Opposition to Trump New Trial Bid Has Haggis NYS Breest MeToo Case Quotes by Carroll

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by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, June 22 – During the "Carroll II" trial of E. Jean Carroll versus Donald Trump, both sides put in exhibits, but no defense exhibits were made available to the public or press, see Inner City Press filing and below.

On May 11, Trump filed a notice of appeal to the 2d Circuit "from [178] Judgment,,. Document filed by Donald J. Trump. Filing fee $ 505.00, receipt number ANYSDC-27729258. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit."

On May 22, Carroll's lawyer filed a proposed schedule for the earlier, Carroll I case, with briefing through July 31. Letter on Patreon here.

On May 24, Judge Kaplan set a schedule: "ORDER, 1.Any response to plaintiff's letter of May 22, 2023 shall be filed on or before May 26, 2023."

On May 26, Trump's lawyer Alina Habba wrote that "by filing the Motion to Amend the Complaint (“Motion to Amend”), Plaintiff is seeking to “retrofit” the jury verdict for Carroll II into the Complaint for Carroll I, in order to alter the entire nature of Carroll I at the eleventh hour, following the completion of discovery, pre-trial motion practice, and a fully briefed Motion for Summary Judgment filed by the Defendant, inter alia. Plainly stated, the jury in Carroll II found that the alleged rape did not occur. However, the entire Complaint in Carroll I contains allegations of purported defamatory statements arising from this precise allegation – not a purported sexual assault." Full letter on Patreon here.

On June 5, Habba filed a memo opposing the request to amend, arguing, "Plaintiff’s Amended Allegations Unduly Prejudice Defendant II. Plaintiff’s Motion Should Be Denied Because of Plaintiff’s Undue Delay III. Plaintiff’s Motion Should Be Denied Due to Futility  IV. This Court Should Permit Defendant to File a Supplemental Motion for Summary Judgment in Light of the Carroll II Verdict. " Full memo on Patreon here.

On June 9, after DOJ asked for more time, Carroll's lawyer wrote, "DOJ’s letter makes clear that the United States no longer stands by its original Westfall Act certification of Defendant Donald J. Trump. As DOJ explains, that decision rests not only on the recent filing of a proposed amended complaint, but also on other intervening legal and factual developments, including the ruling of the D.C. Court of Appeals, Trump’s deposition, and the Carroll II jury verdict.. there is simply no merit to DOJ’s claim that it cannot even commence its Westfall Act analysis until this Court rules on the motion to amend." Full letter on Patreon here.

On June 12, Carroll's counsel filed a reply to amend the complaint, saying that Trump is dreaming up a multiverse. Full filing on Patreon here.

On June 13, Judge Kaplan granted Carroll's motion to amend.

On June 15, Judge Kaplan set the trial date: ORDER, Unless this case previously has been entirely disposed of, trial of this action shall commence on January 15, 2024 absent contrary order of the Court. ( Jury Trial set for 1/15/2024 at 09:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 6/15/2023).

On June 8, Tacopina filed a motion in Carroll II, for a new trial, arguing against double recovery and that Carroll, if anything, has increased her income after the statements. Full 25 memo on Patreon here.

On June 22, Carroll's counsel opposed any new trial, including a transcript from the NYS MeToo case of Breest v. Haggis, which Inner City Press also covered, here.

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