By Matthew Russell Lee, Patreon ASA Filing
SDNY COURTHOUSE, March 23 – In case of E. Jean Carroll v Trump, on September 27, 2022, a three-judge panel of the Second Circuit Court of Appeals ruled to reverse the District Court’s holding that the President of the United States is not an employee of the government under the Westfall Act Full decision(s) here.
On September 28 Trump's lawyer Alina Habba wrote to Judge Kaplan asking that he change the caption of the case - and stay it. She argued, "the DC Court of Appeals forthcoming ruling will be case-dispositive and, therefore, it would be highly prejudicial and inequitable for Defendant to engage in time consuming and expensive pre-trial preparation."
On February 7, Judge Kaplan held a proceeding with Carroll's and Trump's new lawyer. Inner City Press live tweeted it here.
On February 10, Trump's new / trial lawyer filed with Judge Kaplan pointing to an E. Jean Carroll tweet about Trump's DNA on her dress. The "full DNA report" is requested.
On February 15, Judge Kaplan denied Trump's request: "ORDER denying [51] Letter Motion for Discovery. Mr. Trump has offered no persuasive reason to relieve [him] of the consequences of [his] own failure to seek [the appendix] in a timely fashion. He has failed to demonstrate good cause to reopen discovery for the purpose of obtaining these pages of the DNA report. Nor is there any legitimate basis for this Court to accept Mr. Trumps offer to provide his DNA sample made contingent on the Court granting his application, which it does not. Accordingly, Mr. Trumps letter application (Dkt 51) is denied. (Signed by Judge Lewis A. Kaplan on 2/15/2023)." Full order here.
On March 20, Judge Kaplan denied the request to consolidate the two trials: "ORDER denying [147] Letter Motion to Consolidate Cases. The letter motion to consolidate these cases for trial, filed in the first captioned case as Dkt 14 7, is denied. The parties overestimate both the judicial economy benefits that would be achieved and the risk of inconsistent rulings that would be eliminated by consolidation. Issue preclusion appears to the Court adequate to achieve appropriate conservation of judicial resources and avoidance of inconsistent rulings even if the two cases were tried separately. Moreover, a trial in 20-cv-7311 conceivably could prove unnecessary. In addition, approval of the consolidation proposal would be in tension with the deference to the Second Circuit and the District of Columbia Court of Appeals that this Court believes appropriate in the circumstances. 2.The trial of 20-cv-7311, previously scheduled tentatively to begin on April 10, 2023, is adjourned sine die. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/20/23)."
On March 23, Judge Kaplan ordered an anonymous jury: "MEMORANDUM OPINION RE ANONYMOUS JURY. For the foregoing reasons, (I) the names, addresses, and places of employment of prospective jurors on the voir dire panel, as well as jurors who ultimately are selected for the petit jury, shall not be revealed, (2) petit jurors shall be kept together during recesses and the United States Marshal Service ("USMS") shall take the petit jurors to, or provide them with, lunch as a group throughout the pendency of the trial, and (3) at the beginning and end of each trial day, the petit jurors shall be transported together or in groups from one or more undisclosed location or locations at which the jurors can assemble or from which they may return to their respective residences. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/23/23)."
Back on October 3, 2022 after Carroll argued that the "Second Circuit's ruling changed hardly anything," Habba wrote in a again, calling his "asinine and manifestly false."
On October 6, the lawyers called in from Kansas during the deposition of Stephanie Grisham who was on painkillers due to a broken foot. Judge Kaplan inquired, then said the deposition should go forward.
On October 7, after a full day presiding over Anthony Rapp v. Kevin Spacey, Judge Kaplan told the parties that he will rule soon but there is no stay on discovery and they are to meet all their responsibilities and commitments.
On October 12, while presiding over the Anthony Rapp v. Kevin Spacey trial, Judge Lewis A. Kaplan issued an order formally denying any stay of discovery, which Inner City Press has put on its DocumentCloud here.
On November 29, Judge Kaplen set the trial for April 10, 2023: "ORDER re: Plaintiffs consent letter motion (Dkt 97), as supplemented (Dkt 98), is granted to the extent that (1) the trial of this action is postponed until April 10, 2023, and (2) the Court adopts, for this action only, the proposed schedule for in limine motions and exchange of premarked exhibits. Except as modified by the preceding sentence, the scheduling and supplemental scheduling orders (Dkt 76, Dkt 77) remain in effect. Insofar as plaintiffs motion, as supplemented, relates to the subsequently filed action Carroll v Trump, 22-cv-10016 (LAK), the Court does not now make any rulings. (Signed by Judge Lewis A. Kaplan on 11/29/2022)."
On December 21, Judge Kaplan ordered: "No discovery taken in Carroll v. Trump, 20-cv-7311 (LAK) (hereinafter "Carroll I") shall be inadmissible in this action on the basis that it was taken in Carroll I and not in this action. Each of the parties may object to the admissibility in this action of discovery derived from Carroll I on any other independent basis and as further set forth in this Order. The following schedule shall govern further proceedings in this case: Motions due by 2/23/2023. Responses due by 3/9/2023 Replies due by 3/16/2023. Deposition due by 1/30/2023. Expert Discovery due by 2/6/2023. Pretrial Order due by 2/16/2023. The Court will resolve the question whether to consolidate or jointly try Carroll I with this case at a later date. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/21/22)."
That new case, under the NYS ASA, Inner City Press has put the complaint on Patreon here.
Back on February 22, 2022, Trump's lawyers argued to amend their complaint to include new provisions of NYS' anti-SLAPP law. Judge Kaplan heard and spoke to the arguments; Inner City Press live tweeted here
and below.
On September 20, suddenly docketed in the case are letters from Carroll's counsel dated August 8, stating that she wants to depose Trump as well as sue under NYS' Adult Survivors Act as soon as possible (November 24, 2022). Letter on Patreon here.
The NYS Adult Survivors Act is N.Y. C.P.L.R. Section 214-j.
The first case is (still) named Carroll v. Trump, 20-cv-7311 (Kaplan).
The second case is Carroll v. Trump, 22-cv-10016 (Kaplan)
Then:
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