) (ama) (Entered: 12/19/2023)
12/19/2023 LETTER addressed to Judge P. Kevin Castel from Kara L. Gorycki dated December 19, 2023 re: ECF Numbers 239-242. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/19/2023)
12/15/2023***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 251 MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan. . Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. Motion or Order to File Under Seal: 238 .(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Support re: 251 MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan.. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Expert Report of Doug Bania, dated June 17, 2022, # 2 Exhibit 2 - Declaration of Linda Fairstein, dated June 29, 2020, # 3 Exhibit 3 - Rebuttal Expert Report of David P. Kaplan, dated September 2, 2022, # 4 Exhibit 4 - Transcript of the deposition of David P. Kaplan, dated October 7, 2022, # 5 Exhibit 5 - Excerpt from the Supplemental Expert Report of Robert J. Fisher, # 6 Exhibit 6 - Gray, Robert P., et al., Chapter 11, # 7 Exhibit 7 - Litigation Services Handbook. The Role of the Financial Expert, # 8 Exhibit 8 - Econometrics, Legal, Practical and Technical Issues, # 9 Exhibit 9 - Antitrust Economics for Lawyers, Chapter 8, # 10 Exhibit 10-1 - Excerpt from Proving Antitrust Damages, # 11 Exhibit 10-2 - Excerpt from Proving Antitrust Damages, # 12 Exhibit 10-3 - Excerpt from Proving Antitrust Damages, # 13 Exhibit 11 - Economic Authority and the Limits of Expertise in Antitrust Cases, # 14 Exhibit 12 - Wooldridge, Jeffrey M., Introductory Econometrics- A Modern Approach Fifth Ed, # 15 Exhibit 13 - Exhibit 3 from the deposition of David P. Kaplan, # 16 Exhibit 14 - June 3, 3019 internal email produced by Penguin Random House, # 17 Exhibit 15 - June 6, 2019 email exchange produced by Penguin Random House)Motion or Order to File Under Seal: 238 .(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023***SELECTED PARTIES*** MOTION in Limine to Exclude Certain Testimony and the Expert Report of Defendants' Rebuttal Expert David P. Kaplan. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc..Motion or Order to File Under Seal: 238 .(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023PROPOSED VOIR DIRE QUESTIONS. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023NOTICE of of Plaintiff's Proposed Special Verdict Form. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023PROPOSED JURY INSTRUCTIONS. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023 MEMORANDUM OF LAW in Support re: 245 MOTION in Limine to Preclude Berry Welsh from Testifying about Irrelevant and Prejudicial Topics at Trial. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023DECLARATION of Kara L. Gorycki in Support re: 245 MOTION in Limine to Preclude Berry Welsh from Testifying about Irrelevant and Prejudicial Topics at Trial.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Declaration of Berry Welsh, dated September 28, 2022, # 2 Exhibit 2 - Declaration of Ava DuVernay, dated September 28, 2022, # 3 Exhibit 3 - Declaration of Attica Locke, dated September 28, 2022).(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023 MOTION in Limine to Preclude Berry Welsh from Testifying about Irrelevant and Prejudicial Topics at Trial. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Support re: 243 MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg.. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit A - Rebuttal expert report of Anthony Freinberg, dated September 2, 2022, # 2 Exhibit C - Supplemental Expert Report of Robert J. Fisher, dated August 8, 2022)Motion or Order to File Under Seal: 238 .(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023***SELECTED PARTIES*** MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc..Motion or Order to File Under Seal: 238 .(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023 MEMORANDUM OF LAW in Support re: 240 MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023DECLARATION of Kara L. Gorycki in Support re: 240 MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit A - Rebuttal expert report of Anthony Freinberg, dated September 2, 2022, # 2 Exhibit B - Transcript of the deposition of Anthony Freinbergs deposition, dated October 12, 2022, # 3 Exhibit C - Supplemental Expert Report of Robert J. Fisher, dated August 8, 2022, # 4 Exhibit D - L. Fairstein, My Lunch With Harvey, Vanity Fair, March 2007, # 5 Exhibit E - Transcript of Linda Fairsteins deposition, dated June 15, 2022, # 6 Exhibit F - A former sex-crimes prosecutor analyzed Fords allegations against Kavanaugh. Heres her take, # 7 Exhibit G - Defendants Answer and Additional Defenses).(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023 MOTION in Limine to Preclude the Testimony and Exclude the Expert Report of Defendants' Rebuttal Expert Anthony Freinberg. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023DECLARATION of Kara L. Gorycki in Support re: 238 MOTION to Seal .. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Rebuttal expert report of Anthony Freinberg, dated September 2, 2022, # 2 Exhibit 2 - Expert Report of Doug Bania, dated June 17, 2022, # 3 Exhibit 3 - June 3, 2019 internal email produced by Penguin, # 4 Exhibit 4 - June 6, 2019 email exchange produced by Penguin Random House, # 5 Exhibit 5 - Supplemental Expert Report of Robert J. Fisher, dated August 8, 2022).(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023 MOTION to Seal . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023 MEMORANDUM OF LAW in Support re: 235 MOTION in Limine for A Limiting Instruction Concerning Defendants' Research Materials. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023DECLARATION of Kara L. Gorycki in Support re: 235 MOTION in Limine for A Limiting Instruction Concerning Defendants' Research Materials.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit A - Declaration of Ava DuVernay, dated September 28, 2022).(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023 MOTION in Limine for A Limiting Instruction Concerning Defendants' Research Materials. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023 MEMORANDUM OF LAW in Support re: 233 MOTION in Limine for the Production of Defendants' Financial Records Before Trial. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023 MOTION in Limine for the Production of Defendants' Financial Records Before Trial. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023 MEMORANDUM OF LAW in Support re: 230 MOTION in Limine Omnibus Motion in Limine. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023DECLARATION of Kara L. Gorycki in Support re: 230 MOTION in Limine Omnibus Motion in Limine.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Complaint, # 2 Exhibit 2 - Episode 1 of When They See Us, # 3 Exhibit 3 - Episode 2 of When They See Us, # 4 Exhibit 4 - Episode 3 of When They See Us, # 5 Exhibit 5 - Episode 4 of When They See Us, # 6 Exhibit 6 - Declaration of Ava Duvernay in Supt. of MSJ, # 7 Exhibit 7 - Declaration of Attica Locke in Supt. of MSJ, # 8 Exhibit 8 - Declaration of Alison Engel in Supt. of MSJ, # 9 Exhibit 9 - Dft. First Supplemental Initial Disclosures, # 10 Exhibit 10 - Stip. Regarding Sepositions of Kevin Richardson and Raymond Santana, Jr., # 11 Exhibit 11 - Pltf. Amended Initial Disclosures, # 12 Exhibit 12 - Ltr. from E. Lederer to Judge Galligan re. DNA testing and Adjournment, # 13 Exhibit 13 - Excerpts form Pltf. Respose to Dft. Statement of Facts, # 14 Exhibit 14 - Affirmation of Nancy Ryan in Response to Mtn. to Vacate Judgment of Conviction, # 15 Exhibit 15 - Dft. Memo of Points and Authorities in Supt. of MSJ, # 16 Exhibit 16 - People v. Wise, 194 Misc. 2d 481, 496-498 (Sup. Ct. N.Y. County Dec. 19, 2002), # 17 Exhibit 17 - Dft. A. Duvernay Supp. response and Objections to Pltf. Second Set of Interrodatories, # 18 Exhibit 18 - Dft. A. Locke Supp. response and Objections to Pltf. Second Set of Interrodatories, # 19 Exhibit 19 - Dft. Netflix Supp. response and Objections to Pltf. First Set of Interrodatories, # 20 Exhibit 20 - McCray v. City of New York, 2007 WL 4352748 (S.D.N.Y. Dec. 11, 2007), # 21 Exhibit 21 - November 22, 2011 Opinion and Order in In re McCray, # 22 Exhibit 22 - Amended Consolidated Complaint filed in In re McCray, # 23 Exhibit 23 - Excerpts from the transcript of the deposition of Linda Fairstein, dated June 15, 2022, # 24 Exhibit 24 - July 25, 2022 affirmation in support of vacating the conviction of Steven Lopez, # 25 Exhibit 25 - Sixth Teenager Charged in Central Park Jogger Case is exonerated, New York Times, July 25, 2022, # 26 Exhibit 26 - Excerpt from the transcript of the deposition of Joanna Wolff, dated May 25, 2022, # 27 Exhibit 27 - Excerpts from the transcript of the deposition of Ava DuVernay, dated June 8, 2022, # 28 Exhibit 28 - Excerpts from the expert report of Defendants rebuttal expert Anthony Freinberg, # 29 Exhibit 29 - Toobin, J., A Prosecutor Speaks Up, New Yorker, Dec. 2, 2022, # 30 Exhibit 30 - Goldiner, D., 5 Absolutely Guilty, Prosecutor Has No Regrets in Jogger Rape Convictions, Daily News, November 25, 2022, # 31 Exhibit 31 - Linda Fairstein Discusses Her Book and New York Jogger Muggings, Imus in the Morning, June 20, 2014, # 32 Exhibit 32 - L. Fairstein, In Defense of the Central Park Five Prosecution, NYLJ, July 30, 2018, # 33 Exhibit 33 - J. Leland, Robert Morgenthau on His Years as District Attorney I Dont Look Back, NY Times, Nov. 23, 2016, # 34 Exhibit 34 - Gerwitz-Little, R., Ash-Blond Ambition, Village Voice, Nov. 19, 2002, # 35 Exhibit 35 - Kleinfeld, N.R., A Crime Revisited, Dec. 6, 2002, # 36 Exhibit 36 - Sachar, E., Mothers Outburst At Jogger Trial, Newsday, Aug. 7, 1990, # 37 Exhibit 37 - Excerpt from Defendants Answer and Additional Defendants, # 38 Exhibit 38 - Excerpts from the transcript of the Deposition of Anthony Freinberg, dated October 12, 2002, # 39 Exhibit 39 - L. Fairstein, My Lunch With Harvey, Vanity Fair, Mar. 1, 2007, # 40 Exhibit 40 - Stodghill, R., True Confessions of the Central Park Rapist, Time, Dec. 9, 2002, # 41 Exhibit 41 - Smith, B., The Practitioner, Legal Affairs, September,October 2003, # 42 Exhibit 42 - L. Fairstein, Spring is the Season to Be Most Fearful, Daily News, April 19, 1994, # 43 Exhibit 43 - Dunleavy, S., Cybersex Victims Kin, NY Post, July 26, 1999, # 44 Exhibit 44 - Dunleavy, S., Prosecutors Should Resign in Shame, Nov. 2, 2001, # 45 Exhibit 45 - Wolf Packs Prey, Daily News, April 21, 1989, # 46 Exhibit 46 - Twohey, M., For Weinstein, a Brush With the Police Then No Charges, NY Times, Oct. 15, 2017, # 47 Exhibit 47 - Cohen, S., Oliver Jovanovic, First Sacrifice of the Digital Age, May 19, 1998, # 48 Exhibit 48 - LF00000033, # 49 Exhibit 49 - LF00036018, # 50 Exhibit 50 - LF00048001, # 51 Exhibit 51 - LEDERER01218-1219, # 52 Exhibit 52 - LEDERER01274-1275, # 53 Exhibit 53 - LF00041256, # 54 Exhibit 54 - Exhibit 94 from the deposition of Linda Fairstein, # 55 Exhibit 55 - Excerpts from the expert report of Defendants rebuttal expert David P. Kaplan, # 56 Exhibit 56 - LF00035893).(Gorycki, Kara) (Entered: 12/15/2023)
12/15/2023 MOTION in Limine Omnibus Motion in Limine. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/15/2023)
11/27/2023NOTICE OF APPEARANCE by Stuart Bernstein on behalf of Linda Fairstein..(Bernstein, Stuart) (Entered: 11/27/2023)
10/20/2023DECLARATION of Kara L. Gorycki in Support re: 124 MOTION to Seal Confidential Information.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 2 - LF deposition excerpt p109-112, # 2 Exhibit 3 - LF Deposition Ex. 67, # 3 Exhibit 4 - LF deposition excerpt p323-329, # 4 Exhibit 5 - LF Deposition Ex. 92, # 5 Exhibit 6 - LF Deposition Ex. 93, # 6 Exhibit 7 - LF Deposition Ex. 94, # 7 Exhibit 8 - LF Deposition Ex. 95, # 8 Exhibit 9 - LF deposition excerpt p 349-351, # 9 Exhibit 10 - LF Deposition Ex. 98, # 10 Exhibit 11 - LF deposition excerpt p 127-128, # 11 Exhibit 12 - LF deposition excerpt p 194, # 12 Exhibit 13 - LF Deposition Ex. 22, # 13 Exhibit 14 - LF Deposition Ex. 37, # 14 Exhibit 15 - LF00000033, # 15 Exhibit 16 - LF00036016, # 16 Exhibit 17 - LF00048001, # 17 Exhibit 18 - LF Deposition Ex. 69, # 18 Exhibit 19 - LF Deposition Ex. 87, # 19 Exhibit 21 - Lederer Deposition Ex. 21, # 20 Exhibit 22 - Lederer Deposition Ex. 23).(Gorycki, Kara) (Entered: 10/20/2023)
10/11/2023 Responses due by 2/16/2024 (Signed by Judge P. Kevin Castel on 10/11/2023) (ama) (Entered: 10/11/2023)
10/11/2023ORDER: granting 226 Letter Motion for Extension of Time. In the future, kindly comply with the Court's Individual Practices, in this instance 1.A(iii). The Judge should not have to hunt for the information. The Final Pretrial Conference is adjourned to March 7, 2024. Plaintiff's response due February 16, 2024. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/11/2023) (ama) (Entered: 10/11/2023)
10/11/2023 LETTER MOTION for Extension of Time of the February 2, 2024 submission deadline set forth in the Pre-Trial Scheduling Order addressed to Judge P. Kevin Castel from Kara L. Gorycki dated October 11, 2023. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 10/11/2023)
10/3/2023NOTICE OF APPEARANCE by Alyson Claire Tocicki on behalf of Ava DuVernay, Attica Locke, Netflix Inc...(Tocicki, Alyson) (Entered: 10/03/2023)
10/3/2023NOTICE OF APPEARANCE by Bart Harper Williams on behalf of Ava DuVernay, Attica Locke, Netflix Inc...(Williams, Bart) (Entered: 10/03/2023)
9/28/2023223 ORDER granting 220 Motion for Alyson C. Tocicki to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 09/28/2023)
9/28/2023222 ORDER granting 219 Motion for Bart H. Williams to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 09/28/2023)
9/28/2023>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 220 MOTION for Alyson C. Tocicki to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28349222. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) (Entered: 09/28/2023)
9/28/2023>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 219 MOTION for Bart H. Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28348951. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) (Entered: 09/28/2023)
9/27/2023NOTICE OF APPEARANCE by Seetha Ramachandran on behalf of Ava DuVernay, Attica Locke, Netflix Inc...(Ramachandran, Seetha) (Entered: 09/27/2023)
9/27/2023 MOTION for Alyson C. Tocicki to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28349222. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Affidavit Affidavit of Alyson C. Tocicki, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order (Proposed Order)).(Tocicki, Alyson) (Entered: 09/27/2023)
9/27/2023 MOTION for Bart H. Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28348951. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Affidavit Affidavit of Bart H. Williams, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order (Proposed Order)).(Williams, Bart) (Entered: 09/27/2023)
9/27/2023ORDER: The Court sets the following schedule to bring this action to trial:1. Plaintiffs proposed voir dire, proposed jury instructions, proposed verdict sheet and any in limine motions shall be filed by December 15, 2023. Also by December 15, 2023, plaintiff shall provide to defendants her portion of the proposed Joint Pre-Trial Order in MS Word Format. 2. Defendants' proposed voir dire, proposed jury instructions, proposed verdict sheet, any in limine motions and responses to plaintiffs in limine motions shall be filed by January 19, 2024. Also by January 19, 2024, defendants shall provide their portion of theJoint Pre-Trial Order to plaintiff in MS Word format. 3. Plaintiffs response to the defendants' in limine motions shall be filed by February 2, 2024. 4. By February 2, 2024 the pmties shall file their proposed Joint Pre-Trial Order, including stipulations of fact. The proposed Joint Pre-Trial Order shall include any trial unavailability dates through November 2024. It shall also include a proposed time limit on the presentation of each side's evidence and argument expressed in hours. See the undersigned's Individual Practices for other requirements. 5. The Final Pre-Trial Conference in this action is set for February 22, 2024 at 2 p.m. in Courtroom 11D. SO ORDERED.Motions due by 1/19/2024. Responses due by 2/2/2024 Final Pretrial Conference set for 2/22/2024 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Pretrial Order due by 2/2/2024. (Signed by Judge P. Kevin Castel on 9/26/2023) (ama) (Entered: 09/27/2023)
9/21/2023ORDER ON SEALING: terminating 124 Motion to Seal; terminating 132 Motion to Seal; terminating 162 Motion to Seal. Defendants' motion to seal is GRANTED as to the following exhibits to the Spears Declaration: 3-9, 11-13, 15-16, 19, 37, 40-41, 44-47, 50, 51B, 53-63. It is GRANTED IN PART as to the following exhibits: 42, 43, 51A, 52. It is DENIED WITHOUT PREJUDICE as to the following exhibits: 10, 14. It is DENIED as to the following exhibits: 17-18, 20-36, 38-39, 48, 49. Plaintiff's motion to seal is GRANTED as to the following exhibits to the Gorycki Declaration: 11-14, 19-20. It is DENIED as to the following exhibits: 2-10, 15-16, 21-22. The motion to seal of non-party Lederer is GRANTED in its entirety Any redactions shall be made consistent with this Order. The Clerk is respectfully directed to terminate the motions. (ECF 124, 132, 162.). SO ORDERED. (Signed by Judge P. Kevin Castel on 9/21/2023) (ama) (Entered: 09/21/2023)
9/19/2023OPINION AND ORDER: re: 197 MOTION for Sanctions against Defendant Ava DuVernay due to Spoliation of Evidence filed by Linda Fairstein, 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56 filed by Netflix Inc., Ava DuVernay, Attica Locke, 208 LETTER MOTION for Oral Argument. addressed to Judge P. Kevin Castel from Natalie J. Spears dated 1/19/2023 filed by Netflix Inc., Ava DuVernay, Attica Locke, 186 MOTION to Strike Document No. 153 and Preclude Related Testimony at Trial filed by Linda Fairstein. Defendants' motion for summary judgment is DENIED. Plaintiff's motion for sanctions is DENIED. Plaintiff's motion to strike is DENIED. The Clerk is respectfully directed to terminate the motions and the related letter-motion. (ECF 146, 186, 197, 208.). SO ORDERED., Motions terminated: 186 MOTION to Strike Document No. 153 and Preclude Related Testimony at Trial filed by Linda Fairstein, 208 LETTER MOTION for Oral Argument addressed to Judge P. Kevin Castel from Natalie J. Spears dated 1/19/2023 filed by Netflix Inc., Ava DuVernay, Attica Locke, 197 MOTION for Sanctions against Defendant Ava DuVernay due to Spoliation of Evidence filed by Linda Fairstein, 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56 filed by Netflix Inc., Ava DuVernay, Attica Locke. (Signed by Judge P. Kevin Castel on 9/19/2023) (ama) (Entered: 09/19/2023)
2/24/2023***SELECTED PARTIES*** LETTER addressed to Judge P. Kevin Castel from Kara L. Gorycki dated February 24, 2023 re: enclosing Exhibit 36 to Kara Gorycki's Declaration in support of Plaintiff's Opposition to Defendants' Summary Judgment Motion. Document filed by Attica Locke, Linda Fairstein, Ava DuVernay, Netflix Inc.. (Attachments: # 1 Exhibit 36 - part 1, # 2 Exhibit 36 - part 2, # 3 Exhibit 36 - part 3, # 4 Exhibit 36 - part 4)Motion or Order to File Under Seal: 162 .(Gorycki, Kara) (Entered: 02/24/2023)
2/14/2023MEMO ENDORSEMENT: on re: 210 Letter filed by Linda Fairstein. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/14/2023) (ama) (Entered: 02/14/2023)
2/10/2023 REPLY MEMORANDUM OF LAW in Support re: 197 MOTION for Sanctions against Defendant Ava DuVernay due to Spoliation of Evidence. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 02/10/2023)
2/6/2023DECLARATION of Ava DuVernay in Opposition re: 197 MOTION for Sanctions against Defendant Ava DuVernay due to Spoliation of Evidence.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 02/06/2023)
2/6/2023 MEMORANDUM OF LAW in Opposition re: 197 MOTION for Sanctions against Defendant Ava DuVernay due to Spoliation of Evidence. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 02/06/2023)
1/20/2023 LETTER addressed to Judge P. Kevin Castel from Kara L. Gorycki dated January 20, 2023 re: Request to Supplement Record. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/20/2023)
1/20/2023 LETTER addressed to Judge P. Kevin Castel from Kara L. Gorycki dated January 20, 2023 re: Response to Defendants Pre-Motion Letter Regarding Plaintiffs Rule 56.1 Response. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Plaintiff's Response to Defendants' Statement of Undisputed Facts Pursuant to Local Rule 56.1).(Gorycki, Kara) (Entered: 01/20/2023)
1/19/2023 LETTER MOTION for Oral Argument addressed to Judge P. Kevin Castel from Natalie J. Spears dated 1/19/2023. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 01/19/2023)
1/16/2023***SELECTED PARTIES*** LETTER addressed to Judge P. Kevin Castel from Natalie Spears, Attorneys for Defendants Netflix. Inc., Ava DuVernay and Attica Locke dated 1/16/2023 re: Request for leave to file a motion to strike plaintiff's improper response to Defendants' Rule 26.1 Statement of Undisputed Facts. Document filed by Attica Locke, Linda Fairstein, Ava DuVernay, Netflix Inc.. (Attachments: # 1 Exhibit Defendant's Reply to Statement of Facts)Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 01/16/2023)
1/16/2023***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56. (Defendants' Reply Memorandum in Support of Motion for Summary Judgment). Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 01/16/2023)
1/16/2023DECLARATION of Natalie J. Spears in Support re: 204 Letter,. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Spears, Natalie) (Entered: 01/16/2023)
1/16/2023 LETTER addressed to Judge P. Kevin Castel from Natalie Spears, Attorneys for Defendants Netflix. Inc., Ava DuVernay and Attica Locke dated 1/16/2023 re: Request for leave to file a motion to strike plaintiff's improper response to Defendants' Rule 26.1 Statement of Undisputed Facts. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit Defendant's Reply to Statement of Facts).(Spears, Natalie) (Entered: 01/16/2023)
1/16/2023 REPLY MEMORANDUM OF LAW in Support re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56. (Defendants' Reply Memorandum in Support of Motion for Summary Judgment). Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 01/16/2023)
1/16/2023 REPLY MEMORANDUM OF LAW in Support re: 186 MOTION to Strike Document No. 153 and Preclude Related Testimony at Trial. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/16/2023)
1/6/2023DECLARATION of Natalie J. Spears in Opposition re: 186 MOTION to Strike Document No. 153 and Preclude Related Testimony at Trial.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 to Spears Declaration in Opposition to Plaintiff's Motion to Strike).(Spears, Natalie) (Entered: 01/06/2023)
1/6/2023 MEMORANDUM OF LAW in Opposition re: 186 MOTION to Strike Document No. 153 and Preclude Related Testimony at Trial. . Document filed by Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 01/06/2023)
1/6/2023 MEMORANDUM OF LAW in Support re: 197 MOTION for Sanctions against Defendant Ava DuVernay due to Spoliation of Evidence. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/06/2023)
1/6/2023DECLARATION of Kara L. Gorycki in Support re: 197 MOTION for Sanctions against Defendant Ava DuVernay due to Spoliation of Evidence.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Ava DuVernays Responses to Plaintiffs First Request for Production of Documents, # 2 Exhibit 2 - Defendant Ava DuVernays Supplemental Responses and Objections to Plaintiffs Second Set of Interrogatories, # 3 Exhibit 3 - Defendant Ava DuVernays Responses and Objections to Plaintiffs Second Set of Interrogatories).(Gorycki, Kara) (Entered: 01/06/2023)
1/6/2023 MOTION for Sanctions against Defendant Ava DuVernay due to Spoliation of Evidence. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/06/2023)
12/21/2022 MEMO ENDORSEMENT on re: 193 Letter filed by Linda Fairstein. ENDORSEMENT: Without prejudice to plaintiff's argument that defendant's motion is untimely because she had 60 days to respond to Ms. DuVernay's declaration and waited weeks after its filing, plaintiff may file her motion by January 6, 2023 with memorandum of law limited to 15 pages. Response of 15 pages due February 6, 2023 and reply of 10 pages due February 20, 2023. ( Motions due by 1/6/2023., Replies due by 2/20/2023., Responses due by 2/6/2023) (Signed by Judge P. Kevin Castel on 12/21/2022) (rro) (Entered: 12/21/2022)
12/20/2022 LETTER addressed to Judge P. Kevin Castel from Natalie J. Spears dated 12/20/2022 re: Defendants Response to Plaintiffs 12/14/22 Pre-Motion Letter Regarding Spoliation of Evidence. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 12/20/2022)
12/14/2022 REPLY MEMORANDUM OF LAW in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal. (Defendant's Reply in Support of their Motion to File Confidential Information Under Seal). Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 12/14/2022)
12/14/2022 LETTER addressed to Judge P. Kevin Castel from Kara L. Gorycki dated December 14, 2022 re: Defendant Ava DuVernay's spoliation of evidence. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/14/2022)
12/7/2022***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Opposition re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit A - Proposed Redactions to Spears Exhibit 20, # 2 Exhibit B - Proposed Redactions to Spears Exhibit 25, # 3 Exhibit C - Proposed Redactions to Spears Exhibit 34)Motion or Order to File Under Seal: 162 .(Gorycki, Kara) (Entered: 12/07/2022)
12/7/2022***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal. . Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. Motion or Order to File Under Seal: 162 .(Gorycki, Kara) (Entered: 12/07/2022)
12/7/2022DECLARATION of Kara L. Gorycki in Opposition re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/07/2022)
12/7/2022 MEMORANDUM OF LAW in Opposition re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/07/2022)
12/6/2022 MEMORANDUM OF LAW in Support re: 186 MOTION to Strike Document No. 153 and Preclude Related Testimony at Trial. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/06/2022)
12/6/2022DECLARATION of Kara L. Gorycki in Support re: 186 MOTION to Strike Document No. 153 and Preclude Related Testimony at Trial.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Dft First Supplemental Initial Disclosures, # 2 Exhibit 2 - Dft Second Supplemental Initial Disclosures).(Gorycki, Kara) (Entered: 12/06/2022)
12/6/2022 MOTION to Strike Document No. 153 and Preclude Related Testimony at Trial. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 12/06/2022)
11/30/2022***SELECTED PARTIES***DECLARATION of Kara L. Gorycki, Esq. in Opposition re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56.. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - Declaration of L. Fairstein (6.29.20), # 2 Exhibit 2 - L. Fairstein Deposition transcript (6.15.22), # 3 Exhibit 3 - L. Fairstein Deposition Exhibit 8, # 4 Exhibit 4 - L. Fairstein Deposition Exhibit 21, # 5 Exhibit 5 - L. Fairstein Deposition Exhibit 36 (Ltr. to F. Huffman), # 6 Exhibit 6 - L. Fairstein Deposition Exhibit 38, # 7 Exhibit 7 - L. Fairstein Deposition Exhibit 43, # 8 Exhibit 8 - L. Fairstein Deposition Exhibit 49, # 9 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part1, # 10 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part2, # 11 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part3, # 12 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part4, # 13 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part5, # 14 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part6, # 15 Exhibit 10 - E. Lederer Deposition Transcript Excerpts (6.28.22), # 16 Exhibit 11 - E. Lederer Deposition Exhibit 3, # 17 Exhibit 12 - E. Lederer Deposition Exhibit 4, # 18 Exhibit 13 - E. Lederer Deposition Exhibit 6, # 19 Exhibit 14 - E. Lederer Deposition Exhibit 17, # 20 Exhibit 15 - LEDERER00718-720, # 21 Exhibit 16 - LEDERER00725, # 22 Exhibit 17 - E. Lederer letter to Judge Galligan 3.29.90, # 23 Exhibit 18 - T. Clements Depostion transcript excerpts (6.29.22), # 24 Exhibit 19 - T. Clements Deposition Exhibit 2, # 25 Exhibit 20 - T. Clements Deposition Exhibit 6, # 26 Exhibit 21 - E. Reynolds Depostion transcript excerpts (6.20.22), # 27 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part1, # 28 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part2, # 29 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part3, # 30 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part4, # 31 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part5, # 32 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part6, # 33 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part7, # 34 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part8, # 35 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part9, # 36 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part10, # 37 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part11, # 38 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part12, # 39 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part13, # 40 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part14, # 41 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part15, # 42 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part16, # 43 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part17, # 44 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part18, # 45 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part19, # 46 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part20, # 47 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part21, # 48 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part22, # 49 Exhibit 24 - Suppression Hearing Testimony Volume 1- Excerpts of E. Reynolds Testimony, # 50 Exhibit 25 - Suppression Hearing Testimony Volume 5- Excerpts of H. Arroyo Testimony, # 51 Exhibit 26 - Central Park MSS V3-1887-2720 Trial Testimony- Det. Humberto Arroyo Det. Carlos Gonzalez (McCray, Salaam, Santana Trial), # 52 Exhibit 27 - Central Park MSS V4-2721-3613 Trial Testimony- Det. Harry Hildebrandt, John Hartigan (McCray, Salaam, Santana Trial), # 53 Exhibit 28 - Central Park MSS V5-3614-4501 Excerpted Trial Testimony- David Nocenti (McCray, Salaam, Santana Trial), # 54 Exhibit 29 - Central Park MSS V6-4501-5241 Excerpted Trial Testimony of Linda Fairstein, # 55 Exhibit 30 - Central Park RW V4 1847-2558 Testimony of Det. Carlos Gonzalez, Testimony of Det. John Freck, Testimony of Det. John Hartigan, # 56 Exhibit 31 - Central Park RW V5-2559-3048 Excerpted Trial Testimony- Det. John Hartigan, ADA Linda Fairstein (Richardson Wise Trial), # 57 Exhibit 32 - Suppression Hearing Testimony Volume 3- DEFS024094 Det. Michael Sheehan, # 58 Exhibit 33 - Excerpt from K. Richardson Deposition Transcript (2.1.13), # 59 Exhibit 34 - R. Swicord Deposition Transcript Excerpts (5.12.22), # 60 Exhibit 35 - Swicord-4 Excerpt, # 61 Exhibit 36 - FILED UNDER SEAL_Part1, # 62 Exhibit 37 - Swicord-11_Part1, # 63 Exhibit 38 - Swicord-12, # 64 Exhibit 39 - Swicord-14, # 65 Exhibit 40 - Swicord-17, # 66 Exhibit 41 - Swicord-20, # 67 Exhibit 42 - Swicord-24, # 68 Exhibit 43 - Swicord-26, # 69 Exhibit 44 - Swicord-29_Part1, # 70 Exhibit 44 - Swicord-29_Part2, # 71 Exhibit 45 - Swicord-31_Part1, # 72 Exhibit 45 - Swicord-31_Part2, # 73 Exhibit 46 - FILED UNDER SEAL, # 74 Exhibit 47 - FILED UNDER SEAL, # 75 Exhibit 48 - FILED UNDER SEAL, # 76 Exhibit 49 - FILED UNDER SEAL, # 77 Exhibit 51 - A. DuVernay Deposition Transcript Excerpts (6.8.22), # 78 Exhibit 52 - A. DuVernay Deposition Exhibit 3, # 79 Exhibit 53 - A. DuVernay Deposition Exhibit 5, # 80 Exhibit 54 - A. DuVernay Deposition Exhibit 7, # 81 Exhibit 55 - A. DuVernay Deposition Exhibit 8, # 82 Exhibit 56 - A. DuVernay Deposition Exhibit 9, # 83 Exhibit 57 - A. DuVernay Deposition Exhibit 10, # 84 Exhibit 58 - A. DuVernay Deposition Exhibit 11, # 85 Exhibit 59 - A. DuVernay Deposition Exhibit 12, # 86 Exhibit 60 - A. DuVernay Deposition Exhibit 13, # 87 Exhibit 61 - A. DuVernay Deposition Exhibit 14, # 88 Exhibit 62 - A. DuVernay Deposition Exhibit 15, # 89 Exhibit 63 - FILED UNDER SEAL, # 90 Exhibit 64 - FILED UNDER SEAL, # 91 Exhibit 65 - A. DuVernay Deposition Exhibit 19, # 92 Exhibit 66 - A. DuVernay Deposition Exhibit 21, # 93 Exhibit 67 - A. DuVernay Deposition Exhibit 23, # 94 Exhibit 68 - A. DuVernay Deposition Exhibit 24, # 95 Exhibit 69 - FILED UNDER SEAL, # 96 Exhibit 70 - FILED UNDER SEAL, # 97 Exhibit 71 - A. DuVernay Deposition Exhibit 27, # 98 Exhibit 72 - A. DuVernay Deposition Exhibit 28, # 99 Exhibit 73 - A. DuVernay Deposition Exhibit 29, # 100 Exhibit 74 - A. DuVernay Deposition Exhibit 31, # 101 Exhibit 75 - A. DuVernay Deposition Exhibit 33, # 102 Exhibit 76 - FILED UNDER SEAL, # 103 Exhibit 77 - FILED UNDER SEAL, # 104 Exhibit 78 - A. DuVernay Deposition Exhibit 36, # 105 Exhibit 79 - A. DuVernay Deposition Exhibit 37, # 106 Exhibit 80 - FILED UNDER SEAL, # 107 Exhibit 81 - A. Locke Deposition Transcript Excerpts (6.22.22), # 108 Exhibit 82 - A. Locke Deposition Exhibit 2, # 109 Exhibit 83 - A. Locke Deposition Exhibit 3, # 110 Exhibit 84 - A. Locke Deposition Exhibit 5_Part1, # 111 Exhibit 84 - A. Locke Deposition Exhibit 5_Part2, # 112 Exhibit 84 - A. Locke Deposition Exhibit 5_Part3, # 113 Exhibit 84 - A. Locke Deposition Exhibit 5_Part4, # 114 Exhibit 85 - A. Locke Deposition Exhibit 6_Part1, # 115 Exhibit 85 - A. Locke Deposition Exhibit 6_Part2, # 116 Exhibit 85 - A. Locke Deposition Exhibit 6_Part3, # 117 Exhibit 85 - A. Locke Deposition Exhibit 6_Part4, # 118 Exhibit 86 - FILED UNDER SEAL, # 119 Exhibit 87 - A. Locke Deposition Exhibit 8, # 120 Exhibit 88 - FILED UNDER SEAL, # 121 Exhibit 89 - A. Locke Deposition Exhibit 10, # 122 Exhibit 90 - FILED UNDER SEAL, # 123 Exhibit 91 - A. Locke Deposition Exhibit 12, # 124 Exhibit 92 - A. Locke Deposition Exhibit 13, # 125 Exhibit 93 - A. Locke Deposition Exhibit 14, # 126 Exhibit 94 - A. Locke Deposition Exhibit 16, # 127 Exhibit 95 - A. Locke Deposition Exhibit 17, # 128 Exhibit 96 - A. Locke Deposition Exhibit 18, # 129 Exhibit 97 - A. Locke Deposition Exhibit 19, # 130 Exhibit 98 - A. Locke Deposition Exhibit 20, # 131 Exhibit 99 - A. Locke Deposition Exhibit 21, # 132 Exhibit 100 - A. Locke Deposition Exhibit 24, # 133 Exhibit 101 - A. Locke Deposition Exhibit 25, # 134 Exhibit 102 - A. Locke Deposition Exhibit 26, # 135 Exhibit 103 - A. Locke Deposition Exhibit 27, # 136 Exhibit 104 - A. Locke Deposition Exhibit 29, # 137 Exhibit 105 - A. Locke Deposition Exhibit 30, # 138 Exhibit 106 - A. Locke Deposition Exhibit 31, # 139 Exhibit 107 - FILED UNDER SEAL, # 140 Exhibit 108 - A. Locke Deposition Exhibit 33, # 141 Exhibit 109 - A. Locke Deposition Exhibit 34, # 142 Exhibit 110 - FILED UNDER SEAL_Part1, # 143 Exhibit 110 - FILED UNDER SEAL_Part2, # 144 Exhibit 110 - FILED UNDER SEAL_Part3, # 145 Exhibit 110 - FILED UNDER SEAL_Part4, # 146 Exhibit 111 - J. Wolff Deposition Transcript Excerpts (5.25.22), # 147 Exhibit 112 - Netflix-2, # 148 Exhibit 113 - Netflix-3, # 149 Exhibit 114 - Netflix-4, # 150 Exhibit 115 - Netflix-5, # 151 Exhibit 116 - Netflix-6, # 152 Exhibit 117 - Netflix-7, # 153 Exhibit 118 - FILED UNDER SEAL, # 154 Exhibit 119 - Netflix-10, # 155 Exhibit 120 - Netflix-11, # 156 Exhibit 121 - Netflix-12, # 157 Exhibit 122 - Netflix-13, # 158 Exhibit 123 - Netflix-14, # 159 Exhibit 124 - Netflix-15, # 160 Exhibit 125 - Netflix-16, # 161 Exhibit 126 - Netflix-17, # 162 Exhibit 127 - Netflix-18, # 163 Exhibit 128 - Netflix-19, # 164 Exhibit 129 - Netflix-20, # 165 Exhibit 130 - Netflix-21, # 166 Exhibit 131 - Netflix-23, # 167 Exhibit 132 - FILED UNDER SEAL, # 168 Exhibit 133 - Netflix-25, # 169 Exhibit 134 - Netflix-26, # 170 Exhibit 135 - Netflix-28, # 171 Exhibit 136 - Netflix-30, # 172 Exhibit 137 - A. Engel Deposition Transcript Excerpts (6.24.22), # 173 Exhibit 138 - FILED UNDER SEAL, # 174 Exhibit 139 - A. Engel Deposition Exhibit 39, # 175 Exhibit 140 - A. Engel Deposition Exhibit 46, # 176 Exhibit A. Engel Deposition Exhibit 49, # 177 Exhibit 142 - A. Engel Deposition Exhibit 51, # 178 Exhibit 143 - A. Engel Deposition Exhibit 52, # 179 Exhibit 144 - A. Engel Deposition Exhibit 54, # 180 Exhibit 145 - A. Engel Deposition Exhibit 55, # 181 Exhibit 146 - A. Engel Deposition Exhibit 56, # 182 Exhibit 147 - A. Engel Deposition Exhibit 58, # 183 Exhibit 148 - A. Engel Deposition Exhibit 59, # 184 Exhibit 149 - A. Engel Deposition Exhibit 60, # 185 Exhibit 150 - A. Engel Deposition Exhibit 62, # 186 Exhibit 151 - A. Engel Deposition Exhibit 63_Part1, # 187 Exhibit 152 - A. Dunbar Deposition Transcript (5.27.22), # 188 Exhibit 153 - Nexflix-32, # 189 Exhibit 154 - FILED UNDER SEAL_Part1, # 190 Exhibit 154 - FILED UNDER SEAL_Part2, # 191 Exhibit 154 - FILED UNDER SEAL_Part3, # 192 Exhibit 154 - FILED UNDER SEAL_Part4, # 193 Exhibit 154 - FILED UNDER SEAL_Part5, # 194 Exhibit 155 - FILED UNDER SEAL, # 195 Exhibit 156 - FILED UNDER SEAL, # 196 Exhibit 157 - FILED UNDER SEAL, # 197 Exhibit 158 - Shooting Draft for Episode 1_Part1, # 198 Exhibit 158 - Shooting Draft for Episode 1_Part2, # 199 Exhibit 158 - Shooting Draft for Episode 1_Part3, # 200 Exhibit 158 - Shooting Draft for Episode 1_Part4, # 201 Exhibit 158 - Shooting Draft for Episode 1_Part5, # 202 Exhibit 158 - Shooting Draft for Episode 1_Part6, # 203 Exhibit 159 - Episode 1 Draft 5.29.18_Part1, # 204 Exhibit 159 - Episode 1 Draft 5.29.18_Part2, # 205 Exhibit 159 - Episode 1 Draft 5.29.18_Part3, # 206 Exhibit 159 - Episode 1 Draft 5.29.18_Part4, # 207 Exhibit 159 - Episode 1 Draft 5.29.18_Part5, # 208 Exhibit 159 - Episode 1 Draft 5.29.18_Part6, # 209 Exhibit 160 - Excerpt of Part 1 of Michael Warren Interview Transcript, # 210 Exhibit 161 - A. Locke 3.29.18 Notes, # 211 Exhibit 162 - A. Locke 1.24.18 Notes for Part 2 Draft 3, # 212 Exhibit 163 - Episode 2 Draft 3.27.18_Part1, # 213 Exhibit 163 - Episode 2 Draft 3.27.18_Part2, # 214 Exhibit 163 - Episode 2 Draft 3.27.18_Part3, # 215 Exhibit 164 - Excerpt- Richardson Interview Questions, # 216 Exhibit 165 - Episode 2 2nd Rebuild 3.29.28_Part1, # 217 Exhibit 165 - Episode 2 2nd Rebuild 3.29.28_Part2, # 218 Exhibit 165 - Episode 2 2nd Rebuild 3.29.28_Part3, # 219 Exhibit 165 - Episode 2 2nd Rebuild 3.29.28_Part4, # 220 Exhibit 165 - Episode 2 2nd Rebuild 3.29.28_Part5, # 221 Exhibit 166 - FILED UNDER SEAL_Part1, # 222 Exhibit 166 - FILED UNDER SEAL_Part2, # 223 Exhibit 166 - FILED UNDER SEAL_Part3, # 224 Exhibit 166 - FILED UNDER SEAL_Part4, # 225 Exhibit 167 - FILED UNDER SEAL_Part1, # 226 Exhibit 167 - FILED UNDER SEAL_Part2, # 227 Exhibit 167 - FILED UNDER SEAL_Part3, # 228 Exhibit 167 - FILED UNDER SEAL_Part4, # 229 Exhibit 167 - FILED UNDER SEAL_Part5, # 230 Exhibit 168 - Excerpt- Richardson Interview Questions, # 231 Exhibit 169 - FILED UNDER SEAL, # 232 Exhibit 179 - FILED UNDER SEAL_Part1, # 233 Exhibit 179 - FILED UNDER SEAL_Part2, # 234 Exhibit 179 - FILED UNDER SEAL_Part3, # 235 Exhibit 179 - FILED UNDER SEAL_Part4, # 236 Exhibit 179 - FILED UNDER SEAL_Part5, # 237 Exhibit 179 - FILED UNDER SEAL_Part6, # 238 Exhibit 180 - FILED UNDER SEAL, # 239 Exhibit 181 - Excerpt of Santana Video Transcript, # 240 Exhibit 182 - Excerpt of McCray Video Transcript, # 241 Exhibit 183 - Excerpt of Richardson Video Transcript, # 242 Exhibit 184 - Excerpt of Wise Video Transcript 4.21.89, # 243 Exhibit 185 - Excerpt of Wise Video Transcript, # 244 Exhibit 186 - Wolff email, notes 1.28.19, # 245 Exhibit 187 - Awards Press Breaks email 6.7.19_Part1, # 246 Exhibit 187 - Awards Press Breaks email 6.7.19_Part2, # 247 Exhibit 187 - Awards Press Breaks email 6.7.19_Part3, # 248 Exhibit 187 - Awards Press Breaks email 6.7.19_Part4, # 249 Exhibit 187 - Awards Press Breaks email 6.7.19_Part5, # 250 Exhibit 188 - Recent Controversies anf Linda Fairstein email 1.29.19, # 251 Exhibit 189 - Signe the Petition email 6.7.19, # 252 Exhibit 190 - Atlanta Screening email 4.30.19, # 253 Exhibit 191 - CP5 Updated Interrogation Timeline email 12.9.17, # 254 Exhibit 192 - FILED UNDER SEAL_Part1, # 255 Exhibit 192 - FILED UNDER SEAL_Part2, # 256 Exhibit 192 - FILED UNDER SEAL_Part3, # 257 Exhibit 193 - Updated Interrogation Timeline, email and attachment 12.18.17, # 258 Exhibit 194 - Notes Tracking email 3.27.18, # 259 Exhibit 195 - 1.11.19 email and attachment CP5 Part 1 Cut to Robin Swicord 1.10.19, # 260 Exhibit 196 - 3.19.18 email and attachment pt2 notes, # 261 Exhibit 197 - email and 1 attachment 2.25.19 Ep. 101 ADR Schedule, # 262 Exhibit 198 - A. DuVernay, updated Questions for room, # 263 Exhibit 199 - FILED UNDER SEAL, # 264 Exhibit 200 - Netflix Episode 101 Cut Notes, # 265 Exhibit 201 - Kevin Richardson Interview, # 266 Exhibit 202 - FILED UNDER SEAL, # 267 Exhibit 203 - 2.11.19 email re date announce, # 268 Exhibit 204 - 2.3.19 email re Ep 101 cut, # 269 Exhibit 205 - FILED UNDER SEAL_Part1, # 270 Exhibit 205 - FILED UNDER SEAL_Part2, # 271 Exhibit 205 - FILED UNDER SEAL_Part3, # 272 Exhibit 206 - 4.19.19 re. When They See Us Social Strategy, # 273 Exhibit 207 - FILED UNDER SEAL, # 274 Exhibit 208 - 6.3.19 email re. Raymond on TMZ, # 275 Exhibit 209 - 11.28.18 re. Writer Linda Fairstein's past as a Prosecutor..., # 276 Exhibit 210 - 12.12.19 email and attachment re. Peabody Awards Request, # 277 Exhibit 211 - 6.7.19 email re. WTSU, Oprah, FYSee, # 278 Exhibit 212 - 3.20.19 email re. WTSU-Linda Fairstein, # 279 Exhibit 213 - 5.1.19 email re. CBS Sunday Morning Assets, # 280 Exhibit 214 - 6.8.19 email re. WTSU - Messaging Next Steps, # 281 Exhibit 215 - 11.28.18 re. LA Times, # 282 Exhibit 216 - FILED UNDER SEAL, # 283 Exhibit 217 - FILED UNDER SEAL, # 284 Exhibit 218 - FILED UNDER SEAL, # 285 Exhibit 219 - 1.27.19 email re. CP5 Cuts, # 286 Exhibit 220 - 2.9.19 Central Park Five Part 1 Netflix Cut, # 287 Exhibit 221 - Central Parl Two draft script 6.16.18, # 288 Exhibit 222 - 6.12.19 Press Breaks, # 289 Exhibit 223 - 1.31.19 email and attachments re. Central Park Five Part 1 Netflix Cut 4, # 290 Exhibit 224 - 1.28.19 cp5 101 and 102 cut notes, # 291 Exhibit 225 - FILED UNDER SEAL, # 292 Exhibit 226 - messages Locke and DuVernay, # 293 Exhibit 227 - messages Locke and DuVernay, # 294 Exhibit 228 - FILED UNDER SEAL, # 295 Exhibit 229 - FILED UNDER SEAL, # 296 Exhibit 230 - FILED UNDER SEAL, # 297 Exhibit 231 - PDF of Tweet link from Ex. 230, # 298 Exhibit 232 - FILED UNDER SEAL, # 299 Exhibit 233 - FILED UNDER SEAL, # 300 Exhibit 233A - Central Park Five Prosecutor Resigns from Charity Boards Over Netflix Show Backlash, NY Post June 4, 2019, # 301 Exhibit 233B - Central Park Five Prosecutor Linda Fairstein Resigns from Vassar College Board of Trustees After Petition, Newsweek, June 4, 2019, # 302 Exhibit 233C - 'When They See Us' Linda Fairstein Resigns from Nonprofit Org, TMZ, June 4, 2019, # 303 Exhibit 234 - FILED UNDER SEAL, # 304 Exhibit 235 - DuVernay and Locke messages, # 305 Exhibit 236 - DuVernay and Locke messages, # 306 Exhibit 237 - FILED UNDER SEAL, # 307 Exhibit 238 - Martin and DuVernay message, # 308 Exhibit 239 - FILED UNDER SEAL, # 309 Exhibit 240 - FILED UNDER SEAL, # 310 Exhibit 241 - LF00035672, # 311 Exhibit 242 - LF00035673, # 312 Exhibit 243 - LF00038148, # 313 Exhibit 244 - A. Locke Instagram Post, May 29, 2019, # 314 Exhibit 245 - LF00038402, # 315 Exhibit 246 - LF00038405, # 316 Exhibit 247 - LF00038425, # 317 Exhibit 248 - LF00038426, # 318 Exhibit 249 - LF00038427, # 319 Exhibit 250 - LF00038429, # 320 Exhibit 251 - LF00038430, # 321 Exhibit 252 - LF00038675, # 322 Exhibit 253 - LF00047677, # 323 Exhibit 254 - LF00038339-38340, # 324 Exhibit 255 - NY Times, 9.5.14 Settlement Approved in Central Park Jogger Case, # 325 Exhibit 256 - LF00038386, # 326 Exhibit 257 - A. DuVernay Deposition Exhibit 6, # 327 Exhibit 258 - Netflix's Response to Plaintiff's Fourth Set of Interrogatories, # 328 Exhibit 259 - LF00038638, # 329 Exhibit 260 - Excerpt- And the Blood Cried Out, Harlan Levy_Part1, # 330 Exhibit 260 - Excerpt- And the Blood Cried Out, Harlan Levy_Part2, # 331 Exhibit 261 - FILED UNDER SEAL, # 332 Exhibit 262 - MWA Press Release, # 333 Exhibit 263 - Oprah Winfrey's When They See Us Now, # 334 Exhibit 264 - New York Times, After Furor, Literary Group Withdraws Honor for Central Park Five Prosecutor, # 335 Exhibit 265 - Netflix-27, # 336 Exhibit 266 - LF00038477, # 337 Exhibit 267 - Netflix-29)Motion or Order to File Under Seal: 172 .(Gorycki, Kara) (Entered: 11/30/2022)
11/30/2022***SELECTED PARTIES***COUNTER STATEMENT TO 157 Rule 56.1 Statement. Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. Motion or Order to File Under Seal: 172 .(Gorycki, Kara) (Entered: 11/30/2022)
11/30/2022***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56. . Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. Motion or Order to File Under Seal: 172 .(Gorycki, Kara) (Entered: 11/30/2022)
11/30/2022DECLARATION of Kara L. Gorycki, Esq. in Opposition re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Declaration of L. Fairstein (6.29.20), # 2 Exhibit 2 - L. Fairstein Deposition transcript (6.15.22)_Redacted, # 3 Exhibit 3 - L. Fairstein Deposition Exhibit 8, # 4 Exhibit 4 - L. Fairstein Deposition Exhibit 21, # 5 Exhibit 5 - L. Fairstein Deposition Exhibit 36 (Ltr. to F. Huffman), # 6 Exhibit 6 - L. Fairstein Deposition Exhibit 38, # 7 Exhibit 7 - L. Fairstein Deposition Exhibit 43, # 8 Exhibit 8 - L. Fairstein Deposition Exhibit 49, # 9 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part1, # 10 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part2, # 11 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part3, # 12 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part4, # 13 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part5, # 14 Exhibit 9 - L. Fairstein Deposition Exhibit 88_Part6, # 15 Exhibit 10 - E. Lederer Deposition Transcript Excerpts (6.28.22), # 16 Exhibit 11 - E. Lederer Deposition Exhibit 3, # 17 Exhibit 12 - E. Lederer Deposition Exhibit 4, # 18 Exhibit 13 - E. Lederer Deposition Exhibit 6, # 19 Exhibit 14 - E. Lederer Deposition Exhibit 17, # 20 Exhibit 15 - LEDERER00718-720, # 21 Exhibit 16 - LEDERER00725, # 22 Exhibit 17 - E. Lederer letter to Judge Galligan 3.29.90, # 23 Exhibit 18 - T. Clements Depostion transcript excerpts (6.29.22), # 24 Exhibit 19 - T. Clements Deposition Exhibit 2, # 25 Exhibit 20 - T. Clements Deposition Exhibit 6, # 26 Exhibit 21 - E. Reynolds Depostion transcript excerpts (6.20.22), # 27 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part1, # 28 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part2, # 29 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part3, # 30 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part4, # 31 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part5, # 32 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part6, # 33 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part7, # 34 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part8, # 35 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part9, # 36 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part10, # 37 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part11, # 38 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part12, # 39 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part13, # 40 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part14, # 41 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part15, # 42 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part16, # 43 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part17, # 44 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part18, # 45 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part19, # 46 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part20, # 47 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part21, # 48 Exhibit 22 - E. Reynolds Deposition Exhibit 3_Part22, # 49 Exhibit 24 - Suppression Hearing Testimony Volume 1- Excerpts of E. Reynolds Testimony, # 50 Exhibit 25 - Suppression Hearing Testimony Volume 5- Excerpts of H. Arroyo Testimony, # 51 Exhibit 26 - Central Park MSS V3-1887-2720 Trial Testimony- Det. Humberto Arroyo Det. Carlos Gonzalez (McCray, Salaam, Santana Trial), # 52 Exhibit 27 - Central Park MSS V4-2721-3613 Trial Testimony- Det. Harry Hildebrandt, John Hartigan (McCray, Salaam, Santana Trial), # 53 Exhibit 28 - Central Park MSS V5-3614-4501 Excerpted Trial Testimony- David Nocenti (McCray, Salaam, Santana Trial, # 54 Exhibit 29 - Central Park MSS V6-4501-5241 Excerpted Trial Testimony of Linda Fairstein, # 55 Exhibit 30 - Central Park RW V4 1847-2558 Testimony of Det. Carlos Gonzalez, Testimony of Det. John Freck, Testimony of Det. John Hartigan, # 56 Exhibit 31 - Central Park RW V5-2559-3048 Excerpted Trial Testimony- Det. John Hartigan, ADA Linda Fairstein (Richardson Wise Trial), # 57 Exhibit 32 - Suppression Hearing Testimony Volume 3- DEFS024094 Det. Michael Sheehan, # 58 Exhibit 33 - Excerpt from K. Richardson Deposition Transcript (2.1.13), # 59 Exhibit 34 - R. Swicord Deposition Transcript Excerpts (5.12.22), # 60 Exhibit 35 - Swicord-4 Excerpt, # 61 Exhibit 37 - Swicord-11_Redacted_Part1, # 62 Exhibit 37 - Swicord-11_Redacted_Part2, # 63 Exhibit 38 - Swicord-12, # 64 Exhibit 39 - Swicord-14, # 65 Exhibit 40 - Swicord-17, # 66 Exhibit 41 - Swicord-20, # 67 Exhibit 42 - Swicord-24, # 68 Exhibit 43 - Swicord-26, # 69 Exhibit 44 - Swicord-29_Part1, # 70 Exhibit 44 - Swicord-29_Part2, # 71 Exhibit 45 - Swicord-31_Part1, # 72 Exhibit 45 - Swicord-31_Part2, # 73 Exhibit 51 - A. DuVernay Deposition Transcript Excerpts (6.8.22)_Redacted, # 74 Exhibit 52 - A. DuVernay Deposition Exhibit 3, # 75 Exhibit 53 - A. DuVernay Deposition Exhibit 5, # 76 Exhibit 54 - A. DuVernay Deposition Exhibit 7, # 77 Exhibit 55 - A. DuVernay Deposition Exhibit 8, # 78 Exhibit 56 - A. DuVernay Deposition Exhibit 9, # 79 Exhibit 57 - A. DuVernay Deposition Exhibit 10, # 80 Exhibit 58 - A. DuVernay Deposition Exhibit 11, # 81 Exhibit 59 - A. DuVernay Deposition Exhibit 12, # 82 Exhibit 60 - A. DuVernay Deposition Exhibit 13, # 83 Exhibit 61 - A. DuVernay Deposition Exhibit 14, # 84 Exhibit 62 - A. DuVernay Deposition Exhibit 15_Redacted, # 85 Exhibit 65 - A. DuVernay Deposition Exhibit 19, # 86 Exhibit 66 - A. DuVernay Deposition Exhibit 21, # 87 Exhibit 67 - A. DuVernay Deposition Exhibit 23, # 88 Exhibit 68 - A. DuVernay Deposition Exhibit 24, # 89 Exhibit 71 - A. DuVernay Deposition Exhibit 27, # 90 Exhibit 72 - A. DuVernay Deposition Exhibit 28, # 91 Exhibit 73 - A. DuVernay Deposition Exhibit 29, # 92 Exhibit 74 - A. DuVernay Deposition Exhibit 31, # 93 Exhibit 75 - A. DuVernay Deposition Exhibit 33, # 94 Exhibit 78 - A. DuVernay Deposition Exhibit 36, # 95 Exhibit 79 - A. DuVernay Deposition Exhibit 37, # 96 Exhibit 81 - A. Locke Deposition Transcript Excerpts (6.22.22)_Redacted, # 97 Exhibit 82 - A. Locke Deposition Exhibit 2, # 98 Exhibit 83 - A. Locke Deposition Exhibit 3, # 99 Exhibit 84 - A. Locke Deposition Exhibit 5_Part1, # 100 Exhibit 84 - A. Locke Deposition Exhibit 5_Part2, # 101 Exhibit 84 - A. Locke Deposition Exhibit 5_Part3, # 102 Exhibit 84 - A. Locke Deposition Exhibit 5_Part4, # 103 Exhibit 85 - A. Locke Deposition Exhibit 6_Part1, # 104 Exhibit 85 - A. Locke Deposition Exhibit 6_Part2, # 105 Exhibit 85 - A. Locke Deposition Exhibit 6_Part3, # 106 Exhibit 85 - A. Locke Deposition Exhibit 6_Part4, # 107 Exhibit 87 - A. Locke Deposition Exhibit 8, # 108 Exhibit 89 - A. Locke Deposition Exhibit 10, # 109 Exhibit 91 - A. Locke Deposition Exhibit 12, # 110 Exhibit 92 - A. Locke Deposition Exhibit 13, # 111 Exhibit 93 - A. Locke Deposition Exhibit 14, # 112 Exhibit 94 - A. Locke Deposition Exhibit 16, # 113 Exhibit 95 - A. Locke Deposition Exhibit 17_Redacted, # 114 Exhibit 96 - A. Locke Deposition Exhibit 18, # 115 Exhibit 97 - A. Locke Deposition Exhibit 19, # 116 Exhibit 98 - A. Locke Deposition Exhibit 20_Redacted, # 117 Exhibit 99 - A. Locke Deposition Exhibit 21, # 118 Exhibit 100 - A. Locke Deposition Exhibit 24, # 119 Exhibit 101 - A. Locke Deposition Exhibit 25, # 120 Exhibit 102 - A. Locke Deposition Exhibit 26, # 121 Exhibit 103 - A. Locke Deposition Exhibit 27, # 122 Exhibit 104 - A. Locke Deposition Exhibit 29, # 123 Exhibit 105 - A. Locke Deposition Exhibit 30, # 124 Exhibit 106 - A. Locke Deposition Exhibit 31, # 125 Exhibit 108 - A. Locke Deposition Exhibit 33, # 126 Exhibit 109 - A. Locke Deposition Exhibit 34, # 127 Exhibit 111 - J. Wolff Deposition Transcript Excerpts (5.25.22), # 128 Exhibit 112 - Netflix-2, # 129 Exhibit 113 - Netflix-3, # 130 Exhibit 114 - Netflix-4, # 131 Exhibit 115 - Netflix-5, # 132 Exhibit 116 - Netflix-6, # 133 Exhibit 117 - Netflix-7, # 134 Exhibit 119 - Netflix-10, # 135 Exhibit 120 - Netflix-11, # 136 Exhibit 121 - Netflix-12, # 137 Exhibit 122 - Netflix-13, # 138 Exhibit 123 - Netflix-14, # 139 Exhibit 124 - Netflix-15, # 140 Exhibit 125 - Netflix-16, # 141 Exhibit 126 - Netflix-17, # 142 Exhibit 127 - Netflix-18, # 143 Exhibit 128 - Netflix-19, # 144 Exhibit 129 - Netflix-20, # 145 Exhibit 130 - Netflix-21, # 146 Exhibit 131 - Netflix-23, # 147 Exhibit 133 - Netflix-25, # 148 Exhibit 134 - Netflix-26, # 149 Exhibit 135 - Netflix-28, # 150 Exhibit 136 - Netflix-30, # 151 Exhibit 137 - A. Engel Deposition Transcript Excerpts (6.24.22)_Redacted, # 152 Exhibit 139 - A. Engel Deposition Exhibit 39, # 153 Exhibit 140 - A. Engel Deposition Exhibit 46, # 154 Exhibit 141 - A. Engel Deposition Exhibit 49, # 155 Exhibit 142 - A. Engel Deposition Exhibit 51, # 156 Exhibit 143 - A. Engel Deposition Exhibit 52, # 157 Exhibit 144 - A. Engel Deposition Exhibit 54, # 158 Exhibit 145 - A. Engel Deposition Exhibit 55, # 159 Exhibit 146 - A. Engel Deposition Exhibit 56, # 160 Exhibit 147 - A. Engel Deposition Exhibit 58_Redacted, # 161 Exhibit 148 - A. Engel Deposition Exhibit 59_Redacted, # 162 Exhibit 149 - A. Engel Deposition Exhibit 60_Redacted, # 163 Exhibit 150 - A. Engel Deposition Exhibit 62, # 164 Exhibit 151 - A. Engel Deposition Exhibit 63_Part1, # 165 Exhibit 151 - A. Engel Deposition Exhibit 63_Part2, # 166 Exhibit 152 - A. Dunbar Deposition Transcript (5.27.22)_Redacted, # 167 Exhibit 153 - Nexflix-32, # 168 Exhibit 158 - Shooting Draft for Episode 1_Part1, # 169 Exhibit 158 - Shooting Draft for Episode 1_Part2, # 170 Exhibit 158 - Shooting Draft for Episode 1_Part3, # 171 Exhibit 158 - Shooting Draft for Episode 1_Part4, # 172 Exhibit 158 - Shooting Draft for Episode 1_Part5, # 173 Exhibit 158 - Shooting Draft for Episode 1_Part6, # 174 Exhibit 159 - Episode 1 Draft 5.29.18_Part1, # 175 Exhibit 159 - Episode 1 Draft 5.29.18_Part2, # 176 Exhibit 159 - Episode 1 Draft 5.29.18_Part3, # 177 Exhibit 159 - Episode 1 Draft 5.29.18_Part4, # 178 Exhibit 159 - Episode 1 Draft 5.29.18_Part5, # 179 Exhibit 159 - Episode 1 Draft 5.29.18_Part6, # 180 Exhibit 160 - Excerpt of Part 1 of Michael Warren Interview Transcript, # 181 Exhibit 161 - A. Locke 3.29.18 Notes, # 182 Exhibit 162 - A. Locke 1.24.18 Notes for Part 2 Draft 3, # 183 Exhibit 163 - Episode 2 Draft 3.27.18_Part1, # 184 Exhibit 163 - Episode 2 Draft 3.27.18_Part2, # 185 Exhibit 163 - Episode 2 Draft 3.27.18_Part3, # 186 Exhibit 164 - Excerpt- Richardson Interview Questions, # 187 Exhibit 165 - Episode 2 2nd Rebuild 3.29.28, # 188 Exhibit 168 - Excerpt- Richardson Interview Questions, # 189 Exhibit 181 - Excerpt of Santana Video Transcript, # 190 Exhibit 182 - Excerpt of McCray Video Transcript_Redacted, # 191 Exhibit 183 - Excerpt of Richardson Video Transcript_Redacted, # 192 Exhibit 184 - Excerpt of Wise Video Transcript 4.21.89, # 193 Exhibit 185 - Excerpt of Wise Video Transcript, # 194 Exhibit 186 - Wolff email, notes 1.28.19, # 195 Exhibit 187 - Awards Press Breaks email 6.7.19_Part1, # 196 Exhibit 187 - Awards Press Breaks email 6.7.19_Part2, # 197 Exhibit 187 - Awards Press Breaks email 6.7.19_Part3, # 198 Exhibit 187 - Awards Press Breaks email 6.7.19_Part4, # 199 Exhibit 187 - Awards Press Breaks email 6.7.19_Part5, # 200 Exhibit 188 - Recent Controversies anf Linda Fairstein email 1.29.19, # 201 Exhibit 189 - Signe the Petition email 6.7.19, # 202 Exhibit 190 - Atlanta Screening email 4.30.19, # 203 Exhibit 191 - CP5 Updated Interrogation Timeline email 12.9.17, # 204 Exhibit 193 - Updated Interrogation Timeline, email and attachment 12.18.17, # 205 Exhibit 194 - Notes Tracking email 3.27.18, # 206 Exhibit 195 - 1.11.19 email and attachment CP5 Part 1 Cut to Robin Swicord 1.10.19, # 207 Exhibit 196 - 3.19.18 email and attachment pt2 notes, # 208 Exhibit 197 - email and 1 attachment 2.25.19 Ep. 101 ADR Schedule, # 209 Exhibit 198 - A. DuVernay, updated Questions for room, # 210 Exhibit 200 - Netflix Episode 101 Cut Notes, # 211 Exhibit 201 - Kevin Richardson Interview, # 212 Exhibit 203 - 2.11.19 email re date announce, # 213 Exhibit 204 - 2.3.19 email re Ep 101 cut, # 214 Exhibit 206 - 4.19.19 re. When They See Us Social Strategy, # 215 Exhibit 208 - 6.3.19 email re. Raymond on TMZ, # 216 Exhibit 209 - 11.28.18 re. Writer Linda Fairstein's past as a Prosecutor..., # 217 Exhibit 210 - 12.12.19 email and attachment re. Peabody Awards Request, # 218 Exhibit 211 - 6.7.19 email re. WTSU, Oprah, FYSee, # 219 Exhibit 212 - 3.20.19 email re. WTSU-Linda Fairstein, # 220 Exhibit 213 - 5.1.19 email re. CBS Sunday Morning Assets, # 221 Exhibit 214 - 6.8.19 email re. WTSU - Messaging Next Steps, # 222 Exhibit 215 - 11.28.18 re. LA Times, # 223 Exhibit 219 - 1.27.19 email re. CP5 Cuts, # 224 Exhibit 220 - 2.9.19 Central Park Five Part 1 Netflix Cut, # 225 Exhibit 221 - Central Parl Two draft script 6.16.18, # 226 Exhibit 222 - 6.12.19 Press Breaks, # 227 Exhibit 223 - 1.31.19 email and attachments re. Central Park Five Part 1 Netflix Cut 4, # 228 Exhibit 224 - 1.28.19 cp5 101 and 102 cut notes, # 229 Exhibit 226 - messages Locke and DuVernay, # 230 Exhibit 227 - messages Locke and DuVernay, # 231 Exhibit 231 - PDF of Tweet link from Ex. 230, # 232 Exhibit 233A - Central Park Five Prosecutor Resigns from Charity Boards Over Netflix Show Backlash, NY Post June 4, 2019, # 233 Exhibit 233B - Central Park Five Prosecutor Linda Fairstein Resigns from Vassar College Board of Trustees After Petition, Newsweek, June 4, 2019, # 234 Exhibit 233C - 'When They See Us' Linda Fairstein Resigns from Nonprofit Org, TMZ, June 4, 2019, # 235 Exhibit 235 - DuVernay and Locke messages, # 236 Exhibit 236 - DuVernay and Locke messages, # 237 Exhibit 238 - Martin and DuVernay message, # 238 Exhibit 241 - LF00035672, # 239 Exhibit 242 - LF00035673, # 240 Exhibit 243 - LF00038148, # 241 Exhibit 244 - A. Locke Instagram Post, May 29, 2019, # 242 Exhibit 245 - LF00038402, # 243 Exhibit 246 - LF00038405, # 244 Exhibit 247 - LF00038425, # 245 Exhibit 248 - LF00038426, # 246 Exhibit 249 - LF00038427, # 247 Exhibit 250 - LF00038429, # 248 Exhibit 251 - LF00038430, # 249 Exhibit 252 - LF00038675, # 250 Exhibit 253 - LF00047677, # 251 Exhibit 254 - LF00038339-38340, # 252 Exhibit 255 - NY Times, 9.5.14 Settlement Approved in Central Park Jogger Case, # 253 Exhibit 256 - LF00038386, # 254 Exhibit 257 - A. DuVernay Deposition Exhibit 6, # 255 Exhibit 259 - LF00038638, # 256 Exhibit 260 - Excerpt- And the Blood Cried Out, Harlan Levy_Part1, # 257 Exhibit 260 - Excerpt- And the Blood Cried Out, Harlan Levy_Part2, # 258 Exhibit 262 - MWA Press Release, # 259 Exhibit 263 - Oprah Winfrey's When They See Us Now, # 260 Exhibit 264 - New York Times, After Furor, Literary Group Withdraws Honor for Central Park Five Prosecutor, # 261 Exhibit 265 - Netflix-27, # 262 Exhibit 266 - LF00038477, # 263 Exhibit 267 - Netflix-29).(Gorycki, Kara) (Entered: 11/30/2022)
11/30/2022COUNTER STATEMENT TO 148 Rule 56.1 Statement. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 11/30/2022)
11/30/2022DECLARATION of Linda Fairstein in Opposition re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit A - 4.23.13 Deposition Transcript, # 2 Exhibit B - 4.24.13 Deposition Transcript, # 3 Exhibit C - 5.1.13 Deposition Transcript).(Gorycki, Kara) (Entered: 11/30/2022)
11/30/2022DECLARATION of Elizabeth Lederer in Opposition re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit A - 7.17.13 Deposition Transcript, # 2 Exhibit B - 7.19.13 Deposition Transcript, # 3 Exhibit C - 7.24.13 Deposition Transcript).(Gorycki, Kara) (Entered: 11/30/2022)
11/30/2022 MEMORANDUM OF LAW in Opposition re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 11/30/2022)
11/28/2022 MEMO ENDORSEMENT on re: 161 Letter, filed by Netflix Inc., Ava DuVernay, Attica Locke. ENDORSEMENT: Plaintiff may file her motion by December 6, 2022, defendants respond by January 6, 2023 and plaintiff reply by January 16, 2023. ( Motions due by 12/6/2022., Responses due by 1/6/2023, Replies due by 1/16/2023.) (Signed by Judge P. Kevin Castel on 11/28/2022) (rro) (Main Document 177 replaced on 11/29/2022) (ama). (Entered: 11/28/2022)
11/23/2022***SELECTED PARTIES***DECLARATION of Joanna Wolff in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022***SELECTED PARTIES***DECLARATION of Robin Swicord in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022***SELECTED PARTIES***DECLARATION of Attica Locke in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022***SELECTED PARTIES***DECLARATION of Ava DuVernay in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022***SELECTED PARTIES***DECLARATION of Natalie J. Spears in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - Under Seal, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8 - Under Seal, # 9 Exhibit 9 - Part 1, # 10 Exhibit 9 - Part 2, # 11 Exhibit 9 - Part 3, # 12 Exhibit 9 - Part 4, # 13 Exhibit 10 - Part 1, # 14 Exhibit 10 - Part 2, # 15 Exhibit 11 - Under Seal, # 16 Exhibit 12 - Under Seal, # 17 Exhibit 13 - Under Seal, # 18 Exhibit 14, # 19 Exhibit 15 - Under Seal, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18 - Under Seal, # 23 Exhibit 19 - Under Seal, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26, # 31 Exhibit 27, # 32 Exhibit 28, # 33 Exhibit 29, # 34 Exhibit 30, # 35 Exhibit 31, # 36 Exhibit 32, # 37 Exhibit 33, # 38 Exhibit 34, # 39 Exhibit 35 - Under Seal, # 40 Exhibit 36, # 41 Exhibit 37, # 42 Exhibit 38, # 43 Exhibit 39, # 44 Exhibit 40 - Under Seal, # 45 Exhibit 41, # 46 Exhibit 42 - Under Seal, # 47 Exhibit 43, # 48 Exhibit 44 - Under Seal, # 49 Exhibit 45 - Under Seal, # 50 Exhibit 46 - Under Seal, # 51 Exhibit 47 - Under Seal, # 52 Exhibit 48, # 53 Exhibit 49, # 54 Exhibit 50, # 55 Exhibit 51A, # 56 Exhibit 51B, # 57 Exhibit 52, # 58 Exhibit 53, # 59 Exhibit 54, # 60 Exhibit 55, # 61 Exhibit 56 - Under Seal, # 62 Exhibit 57, # 63 Exhibit 58, # 64 Exhibit 59, # 65 Exhibit 60, # 66 Exhibit 61, # 67 Exhibit 62, # 68 Exhibit 63)Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal. . Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022DECLARATION of Alesa Dunbar in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022DECLARATION of Joanna Wolff in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022DECLARATION of Alison Engel in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022DECLARATION of Robin Swicord in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022DECLARATION of Attica Locke in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022DECLARATION of Ava DuVernay in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022DECLARATION of Natalie J. Spears in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 8, # 4 Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 15, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 35, # 11 Exhibit 40, # 12 Exhibit 42, # 13 Exhibit 44, # 14 Exhibit 45, # 15 Exhibit 46, # 16 Exhibit 47, # 17 Exhibit 56).(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022 MEMORANDUM OF LAW in Support re: 162 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022 MOTION to Seal Defendants' Motion To File Confidential Information Under Seal. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 11/23/2022)
11/23/2022 LETTER addressed to Judge P. Kevin Castel from Defendants Netflix, Inc., Ava DuVernay and Attica Locke dated 11/23/2022 re: Defendants Response to Plaintiffs 11/17/22 Pre-Motion Letter to Strike Berry Welshs Declaration and Preclude. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 11/23/2022)
11/17/2022 LETTER addressed to Judge P. Kevin Castel from Kara Gorycki dated November 17, 2022 re: Pre-Motion Letter to Strike Declaration of Berry Walsh. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit Defendant's Supplemental Initial Disclosures).(Gorycki, Kara) (Entered: 11/17/2022)
10/5/2022Six CDs received from Netflix, Inc. as exhibits to the Master Appendix in Support of Defendant's Motion for Summary Judgement as per Order signed Judge P. Kevin Castel on 10/04/2022 at D.E. #159. (nmo) (Entered: 10/05/2022)
10/4/2022ORDER: Counsel have leave to submit exhibits in CD form to the Clerk's Office.SO ORDERED. (Signed by Judge P. Kevin Castel on 10/04/2022) (ama) (Entered: 10/04/2022)
9/30/2022***SELECTED PARTIES***NOTICE of Index to Master Appendix in Support of Defendants' Motion for Summary Judgment re: 155 Declaration in Support of Motion,,,,,,,,,,. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. (Attachments: # 1 Exhibit 4, # 2 Exhibit 6, # 3 Exhibit 8, # 4 Exhibit 34, # 5 Exhibit 35, # 6 Exhibit 55, # 7 Exhibit 56, # 8 Exhibit 57, # 9 Exhibit 60, # 10 Exhibit 61, # 11 Exhibit 62, # 12 Exhibit 63, # 13 Exhibit 67, # 14 Exhibit 69, # 15 Exhibit 70, # 16 Exhibit 71, # 17 Exhibit 78, # 18 Exhibit 80)Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56. . Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022DECLARATION of Natalie J. Spears in Support re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Affidavit Index to Master Appendix in Support of Defendants' Motion for Summary Judgment, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17 Pt. 1, # 19 Exhibit 17 Pt. 2, # 20 Exhibit 17 Pt. 3, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26A, # 30 Exhibit 26B, # 31 Exhibit 27 Pt. 1, # 32 Exhibit 27 Pt. 2, # 33 Exhibit 27 Pt. 3, # 34 Exhibit 27 Pt. 4, # 35 Exhibit 28, # 36 Exhibit 29, # 37 Exhibit 30, # 38 Exhibit 30B, # 39 Exhibit 31, # 40 Exhibit 32A-C, # 41 Exhibit 32D, # 42 Exhibit 33, # 43 Exhibit 34, # 44 Exhibit 35, # 45 Exhibit 36 Pt. 1, # 46 Exhibit 36 Pt. 2, # 47 Exhibit 36 Pt. 3, # 48 Exhibit 36 Pt. 4, # 49 Exhibit 36 Pt. 5, # 50 Exhibit 36 Pt. 6, # 51 Exhibit 36 Pt. 7, # 52 Exhibit 36 Pt. 8, # 53 Exhibit 37, # 54 Exhibit 38A, # 55 Exhibit 38B, # 56 Exhibit 39A, # 57 Exhibit 39B, # 58 Exhibit 40, # 59 Exhibit 41, # 60 Exhibit 42, # 61 Exhibit 43, # 62 Exhibit 44, # 63 Exhibit 45, # 64 Exhibit 46, # 65 Exhibit 47, # 66 Exhibit 48, # 67 Exhibit 49, # 68 Exhibit 50, # 69 Exhibit 51, # 70 Exhibit 52, # 71 Exhibit 53, # 72 Exhibit 54, # 73 Exhibit 55, # 74 Exhibit 56, # 75 Exhibit 57, # 76 Exhibit 58, # 77 Exhibit 59, # 78 Exhibit 60, # 79 Exhibit 61, # 80 Exhibit 62, # 81 Exhibit 63, # 82 Exhibit 64, # 83 Exhibit 65, # 84 Exhibit 66, # 85 Exhibit 67, # 86 Exhibit 68, # 87 Exhibit 69, # 88 Exhibit 70, # 89 Exhibit 71, # 90 Exhibit 72, # 91 Exhibit 73, # 92 Exhibit 74, # 93 Exhibit 75, # 94 Exhibit 76, # 95 Exhibit 77, # 96 Exhibit 78, # 97 Exhibit 79, # 98 Exhibit 80, # 99 Exhibit 81, # 100 Exhibit 82, # 101 Exhibit 83, # 102 Exhibit 84, # 103 Exhibit 85, # 104 Exhibit 86, # 105 Exhibit 87, # 106 Exhibit 88, # 107 Exhibit 89, # 108 Exhibit 90, # 109 Exhibit 91, # 110 Exhibit 92, # 111 Exhibit 93, # 112 Exhibit 94, # 113 Exhibit 95, # 114 Exhibit 96, # 115 Exhibit 97, # 116 Exhibit 98, # 117 Exhibit 99, # 118 Exhibit 100, # 119 Exhibit 101, # 120 Exhibit 102, # 121 Exhibit 103, # 122 Exhibit 104).(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#155) DECLARATION of Natalie J. Spears in Support re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) Modified on 9/30/2022 (lb). (Entered: 09/30/2022)
9/30/2022DECLARATION of Berry Welsh in Support re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022DECLARATION of Alison Engel in Support re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022DECLARATION of Robin Swicord in Support re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022DECLARATION of Attica Locke in Support re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022DECLARATION of Ava Duvernay in Support re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022RULE 56.1 STATEMENT. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022 MEMORANDUM OF LAW in Support re: 146 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022 MOTION for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/30/2022)
9/30/2022 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#146) NOTICE of Defendants' Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) Modified on 9/30/2022 (lb). (Entered: 09/30/2022)
9/28/2022***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: 124 MOTION to Seal Confidential Information. . Document filed by Linda Fairstein, Ava DuVernay, Elizabeth Lederer, Attica Locke, Netflix Inc.. Motion or Order to File Under Seal: 124 .(Gorycki, Kara) (Entered: 09/28/2022)
9/28/2022 REPLY MEMORANDUM OF LAW in Support re: 124 MOTION to Seal Confidential Information. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 09/28/2022)
9/28/2022REPLY AFFIRMATION of Kara L. Gorycki in Support re: 124 MOTION to Seal Confidential Information.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 23 - Central Park Five book excerpts).(Gorycki, Kara) (Entered: 09/28/2022)
9/26/2022***SELECTED PARTIES***DECLARATION of Jacqueline A. Giannini in Support re: 140 Response to Motion,. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Motion or Order to File Under Seal: 105 .(Giannini, Jacqueline) (Entered: 09/26/2022)
9/26/2022***SELECTED PARTIES*** RESPONSE to Motion re: 124 MOTION to Seal Confidential Information. Defendants' Response to Plaintiff's Motion to Seal, Or, Alternatively, For a Protective Order or Order Striking Certain Materials from the Record. Document filed by Attica Locke, Ava DuVernay, Netflix Inc., Linda Fairstein. Motion or Order to File Under Seal: 105 .(Spears, Natalie) (Entered: 09/26/2022)
9/26/2022DECLARATION of Jacqueline A. Giannini in Support re: 138 Response to Motion,. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Giannini, Jacqueline) (Entered: 09/26/2022)
9/26/2022 RESPONSE to Motion re: 124 MOTION to Seal Confidential Information. Defendants' Response to Plaintiff's Motion to Seal, Or, Alternatively, For a Protective Order or Order Striking Certain Materials from the Record. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/26/2022)
9/23/2022***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 132 THIRD PARTY MOTION to Seal . . Document filed by Elizabeth Lederer, Ava DuVernay, Linda Fairstein, Attica Locke, Netflix Inc.. Motion or Order to File Under Seal: 132 .(Liston, David) (Entered: 09/23/2022)
9/23/2022***SELECTED PARTIES***DECLARATION of David G. Liston in Support re: 132 THIRD PARTY MOTION to Seal .. Document filed by Elizabeth Lederer, Ava DuVernay, Linda Fairstein, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit A - September 16, 2022 Correspondence, # 2 Exhibit B - L.Fairstein Deposition Ex. 67, # 3 Exhibit C - L.Fairstein Deposition Ex. 92, # 4 Exhibit D - L.Fairstein Deposition Ex. 95, # 5 Exhibit E - Excerpts from Transcript of Deposition of E. Lederer, # 6 Exhibit F - E.Lederer Deposition Ex. 21, # 7 Exhibit F - E.Lederer Deposition Ex. 23)Motion or Order to File Under Seal: 124 .(Liston, David) (Entered: 09/23/2022)
9/23/2022 MEMORANDUM OF LAW in Support re: 132 THIRD PARTY MOTION to Seal . . Document filed by Elizabeth Lederer..(Liston, David) (Entered: 09/23/2022)
9/23/2022DECLARATION of Elizabeth Lederer in Support re: 132 THIRD PARTY MOTION to Seal .. Document filed by Elizabeth Lederer..(Liston, David) (Entered: 09/23/2022)
9/23/2022DECLARATION of David G. Liston in Support re: 132 THIRD PARTY MOTION to Seal .. Document filed by Elizabeth Lederer. (Attachments: # 1 Exhibit A - September 16, 2022 Correspondence).(Liston, David) (Entered: 09/23/2022)
9/23/2022THIRD PARTY MOTION to Seal . Document filed by Elizabeth Lederer..(Liston, David) (Entered: 09/23/2022)
9/23/2022NOTICE OF APPEARANCE by Alex Gregg Patchen on behalf of Elizabeth Lederer..(Patchen, Alex) (Entered: 09/23/2022)
9/23/2022NOTICE OF APPEARANCE by David Guerrero Liston on behalf of Elizabeth Lederer..(Liston, David) (Entered: 09/23/2022)
9/22/2022***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 124 MOTION to Seal Confidential Information. . Document filed by Linda Fairstein, Ava DuVernay, Attica Locke, Netflix Inc.. Motion or Order to File Under Seal: 124 .(Gorycki, Kara) (Entered: 09/22/2022)
9/22/2022***SELECTED PARTIES***DECLARATION of Kara L. Gorycki in Support re: 124 MOTION to Seal Confidential Information.. Document filed by Linda Fairstein, Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1 - September 16, 2022 correspondence, # 2 Exhibit 2 - LF deposition excerpt p109-112, # 3 Exhibit 3 - LF Deposition Ex. 67, # 4 Exhibit 4 - LF deposition excerpt p323-329, # 5 Exhibit 5 - LF Deposition Ex. 92, # 6 Exhibit 6 - LF Deposition Ex. 93, # 7 Exhibit 7 - LF Deposition Ex. 94, # 8 Exhibit 8 - LF Deposition Ex. 95, # 9 Exhibit 9 - LF deposition excerpt p 349-351, # 10 Exhibit 10 - LF Deposition Ex. 98, # 11 Exhibit 11 - LF deposition excerpt p 127-128, # 12 Exhibit 12 - LF deposition excerpt p 194, # 13 Exhibit 13 - LF Deposition Ex. 22, # 14 Exhibit 14 - LF Deposition Ex. 37, # 15 Exhibit 15 - LF00000033, # 16 Exhibit 16 - LF00036016, # 17 Exhibit 17 - LF00048001, # 18 Exhibit 18 - LF Deposition Ex. 69, # 19 Exhibit 19 - LF Deposition Ex. 87, # 20 Exhibit 20 - Lederer Deposition Ex. 14, # 21 Exhibit 21 - Lederer Deposition Ex. 21, # 22 Exhibit 22 - Lederer Deposition Ex. 23)Motion or Order to File Under Seal: 124 .(Gorycki, Kara) (Entered: 09/22/2022)
9/22/2022***SELECTED PARTIES***DECLARATION of Linda Fairstein in Support re: 124 MOTION to Seal Confidential Information.. Document filed by Linda Fairstein, Ava DuVernay, Attica Locke, Netflix Inc.. Motion or Order to File Under Seal: 124 .(Gorycki, Kara) (Entered: 09/22/2022)
9/22/2022 MEMORANDUM OF LAW in Support re: 124 MOTION to Seal Confidential Information. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 09/22/2022)
9/22/2022DECLARATION of Kara L. Gorycki in Support re: 124 MOTION to Seal Confidential Information.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1 - September 16, 2022 correspondence, # 2 Exhibit 2 - LF deposition excerpt p109-112, # 3 Exhibit 4 - LF deposition excerpt p323-329, # 4 Exhibit 9 - LF deposition excerpt p 349-351, # 5 Exhibit 11 - LF deposition excerpt p 127-128, # 6 Exhibit 12 - LF deposition excerpt p 194, # 7 Exhibit 13 - LF Deposition Ex. 22, # 8 Exhibit 14 - LF Deposition Ex. 37, # 9 Exhibit 19 - LF Deposition Ex. 87).(Gorycki, Kara) (Entered: 09/22/2022)
9/22/2022 MOTION to Seal Confidential Information. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 09/22/2022)
9/19/2022ORDER: terminating 121 Letter Motion for Extension of Time. The deadline for final pretrial submissions is stayed until after the summary judgment motion is decided. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/19/2022) (ama) (Entered: 09/19/2022)
9/19/2022Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 9/19/2022. Appearing for Plaintiff, Kara Lynn Gorycki. Appearing for defendants: Natalie Spears, Jacqueline Giannini and Justin Katttan. Defendants may move for summary judgment no later than September 30, 2022. Plaintiff response is due no later than November 30, 2022 and any reply from defendants is due no later than January 16, 2023. Page limits are extended to 50 pages for opening memorandum and response and 25 pages for any reply. The filing of final pretrial submissions is stayed until after the summary judgment motion is decided. DE 131 is terminated. (Nacanther, Florence) (Entered: 09/19/2022)
9/16/2022 LETTER addressed to Judge P. Kevin Castel from Kara L. Gorycki dated September 16, 2022 re: Plaintiff's Response to Defendants' Pre-Motion Letter Regarding Their Summary Judgment Motion. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 09/16/2022)
9/12/2022JOINT LETTER MOTION for Extension of Time of the Case Management Plan addressed to Judge P. Kevin Castel from Kara Gorycki and Natalie Spears dated September 12, 2022. Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 09/12/2022)
9/12/2022 LETTER addressed to Judge P. Kevin Castel from Natlie J. Spears, on behalf of Defendants, dated September 12, 2022 re: Defendants' Pre-Motion Letter re: Summary Judgment. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/12/2022)
9/12/2022 MEMO ENDORSEMENT granting 117 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. SO ORDERED. Attorney Kiran Patel; Kiran Patel; Kiran Patel and Kiran Patel terminated. (Signed by Judge P. Kevin Castel on 9/12/2022) (rro) (Entered: 09/12/2022)
9/9/2022NOTICE OF APPEARANCE by Justin Nessim Kattan on behalf of Ava DuVernay, Attica Locke, Netflix Inc...(Kattan, Justin) (Entered: 09/09/2022)
9/9/2022 MOTION for Kiran Patel to Withdraw as Attorney . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/09/2022)
7/14/2022Set/Reset Deadlines: ( Fact Discovery due by 8/29/2022.), Set/Reset Hearings:( Case Management Conference set for 9/19/2022 at 2:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (vfr) (Entered: 07/14/2022)
7/14/2022 ORDER granting 115 Letter Motion for Extension of Time to Complete Discovery. Fact discovery is extended to August 29, 2022. The July 19 conference is adjourned to September 19 at 2 pm in Courtroom 11D. Letter motion (Doc 115) is terminated. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/13/2022) (vfr) (Entered: 07/14/2022)
5/4/2022JOINT LETTER MOTION for Extension of Time to Complete Discovery Schedule addressed to Judge P. Kevin Castel from the Parties dated May 4, 2022. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit Exhibit 1 - Proposed Revised Case Management Order).(Gorycki, Kara) (Entered: 05/04/2022)
4/20/2022ORDER: terminating 109 Letter Motion for Discovery. Having considered the submissions of the parties (Docs 109-113), the Court rules as follows: The depositions of the individual defendants Ava DuVernay and Attica Lockeshall take place in Los Angeles where they reside or do business on condition that counsel for Netflix, who maintains an office in Los Angeles, shall make the office available for the conduct of the depositions. The depositions of any individual designated by Netflix, Inc. pursuant to Rule 30(b)(6), Fed R. Civ. P., shall take place in New York. Any issue of costs associated with the depositions will be considered at the conclusion of the action as part of the process of taxation of costs. SO ORDERED.. (Signed by Judge P. Kevin Castel on 4/20/2022) (ama) (Entered: 04/20/2022)
4/18/2022LETTER REPLY to Response to Motion addressed to Judge P. Kevin Castel from Natalie J. Spears dated 4/18/2022 re: 109 LETTER MOTION for Discovery (re Defendants Request for Protective Order) addressed to Judge P. Kevin Castel from Natalie J. Spears dated 4/12/2022. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 04/18/2022)
4/15/2022DECLARATION of Kara L. Gorycki in Opposition re: 109 LETTER MOTION for Discovery (re Defendants Request for Protective Order) addressed to Judge P. Kevin Castel from Natalie J. Spears dated 4/12/2022.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit Exhibit A - Spears Mar. 25, 2022 Email, # 2 Exhibit Exhibit B - Engel Netflix Premiere, # 3 Exhibit Exhibit C - Netflix is Hiring a Flight Attendant Article, # 4 Exhibit Exhibit D - Pilot - King Air, # 5 Exhibit Exhibit E - NYC Filming Locations).(Gorycki, Kara) (Entered: 04/15/2022)
4/15/2022LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from Kara L. Gorycki dated Apr. 15, 2022 re: 109 LETTER MOTION for Discovery (re Defendants Request for Protective Order) addressed to Judge P. Kevin Castel from Natalie J. Spears dated 4/12/2022. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 04/15/2022)
4/12/2022DECLARATION of Natalie J. Spears in Support re: 109 LETTER MOTION for Discovery (re Defendants Request for Protective Order) addressed to Judge P. Kevin Castel from Natalie J. Spears dated 4/12/2022.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 04/12/2022)
4/12/2022 LETTER MOTION for Discovery (re Defendants Request for Protective Order) addressed to Judge P. Kevin Castel from Natalie J. Spears dated 4/12/2022. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Spears, Natalie) (Entered: 04/12/2022)
4/11/2022 FILING ERROR - DEFICIENT DOCKET ENTRY -(LINKED TO A DEFICIENT DOCKET ENTRY)- DECLARATION of Natalie J. Spears in Support re: 107 LETTER MOTION for Discovery (re Defendants Request for Protective Order) addressed to Judge P. Kevin Castel from Natalie J. Spears dated 4/11/2022.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) Modified on 4/12/2022 (lb). (Entered: 04/11/2022)
4/11/2022 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#109) LETTER MOTION for Discovery (re Defendants Request for Protective Order) addressed to Judge P. Kevin Castel from Natalie J. Spears dated 4/11/2022. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) Modified on 4/12/2022 (lb). (Entered: 04/11/2022)
1/19/2022106 ORDER terminating 100 Letter Motion for Extension of Time to Complete Discovery. DE 100 terminated by reason of DE 103. (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 01/19/2022)
11/22/2021STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/22/2021) (ama) (Entered: 11/22/2021)
11/22/2021JOINT LETTER addressed to Judge P. Kevin Castel from Natalie J. Spears dated November 22, 2021 re: Stipulated Protective Order. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit A - Stipulated Protective Order).(Spears, Natalie) (Entered: 11/22/2021)
10/13/2021CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3), Fed. R. Civ. P. This case is to be tried to a jury. Deposition due by 6/30/2022. All Fact Discovery due by 6/30/2022. All Expert Discovery due by 8/13/2022. The next Case Management Conference set for 7/19/2022 at 02:00 PM before Judge P. Kevin Castel. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/13/2021) (ama) (Entered: 10/13/2021)
10/13/2021Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 10/13/2021. Parties to submit joint letter by October 20, 2021 Next case management conference is scheduled for July 19, 2022 at 2:00 p.m. (Nacanther, Florence) (Entered: 10/13/2021)
9/22/2021ANSWER to 1 Complaint,. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 09/22/2021)
9/20/2021ORDER: There will be a conference to address the means to achieve the five goals set forth in Rule 16(a), Fed. R. Civ. P. The Court intends to limit and constrain, among other things, the "comprehensive electronic and paper discovery," which the parties envision in their letter of September 20, 2021 in view of the proportionality and other considerations set forth in Rule 26(b)(1), Fed. R. Civ. P. In that regard, the circumstance that there were 95 depositions and approximately 200,000 pages of documents in the federal civil rights action should streamline discovery in this action, not prolong it as the letter to the Court suggests. Allowing free-wheeling discovery coupled with periodic pretrial conferences is no way to manage a case. The answer is achieving a common understanding at the outset and then holding the parties to limitations set by the Court. Conference set for October 13, 2021 at 2 p.m. in Courtroom 11D. SO ORDERED., ( Status Conference set for 10/13/2021 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 9/20/2021) (ama) (Entered: 09/20/2021)
9/20/2021JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge P. Kevin Castel from Andrew T. Miltenberg dated September 20, 2021. Document filed by Linda Fairstein. (Attachments: # 1 Text of Proposed Order Case Management Order).(Gorycki, Kara) (Entered: 09/20/2021)
8/20/2021Set/Reset Deadlines: Fact Discovery due by 4/17/2022. (nb) (Entered: 08/20/2021)
8/20/2021 ORDER granting 98 Letter Motion for Extension of Time to Answer re 98 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge P. Kevin Castel from Natalie J. Spears dated August 19, 2021., 1 Complaint,. The Complaint in this action has not been amended since defendants' first appearance in this case on March 25, 2020. The request for additional time to answer is surprising in view thereof. The Court will grant a one-time adjournment of time to answer to September 22, 2021. The parties shall jointly submit a Case Management Plan and Scheduling Plan by October 11, 2021 providing for the completion of fact discovery by April 17, 2022. The Clerk is directed to terminate the motion (Doc 98). Ava DuVernay answer due 9/22/2021; Attica Locke answer due 9/22/2021; Netflix Inc. answer due 9/22/2021. (Signed by Judge P. Kevin Castel on 8/20/2021) (nb) (Entered: 08/20/2021)
8/19/2021 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge P. Kevin Castel from Natalie J. Spears dated August 19, 2021. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 08/19/2021)
8/9/2021OPINION AND ORDER: re: 94 LETTER MOTION for Oral Argument. addressed to Judge P. Kevin Castel from Natalie Spears dated February 19, 2021. filed by Netflix Inc., Ava DuVernay, Attica Locke, 86 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss for Failure to State a Claim filed by Netflix Inc., Ava DuVernay, Attica Locke. Defendants' motion to dismiss is granted in part and denied in part. Specifically, the motion is denied as to the scenes described in paragraphs 77-85 (the creation of a timeline), 118-21 (the withholding of DNA evidence), 104-07 (the instructions to interrogate), 128 (Ryan's assertion that Fairstein "coerced" the Five into confessing), and 97-103 (the instructions to canvass Harlem). The motion to dismiss Fairstein's claim of civil conspiracy is also denied. (Compl't Paragraphs 375-82.) The motion is granted as to the scenes described in paragraphs 51-56 (the Central Park sequence), 59-61 (the drafting of the press release), 87-93 (Fairstein's bureaucratic infighting with Ryan), 108-15, 122 (debates between Lederer and Fairstein about the strength of evidence), 127-28 (statements in Fairstein's final meeting with Ryan that do not relate to "coerced" confessions), 64-66 (questioning about Antron McCray), and 94-96 (the reference to attackers as "animals"). The Clerk is directed to terminate the motion and the related letter-motion. (Docket # 86, 94.) SO ORDERED. (Signed by Judge P. Kevin Castel on 8/09/2021) (ama) (Entered: 08/09/2021)
7/30/2021 ENDORSED LETTER addressed to Judge P. Kevin Castel from Kara L. Gorycki dated 7/30/2021 re: Pre-Motion Letter: Motion to Exclude Submission From Case Docket or File Under Seal. ENDORSEMENT: The non-party submission has no relationship to the parties' dispute and will be rejected. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/30/2021) (jca) (Entered: 07/30/2021)
3/11/2021 ORDER: Exhibit A to document number 87 may be physically submitted to the Clerk of Court in DVD or CD or format. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/11/2021) (mml) (Entered: 03/11/2021)
2/19/2021 LETTER MOTION for Oral Argument addressed to Judge P. Kevin Castel from Natalie Spears dated February 19, 2021. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 02/19/2021)
2/19/2021 REPLY MEMORANDUM OF LAW in Support re: 86 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss for Failure to State a Claim. . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 02/19/2021)
1/29/2021DECLARATION of Kara L. Gorycki in Opposition re: 86 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss for Failure to State a Claim.. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F).(Gorycki, Kara) (Entered: 01/29/2021)
1/29/2021 MEMORANDUM OF LAW in Opposition re: 86 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss for Failure to State a Claim. . Document filed by Linda Fairstein..(Gorycki, Kara) (Entered: 01/29/2021)
1/29/2021***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kara Lynn Gorycki to RE-FILE Document 89 Reply Memorandum of Law in Opposition to Motion. ERROR(S): Supporting/Opposing documents must be filed separately, each receiving their own document number. Declaration in Opposition to Motion is found under the event list Replies, Opposition and Supporting Documents. NOTE: Re-file the Memorandum of Law using the event type Memorandum of Law in Opposition to Motion. (ldi) (Entered: 01/29/2021)
1/29/2021NOTICE of Appendix in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss re: 89 Reply Memorandum of Law in Oppisition to Motion,. Document filed by Linda Fairstein. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78).(Gorycki, Kara) (Entered: 01/29/2021)
1/29/2021 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Opposition re: 86 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss for Failure to State a Claim. . Document filed by Linda Fairstein. (Attachments: # 1 Affidavit Declaration of Cara L. Goryicki, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F).(Gorycki, Kara) Modified on 1/29/2021 (ldi). (Entered: 01/29/2021)
12/18/2020NOTICE of Appendix of Additional Exhibits in Support of Defendants' Motion to Dismiss re: 86 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss for Failure to State a Claim.. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19).(Spears, Natalie) (Entered: 12/18/2020)
12/18/2020 MEMORANDUM OF LAW in Support re: 86 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss for Failure to State a Claim. Defendants' Memorandum of Points and Authorities in Support of Motion to Dismiss. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Spears, Natalie) (Entered: 12/18/2020)
12/18/2020 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss for Failure to State a Claim. Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 12/18/2020)
12/7/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/16/20 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: 12/07/2020)
12/7/2020TRANSCRIPT of Proceedings re: CONFERENCE held on 11/16/2020 before Judge P. Kevin Castel. Court Reporter/Transcriber: Andrew Walker, (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 12/28/2020. Redacted Transcript Deadline set for 1/7/2021. Release of Transcript Restriction set for 3/8/2021..(McGuirk, Kelly) (Entered: 12/07/2020)
11/17/2020MEMO ENDORSEMENT granting 78 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. (Attorney Kimberly Dawn Swanson terminated.) (Signed by Judge P. Kevin Castel on 11/17/2020) (jwh) (Entered: 11/17/2020)
11/17/2020MEMO ENDORSEMENT granting 77 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. (Attorney Rachael S. Loukonen terminated.) (Signed by Judge P. Kevin Castel on 11/17/2020) (jwh) (Entered: 11/17/2020)
11/17/2020MEMO ENDORSEMENT granting 76 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. (Attorney Edward K. Cheffy terminated.) (Signed by Judge P. Kevin Castel on 11/17/2020) (jwh) (Entered: 11/17/2020)
11/16/2020Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Teleconference held on 11/16/2020. Appearing for plaintiff, Kara Lynn Gorycki. Appearing for defendants, Natalie J. Spears, Jacqueline A. Giannini and Sandra Hauser. Law Clerk, Jeff Eldridge. The motion to dismiss is deemed withdrawn, subject to the filing of a new Rule 12(b)(6) motion. Defendants motion is due December 18, 2020, plaintiffs response by January 29, 2021 and defendants reply by February 19, 2021. Page limits are extended to 30 pages for opening and response brief and 20 pages for reply. (Court Reporter Andrew Walker) (Nacanther, Florence) (Entered: 11/16/2020)
11/13/2020NOTICE OF APPEARANCE by Sandra Denise Hauser on behalf of Ava DuVernay, Attica Locke, Netflix Inc...(Hauser, Sandra) (Entered: 11/13/2020)
11/11/2020 JOINDER to join re: 53 Reply to Response to Motion, 28 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law, and Joinder in Motion of Defendants Duvernay and Locke to Dismiss for Improper Venue or to Transfer Venue . Document filed by Ava DuVernay, Attica Locke, Netflix Inc...(Spears, Natalie) (Entered: 11/11/2020)
11/9/2020 MOTION for Kimberly D. Swanson to Withdraw as Attorney . Document filed by Linda Fairstein. (Attachments: # 1 Affidavit Declaration of Kimberly D. Swanson).(Miltenberg, Andrew) (Entered: 11/09/2020)
11/9/2020 MOTION for Rachel S. Loukonen to Withdraw as Attorney . Document filed by Linda Fairstein. (Attachments: # 1 Affidavit Declaration of Rachel S. Loukonen).(Miltenberg, Andrew) (Entered: 11/09/2020)
11/9/2020 MOTION for Edward K. Cheffy to Withdraw as Attorney . Document filed by Linda Fairstein. (Attachments: # 1 Affidavit Declaration of Edward K. Cheffy).(Miltenberg, Andrew) (Entered: 11/09/2020)
11/9/2020JOINT LETTER addressed to Judge P. Kevin Castel from Andrew T. Miltenberg, Esq. dated 11/9/2020 re: Joint Pre-Trial Conference Letter. Document filed by Linda Fairstein..(Miltenberg, Andrew) (Entered: 11/09/2020)
10/17/202074 ORDER granting 71 Motion for Jacqueline Giannini to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 10/17/2020)
10/17/202073 ORDER granting 70 Motion for Gregory Naron to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 10/17/2020)
10/17/202072 ORDER granting 69 Motion for Natalie Spears to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 10/17/2020)
10/16/2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 71 MOTION for Jacqueline Giannini 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: 10/16/2020)
10/16/2020Pro Hac Vice Fee Paid electronically via Pay.gov: for 71 MOTION for Jacqueline Giannini to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number ANYSDC-22175349, paid on 10/16/2020..(wb) (Entered: 10/16/2020)
10/16/2020 MOTION for Jacqueline Giannini to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Affidavit of Jacqueline Giannini, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order).(Giannini, Jacqueline) (Entered: 10/16/2020)
10/16/2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 70 MOTION for Gregory Naron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22175258. Motion and supporting papers to be reviewed by Clerk's Office staff., 69 MOTION for Natalie Spears to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22174973. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 10/16/2020)
10/16/2020 MOTION for Gregory Naron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22175258. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Affidavit of Gregory Naron, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order).(Naron, Gregory) (Entered: 10/16/2020)
10/16/2020 MOTION for Natalie Spears to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22174973. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ava DuVernay, Attica Locke, Netflix Inc.. (Attachments: # 1 Affidavit of Natalie Spears, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order).(Spears, Natalie) (Entered: 10/16/2020)
10/16/2020NOTICE OF APPEARANCE by Kiran Patel on behalf of Ava DuVernay, Attica Locke, Netflix Inc...(Patel, Kiran) (Entered: 10/16/2020)
10/8/2020NOTICE OF APPEARANCE by Kara Lynn Gorycki on behalf of Linda Fairstein..(Gorycki, Kara) (Entered: 10/08/2020)
10/7/2020NOTICE OF APPEARANCE by Andrew Todd Miltenberg on behalf of Linda Fairstein..(Miltenberg, Andrew) (Entered: 10/07/2020)
9/30/2020ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/16/2020 at 12:30 PM before Judge P. Kevin Castel. Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981 (Signed by Judge P. Kevin Castel on 9/30/2020) (jwh) (Entered: 09/30/2020)
9/29/2020CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo) (Entered: 09/29/2020)
9/29/2020NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) (Entered: 09/29/2020)
9/29/2020Magistrate Judge Ona T. Wang 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo) (Entered: 09/29/2020)
9/29/2020Case Designated ECF. (sjo) (Entered: 09/29/2020)
9/29/2020CASE TRANSFERRED IN from the United States District Court - District of Florida Middle; Case Number: 2:20-cv-00180. Original file certified copy of transfer order and docket entries received. (sjo) (Entered: 09/29/2020)
9/24/2020 ORDERED: Defendants Ava DuVernay and Attica Locke's Motion to Dismiss for Lack of Personal Jurisdiction or in the Alternative, Joint Motion with Netflix, Inc. to Dismiss for Improper Venue or Transfer 26 , is GRANTED IN PART. The Clerk is DIRECTED to transfer this matter to the Southern District of New York and close this Middle-District-of-Florida case. Signed by Judge John L. Badalamenti on 9/24/2020. (SMG) [Transferred from Florida Middle on 9/29/2020.] (Entered: 09/24/2020)
8/18/2020NOTICE OF SELECTION of Jay M. Cohen as mediator by Linda Fairstein. (Swanson, Kimberly) [Transferred from Florida Middle on 9/29/2020.] (Entered: 08/18/2020)
8/5/2020NOTICE of pendency of related cases per Local Rule 1.04(d) by Ava DuVernay, Attica Locke, Netflix, Inc.. Related case(s): no (Price, Kelley) [Transferred from Florida Middle on 9/29/2020.] (Entered: 08/05/2020)
8/4/2020 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/24/2020, Joinder of Parties due by 9/24/2020, Discovery due by 1/14/2022, Dispositive motions due by 2/15/2022, Pretrial statement due by 6/14/2022, All other motions due by 6/11/2022, Plaintiff disclosure of expert report due by 10/15/2021, Defendant disclosure of expert report due by 11/15/2021, Final Pretrial Conference set for 6/24/2022 at 01:30 PM in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti, Trial term commencing 7/5/2022 in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti., Conduct mediation hearing by 1/31/2022. Lead counsel to coordinate dates. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 8/4/2020. (jmc) [Transferred from Florida Middle on 9/29/2020.] (Entered: 08/04/2020)
8/4/2020Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: granting 57 Motion for Extension of Time to File Notice of related Cases; PRELIMINARY PRETRIAL CONFERENCE held on 8/4/2020. (Digital) (jmc) [Transferred from Florida Middle on 9/29/2020.] (Entered: 08/04/2020)
8/4/202057ORAL MOTION for Extension of Time to File Notice of Related Cases by All Defendants. (jmc) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 9/29/2020.] (Entered: 08/04/2020)
8/4/202056TEXT ORDER denying as moot and without prejudice 30 Defendant Netflix Inc.'s Special Motion to Strike Pursuant to California Anti-SLAPP Act, Cal. C.C.P. § 425.16. in light of 54 Defendant Netflix Inc.'s Notice of Withdrawal regarding same. Signed by Magistrate Judge Mac R. McCoy on 8/4/2020. (McCoy, Mac) [Transferred from Florida Middle on 9/29/2020.] (Entered: 08/04/2020)
8/2/2020NOTICE of pendency of related cases re 14 Related case order and track 1 notice per Local Rule 1.04(d) by Linda Fairstein. Related case(s): no (Swanson, Kimberly) [Transferred from Florida Middle on 9/29/2020.] (Entered: 08/02/2020)
7/29/2020NOTICE of withdrawal of motion by Netflix, Inc. re 30 MOTION to Strike 1 Complaint (Special Motion to Strike Pursuant to California anti-SLAPP Act, CAL. C.C.P. § 425.16 filed by Netflix, Inc. (Spears, Natalie) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/29/2020)
7/29/2020REPLY to Response to Motion re 28 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law, and Joinder in Motion of Defendants Duvernay and Locke to Dismiss for Improper Venue or to Transfer Venue filed by Netflix, Inc.. (Spears, Natalie) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/29/2020)
7/29/2020DECLARATION of Kelley Geraghty Price re 51 Reply to Response to Motion by Ava DuVernay, Attica Locke. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Spears, Natalie) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/29/2020)
7/29/2020REPLY to Response to Motion re 26 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Joint Motion with Netflix, Inc. to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law filed by Ava DuVernay, Attica Locke. (Spears, Natalie) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/29/2020)
7/27/2020CASE MANAGEMENT REPORT. (Swanson, Kimberly) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/27/2020)
7/27/2020PRETRIAL AND DISCOVERY PLAN. (Swanson, Kimberly) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/27/2020)
7/23/202048ENDORSED ORDER granting 47 Motion to File Excess Pages. Defendants Ava DuVernay and Attica Locke's joint reply in support of their Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Joint Motion with Netflix, Inc. to Dismiss for Improper Venue or Transfer (Doc. 26) shall not exceed eighteen (18) pages. Netflix Inc's reply in support of its Motion to Dismiss for Failure to State a Claim (Doc. 28) shall not exceed twenty (20) pages. Both replies shall be filed no later than August 6, 2020. (VK) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/23/2020)
7/20/2020Consent MOTION to File Excess Pages (Agreed Motion Requesting Leave to File Reply Briefs in Excess of Fifteen Pages) by Ava DuVernay, Attica Locke, Netflix, Inc.. (Spears, Natalie) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/20/2020)
7/1/2020APPENDIX by Linda Fairstein. (Attachments: # 1 Appendix Part 2, # 2 Appendix Part 3, # 3 Appendix Part 4, # 4 Appendix Part 5, # 5 Appendix Part 6, # 6 Appendix Part 7, # 7 Appendix Part 8, # 8 Appendix Part 9, # 9 Appendix Part 10, # 10 Appendix Part 11, # 11 Appendix Part 12, # 12 Appendix Part 13, # 13 Appendix Part 14, # 14 Appendix Part 15, # 15 Appendix Part 16, # 16 Appendix Part 17, # 17 Appendix Part 18, # 18 Appendix Part 19, # 19 Appendix Part 20, # 20 Appendix Part 21, # 21 Appendix Part 22, # 22 Appendix Part 23, # 23 Appendix Part 24, # 24 Appendix Part 25, # 25 Appendix Part 26)(Cheffy, Edward) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/01/2020)
7/1/2020RESPONSE in Opposition re 28 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law, and Joinder in Motion of Defendants Duvernay and Locke to Dismiss for Improper Venue or to Transfer Venue filed by Linda Fairstein. (Attachments: # 1 Declaration of Kara Gorycki)(Cheffy, Edward) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/01/2020)
7/1/2020RESPONSE in Opposition re 30 MOTION to Strike 1 Complaint (Special Motion to Strike Pursuant to California anti-SLAPP Act, CAL. C.C.P. § 425.16 filed by Linda Fairstein. (Attachments: # 1 Declaration of Linda Fairstein)(Cheffy, Edward) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/01/2020)
7/1/2020DECLARATION of Lance R. Ribacoff by Linda Fairstein. (Attachments: # 1 Exhibit 1 - Complaint, # 2 Exhibit 2 - Excel Spreadsheet, # 3 Exhibit 3 - Excel Spreadsheet, # 4 Exhibit 4 - Excel Spreadsheet)(Cheffy, Edward) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/01/2020)
7/1/2020DECLARATION of Linda Fairstein by Linda Fairstein. (Cheffy, Edward) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/01/2020)
7/1/2020RESPONSE in Opposition re 26 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Joint Motion with Netflix, Inc. to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law filed by Linda Fairstein. (Attachments: # 1 Declaration of Joanne Sinchuk, # 2 Declaration of Carolyn Madden, # 3 Declaration of Chad Leonard, # 4 Declaration of Tim Clements, # 5 Declaration of Elizabeth Lederer, # 6 Declaration of Patricia Meili, # 7 Declaration of Robert Nugent, # 8 Declaration of Eric Reynolds)(Cheffy, Edward) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/01/2020)
7/1/202040ENDORSED ORDER. Before the Court is Plaintiff Linda Fairstein's Agreed Motion Requesting Leave to File Brief in Excess of Twenty Pages filed on June 15, 2020. (Doc. 37 ). Plaintiff seeks leave to file a thirty-page response to Defendants Ava Duvernay and Attica Locke's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Joint Motion with Netflix, Inc. to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law (Doc. 26 ). Since good cause has been shown and the request is unopposed, the motion is GRANTED. Plaintiff may file a response, not to exceed thirty (30) pages in total length, on or before July 15, 2020. Signed by John L. Badalamenti on 7/1/2020. (KDB) [Transferred from Florida Middle on 9/29/2020.] (Entered: 07/01/2020)
6/23/202039NOTICE of hearing: Preliminary Pretrial Conference set for 8/4/2020 at 10:30 AM before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587, SECURITY CODE: 20180. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than 7/27/2020. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc) [Transferred from Florida Middle on 9/29/2020.] (Entered: 06/23/2020)
6/16/202038 Case Reassigned to John L. Badalamenti. New case number: 2:20-cv-180-FtM-66MRM. Judge Thomas P. Barber no longer assigned to the case. (MLJ) [Transferred from Florida Middle on 9/29/2020.] (Entered: 06/16/2020)
6/15/2020 MOTION to File Excess Pages Leave to File Brief in Excess of Twenty Pages by Linda Fairstein. (Swanson, Kimberly) [Transferred from Florida Middle on 9/29/2020.] (Entered: 06/15/2020)
6/10/2020RESPONSE in Opposition re 34 MOTION for Miscellaneous Relief, specifically Motion for Leave to Conduct Jurisdictional Discovery Defendants Ava Duvernay and Attica Locke's Opposition to Plaintiff's Motion for Leave to Conduct Jurisdictional Discovery filed by Ava DuVernay, Attica Locke. (Attachments: # 1 Exhibit A - Reid Transcript, # 2 Exhibit B - Reid Decision)(Spears, Natalie) [Transferred from Florida Middle on 9/29/2020.] (Entered: 06/10/2020)
5/27/2020AFFIDAVIT of Linda Fairstein re: 34 MOTION for Miscellaneous Relief, specifically Motion for Leave to Conduct Jurisdictional Discovery by Linda Fairstein. (Cheffy, Edward) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/27/2020)
5/27/2020 MOTION for Miscellaneous Relief, specifically Motion for Leave to Conduct Jurisdictional Discovery by Linda Fairstein. (Attachments: # 1 Exhibit A - South Florida Times Article)(Cheffy, Edward) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/27/2020)
5/18/202033ENDORSED ORDER granting 31 Unopposed Joint Motion for Extension of Time for Opposition [sic] and Leave to File Reply Memoranda. Plaintiff must respond to the pending motions to dismiss and to strike (Docs. 26 , 28 , 30 ) no later than 7/1/2020. Thereafter, Defendants may file reply memoranda of no more than 15 pages in further support of the same motions no later than 7/29/2020. Signed by Magistrate Judge Mac R. McCoy on 5/18/2020. (McCoy, Mac) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/18/2020)
5/18/2020 ORDER granting 27 Motion to Admit Counsel Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Clerk is directed to add Kiran Patel to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Kiran Patel must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Kiran Patel must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/18/2020. (McCoy, Mac) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/18/2020)
5/18/2020Unopposed MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Joint Motion with Netflix, Inc. to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law, 30 MOTION to Strike 1 Complaint (Special Motion to Strike Pursuant to California anti-SLAPP Act, CAL. C.C.P. § 425.16, 28 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law, and Joinder in Motion of Defendants Duvernay and Locke to Dismiss for Improper Venue or to Transfer Venue by Linda Fairstein. (Cheffy, Edward) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/18/2020)
5/18/2020 MOTION to Strike 1 Complaint (Special Motion to Strike Pursuant to California anti-SLAPP Act, CAL. C.C.P. § 425.16 by Netflix, Inc.. (Spears, Natalie) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/18/2020)
5/18/2020APPENDIX re 28 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law, and Joinder in Motion of Defendants Duvernay and Locke to Dismiss for Improper Venue or to Transfer Venue (Appendix of Additional Exhibits) by Netflix, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)(Spears, Natalie) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/18/2020)
5/18/2020 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law, and Joinder in Motion of Defendants Duvernay and Locke to Dismiss for Improper Venue or to Transfer Venue by Netflix, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Spears, Natalie) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/18/2020)
5/18/2020 MOTION for Kiran Patel to appear pro hac vice by Ava DuVernay, Attica Locke, Netflix, Inc.. (Price, Kelley) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/18/2020)
5/18/2020 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Joint Motion with Netflix, Inc. to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by Ava DuVernay, Attica Locke. (Attachments: # 1 Exhibit Declaration of Ava Duvernay, # 2 Exhibit Declaration of Attica Locke, # 3 Exhibit Declaration of Jacqueline Giannini, # 4 Exhibit Exhibit 1 to Declaration of Jacqueline Giannini, # 5 Exhibit Exhibit 2 to Declaration of Jacqueline Giannini, # 6 Exhibit Exhibit 3 to Declaration of Jacqueline Giannini, # 7 Exhibit Exhibit 4 to Declaration of Jacqueline Giannini, # 8 Exhibit Exhibit 5 to Declaration of Jacqueline Giannini, # 9 Exhibit Exhibit 6 to Declaration of Jacqueline Giannini, # 10 Exhibit Exhibit 7 to Declaration of Jacqueline Giannini, # 11 Exhibit Exhibit 8 to Declaration of Jacqueline Giannini, # 12 Exhibit Exhibit 9 to Declaration of Jacqueline Giannini, # 13 Exhibit Exhibit 10 to Declaration of Jacqueline Giannini, # 14 Exhibit Exhibit 11 to Declaration of Jacqueline Giannini)(Spears, Natalie) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/18/2020)
5/18/202025TEXT ORDER denying without prejudice 24 Motion to Admit Counsel Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. M.D. Fla. R. 2.02(a) requires an attorney seeking special admission to practice before this Court to be "a member in good standing of the bar of any District court of the United States." The instant motion states that the applicant, Kiran Patel, "is a member in good standing of the New York State Bar." This representation does not satisfy the requirement of M.D. Fla. R. 2.02(a). The motion may be renewed in compliance with this Court's rules. Signed by Magistrate Judge Mac R. McCoy on 5/18/2020. (McCoy, Mac) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/18/2020)
5/18/2020 MOTION for Kiran Patel to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16820968 for $150 by Ava DuVernay, Attica Locke, Netflix, Inc.. (Price, Kelley) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/18/2020)
5/8/202023ENDORSED ORDER: The "Agreed Motion Requesting Leave to File Briefs in Excess of 25 Pages" (Doc. 22 ) is hereby granted. Defendant Netflix, Inc. may file a motion to dismiss and supporting memorandum of law that does not exceed forty pages, excluding captions and signatures. Plaintiff Linda Fairstein may file a response in opposition that does not exceed forty pages, excluding captions and signatures. Signed by Judge Thomas P. Barber on 5/8/2020. (ANL) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/08/2020)
5/8/2020 MOTION for leave to file a response in excess of 25 pages by Netflix, Inc. (Price, Kelley) Modified to edit event on 5/8/2020 (MLJ). [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/08/2020)
5/7/2020 ORDER granting (Docs. 17 , 18 , 19 ) the Motions to Admit Counsel Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Clerk is directed to add Jacqueline A. Gianni, Esq., Natalie J. Spears, Esq., and Gregory R. Naron, Esq. to the service list; unless already completed, within fourteen (14) days from the date of this Order, Jacqueline A. Gianni, Esq., Natalie J. Spears, Esq., and Gregory R. Naron, Esq. must send the required fee to the Clerk's Office, unless already completed, within fourteen (14) days from the date of this Order, Jacqueline A. Gianni, Esq., Natalie J. Spears, Esq., and Gregory R. Naron, Esq. must complete and submit the E-Filer Registration Form for CM/ECF. Failure to register may cause the Court to revoke permission to appear specially. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/7/2020. (JTB) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/07/2020)
5/7/2020CORPORATE Disclosure Statement by Netflix, Inc.. (Price, Kelley) [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/07/2020)
5/7/2020 MOTION for Gregory R. Naron to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16787859 for $150 by Netflix, Inc.. (Price, Kelley) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/07/2020)
5/7/2020 MOTION for Natalie J. Spears to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16787827 for $150 by Netflix, Inc.. (Price, Kelley) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/07/2020)
5/7/2020 MOTION for Jacqueline A. Giannini to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16787696 for $150 by Netflix, Inc.. (Price, Kelley) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 9/29/2020.] (Entered: 05/07/2020)
3/25/2020NOTICE of Appearance by Eric S. Olson on behalf of Ava DuVernay, Attica Locke, Netflix, Inc. (Olson, Eric) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/25/2020)
3/25/2020NOTICE of Appearance by Kelley Geraghty Price on behalf of Ava DuVernay, Attica Locke, Netflix, Inc. (Price, Kelley) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/25/2020)
3/25/2020 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER. Signed by All Divisional Judges on 3/25/2020. (jmc) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/25/2020)
3/23/2020WAIVER of service returned executed on 03/19/2020 by Linda Fairstein as to Netflix, Inc.. (Swanson, Kimberly) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/23/2020)
3/23/2020WAIVER of service returned executed on 03/19/2020 by Linda Fairstein as to Attica Locke. (Swanson, Kimberly) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/23/2020)
3/23/2020WAIVER of service returned executed on 03/19/2020 by Linda Fairstein as to Ava DuVernay. (Swanson, Kimberly) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/23/2020)
3/21/2020 ORDER granting 6 Motion to Admit Counsel Pro Hac Vice. The Clerk is directed to add Andrew Miltenberg to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Andrew Miltenberg must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Andrew Miltenberg must complete and submit the E-Filer Registration Form for CM/ECF. Failure to register may cause the Court to revoke permission to appear specially. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 3/21/2020. (McCoy, Mac) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/21/2020)
3/21/2020 ORDER granting 5 Motion to Admit Counsel Pro Hac Vice. The Clerk is directed to add Kara Gorycki to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Kara Gorycki must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Kara Gorycki must complete and submit the E-Filer Registration Form for CM/ECF. Failure to register may cause the Court to revoke permission to appear specially. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 3/21/2020. (McCoy, Mac) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/21/2020)
3/19/2020***PRO HAC VICE FEES paid by attorney Andrew Miltenberg, appearing on behalf of Linda Fairstein (Filing fee $150 receipt number FTM014506.) Related document: 6 MOTION for Andrew Miltenberg to appear pro hac vice . (SPB) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/23/2020)
3/19/2020***PRO HAC VICE FEES paid by attorney Kara Goryci, appearing on behalf of Linda Fairstein (Filing fee $150 receipt number FTM014506.) Related document: 5 MOTION for Kara Gorycki to appear pro hac vice . (SPB) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/23/2020)
3/18/20208 Case Reassigned to Magistrate Judge Mac R. McCoy. New case number: 2:20-cv-180-FtM-MRM. Magistrate Judge Nicholas P. Mizell no longer assigned to the case. Motion(s) REFERRED: 6 MOTION for Andrew Miltenberg to appear pro hac vice , 5 MOTION for Kara Gorycki to appear pro hac vice . Motion(s) referred to Magistrate Judge Mac R. McCoy. (laf) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/18/2020)
3/18/2020 ORDER of recusal. Magistrate Judge Mizell hereby disqualifies himself from these proceedings, pursuant to 28 U.S.C. § 455 and in the interest of justice. This case shall be transferred to the next assigned Magistrate Judge in the Fort Myers Division. Signed by Magistrate Judge Nicholas P. Mizell on 3/18/2020. (brh) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/18/2020)
3/18/2020 MOTION for Andrew Miltenberg to appear pro hac vice by Linda Fairstein. (Swanson, Kimberly) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/18/2020)
3/18/2020 MOTION for Kara Gorycki to appear pro hac vice by Linda Fairstein. (Swanson, Kimberly) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/18/2020)
3/18/20204 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Nicholas P. Mizell. New case number: 2:20-cv-180-FtM-60NPM. (SJB) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/18/2020)
3/18/2020NOTICE of Appearance by Rachael S. Loukonen on behalf of Linda Fairstein (Loukonen, Rachael) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/18/2020)
3/18/2020NOTICE of Appearance by Kimberly Dawn Swanson on behalf of Linda Fairstein (Swanson, Kimberly) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/18/2020)
3/18/2020COMPLAINT against Linda Fairstein with Jury Demand (Filing fee $ 400 receipt number 113A-16604784) filed by Linda Fairstein. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit 1 - Netflix notice letter, # 3 Exhibit Exhibit 2 - DuVernay notice letter, # 4 Exhibit Exhibit 3 - Locke notice letter)(Cheffy, Edward) [Transferred from Florida Middle on 9/29/2020.] (Entered: 03/18/2020)