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Speaker 1: What's up, everyone, and welcome to another episode of The

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Diddy Diaries. In this episode, we're going to start taking

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a look at Tony Buzby's memorandum of law and opposition

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to defend in Sewan Carter's motion for sanctions Case number

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one twenty four Dash CV DASH zero seven nine seven

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five at Jane Doe plaintiff verse Shawn Colmes Daddy's house recordings,

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et cetera, and Sean Carter Plaintiff's memorandum of law and

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opposition to defending Shawn Carter's motion for sanctions. Plaintiff enter, Council,

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Anthony G. Busby, and the Busby Law Firm together Busby

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respectfully submit this memorandum of law and opposition to the

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motion of defending Sean Carter under Rule eleven of the

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Federal Rules the Civil Procedure to dismiss Plaintiff's amended complaint

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and to award him monetary sanctions against Buzzby preliminary statement.

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Carter's motion amounts to an outrageous and unprecedented attempt to

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silence of plaintiff, who alleges, at twenty four years ago,

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when she was thirteen years old, Defendant Carter in calms

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raped her. Carter's celebrity status does not entitle him to

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special treatment by the courts, and certainly not on the

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mirror say so of his lawyers. As this court is

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recognized Cassowitz Declaration example b at four, the Court will

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not fast track the judicial process merely because counsel demands it,

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relying solely on what his lawyers say are inaccurate details

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in plaintiff's account of this horrific assault. Carter asks this

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court to ignore the federal rules of civil procedure, and,

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as a sanction for what his lawyers falsely say was

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Busby's failure to investigate summarily, dismiss plaintiffs well pleaded FAC

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in its entirety, which would run roughshod over her right

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to take discovery and prove her claims before a jury.

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Even assuming our gwendo that plaintiff misremembers details from twenty

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four years ago, that is no basis for evading the

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requirements of Rule twelve by dismissing her FAC under Rule

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eleven based solely on purported factual disputes concerning those details.

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This is especially true whereas here the purported factual disputes

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concerned details arising solely from the memory of a victim. Here,

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a child victim of sexual abuse, which it is well established,

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typically causes memory lapses. In fact, Carter's lawyers themselves got

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flatly wrong. One of the details they falsely claim undercut

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plaintiff's claim, asserting that at the time of her rape,

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Carter's co defendant Holmes did not own the house where

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the sexual assault may have taken place. In fact, Holmes

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did own the house see Infra at pages seventeen and eighteen.

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Carter's lawyers purported certainty about what happened. The plaintiff thus

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utterly unjustified the NBC report, which they principally rely itself

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acknowledge that its purported findings do not necessarily mean the

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allegations are false. That acknowledgment alone on under applicable law

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removes any possible justification for Rule eleven sanctions here in

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any event, when stripped of their salacious rhetoric, Carter's lawyers

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challenge plaintiff's allegations and recollection regarding watching the MTV VMA

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Awards on a JumboTron, speaking to limousine drivers during the show,

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the location of the after party at which he was raped,

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speaking to a celebrity at the party, and plaintiff's father

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picking her up after she was raped, as shown further below.

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None of those purported challenges or meritus, and none of

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them come close to proving as they must justify any

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Rule eleven sanction, let alone the most drastic sanction of all,

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dismissal that Carter did not rape plaintiff, or that, as

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Carter's lawyers also falsely say, Buzzby did not sufficiently investigate

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and was not permitted to rely on plaintiffs on equivocal

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recollection that Carter raped her, among other things. In fact,

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there were jumbotrons not far from the VMA show. Carter's

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lawyer's assertion that the limousine drivers were cordoned off proves nothing.

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That Carter attended one after party does not mean he

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did not attend others, and plaintiff's father could very well

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simply not have remembered that he picked her up twenty

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four years earlier, particularly given that she did not tell

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him where she had gone or what had happened to her,

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reflecting a reticence also not uncommon among sexual abuse victims.

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See INFRA page eleven certainly on this prediscovery record, there

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is no basis for assuming the truth of Carter's lawyer's

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assertions to the contrary. At this stage of litigation, plaintiff's

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allegations must be assumed to be true, and Carter's lawyer's assertions,

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if they raise anything at all, at most, raise only

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factual disputes that may not be resolved on this prediscovery record.

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Carter's lawyers also falsely say Buzzby did not sufficiently investigate

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and was not permitted to rely on plaintiffs on equivocal

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recollection that Carter raped her. As the courts have made clear,

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Rule eleven sanctions will be imposed only in extraordinary circumstances e.

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Gluck Corporation, first Rothenhaus two fifty two frd SDNY two

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thousand and eight, of which celebrity status is not one.

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Here there are no circumstances at all, let alone extraordinary

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circumstances justifying sanctions against Busby. In fact, it is out

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of judicial concern for encouraging zealous advocacy that the courts

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maintain a high bar for establishing Rule eleven violations. But

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over the top zealous advocacy is precisely what as This

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Court has also recognized Carter's lawyers are engaging in of

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which this motion is the latest and worst manifestation. Carter's

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lawyer's relentless filing of combative motions containing inflammatory language and

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ad hominem attacks is inappropriate, a waste of judicial resources,

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and a tactic unlikely to benefit his client Cassowitz Declaration

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Example BT four. Contrary to Carter's lawyer's baseless assertions, Busby

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included the allegation against Carter in the fac only after

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an investigation, including numerous interviews of plaintiff and vetting of

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the information plaintiff provided that more than satisfied Rule eleven's requirements.

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On the other hand, Carter's lawyer's motions, which they filed

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even in the face of this courts discouraging them from

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doing so. Castowitz Declaration Example b at four, is nothing

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more than an improper attempt to intimidate plaintiff and or council,

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and is factually and legally meritless. If anyone is violated

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Rule eleven, it's Carter and his lawyers who, under Rule

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eleven C two should be sanctioned by awarding plaintiff end

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or council the attorney fees and costs incurred in having

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to respond to their emotion facts background as set fourth

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year in and in the accompanying Buzzby declaration, Plaintiff's council's

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pre filing investigation was thorough and satisfied Rule eleven. In

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early October twenty twenty four, Jane Doe was referred to

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Busby and the Buzzby Law firm AVA Law Group, Plaintiff's

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co council in this action. While for the referral, attorneys

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at Abbe Law investigated the veracity of Plaintiff's allegations, Plaintiff

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went through AVA Law's intake process, which the Buzzby firm

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understood to include numerous interviews, including an interview by at

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least one and possibly more attorneys. Only when the attorneys

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at Ava Law were convinced that Plaintiff's allegations were true

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did they refer plaintiff to Busby. Two attorneys at the

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Buzzby firm interview the plaintiff, fact checked various aspects of

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Plaintiff's complaint and revised the complaint prior to filing. Prior

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to filing the fac and naming Carter as a defendant,

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Mister Busby and other firm attorneys engaged in further rigorous

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due diligence to investigate the veracity and legal viability of

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plaintiff's claim. The Buzzby Firm's efforts included, among other things,

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intensive interviews amounting to cross examination of plaintiff by three

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to five attorneys, both alone and in teams, and research

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and verification of numerous details in plaintiff's account. The Buzzby

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firm ran a background check on plaintiff and retained a

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retired police detective to research and confirm other aspects of

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plaintiff's account. The Buzzby Firm also conducted research to confirm

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the close connection between Carter in Colms, which further bolstered

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the conclusion that plaintiff's allegations were plausible, credible, and warranted

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legal recourse. Plaintiff alleges that on September seventh of two thousand,

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when she was thirteen years old, went to Radio City

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Music Hall in New York City to try to attend

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the VMA's Castlewitz Declaration example A. As plaintiff did not

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have a ticket to the show, she watched the VMAs

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on a jumbo tron outside in hopes of talking her

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way into either the VMAs or an after party. Plaintiff

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also approached and spoke to several limousine drivers parked nearby

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the VMAs, one of whom claim to work for COLMS

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and told her that Plaintiff fit what Diddy was looking for.

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Andy invited her to the after party. Later that evening,

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the driver brought plaintiff to an after party at what

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plaintiff believed to be a large white residence with a

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gated U shaped driveway. Inside the party, plaintiff recognized and

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spoke to several celebrities. After accepting a drink from a

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member of the white staff, Plaintiff began to feel woozy

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and lightheaded, at which point she found an empty bedroom

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to rest in. Soon after, colmb's Carter and another individual

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entered the room, at which time Colmbs grabbed her and

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said you are ready to party id at forty nine

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through fifty three. Thereafter, both Carter and Colmbs held Plaintiff

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down and raped her. Plaintiff was able to escape after

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fighting back, and she ultimately made her way to a

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gas station, where she called her father, who then picked

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her up. Shortly before dawn b Carter's efforts to intimidate

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the Buzzby Firm. Since the initiationation of this lawsuit, more

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than two dozen pasted and current employees and clients of

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the Buzzby Firm have reported being approached and harassed by

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individuals claiming to be investigating Busby, going so far as

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to urge the clients to bring meritless lawsuits against Busby,

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including regarding his attempts to get justice for Carter and

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Colm's victims and offering money to do so. Busby Declaration sixteen.

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This has resulted in several frivolous lawsuits against Busby. In

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filing in this action, Carter's lawyers have repeatedly referred to

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these lawsuits to discredit Busby based on the investigative efforts

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made by the Buzzby Firm and others. The Buzzby Firm

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is filed several cases for borroitry on behalf of its

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clients who were offered money to file acclaim against the

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Buzzby Firm. These cases detail the illegal activities of the

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investigators and those behind them who are believed to be

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Carter through his entertainment company Rock Nation, and Carter's lawyers.

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Ideas seventeen and eighteen. All right, we're going to wrap

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up right here, and in the next episode we're going

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to pick up with c the NBC interview. All of

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the information that goes with this episode can be found

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in the description box. What's up, everyone, and welcome to

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another episode of the Diddy Diaries. In this episode, we're

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getting right back to the Tony Buzby and his memorandum

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in response to the motion for sanctions See the NBC interview.

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On December thirteenth, twenty twenty four, five days after naming

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Carter as a defendant, plaintiff sat for an interview with

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NBC to account what she called the catastrophic event that

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would ruin her life ECF sixty two to one at one.

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When questioned by NBC about what it claimed were some

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potential inconsistencies in her allegations, plaintiff told NBC that she

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stands by her allegations overall. NBC itself acknowledged that the

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inconsistencies in her account of the incident alleged to have

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happened twenty four years ago do not necessarily mean that

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the allegations are false. NBC noted that plaintiff's father purportedly

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did not recall picking her up from the gas station

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the next morning, as plaintiff alleges, despite it being approximately

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a five hour drive. Carter's lawyers strategy is transparent. Instead

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of litigating this case on the merits, they have chosen

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to attack Busby's ethics and motives. Indeed, Carter's fixation on

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Busby is evidenced by his first motion in this matter,

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in which Carter names or refers to Busby no fewer

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than seventy five times. This inappropriate and unprofessional bullying tactic

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persists despite the Court's admonition in its December twenty sixth

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order Cassowitz Declaration example BT four. Since Carter's attorney first

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appeared on this case seventeen days ago, he has submitted

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a litany of letters and motions attempting to impugne the

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character of Plaintiff's lawyer, many of them expounding on the

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purported urgency of the case. Carter's lawyer's relentless fees yling

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of combative motions containing inflammatory language and ad hominem attacks

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is inappropriate, a waste of judicial resources, and a tactic

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unlikely to benefit his client. The Court will not fast

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track the judicial process merely because council demands. Plaintiff told

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NBC that she stood by her claim that her father

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may have misremembered. During the interview, plaintiff told NBC that

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musician Benji Madden was one of the celebrities that she

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spoke to at the party in question, but NBC determined

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that Madden was on tour in the Midwest at the time.

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In response, plaintiff explained, Honestly, what is clearest is what

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happened to me and the route that I took to

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what happened to me. Not all the faces there are

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as clear. I may have made a mistake in identifying. Finally,

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NBC also reported that Carter and Colmbs had been photographed

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at Vima after parties in Manhattan that night, and neither

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of the venues of those parties match plaintiff's description of

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the house she was raped in. However, NBC also noted

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that Colmbs and carters whereabouts for the entire evening are unclear,

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and it's not clear what time those images were taken

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or if Colmbs and Carter attended any other after parties.

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Plaintiff also explained that she didn't know exactly where we

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were going or even how long it took. Mister Buzzby

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told NBC, we have attempted to confirm the correct location.

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Plaintiff has been very specific and detailed about the description

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of the venue she says she was taken to. We

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won't speculate on whether there was an after party, because again,

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she doesn't know that. As Buzzby also stated to NBC,

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plaintiff remains fiercely adamant that what she has stated is

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true to the best of her memory. Buzzby further explained,

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we will always do our best to vet each claim made,

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just as we did in this case. Plaintiff also told NBC,

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you should always fight for what happened to you. You

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should always advocate for yourself and be a voice for yourself.

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You should never let what somebody else did ruin your life.

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I just hope I can give others the strength to

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come forward like I came forward. D procedural history. The

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original complaint in this matter was filed anonymously on October twentieth,

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twenty twenty four, against Combs and other corporate defendants. Plaintiff

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filed emotion to proceed in the litigation anonymously on October

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twenty fourth, twenty twenty four, which this Court provisionally granted

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on November sixth, twenty twenty four. The complaint was amended

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on December eighth, twenty twenty four, to add Carter to

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the allegations of sexual assault and abuse. Again, plaintiffs sought

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to proceed anonymously. On December ninth, twenty twenty four, Carter,

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through his council, filed a motion to deny plaintiff's request

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to proceed anonymously. On December thirteenth, twenty twenty four, Carter's

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lawyers filed a pre motion letter in forming the court

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of their intent to immediately file for sanctions and requested

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a shortening of the twenty one day save harbor provision

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in Rule eleven. Then, on December eighteenth, twenty twenty four,

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Carter's lawyers filed an emergency motion to strike the fac

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and dismiss Carter from the action. On December twenty sixth,

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twenty twenty four, the Court issued an order admonishing Carter's

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lawyers for repeatedly attacking mister Busby's ethics and motives, denying

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Carter's emergency motion to strike, and denying Carter's attempt to

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shorten the safe harbor period to one day. Since Carter's

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attorneys first appeared in this case seventeen days ago, he

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has submitted a litany of letters emotions attempting to impugne

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the character of plaintiff's lawyer. Carter's lawyers relentless filing of

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combative motions containing inflammatory language and ad hominem attacks is inappropriate,

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a waste of judicial resources, and attacked it unlikely to

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benefit as client. The Court will not fast track the

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judicial process merely because Council demands it. Despite the Court

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having admonished Carter's lawyers in its December twenty sixth order

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that the Court disc courages the filing of their Rule

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eleven motion without first seeking leave of court, they nonetheless

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did so this motion. In a December thirteenth, twenty twenty

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four pre motion letter, Carter's lawyers stated that they intended

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to immediately file this motion for sanctions and requested an

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expedited briefing schedule from twenty one days to one day.

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On December seventeenth, twenty twenty four, mister Busby received a

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copy of Carter's Rule eleven motion On December twentieth, twenty

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twenty four, mister Busby filed his opposition to Carter's lawyer's

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pre motion letter, arguing that any Rule eleven motion on

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allegations concerning a child rape victim would be frivolous and

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would itself be subject to a Rule eleven motion. In response,

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Buzzby pointed Carter's lawyers to authority recognizing that a victim

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who was a minor at the time of a sexual

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assault could not be expected to have exacting recall and

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command of all relevant facts the legal standard, Carter's lawyers

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do not come close to establishing that sanctions are warranted here.

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Sanctioned may not be imposed unless a particular allegation is

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utterly lacking in factual support Ohbrien versus Alexander, quoting Rule

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eleven Advisory Committee note the Carlton Group Ltd. Versus Tobin

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two thousand and three SDN Y July thirty first, two

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thousand and three. Sanction should only be imposed where it

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is patently clear that a claim is absolutely no chance

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of success, and it is also established that plaintiff's council

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is entitled to rely on the representations of their client

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without having to assess his credibility. Credibility is solely within

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the province of the finder effect Jeffries vers. Rossi, seven

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to twenty five, SDNY, two thousand and three. Moreover, whether

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to impose a sanction for a Rule eleven B violation

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is committed to the sound discretion of the District Court.

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New Oriental Pte Ltd. First Mission Critical LLC, sdn Y,

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March twenty fourth, twenty twenty two. Because Rule eleven sanctions

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represent z a drastic extraordinary remedy, courts seldom issue them,

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and then only as a very last resort. Anderson News LLC,

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verse Am Media Incorporated, twenty thirteen, SDNY, April twenty third,

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twenty thirteen. Furthermore, it's well settled that courts should not

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impose Rule eleven sanctions that may discourage council's obligation to

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advocate zealously on behalf of its client see Kyobo versus Milson,

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five ninety two ft three d seventy eight, Second Circuit,

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twenty ten. Rule eleven sanctions are a coersive mechanism available

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to trial court judges to enforce ethical standards upon attorneys

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appearing before them, while being careful not to reign in

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zealous advocacy. Sanderson versus leg Apparel LLC. Twenty twenty four.

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Courts maintain a high bar for establishing a Rule eleven violation,

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given judicial concern for encouraging zealous advocacy. Finally, courts must

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resolve all doubts in favor of the signer of the

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bleeding Abuhamed first all Tria Group five to fifteen f.

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Dot supp two d. Three eighty four three ninety two

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SDNY two thousand and seven, quoting erotic Verst City of Schenectady,

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one f. Dot three d. Thirteen forty one thirteen fifty

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Second Circuit, nineteen ninety three. The argument under any standard,

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and certainly not under the high bar and very last

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resort of Rule eleven, there is no basis here to

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impose any sanction, let alone dismissal against plaintiff or council.

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What Carter's motion amounts to is an outrageous and unprecedented

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attempt to silence a plaintiff who alleges, at twenty four

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years ago, when she was thirteen years old, Carter and

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his co defendant Combs raped her. Carter celebrity status does

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not entitle him the special treatment by the courts, and

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certainly not on the mere says of his lawyers. As

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this Court has recognized, the Court will not fast track

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judicial process merely because, as Council demands it, relying solely

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on what his lawyers say, principally based on the NBC report,

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are inaccurate details In her account of this horrific assault,

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Carter asked the Court to ignore federal rules of civil procedure, and,

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as a sanction for what his lawyers falsely say was

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Buzzby's failure to investigate summarily dismiss plaintiffs well pleaded FAC

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in its entirety, which would run rough shot over her

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right to take discovery and prove her claims before a jury.

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Even assuming ourguendo that plaintiff misremembers details from twenty four

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years ago, that is no basis for evading the requirements

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of Rule twelve by dismissing or FAC under Rule eleven

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based solely on the purported factual disputes concerning those details.

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This is especially true where as here the purported factual

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disputes arise solely from the memory of a victim. Here,

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a child victim of sexual abuse, which it is well established,

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typically causes memory lapses see Jim Hopper, PhD. Why incomplete

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sexual assault memories can be very reliable psychology Today, September

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twenty eight, twenty eighteen. Yes, Peripheral, unless central details can

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get distorted more easily than many people realize, But decades

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of research have shown that the most central details are

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not easy to distort. Doctor Hopper to testify regarding repressed

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memory theory and child sexual abuse case. Indeed, it is

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for this reason that courts routinely permit expert testimony to

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explain various syndromes that impact the victim's memory and other behaviors.

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See Lane Verse Am air Lines Incorporated, twenty twenty four,

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Eastern District of New York, March twentieth, permitting expert testimony

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to explain, inter alia, that victims of sexual assault may

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dissociate during the crime or continue to dissociate afterward, and

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that these processes also affect the victim's memory of the

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traumatic incident, leading to severe memory deficits internal citations and

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quotations omitted people vers Spiccola sixteen and Y three D

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four forty one, twenty eleven. We have long held evidence

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of psychological syndromes affecting certain crime victims to be admissible

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for the purpose of explaining behavior that might be puzzling

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to a jury, such as delayed reporting, recantation, and inconsistency.

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As the courts have made clear, Rule eleven sanctions will

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be imposed only in extraordinary circumstances Gluck Corp. Two fifty

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two frd, of which celebrity status is not one. Here

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there are no circumstances at all, let alone extraordinary circumstances

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justifying sanctions against Buzzby. In fact, it is out of

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judicial concern for encouraging zealous advocacy that the courts maintain

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a high bar for establishing a Rule eleven violation. But

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over the top zealous advocacy is precisely what this Court

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has also recognized Carter's lawyers are engaging in of which

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this motion is the latest and worst manifest. Carter's lawyer's

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relentless filing of combative motions containing inflammatory language and ad

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hominem attacks is inappropriate, a waste of judicial resources, and

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a tactic unlikely to benefit as client Cassowitz declaration example

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BT four. Contrary to Carter's lawyer's inflammatory and ad hominem attacks,

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Buzzby included the allegations against Carter in the fac only

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after an investigation, including numerous interviews of plaintiff and vetting

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of the information Plaintiff provided that more than satisfied Rule

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eleven's requirements. On the other hand, Carter's lawyer's motion, which

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they filed in the face of this courts discouraging them

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from doing so, is nothing more than an improper attempt

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to intimidate plaintiff ender council and is factually and legally meritless.

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If anyone is violated Rule eleven, it's Carter's lawyers who

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should be sanctioned by awarding plaintiff and her council the

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attorney fees and costs incurred in having to respond to

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their emotion. Are going to wrap up right here, and

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in the next episode, we're gonna pick up where we

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left off, and that's with Part I. Carter's lawyers do

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not and cannot show that Buzzby's investigation was inadequate. All

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of the information that goes with this episode can be

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found in the description box.