Case #0113482/2007 · N.Y. Sup. Ct., New York County
James Waldon v. Sean Combs, Bad Boy Entertainment, Inc., Sean John Clothing, Inc., Christian Casey, LLC, Variety Entertainment Group, LLC d/b/a "The Box", 189 Chrystie Partners, L.P. d/b/a "The Box", Green Gates Security, Inc., and John Does 1-3
- Status
- Open
- Next court date
- None on file
- Last filing
- Mar 15, 2010No. 28 · Decision on Motion Seq. 6 (Default Judgment) — motion MOOT, the case having been discontinued
- Judge
- Justice Marilyn G. Diamond
Parties
Plaintiff
James Waldon
Defendants
Sean Combs a/k/a "Puff Daddy", "P. Diddy"
Bad Boy Entertainment, Inc. Record company.
Sean John Clothing, Inc. Combs' fashion label.
Christian Casey, LLC Combs-affiliated entity.
Variety Entertainment Group, LLC d/b/a "The Box" Operator of the nightclub/venue where the incident occurred.
189 Chrystie Partners, L.P. d/b/a "The Box" Venue landlord/operator entity.
Green Gates Security, Inc. Security company added by amended complaint, 2009.
Factual Allegations
Disclaimer: allegations as pled by the plaintiff, summarized with the help of AI.
Waldon, a hip-hop promoter, alleges he approached Combs at "The Box" nightclub/venue (189 Chrystie St, Manhattan) to ask him to view a performance by an up-and-coming hip-hop group; he alleges one of Combs' bodyguards punched him, knocking him onto a table and causing mouth and teeth injuries. Sought $5 million. Two third-party actions were filed against ATW Security Solutions, Inc. (the venue's security contractor) -- one by venue defendants Variety Entertainment Group/189 Chrystie Partners, one by Combs/Bad Boy/Sean John Clothing/Christian Casey -- and the complaint was later amended to add Green Gates Security, Inc. as a direct defendant. Discontinued with prejudice by stipulation, 01/29/2010. Not sexual-assault-related -- same bodyguard-assault pattern as Grieson (0019633/2003), Jackson/Guest (0114308/2003, 0114309/2003), and Owusu (0025374/2004). Source: Variety, "Sean 'Diddy' Combs sued for assault" (2007).
Court Dates
| Date | Type | Description |
|---|---|---|
| Jan 1, 2007 | Other | Motion concerning subpoena duces tecum (Mot. Seq. 1); motion decided-open appearance |
| Apr 8, 2008 | Other | Motion to dismiss (Mot. Seq. 2); fully submitted - no opp |
| Apr 8, 2008 | Status Conference | Supreme Initial (first time on); conference; prelim conference adjourned |
| May 6, 2008 | Status Conference | Supreme Trial; conference; preliminary conference held |
| Aug 19, 2008 | Status Conference | Supreme Trial; conference; compliance conference held |
| Sep 16, 2008 | Status Conference | Supreme Trial; conference; status conference held |
| Oct 28, 2008 | Status Conference | Supreme Trial; conference; status conference held |
| Dec 9, 2008 | Status Conference | Supreme Trial; conference; status conference held |
| Jan 20, 2009 | Status Conference | Supreme Trial; conference; status conference adjourned |
| Feb 10, 2009 | Status Conference | Supreme Trial; conference; status conference held |
| Mar 31, 2009 | Status Conference | Supreme Trial; conference; status conference held |
| Apr 21, 2009 | Other | Motion to amend/supplement pleadings (Mot. Seq. 3); adjourned |
| Apr 27, 2009 | Status Conference | Supreme Trial; conference; adjourned without a date |
| Apr 28, 2009 | Other | Supreme Trial; adjourned without a date |
| Apr 28, 2009 | Other | Motion to amend/supplement pleadings (Mot. Seq. 3); fully submitted |
| May 19, 2009 | Other | Motion to quash subpoena / fix conditions (Mot. Seq. 4); adjourned |
| Jun 2, 2009 | Other | Motion to quash subpoena / fix conditions (Mot. Seq. 4); adjourned |
| Jun 22, 2009 | Other | Motion to quash subpoena / fix conditions (Mot. Seq. 4); motion decided-open appearance |
| Sep 2, 2009 | Status Conference | Supreme Trial; conference; status conference held |
| Sep 29, 2009 | Status Conference | Supreme Trial; conference; adjourned without a date |
| Oct 20, 2009 | Status Conference | Supreme Trial; conference; status conference held |
| Nov 10, 2009 | Status Conference | Supreme Trial; conference; adjourned |
| Nov 10, 2009 | Other | Motion for default judgment (Mot. Seq. 5); motion decided-open appearance |
| Dec 15, 2009 | Other | Motion for default judgment (Mot. Seq. 6); fully submitted - no opp |
| Jan 29, 2010 | Status Conference | Supreme Trial; conference; discontinued pre-note |
Docket
| Date | No. | Description | |
|---|---|---|---|
| Dec 13, 2007 | 1 | Verified Petition sworn (pre-action disclosure) — Order to Show Cause seeking a Judicial Subpoena Duces Tecum directed to NYPD and disclosure of documents to Plaintiff. Before Justice Eileen A. Rakower (DCM). | No document |
| Dec 28, 2007 | 1-decision | Decision on Motion Seq. 1 (Subpoena Duces Tecum) — Order to Show Cause REFUSED. Before Justice Eileen A. Rakower (DCM). | No document |
| Mar 14, 2008 | 2 | Motion Seq. 2 (Dismiss the 13th affirmative defense), filed by Plaintiff. | No document |
| Apr 8, 2008 | 2-a | Submissions Part — Motion Seq. 2, fully submitted, no opposition (default). | No document |
| Apr 8, 2008 | 2-b | IAS Preliminary Conference 48 — preliminary conference adjourned. Before Justice Marilyn G. Diamond. | No document |
| Jun 2, 2008 | 2-decision | Decision on Motion Seq. 2 — motion to dismiss the 13th affirmative defense asserted by defendants Combs, Bad Boy Enterprises, Christian Casey, and Sean John Clothing granted on default; affirmative defense dismissed. Before Justice Marilyn G. Diamond. | No document |
| May 6, 2008 | 3 | IAS Preliminary Conference 48 — preliminary conference held (11:00). Before Justice Marilyn G. Diamond. | No document |
| Aug 19, 2008 | 4 | Compliance Conference 48 held (11:00). Before Justice Marilyn G. Diamond. | No document |
| Sep 16, 2008 | 5 | Status Conference 48 held (11:00). Before Justice Marilyn G. Diamond. | No document |
| Oct 28, 2008 | 6 | Status Conference 48 held (11:00). Before Justice Marilyn G. Diamond. | No document |
| Dec 9, 2008 | 7 | Status Conference 48 held (2:00). Before Justice Marilyn G. Diamond. | No document |
| Jan 20, 2009 | 8 | Status Conference 48, adjourned. Before Justice Marilyn G. Diamond. | No document |
| Feb 10, 2009 | 9 | Status Conference 48 held (10:00). Before Justice Marilyn G. Diamond. | No document |
| Mar 31, 2009 | 10 | Status Conference 48 held (10:00). Before Justice Marilyn G. Diamond. | No document |
| Mar 30, 2009 | 11 | Motion Seq. 3 (Amend/Supplement Pleadings), filed by Plaintiff -- to amend the complaint and add Green Gates Security, Inc. as a defendant. | No document |
| Apr 21, 2009 | 12 | Submissions Part — Motion Seq. 3, adjourned. | No document |
| Apr 27, 2009 | 13 | Status Conference 48, adjourned without a date. Before Justice Marilyn G. Diamond. | No document |
| Apr 28, 2009 | 14 | Submissions Part — Motion Seq. 3, fully submitted; IAS Part 48, adjourned without a date (motion pending). Before Justice Marilyn G. Diamond. | No document |
| May 1, 2009 | 15 | Motion Seq. 4 (Quash Subpoena, Fix Conditions), filed by Defendant -- to quash Plaintiff's April 29, 2009 subpoena of T-Mobile. | No document |
| May 19, 2009 | 16 | IAS Motion 48 — Motion Seq. 4, adjourned. | No document |
| Jun 2, 2009 | 17 | IAS Motion 48 — Motion Seq. 4, adjourned. | No document |
| Jun 16, 2009 | 18 | STIPULATION (So Ordered): defendants withdraw opposition to Motion Seq. 3 (amend complaint) and consent to immediate service of the amended complaint on Green Gates Security, Inc.; Plaintiff withdraws the T-Mobile subpoena; Defendants withdraw Motion Seq. 4 (quash) as moot; June 22, 2009 hearing adjourned pending a status conference to set a deposition schedule. Signed by counsel: Jason D. May (Plaintiff); Jason B. Eckerman/Cozen O'Connor (Combs, Sean John Clothing, Bad Boy Entertainment, Christian Casey LLC); June D. Reiter/Catalano Gallardo & Petropoulos (Variety Entertainment Group and 189 Chrystie Partners). | No document |
| Jun 22, 2009 | 18-decision | Decision on Motion Seq. 4 (Quash Subpoena) — resolved per the 06/16/2009 stipulation. Before Justice Marilyn G. Diamond. | No document |
| Jul 2, 2009 | 19 | Decision on Motion Seq. 3 (Amend/Supplement Pleadings) — per the 06/16/2009 stipulation, opposition withdrawn; amended complaint permitted to be served on Green Gates Security, Inc. Before Justice Marilyn G. Diamond. | No document |
| Sep 2, 2009 | 20 | Status Conference 48 held (10:00). Before Justice Marilyn G. Diamond. | No document |
| Sep 29, 2009 | 21 | Status Conference 48, adjourned without a date (12:00). Before Justice Marilyn G. Diamond. | No document |
| Oct 20, 2009 | 22 | Status Conference 48 held (11:30). Before Justice Marilyn G. Diamond. | No document |
| Oct 27, 2009 | 23 | Motion Seq. 5 (Default Judgment), filed by Defendant. | No document |
| Nov 10, 2009 | 24 | Status Conference 48, adjourned (2 p.m.); Motion Seq. 5, motion decided, open appearance (2:00 p.m., OSC in part). Before Justice Marilyn G. Diamond. | No document |
| Nov 30, 2009 | 25 | Motion Seq. 6 (Default Judgment), filed by Plaintiff. | No document |
| Dec 15, 2009 | 26 | IAS Motion 48 — Motion Seq. 6, fully submitted, no opposition. | No document |
| Jan 29, 2010 | 27 | Status Conference 48 — DISCONTINUED, pre-note (stipulation filed). Before Justice Marilyn G. Diamond. | No document |
| Mar 15, 2010 | 28 | Decision on Motion Seq. 6 (Default Judgment) — motion MOOT, the case having been discontinued. Before Justice Marilyn G. Diamond. FINAL DISPOSITION. | No document |
Attorneys
Jason D. May
Law Office of Jason D. May, LLC
for James Waldon
Jason B. Eckerman
Cozen O'Connor
for Sean Combs
June D. Reiter
Catalano Gallardo & Petropoulos, L.L.P.
for Variety Entertainment Group, LLC d/b/a "The Box"