Saturday, August 5, 2023

In MLM Case Against Trump Deponent Resisted Being Asked About Political Support

 

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Aug 2 – In 2018 the lawyer who in 2023 represented E. Jean Carroll at trial against Donald J. Trump filed a civil damages suit, with four unnamed plaintiffs, against Trump and his children for their promotion of "a company called ACN, a multi-level marketing company

  On May 19, 2023, U.S. District Court for the Southern District of New York Judge Lorna G. Schofield signed an order releasing from the case Eric Trump, Ivanka Trump and Donald J. Trump, Jr..

  Roberta Kaplan, who Inner City Press covered earlier in the week representing NYU against a John Doe named in a #MeToo Google Spreadsheet online, said

  "Discovery in this case, including the depositions given by Ivanka Trump, Donald Trump Jr. and Eric Trump, made clear that Donald J. Trump himself was the architect, principal actor and largest beneficiary of the fraudulent scheme to endorse and promote ACN in exchange for secret payments. That is why we proposed this stipulation in the first place: Donald J. Trump and the company he used to carry out the scheme, The Trump Corporation, are the right defendants as we move toward a jury trial." 

On June 16, plaintiffs' counsel filed seeking to depose Trump's "late-disclosed" witnesses: Al Plumb, John Barringer, Devonne Richardson and Angelique Davis.

On June 22, Magistrate Judge Sarah L. Cave held a proceeding on the plaintiffs' request for depositions. Inner City Press covered it, thread here

OK - now covering Trump "pyramid scheme" case, brought by E. Jean Carroll's lawyer starting in 2018 - plaintiffs will now get to depose four witnesses, or fewer but for a total of eight hours, over the next 30 days. 

Plaintiffs' lawyer John Quinn of Kaplan Hecker and Fink: Thanks, Your Honor. Trump's lawyer: There's no right to put in any further briefing on summary judgment. But I bet we'll see a letter asking for that. I ask for a preemptive ruling that no such application will be made.

Magistrate Judge Cave: I can't do that.

On August 2, Judge Cave entered an order: "ORDER: The Court's rulings and guidance, which shall apply to the depositions of each of the IBO Witnesses, are summarized as follows: 1. The Court sustained Mr. Plumb's objection to the question of whether he considers himself to be a "political supporter" of any particular political candidate, but gave Plaintiffs' counsel guidance as to more specific questions that were permissible on the topic of providing political support. 2. The Court granted Plaintiffs' request to compel the IBO Witnesses' testimony regarding (i) their definition of the term "successful" as used in the Declarations, and (ii) the amount(s) of any monthly or annual payments they receive from ACN. 3. The Court permitted Plaintiffs to question IBO Witness Angelique Davis regarding her use of any other legal names, and to confirm whether Ms. Davis is or was a party to particular court proceedings. The Court's full rulings and guidance are reflected in the transcript of the call made by the deposition court reporter. The Court also recorded the call. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/2/2023)."

  Could it be... Trump Trial 2? Trump Trial 1 here.

The case is McKoy, et al. v. The Trump Corporation and Donald J. Trump, 18-cv-9936 (Schofield / Cave)

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