1
00:00:00,080 --> 00:00:02,640
Speaker 1: What's up, everyone, and welcome to another episode of The

2
00:00:02,680 --> 00:00:06,120
Diddy Diaries. In this episode, we're getting back to the

3
00:00:06,200 --> 00:00:09,640
Tony Buzby response to the motion for sanctions that was

4
00:00:09,720 --> 00:00:14,679
filed by Jay z One. Carter's lawyers do not and

5
00:00:14,759 --> 00:00:20,559
cannot show that Buzzby's investigation was inadequate. Buzzby's investigation unquestionably

6
00:00:20,640 --> 00:00:24,719
passes muster under Rule eleven, and his refusal to withdraw

7
00:00:24,960 --> 00:00:30,000
plaintiff's claim against Carter unquestionably is justified and indeed mandated

8
00:00:30,039 --> 00:00:34,799
bi applicable professional ethics, given that Carter's lawyers challenge that

9
00:00:34,920 --> 00:00:40,159
investigation based principally on NBC News report questioning certain details

10
00:00:40,359 --> 00:00:44,520
in plaintiff's allegations, but NBC itself acknowledge that its report

11
00:00:44,600 --> 00:00:48,280
did not establish that plaintiff's claim was false. Moreover, when

12
00:00:48,280 --> 00:00:52,280
Carter's lawyers relied on their own investigation concerning ownership of

13
00:00:52,320 --> 00:00:55,079
the house where the rate may have taken place, they

14
00:00:55,079 --> 00:00:58,479
got the details wrong see INFRA Pages seventeen and eighteen.

15
00:00:58,920 --> 00:01:02,960
See also cast Away its declaration example c showing that

16
00:01:03,039 --> 00:01:06,680
Combs on the property in question beginning in nineteen ninety eight,

17
00:01:07,000 --> 00:01:10,560
contrary to Carter's lawyer's representation that he did not own

18
00:01:10,599 --> 00:01:14,719
it until two thousand and one. As discussed above, both

19
00:01:14,760 --> 00:01:17,840
Buzzby Firm and co counsel who referred plaintiff to Buzzby

20
00:01:18,040 --> 00:01:22,200
Abbe Law Group performs extensive diligence on plaintiff and her claims,

21
00:01:22,719 --> 00:01:27,840
including background checks, intensive interviews, and research and verification of

22
00:01:28,000 --> 00:01:33,040
numerous details, including by a retired police detective. Carter's lawyer's

23
00:01:33,079 --> 00:01:37,760
misconduct also includes shamefully attempting to destroy Busby's fine reputation

24
00:01:38,159 --> 00:01:41,480
by baselessly arguing that Busby is a repeat offender of

25
00:01:41,599 --> 00:01:45,640
Rule eleven. That allegation for which they cite no decision

26
00:01:45,680 --> 00:01:49,719
by any court, is provably false. Indeed, the only purported

27
00:01:49,760 --> 00:01:52,519
basis for their argument is a case in which they

28
00:01:52,519 --> 00:01:56,799
concede that Busby voluntarily amended the pleading at issue to

29
00:01:56,840 --> 00:02:01,840
correct the two mistaken factual assertions. Harter's lawyers also disparage

30
00:02:01,879 --> 00:02:05,480
Busby by baselessly arguing that he is attempting to avoid

31
00:02:05,519 --> 00:02:08,879
sanctions by failing to apply for pro hawk vice admission

32
00:02:09,360 --> 00:02:12,360
that is blatantly false in any event, as mister Busby

33
00:02:12,400 --> 00:02:15,639
advised the court in a December twenty, twenty twenty four

34
00:02:16,039 --> 00:02:19,400
letter he is admitted to practice in the Eastern District

35
00:02:19,439 --> 00:02:22,599
of New York and is applying for reciprocal admission to

36
00:02:22,680 --> 00:02:26,240
the Southern District. Mister Busby is aware of no requirement

37
00:02:26,479 --> 00:02:29,319
that he applied for interim pro hawc vice admission while

38
00:02:29,319 --> 00:02:33,280
his application for reciprocal admission is pending. Of course, if

39
00:02:33,280 --> 00:02:36,400
the court would prefer, mister Busby will apply for interim

40
00:02:36,439 --> 00:02:40,080
pro hawk vice admission in short order. See Rules of

41
00:02:40,120 --> 00:02:45,800
Professional Conduct twenty two and ycr R. Twelve hundred, Rule one.

42
00:02:46,000 --> 00:02:49,599
A lawyer shall not intentionally prejudice or damage the client

43
00:02:49,680 --> 00:02:53,800
during the course of the representation, except as permitted or

44
00:02:53,879 --> 00:02:57,520
acquired by these rules. While mister Busby conducted his own

45
00:02:57,560 --> 00:03:03,080
investigation into plaintiff's allegations, Carter's lawyer's suggestion that mister Busby

46
00:03:03,159 --> 00:03:05,520
was not permitted to rely on the work of other

47
00:03:05,560 --> 00:03:09,639
attorneys is also baseless. This rule, by its term, does

48
00:03:09,680 --> 00:03:13,199
not require signing counsel to have personally performed the inquiry.

49
00:03:14,039 --> 00:03:16,879
What is crucial under the rule is not who makes

50
00:03:16,919 --> 00:03:20,159
the inquiry, but whether, as a result, the attorney has

51
00:03:20,199 --> 00:03:24,000
acquired knowledge of fact sufficient to enable him to certify

52
00:03:24,039 --> 00:03:27,080
The paper is well grounded in fact. The duty of

53
00:03:27,159 --> 00:03:31,919
inquiry therefore should be regarded as nondeligible but capable of

54
00:03:31,960 --> 00:03:35,599
being satisfied by the attorney's acquisition of the product inquiry

55
00:03:35,680 --> 00:03:36,759
conducted by others.

56
00:03:36,960 --> 00:03:37,680
Speaker 2: William W.

57
00:03:37,800 --> 00:03:41,599
Speaker 1: Schwarzer sanctions under the new federal Rule eleven. A closer

58
00:03:41,639 --> 00:03:44,000
look one O four f dot R D one eight

59
00:03:44,120 --> 00:03:48,159
one one eighty seven, nineteen eighty five, Buzzby has fully

60
00:03:48,199 --> 00:03:50,879
complied with Rule eleven. There is no truth to Carter's

61
00:03:50,919 --> 00:03:55,919
lawyer's contention that Buzzby conceded a failure to ve plaintiff allegations,

62
00:03:56,039 --> 00:03:59,919
or that he sought to pass the blame to referring council. Rather,

63
00:04:00,159 --> 00:04:04,360
Buzzby told NBC that he is referring council that had

64
00:04:04,400 --> 00:04:08,120
already thoroughly vetted plaintiff's claims, and that he is continuing

65
00:04:08,159 --> 00:04:11,599
to do so as any reasonable attorney would. Nor is

66
00:04:11,599 --> 00:04:15,000
there any truth to Carter's lawyer's argument that Buzzby filed

67
00:04:15,000 --> 00:04:19,120
this action for the improper purpose of destroying Carter's reputation.

68
00:04:19,560 --> 00:04:22,680
To the contrary, the fac was filed to vindicate plaintiff's

69
00:04:22,759 --> 00:04:25,480
rights and recover the damages for the trauma that she

70
00:04:25,519 --> 00:04:28,399
has suffered. Only after all of this was done, and

71
00:04:28,439 --> 00:04:31,879
after mister Busby and the firm determined that plaintiff's allegations

72
00:04:31,879 --> 00:04:35,680
were credible, was the fac filed alleging, among other things,

73
00:04:35,920 --> 00:04:39,399
that on September seventh, two thousand, Carter in Colmbs drugged

74
00:04:39,439 --> 00:04:42,199
and raped her at an after party following the VMAs.

75
00:04:43,120 --> 00:04:46,480
It's well established that attorneys are entitled to rely on

76
00:04:46,560 --> 00:04:50,639
the representations of their client without having to assess his credibility,

77
00:04:50,720 --> 00:04:54,600
because credibility is solely within the providence of the finder.

78
00:04:54,680 --> 00:04:58,560
Effect g One Holdings Incorporated Versus Baron and Budd two

79
00:04:58,639 --> 00:05:01,759
thousand and two WL one nine three four zero zero

80
00:05:01,879 --> 00:05:05,920
four at thirteen SDN Y August twenty one, two thousand

81
00:05:05,920 --> 00:05:09,639
and two. Rule eleven. Sanctions should only adhere if the

82
00:05:09,680 --> 00:05:13,040
party was satisfied with the statements of a confidential witness

83
00:05:13,319 --> 00:05:18,959
and other evidence were not competent or otherwise untrustworthy, as

84
00:05:19,000 --> 00:05:21,959
there was nothing unreasonable about plaintiff's account of the night

85
00:05:21,959 --> 00:05:27,439
in question, and there is nothing unreasonable about Council believing allegations. Furthermore,

86
00:05:27,560 --> 00:05:32,720
establishing the reasonableness of Council's investigation is the fact that

87
00:05:32,839 --> 00:05:36,240
in each of the pre filing interviews plaintiff appeared consisted

88
00:05:36,319 --> 00:05:39,279
incredible in her account of what occurred in the night

89
00:05:39,360 --> 00:05:43,920
in question. Ce Buzzby Declaration six seven to nine C. Jeffries,

90
00:05:43,959 --> 00:05:46,839
two seventy five F. Dot supp. Two d At four

91
00:05:46,879 --> 00:05:51,920
eighty one, finding that Plaintiff's council undertook reasonable prefiling inquiry,

92
00:05:52,000 --> 00:05:56,680
where before proposing the third amended complaint, Plaintiff's council conducted

93
00:05:56,879 --> 00:06:00,399
numerous interviews with their client and found them to be concent, distant,

94
00:06:00,399 --> 00:06:04,800
and credible in his account. Thus, because counsel's prefiling investigation

95
00:06:05,040 --> 00:06:09,160
was thorough and reasonable, Carter's motion should be denied. Moreover,

96
00:06:09,360 --> 00:06:13,639
NBC News own acknowledgment that its report on which Carter's

97
00:06:13,680 --> 00:06:18,319
lawyers principally rely, did not establish the falsity of plaintiff's claim,

98
00:06:18,720 --> 00:06:22,439
and Carter's lawyer's own mistakes concerning details on which they

99
00:06:22,480 --> 00:06:25,439
so rely a mistake not made by a sexual assault

100
00:06:25,519 --> 00:06:29,839
victim unequivocally confirmed that Buzzby correctly has refused to knuckle

101
00:06:29,959 --> 00:06:33,040
under to their wrongful demand that he withdraw his claim.

102
00:06:33,560 --> 00:06:36,800
None of the factual issues raised by Carter's lawyers justify

103
00:06:36,920 --> 00:06:40,720
sanctions in any event. Carter's lawyers purported certainty about what

104
00:06:40,839 --> 00:06:44,720
happened to plaintiffs is utterly unjustified. When stripped of their

105
00:06:44,759 --> 00:06:49,519
salacious rhetoric, Carter's lawyers challenge only plaintiff's allegations and recollections

106
00:06:49,639 --> 00:06:53,800
regarding watching the MTV VIMA Award show on a JumboTron,

107
00:06:54,240 --> 00:06:57,959
speaking to limousine driver during the show, the location of

108
00:06:58,000 --> 00:07:01,319
the after party at which he was raped, speaking to

109
00:07:01,360 --> 00:07:04,720
a celebrity at the party, and Plaintiff's father picking her

110
00:07:04,800 --> 00:07:08,079
up after she was raped, as shown below. None of

111
00:07:08,079 --> 00:07:11,279
those purported challenges are emeritis, and none of them come

112
00:07:11,319 --> 00:07:14,519
close to proving as they must to justify any Rule

113
00:07:14,519 --> 00:07:17,720
eleven sanction, let alone the most drastic sanction of all,

114
00:07:17,920 --> 00:07:21,519
dismissal that Carter did not rape plaintiff, or that, as

115
00:07:21,519 --> 00:07:26,279
Carter's lawyers also falsely say, Busby did not sufficiently investigate

116
00:07:26,519 --> 00:07:30,560
and was not permitted to rely on plaintiff's on equivocal

117
00:07:30,600 --> 00:07:35,959
recollection that Carter raped her. Certainly, on this prediscovery record,

118
00:07:36,079 --> 00:07:39,279
this is no basis for assuming the truth of Carter's

119
00:07:39,399 --> 00:07:43,639
lawyer's assertions to the contrary. At this stage of the litigation,

120
00:07:43,920 --> 00:07:47,560
Plaintiff's allegations must be assumed to be true, and Carter's

121
00:07:47,600 --> 00:07:51,000
lawyer's assertions, if they raise anything at all, at most,

122
00:07:51,319 --> 00:07:54,959
raise only factual disputes that may not be resolved on

123
00:07:55,000 --> 00:07:56,240
the prediscovery record.

124
00:07:57,240 --> 00:07:58,800
Speaker 2: First, Carter's lawyers.

125
00:07:58,439 --> 00:08:01,800
Speaker 1: Can test plaintiff's allegation she watched the VMAs on a

126
00:08:01,879 --> 00:08:05,279
JumboTron because they claim there was no JumboTron at Radio

127
00:08:05,319 --> 00:08:09,120
City that night. But even assuming arguendo that this is

128
00:08:09,160 --> 00:08:13,560
the material fact, which it's not c. Sanderson twenty twenty four,

129
00:08:13,759 --> 00:08:18,120
WL at three, declining to award sanctions because factual assertion

130
00:08:18,199 --> 00:08:22,600
at issue was not a material misrepresentation, Carter's lawyers failed

131
00:08:22,600 --> 00:08:25,560
to consider that plaintiff could have watched on a JumboTron

132
00:08:25,639 --> 00:08:28,600
somewhere else, such as mere blocks away in the Times

133
00:08:28,600 --> 00:08:33,080
Square area. Second, Carter's lawyers claimed to have debunked plaintiff's

134
00:08:33,120 --> 00:08:36,639
allegation that she approached limousine drivers in hopes of gaining

135
00:08:36,799 --> 00:08:40,240
entry to the VMAs or after parties, because they assert

136
00:08:40,279 --> 00:08:45,639
the limousines were corded off by police barricades inaccessible to fans. But,

137
00:08:45,879 --> 00:08:48,360
as is plainly clear from the video and photos on

138
00:08:48,399 --> 00:08:52,360
which Carter's lawyers rely, the small limousine area at the

139
00:08:52,519 --> 00:08:56,000
entrance to Radio City is not where limousine's park during

140
00:08:56,039 --> 00:08:59,120
the show, but rather as merely where they dropped off

141
00:08:59,159 --> 00:09:02,320
and picked up guests. Thus, nothing about the photos and

142
00:09:02,440 --> 00:09:06,679
video proofs that plaintiff did not approach. Several limousine drivers

143
00:09:06,720 --> 00:09:12,360
part nearby, and the limousine area is thus irrelevant. Third

144
00:09:12,399 --> 00:09:16,279
with respect to plaintiff. Third, with respect to plaintiff's allegation

145
00:09:16,480 --> 00:09:18,440
that at the party at which she was raped took

146
00:09:18,519 --> 00:09:21,440
place at what she believed to be a large white

147
00:09:21,440 --> 00:09:25,399
residence with a gated U shaped driveway. Carter's lawyers make

148
00:09:25,519 --> 00:09:29,000
the relevant argument that photographs show that he attended a

149
00:09:29,039 --> 00:09:31,080
party at a night club in New York, and that

150
00:09:31,200 --> 00:09:33,960
Colms was photographed at the Lotus Club as well as

151
00:09:34,000 --> 00:09:39,080
another establishment in New York City. Defense Memorandum nine ECF

152
00:09:39,159 --> 00:09:41,759
sixty two to one, sixty two to two, sixty two

153
00:09:41,799 --> 00:09:45,519
to three. However, even the NBC report on which Carter

154
00:09:45,639 --> 00:09:49,200
heavily relies conceded that it's not clear what time those

155
00:09:49,240 --> 00:09:52,480
images were taken or if Colms and Carter attended any

156
00:09:52,519 --> 00:09:57,240
other after parties. In short, that Carter and Colms attended

157
00:09:57,360 --> 00:09:59,799
one or more after parties does not mean that they

158
00:09:59,799 --> 00:10:03,000
did not attend the party at which they were a plaintiff.

159
00:10:03,720 --> 00:10:07,320
Carter's lawyers also argue that public property records confirmed that

160
00:10:07,360 --> 00:10:10,440
Colmbs did not own a residence at the time that

161
00:10:10,480 --> 00:10:15,240
matches plaintiff's description, pointing to property records for forty Hedges

162
00:10:15,279 --> 00:10:18,159
Bank Drive and He's hamped in New York which purportedly

163
00:10:18,480 --> 00:10:21,440
reflect that Colmbs did not own this residence until two

164
00:10:21,440 --> 00:10:25,159
thousand and one. However, this argument fails for at least

165
00:10:25,200 --> 00:10:28,720
two reasons. First, plaintiff does not allege that the home

166
00:10:28,840 --> 00:10:31,440
she was taken to was owned by Combs, but in

167
00:10:31,519 --> 00:10:35,200
any event, Carter's lawyer's representation to the court that Colmbs

168
00:10:35,200 --> 00:10:38,200
did not own forty Hedges Bank Drive in two thousand

169
00:10:38,519 --> 00:10:42,080
is plainly false. Property records revealed that Colmbs was first

170
00:10:42,120 --> 00:10:45,000
listed on a deed for forty Hedges Bank Drive on

171
00:10:45,080 --> 00:10:48,320
March thirteenth, nineteen ninety eight, and that he or a

172
00:10:48,360 --> 00:10:51,759
company owned by him owned the property until selling it

173
00:10:52,000 --> 00:10:57,399
on July twenty third, twenty twenty see Castowitz Declaration Exhibit C.

174
00:10:58,240 --> 00:11:01,840
In fact, Colmb's notorious white part parties, which Carter often attended,

175
00:11:02,120 --> 00:11:05,440
were held at this residence beginning in nineteen ninety eight,

176
00:11:05,879 --> 00:11:09,159
including in July two thousand, just two months before the rape,

177
00:11:09,399 --> 00:11:11,919
and in the following years. All Right, we're going to

178
00:11:11,960 --> 00:11:13,960
wrap up right here, and in the next episode, we're

179
00:11:13,960 --> 00:11:16,440
going to finish this bad boy off. All of the

180
00:11:16,440 --> 00:11:19,480
information that goes with this episode can be found in

181
00:11:19,559 --> 00:11:22,759
the description box. What's up, everyone, and welcome to another

182
00:11:22,799 --> 00:11:26,639
episode of the Diddy Diaries. In this episode, we're going

183
00:11:26,720 --> 00:11:28,799
to pick up right where we left off with the

184
00:11:28,840 --> 00:11:33,200
Tony buzby response to the sanctions motion filed against him

185
00:11:33,679 --> 00:11:39,200
by Jay Z and his lawyers. Fourth, with respect to

186
00:11:39,279 --> 00:11:42,600
Carter's lawyer's argument that musician Benji Madden was not in

187
00:11:42,679 --> 00:11:45,720
New York on the night in question, the FAC does

188
00:11:45,720 --> 00:11:50,240
not identify any of the celebrities plaintiffs spoke toout the party. Rather,

189
00:11:50,320 --> 00:11:55,679
the FAC merely alleges that plaintiff recognized many celebrities and

190
00:11:55,759 --> 00:12:00,399
talked to several of the celebrities that she recognized. Argument

191
00:12:00,440 --> 00:12:03,200
stems not from what is alleged in the FAC, but

192
00:12:03,440 --> 00:12:06,840
from what the post filing interview plaintiff gave to an

193
00:12:06,919 --> 00:12:11,600
NBC News reporter. It is utterly irrelevant that plaintiff may

194
00:12:11,639 --> 00:12:15,279
have subsequently misremembered that Madden was one of the celebrities

195
00:12:15,320 --> 00:12:19,399
that she interacted with, Especially given that the fac did

196
00:12:19,399 --> 00:12:22,759
not identify any of the celebrity plaintiffs spoke to and

197
00:12:22,919 --> 00:12:26,399
or misremembering if that is what it was, in no

198
00:12:26,480 --> 00:12:29,799
way renders her recollection of the traumatic night not credible.

199
00:12:30,480 --> 00:12:34,120
Fifth Carter's lawyers take issue with plaintiff's allegation that her

200
00:12:34,159 --> 00:12:37,240
father picked her up from a gas station shortly before

201
00:12:37,320 --> 00:12:40,480
dawn the morning after she was raped, on the grounds

202
00:12:40,480 --> 00:12:43,600
that NBC reported that her father does not recall doing so.

203
00:12:44,600 --> 00:12:47,360
Given that this occurred twenty four years ago, it's not

204
00:12:47,399 --> 00:12:50,799
surprising that her father may not recall specific drives to

205
00:12:50,799 --> 00:12:54,159
pick up his daughter. Moreover, his plaintiff stated in her

206
00:12:54,159 --> 00:12:58,720
interview with NBC, and reflecting a reticence not uncommon in

207
00:12:58,799 --> 00:13:02,120
sexual assault victims, she never told her father or anyone

208
00:13:02,120 --> 00:13:04,519
else about what happened to her at the party. We

209
00:13:04,639 --> 00:13:07,120
rode home in silence. He didn't ask me what happened.

210
00:13:07,919 --> 00:13:10,360
He didn't ask me what I did or where I was,

211
00:13:10,679 --> 00:13:13,480
she told NBC News. She never told anyone about the

212
00:13:13,480 --> 00:13:17,039
alleged assault or wrote it down in a diary. Indeed,

213
00:13:17,120 --> 00:13:20,159
given the passage of time, it's entirely possible that her

214
00:13:20,200 --> 00:13:23,720
father is simply mistaken in recalling the time he once

215
00:13:23,759 --> 00:13:25,919
picked her up in the middle of the night as

216
00:13:25,960 --> 00:13:28,720
having been a local drive. None of the five factual

217
00:13:28,720 --> 00:13:32,399
disputes raised in the motion come remotely close to satisfying

218
00:13:32,399 --> 00:13:36,240
the high bar for imposing sanctions under Rule eleven, and

219
00:13:36,320 --> 00:13:39,720
none of the challenged aleegations could possibly render plaintiff's claim

220
00:13:39,840 --> 00:13:43,919
utterly lacking in factual support, as is required for sanctions,

221
00:13:44,240 --> 00:13:47,559
particularly in light of the court's duty to resolve any

222
00:13:47,639 --> 00:13:51,679
and all doubts in Buzby's favor. C. E. G. Loporto

223
00:13:52,159 --> 00:13:57,039
Verus County Rensselaer, twenty eighteen and dn Y September twenty fourth,

224
00:13:57,120 --> 00:14:01,519
twenty eighteen, denying motion for sanctions where resolving all doubts

225
00:14:01,519 --> 00:14:05,240
in favor or party opposing sanctions, there was some arguable

226
00:14:05,279 --> 00:14:09,279
basis for commencing the action. Quoting perez vers posse commatatis

227
00:14:09,720 --> 00:14:12,639
three seventy three ft three d three twenty one three

228
00:14:12,679 --> 00:14:17,240
twenty six, Second Circuit two thousand and four two, Carter's

229
00:14:17,240 --> 00:14:19,919
motion should be denied because it seeks to evade Rule

230
00:14:19,960 --> 00:14:25,159
twelve's requirement and impermissibly avoid discovery this motion should be

231
00:14:25,159 --> 00:14:28,360
denied for an additional reason that Carter's lawyers filed it

232
00:14:28,399 --> 00:14:31,360
plainly in an effort to avoid discovery and evade the

233
00:14:31,360 --> 00:14:35,279
clearly satisfied requirement under Rule twelve that to survive a

234
00:14:35,320 --> 00:14:39,720
motion to dismiss a complaint must contain sufficient factual matter,

235
00:14:40,000 --> 00:14:42,399
except that it is true to state a claim to

236
00:14:42,440 --> 00:14:46,240
relief that is plausible on its face Ashcraw for zick Ball,

237
00:14:46,279 --> 00:14:50,000
five fifty six, two thousand and nine. It is only

238
00:14:50,039 --> 00:14:53,799
where no reasonable evidentiary basis for a factual claim was

239
00:14:53,840 --> 00:14:57,120
disclosed in pre trial proceedings or at trial, that the

240
00:14:57,159 --> 00:15:00,960
district court must then scrutinize the objective, reasonableleness of the

241
00:15:01,000 --> 00:15:04,200
attorney's pre filing inquiry and the basis for the claim

242
00:15:04,240 --> 00:15:09,519
developed by the inquiry. Calloway verse. Marvel Entertainment Group A

243
00:15:09,679 --> 00:15:13,360
fifty four f Dot two D. Fourteen fifty two, fourteen seventy,

244
00:15:13,480 --> 00:15:18,559
nineteen eighty eight, reversed on the grounds of subnom pavlech

245
00:15:18,679 --> 00:15:22,639
versus Laflor verse Marvel Entertainment Group four ninety three US

246
00:15:22,840 --> 00:15:27,159
one twenty, nineteen eighty nine. Accordingly, the issue of sanctions,

247
00:15:27,200 --> 00:15:30,879
including with respect to pleadings, normally will be determined at

248
00:15:30,879 --> 00:15:34,919
the end of litigation. See jawbone LLC. Verse don A U,

249
00:15:35,279 --> 00:15:38,559
SDN Y, June twenty eight, two thousand and two. Refusing

250
00:15:38,600 --> 00:15:41,120
to find at an early stage of the litigation, without

251
00:15:41,120 --> 00:15:43,960
the benefit of discovery and the thorough analysis of the

252
00:15:43,960 --> 00:15:48,360
merits of the case, that plaintiff's factual allegations are completely

253
00:15:48,440 --> 00:15:51,279
without support Safe Strap Company Incorporated.

254
00:15:51,639 --> 00:15:51,799
Speaker 2: Verse.

255
00:15:51,879 --> 00:15:57,360
Speaker 1: Koala Corporation, two seventy f. Supp. SDNY, two thousand and three.

256
00:15:58,240 --> 00:16:01,320
Addressing issues of sanctions at end of litigation is a

257
00:16:01,360 --> 00:16:05,200
sensible practice, whereas here the thrust of the sanctions motion

258
00:16:05,919 --> 00:16:09,919
is that institution of the case itself wasn't proper. Archie

259
00:16:09,960 --> 00:16:13,679
Comic Publishers Incorporated versus The Carlow two thousand, SDN Y,

260
00:16:13,799 --> 00:16:18,000
November twenty first, two thousand. The preference for the determination

261
00:16:18,080 --> 00:16:21,200
of sanctions for allegedly frivolous pleadings at the end of

262
00:16:21,200 --> 00:16:23,720
the case makes a good deal of sense. Here Carter

263
00:16:23,879 --> 00:16:27,399
is seeking a Rule eleven determination before any discovery has

264
00:16:27,440 --> 00:16:31,039
been undertaken at a minimument until discovery is being completed.

265
00:16:31,360 --> 00:16:35,639
The court simply cannot find that no reasonable evidentiary basis

266
00:16:35,639 --> 00:16:39,039
for a factual claim was disclosed in pre trial proceedings

267
00:16:39,159 --> 00:16:42,960
or at trial, the prerequisite for any examination by this

268
00:16:43,080 --> 00:16:47,799
Court and Council Rule eleven responsibilities see Callaway eight fifty

269
00:16:47,799 --> 00:16:51,879
four ft two d at fourteen seventy. As the case

270
00:16:51,960 --> 00:16:55,120
is Carter's lawyers themselves site may clear, there's no basis

271
00:16:55,159 --> 00:16:57,240
for dismissal three.

272
00:16:57,279 --> 00:16:59,000
Speaker 2: Carter's lawyers should be ordered.

273
00:16:58,720 --> 00:17:01,919
Speaker 1: To pay plaintiffs attorneys fees for opposing this frivolous motion.

274
00:17:02,960 --> 00:17:06,200
Rule eleven C two expressly provides the Court the authority

275
00:17:06,240 --> 00:17:10,559
to award to the prevailing party the reasonable expenses, including

276
00:17:10,599 --> 00:17:13,599
attorney fees, incurred for the motion. Fed Our siv p.

277
00:17:13,680 --> 00:17:17,839
Eleven C two. Courts in this circuit have exercised this authority.

278
00:17:17,880 --> 00:17:21,119
Where is here a Rule eleven motion was filed four

279
00:17:21,200 --> 00:17:25,519
in proper purposes, see le Vers Grand Seishon, New York,

280
00:17:26,079 --> 00:17:31,319
twenty fourteen, SDN Y January seventeenth, twenty fourteen, awarding the

281
00:17:31,400 --> 00:17:34,200
non move in attorney fees where the motion was filed

282
00:17:34,240 --> 00:17:38,920
for in proper purpose. Caribbean Wholesales and Service Corporation First

283
00:17:39,079 --> 00:17:43,519
US JBC Court one oh one, SDN Y two thousand.

284
00:17:44,240 --> 00:17:48,400
See also Fedar siv p. Eleven Advisory Committee notes Rule eleven.

285
00:17:48,480 --> 00:17:51,920
Motions should not be prepared to intimidate an adversary into

286
00:17:52,000 --> 00:17:56,720
withdrawing contentions that are fairly debatable. As demonstrated above, the

287
00:17:56,759 --> 00:18:00,839
motion is factually and illegally merrily and was file for

288
00:18:00,880 --> 00:18:05,119
an improper purpose see Federer sivp Dot eleven b one,

289
00:18:05,599 --> 00:18:10,079
describing improper purpose as including to arrass, cause unnecessary delay,

290
00:18:10,519 --> 00:18:14,640
or needlessly increase the cost of litigation. None of Plaintiff's

291
00:18:14,640 --> 00:18:18,160
allegations in this action are demonstrably false, and the motion

292
00:18:18,359 --> 00:18:21,599
is proffered no evidence that would warrant their withdrawal, much

293
00:18:21,680 --> 00:18:26,039
less an award of sanctions against plaintiff's council. Carter's meritless

294
00:18:26,079 --> 00:18:30,599
motion crosses the line between Zealou's advocacy and sanctionable conduct

295
00:18:30,720 --> 00:18:34,359
under Federal Rules of Civil Procedure eleven. See Sheet Metal

296
00:18:34,400 --> 00:18:39,680
Workers National Pension Fund versus Sheet Metal Workers Incorporated, twenty twelve,

297
00:18:39,960 --> 00:18:43,759
SDN Y January fifth, twenty twelve. Accordingly, Carter should be

298
00:18:43,880 --> 00:18:46,960
required to reimburse plaintiff and her council for their legal

299
00:18:46,960 --> 00:18:50,920
fees in opposing this motion. Carter's lawyer's reliance on Levigne

300
00:18:51,039 --> 00:18:55,279
verse FDIC two ft three D four seventy six is

301
00:18:55,440 --> 00:18:59,359
utterly misplaced. That case bears no resemblance to this case

302
00:19:00,079 --> 00:19:03,880
in Levigne. Two years after commencing the action, after deposition

303
00:19:03,960 --> 00:19:08,119
testimony established that a particular witness had never conducted business

304
00:19:08,160 --> 00:19:12,519
in Connecticut, plaintiff's lawyer filed an amended complaint, adding that

305
00:19:12,559 --> 00:19:16,200
a witness as a defendant, falsely asserting that personal jurisdiction

306
00:19:16,319 --> 00:19:19,799
existed on the grounds that the witness regularly did and

307
00:19:19,920 --> 00:19:25,359
solicited business in Hartford, Connecticut. The lawyer also contradicted in

308
00:19:25,480 --> 00:19:29,880
many material respects the client's warned deposition testimony idea at

309
00:19:29,880 --> 00:19:33,680
four seventy eight. Thus, it was the lawyer's blatant disregard

310
00:19:33,960 --> 00:19:37,160
of the facts and his concocting facts that is entirely

311
00:19:37,400 --> 00:19:41,119
in opposite. There, the plaintiff's lawyer, for more than a

312
00:19:41,200 --> 00:19:44,279
year after being retained till when he filed a complaint,

313
00:19:44,319 --> 00:19:47,359
did not attempt to investigate plaintiff's claims idea at six

314
00:19:47,480 --> 00:19:52,680
forty six. Furthermore, plaintiff's attorney persisted in pursuing the case

315
00:19:52,759 --> 00:19:57,319
even after discovery failed to elicit any evidence corroborating its allegations.

316
00:19:58,400 --> 00:20:02,559
See Martha Management Service Incorporated. Versus Vessel My Girls two

317
00:20:02,559 --> 00:20:05,319
two ft three D three fifteen, three twenty five and

318
00:20:05,319 --> 00:20:09,200
three twenty six d C. Circuit two thousand. Court did

319
00:20:09,200 --> 00:20:13,160
not abuse discretion when in unduly prolonged litigation in which

320
00:20:13,200 --> 00:20:16,440
Council engaged in a name calling, personal attacks, and petty

321
00:20:16,480 --> 00:20:21,160
arguments and burdened the court with repetitions of arguments already rejected.

322
00:20:21,799 --> 00:20:25,480
Court's su Wasesponte dismissed counterclaims upon finding that they were

323
00:20:25,480 --> 00:20:29,240
frivolous and designed primarily to harass and delay a final

324
00:20:29,279 --> 00:20:30,359
resolution of the case.

325
00:20:31,759 --> 00:20:32,799
Speaker 2: Perry versus Gore.

326
00:20:32,759 --> 00:20:36,160
Speaker 1: Two thousand and nine WL two five eight zero three

327
00:20:36,240 --> 00:20:39,680
two four at three and five, ten and eleven dismissing

328
00:20:39,680 --> 00:20:43,119
plaintiffs inmate civil rights action as a sanction where a

329
00:20:43,119 --> 00:20:47,119
plaintiff filed twenty nine civil rights cases alleging similar fact

330
00:20:47,160 --> 00:20:50,559
patterns and had admitted that he had filed fraudulent claims

331
00:20:50,720 --> 00:20:54,480
and allegations in at least two of those actions, Noting

332
00:20:54,519 --> 00:20:58,119
that plaintiff cannot play one district against another and assert

333
00:20:58,200 --> 00:21:01,599
as valid allegations from the same fact pattern in one

334
00:21:01,680 --> 00:21:06,119
court that he calls fraud in another. Conclusion, for the

335
00:21:06,200 --> 00:21:09,000
reason set forth above, the Court should deny the motion

336
00:21:09,359 --> 00:21:12,279
in its entirety, and plaintiff and our counsel should be

337
00:21:12,279 --> 00:21:16,920
awarded fees and costs incurred in opposing it. This document

338
00:21:16,960 --> 00:21:20,200
was dated January twenty second, twenty twenty five, and it

339
00:21:20,319 --> 00:21:21,160
was signed.

340
00:21:20,799 --> 00:21:24,200
Speaker 2: By Mark E. Cassewitz. All of the

341
00:21:24,240 --> 00:21:27,279
Speaker 1: Information that goes with this episode can be found in

342
00:21:27,400 --> 00:21:28,359
the description box