By Matthew Russell Lee, Patreon, thread, II
SDNY COURTHOUSE, July 13 – Roy Moore's defamation lawsuit against Sacha Baron Cohen was ended in the U.S. District Court for the Southern District of New York on July 13 as Judge John P. Cronan granted Cohen summary judgment: "Defendants have moved for summary judgment, arguing that Plaintiffs’ claims are barred by both a waiver clause in the agreement that Judge Moore signed prior to the interview and also by the First Amendment of the U.S. Constitution. The Court agrees that Judge Moore’s claims are barred by the unambiguous contractual language, which precludes the very causes of action he now brings. Although Kayla Moore was not a signatory to that contract, her claims are barred by the First Amendment. Accordingly, Defendants’ motion is granted in its entirety." Order on Inner City Press' DocumentCloud here.
Update: soon after the order, this: "NOTICE OF APPEAL. Document filed by Kayla Moore, Roy Stewart Moore. Filing fee $ 505.00, receipt number ANYSDC-24786422. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Klayman, Larry)."
Inner City Press has covered the case throughout, initially before SDNY Judge Andrew L. Carter, live tweeted here.
On December, with the case reassigned to new(er) SDNY Judge John P. Cronan, another conference was held, which Inner City Press also covered and live tweeted, here.
On June 10, 2021, Judge Cronan held a proceeding and Inner City Press again covered it. He will not be recusing himself, but expect the video of Cohen's deposition to be released. Short podcast here; Thread here and below
Now on June 18 - Juneteenth - Moore's lawyer Klayman has submitted to Judge Cronan as supplemental authority a 1984 Fifth Circuit case, Braun v. Flynn, F.2d 245, saying it concerns "a novelty entertainer who performed an act with a swimming pig at a family oriented amusement park sued a sexual oriented men's magazine for defamation for publishing her photo in its 'Chic Thrills' section" - and won.
Judge Carter on August 1 summoned each party's lawyers to his robing room, first together then one by one, ex parte. When they emerged a schedule was set. Klayman's pro hac vice application is due on August 8, and then on August 22 the status of the case, including if the party's consent to referral to an SDNY Magistrate Judge.
Inner City Press afterward in the hall outside Judge Carter's courtroom asked Klayman if he or his client are amenable to referral to a Magistrate. Klayman told Inner City Press that he found Judge Carter to be fair, emphasizing that was on the record, he would like it reported.
When Inner City Press asked about a separate disciplinary action pending in the District of Columbia Klayman said it was a complaint by a dissatisfied client who sued Voice of America and said he had gotten Gloria Alred, who was at the SDNY this week speaking to the press about Jeffrey Epstein, to express support for him. Klayman's Law Group, with an American flag on the business card he gave to Inner City Press, has offices in Washington and Florida. Whether the long ago interchange with Judge Chin will or should have an impact on this case in the SDNY in 2019 in a question for another day. August 8, to be precise.
This case is Moore et al. v. Cohen et al., 19-cv-4977 (Cronan).
