Case #1:24-cv-08852 · United States District Court, Southern District of New York
Withers v. Combs et al
Open
Sean Combs
Daddy's House Recordings Inc.
CE OPCO, LLC d/b/a Combs Global f/k/a Combs Enterprises LLC
Bad Boy Entertainment Holdings, Inc.
Bad Boy Productions Holdings, Inc.
Bad Boy Books Holdings, Inc.
Bad Boy Records LLC
Bad Boy Entertainment LLC
Bad Boy Productions LLC
Organizational Does 1-10
Individual Does 1-10
Parties
John Doe (Dexter Withers) Plaintiff
Sean Combs A male who, on information and belief, resides in New York City, currently incarcerated at the Metropolitan Detention Center in Brooklyn; owns and/or controls the named Combs Corporations.
Daddy's House Recordings Inc. A New York corporation with its principal place of business at 9255 Sunset Boulevard, 2nd Floor, West Hollywood, CA 90069; a world-class recording studio owned by Combs, previously located at 321 W 44th Street, Suite 201, New York, NY 10036.
CE OPCO, LLC d/b/a Combs Global f/k/a Combs Enterprises LLC A Delaware LLC with its principal place of business at 9255 Sunset Boulevard, 2nd Floor, West Hollywood, CA 90069; an alter ego for Combs and/or used to insulate his assets.
Bad Boy Entertainment Holdings, Inc. A New York corporation with its principal place of business at 9255 Sunset Boulevard, 2nd Floor, West Hollywood, CA 90069; part of the Bad Boy enterprise founded and owned by Combs.
Bad Boy Productions Holdings, Inc. A New York corporation with its principal place of business at 9255 Sunset Boulevard, 2nd Floor, West Hollywood, CA 90069; part of the Bad Boy enterprise founded and owned by Combs.
Bad Boy Books Holdings, Inc. A New York corporation with its principal place of business at 1440 Broadway, 3rd Floor, New York, NY 10018; part of the Bad Boy enterprise founded and owned by Combs.
Bad Boy Records LLC A Delaware LLC headquartered in New York and/or California; part of the Bad Boy enterprise founded and owned by Combs.
Bad Boy Entertainment LLC A New York LLC headquartered in New York and/or California; part of the Bad Boy enterprise founded and owned by Combs.
Bad Boy Productions LLC A New York LLC headquartered in New York and/or California; part of the Bad Boy enterprise founded and owned by Combs.
Organizational Does 1-10 Currently unknown entities owned by and/or employed by Combs that enabled and conspired with the alleged conduct.
Individual Does 1-10 Currently unknown celebrities and/or persons of interest who enabled and/or conspired with the alleged conduct.
Dismissed defendants: BAD BOY RECORDS LLC
Factual Allegations
Disclaimer: allegations as pled by the plaintiff, summarized by Grok.
In or around 2022, John Doe, a 39-year-old from Georgia, attended a party hosted by Sean Combs at a large, glamorous home in New York City with friends. While socializing, he consumed a drink provided by others, which caused disorientation and loss of control, suspected to be laced with GHB or ecstasy by Combs or his agents. He blacked out and awoke in a dark bedroom with Combs sodomizing him; in shock, he fought Combs off, fled to a bathroom, discovered anal bleeding, and escaped the house, suffering ongoing severe emotional distress.
Prayer for Relief
Plaintiff seeks: (a) compensatory damages for physical injuries, emotional distress, psychological harm, anxiety, humiliation, pain and suffering, family and social disruption, and other harms, in an amount to be determined at trial; (b) punitive damages in an amount to be determined at trial; (c) attorneys’ fees and costs under applicable statutes; (d) pre- and post-judgment interest on damages, fees, and costs; (e) attachment of Defendants’ real property and assets in New York per Federal Rule of Civil Procedure 64; and (f) any other relief the Court deems just and proper.
Causes of Action
FIRST CAUSE OF ACTION Violation of New York City Victims of Gender-Motivated Violence Protection Act
(New York City Administrative Code § 10-1103) (All Defendants)
Docket
| Date | No. | Description | |
|---|---|---|---|
| Nov 20, 2024 | 1 | COMPLAINT against Bad Boy Books Holdings, Inc., Bad Boy Entertainment Holdings, Inc., Bad Boy Entertainment LLC, Bad Boy Productions Holdings, Inc., Bad Boy Productions LLC, Bad Boy Records LLC, CE OPCO, LLC, Sean Combs, Daddy's House Recordings Inc., Individual Does 1-10, Organizational Does 1-10. (Filing Fee $ 405.00, Receipt Number ANYSDC-30215682)Document filed by John Doe..(Curis, Antigone) (Entered: 11/20/2024) | View PDF |
| Nov 20, 2024 | 2 | CIVIL COVER SHEET filed..(Curis, Antigone) (Entered: 11/20/2024) | No document |
| Nov 20, 2024 | 3 | REQUEST FOR ISSUANCE OF SUMMONS as to SEAN COMBS, DADDYS HOUSE RECORDINGS INC., CE OPCO, LLC d/b/a COMBS GLOBAL f/k/a COMBS ENTERPRISES LLC, BAD BOY ENTERTAINMENT HOLDINGS, INC., BAD BOY PRODUCTIONS HOLDINGS, INC., BAD BOY BOOKS HOLDINGS, INC., BAD BOY RECORDS LLC, BAD BOY ENTERTAINMENT LLC, BAD BOY PRODUCTIONS LLC, re: 1 Complaint,. Document filed by John Doe..(Curis, Antigone) (Entered: 11/20/2024) | No document |
| Nov 20, 2024 | 4 | FIRST MOTION Motion for Leave to Appear Anonymously re: 1 Complaint, . Document filed by John Doe..(Curis, Antigone) (Entered: 11/20/2024) | View PDF |
| Nov 20, 2024 | 5 | DECLARATION of Anthony G. Buzbee in Support re: 4 FIRST MOTION Motion for Leave to Appear Anonymously re: 1 Complaint, .. Document filed by John Doe..(Curis, Antigone) (Entered: 11/20/2024) | No document |
| Nov 20, 2024 | 6 | FIRST MEMORANDUM OF LAW in Support re: 4 FIRST MOTION Motion for Leave to Appear Anonymously re: 1 Complaint, . . Document filed by John Doe..(Curis, Antigone) (Entered: 11/20/2024) | No document |
| Nov 20, 2024 | 7 | PROPOSED ORDER. Document filed by John Doe. Related Document Number: [1-5]..(Curis, Antigone) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 11/20/2024) | No document |
| Nov 22, 2024 | 8 | ORDER granting 4 Motion. In sum, after weighing the factors outlined in Sealed Plaintiff, the Court concludes that Plaintiff may proceed at this stage under the pseudonym "John Doe." This Order permitting Plaintiff to proceed anonymously shall remain in effect only until the later of (1) thirty days following service of the Complaint, or (2) the Courts ruling on any timely renewed motion to proceed anonymously. Any renewed motion must be filed within thirty days after service of the Complaint. In the absence of a timely motion, the Court shall order the name of the Plaintiff be disclosed. The Clerk of Court is respectfully directed to close the motion at Docket Number 4 and to issue the requested summonses. SO ORDERED. (Signed by Judge John P. Cronan on 11/22/2024) (jca) Transmission to Civil Case Openings Clerk for processing. (Entered: 11/22/2024) | View PDF |
| Nov 22, 2024 | 9 | ELECTRONIC SUMMONS ISSUED as to Bad Boy Books Holdings, Inc., Bad Boy Entertainment Holdings, Inc., Bad Boy Entertainment LLC, Bad Boy Productions Holdings, Inc., Bad Boy Productions LLC, Bad Boy Records LLC, CE OPCO, LLC, Sean Combs, Daddy's House Recordings Inc...(jgo) (Entered: 11/22/2024) | No document |
| Jan 10, 2025 | 10 | NOTICE OF APPEARANCE by Donald S. Zakarin on behalf of Bad Boy Records LLC..(Zakarin, Donald) (Entered: 01/10/2025) | No document |
| Jan 10, 2025 | 11 | NOTICE OF APPEARANCE by William Laurence Charron on behalf of Bad Boy Records LLC..(Charron, William) (Entered: 01/10/2025) | No document |
| Jan 10, 2025 | 12 | NOTICE OF APPEARANCE by Nicholas George Saady on behalf of Bad Boy Records LLC..(Saady, Nicholas) (Entered: 01/10/2025) | No document |
| Jan 10, 2025 | 13 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Atlantic Recording Corporation, Other Affiliate AI Entertainment Holdings LLC, Other Affiliate Bad Boy Records, Other Affiliate BB Investments, LLC, Other Affiliate Warner Music Group Corp. for Bad Boy Records LLC. Document filed by Bad Boy Records LLC..(Saady, Nicholas) (Entered: 01/10/2025) | No document |
| Jan 13, 2025 | 14 | SECOND MOTION Motion for Leave to Appear Anonymously . Document filed by John Doe..(Curis, Antigone) (Entered: 01/13/2025) | No document |
| Jan 13, 2025 | 15 | DECLARATION of Anthony G. Buzbee in Support re: 14 SECOND MOTION Motion for Leave to Appear Anonymously .. Document filed by John Doe..(Curis, Antigone) (Entered: 01/13/2025) | No document |
| Jan 13, 2025 | 16 | FIRST MEMORANDUM OF LAW in Support re: 14 SECOND MOTION Motion for Leave to Appear Anonymously . . Document filed by John Doe..(Curis, Antigone) (Entered: 01/13/2025) | No document |
| Jan 13, 2025 | 17 | PROPOSED ORDER. Document filed by John Doe. Related Document Number: [14-17]..(Curis, Antigone) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 01/13/2025) | No document |
| Jan 14, 2025 | 18 | JOINT LETTER MOTION for Extension of Time to File Answer re: 14 SECOND MOTION Motion for Leave to Appear Anonymously ., 1 Complaint, addressed to Judge John P. Cronan from Counsel for All Parties dated 1/14/2025. Document filed by Bad Boy Entertainment LLC, Bad Boy Productions LLC, Sean Combs, Daddy's House Recordings Inc., CE OPCO, LLC, Bad Boy Entertainment Holdings, Inc., Bad Boy Productions Holdings, Inc., Bad Boy Books Holdings, Inc...(Cuccaro, Mark) (Entered: 01/14/2025) | No document |
| Jan 15, 2025 | 19 | ORDER granting 18 Letter Motion for Extension of Time to Answer The parties' proposed schedule is adopted. Defendants shall respond to the Complaint by March 4, 2025. Defendants' deadline to respond to Plaintiff's second motion for leave to appear anonymously, Dkts. 14-17, is extended to March 4, 2025. By January 31, 2025, Plaintiff shall file on the docket proof of service on all Defendants. The Clerk of Court is respectfully directed to close Docket Number 18.SO ORDERED. Bad Boy Books Holdings, Inc. answer due 3/4/2025; Bad Boy Entertainment Holdings, Inc. answer due 3/4/2025; Bad Boy Entertainment LLC answer due 3/4/2025; Bad Boy Productions Holdings, Inc. answer due 3/4/2025; Bad Boy Productions LLC answer due 3/4/2025; Bad Boy Records LLC answer due 3/4/2025; CE OPCO, LLC answer due 3/4/2025; Sean Combs answer due 3/4/2025; Daddy's House Recordings Inc. answer due 3/4/2025. (Signed by Judge John P. Cronan on 1/14/2025) (jca) (Entered: 01/15/2025) | View PDF |
| Jan 22, 2025 | 20 | NOTICE OF APPEARANCE by Mark Elliot Cuccaro on behalf of Bad Boy Entertainment LLC, Bad Boy Productions LLC, Sean Combs, Daddy's House Recordings Inc., CE OPCO, LLC, Bad Boy Entertainment Holdings, Inc., Bad Boy Productions Holdings, Inc., Bad Boy Books Holdings, Inc...(Cuccaro, Mark) (Entered: 01/22/2025) | No document |
| Jan 23, 2025 | 21 | NOTICE OF APPEARANCE by Erica Ashley Wolff on behalf of Bad Boy Entertainment LLC, Bad Boy Productions LLC, Sean Combs, Daddy's House Recordings Inc., CE OPCO, LLC, Bad Boy Entertainment Holdings, Inc., Bad Boy Productions Holdings, Inc., Bad Boy Books Holdings, Inc...(Wolff, Erica) (Entered: 01/23/2025) | No document |
| Feb 3, 2025 | 22 | ORDER The Court's January 15, 2025 Order set a deadline of January 31, 2025 for Plaintiff to file on the docket proof of service on all Defendants in this case. Dkt. 19. That deadline has passed and the docket does not reflect that Plaintiff has filed proof of service. The Court sua sponte extends Plaintiff's deadline to February 7, 2025. SO ORDERED. (Signed by Judge John P. Cronan on 2/3/2025) (jca) (Entered: 02/03/2025) | View PDF |
| Feb 3, 2025 | 23 | FIRST LETTER addressed to Judge John P. Cronan from Plaintiff dated February 3, 2025 re: Service. Document filed by John Doe. (Attachments: # 1 Affidavit Affidavits of Service).(Curis, Antigone) (Entered: 02/03/2025) | No document |
| Feb 18, 2025 | 24 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bad Boy Books Holdings, Inc...(Cuccaro, Mark) (Entered: 02/18/2025) | No document |
| Feb 18, 2025 | 25 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bad Boy Entertainment Holdings, Inc...(Cuccaro, Mark) (Entered: 02/18/2025) | No document |
| Feb 18, 2025 | 26 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bad Boy Entertainment Holdings, Inc. for Bad Boy Entertainment LLC. Document filed by Bad Boy Entertainment LLC..(Cuccaro, Mark) (Entered: 02/18/2025) | No document |
| Feb 18, 2025 | 27 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bad Boy Productions Holdings, Inc...(Cuccaro, Mark) (Entered: 02/18/2025) | No document |
| Feb 18, 2025 | 28 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bad Boy Productions Holdings, Inc. for Bad Boy Productions LLC. Document filed by Bad Boy Productions LLC..(Cuccaro, Mark) (Entered: 02/18/2025) | No document |
| Feb 18, 2025 | 29 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent 1169 Group Holdings LLC, Other Affiliate 1169 Corp. for CE OPCO, LLC. Document filed by CE OPCO, LLC..(Cuccaro, Mark) (Entered: 02/18/2025) | No document |
| Feb 18, 2025 | 30 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Daddy's House Recordings Inc...(Cuccaro, Mark) (Entered: 02/18/2025) | No document |
| Feb 26, 2025 | 31 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Bad Boy Records LLC. Document filed by John Doe. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Curis, Antigone) (Entered: 02/26/2025) | View PDF |
| Feb 28, 2025 | 32 | NOTICE OF VOLUNTARY DISMISSAL SOLELY OF DEFENDANT BAD BOY RECORDS LLC,PURSUANT TO RULE 41(a)(1)(A)(i) OF THE FEDERAL RULES OF CIVIL PROCEDURE Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the Plaintiff, John Doe, by and through his undersigned counsel, hereby gives notice that the claims made in the above-captioned Action are voluntarily dismissed, without prejudice, solely as against Defendant Bad Boy Records LLC ("BBRLLC"). This voluntary dismissal is not with respect to any Defendant other than BBRLLC in the above-captioned Action. The same is acknowledged and agreed by BBRLLC, by and through its undersigned counsel. The Clerk of Court is respectfully directed to terminate the participation of Bad Boy Records LLC in this matter. SO ORDERED. Bad Boy Records LLC terminated. (Signed by Judge John P. Cronan on 2/28/2025) (jca) (Entered: 02/28/2025) | No document |
| Mar 4, 2025 | 33 | NOTICE OF APPEARANCE by Raphael Asher Friedman on behalf of Bad Boy Entertainment LLC, Bad Boy Productions LLC, Sean Combs, Daddy's House Recordings Inc., CE OPCO, LLC, Bad Boy Entertainment Holdings, Inc., Bad Boy Productions Holdings, Inc., Bad Boy Books Holdings, Inc...(Friedman, Raphael) (Entered: 03/04/2025) | No document |
| Mar 4, 2025 | 34 | LETTER MOTION for Conference re: 1 Complaint, Regarding Combs Defendants' Anticipated Motion to Dismiss and Proposed Briefing Schedule addressed to Judge John P. Cronan from Counsel for Combs Defendants dated 3/4/2025. Document filed by Bad Boy Entertainment LLC, Bad Boy Productions LLC, Sean Combs, Daddy's House Recordings Inc., CE OPCO, LLC, Bad Boy Entertainment Holdings, Inc., Bad Boy Productions Holdings, Inc., Bad Boy Books Holdings, Inc...(Cuccaro, Mark) (Entered: 03/04/2025) | View PDF |
| Mar 4, 2025 | 35 | NOTICE OF APPEARANCE by Michael Tremonte on behalf of Bad Boy Entertainment LLC, Bad Boy Productions LLC, Sean Combs, Daddy's House Recordings Inc., CE OPCO, LLC, Bad Boy Entertainment Holdings, Inc., Bad Boy Productions Holdings, Inc., Bad Boy Books Holdings, Inc...(Tremonte, Michael) (Entered: 03/04/2025) | No document |
| Mar 4, 2025 | 36 | MEMORANDUM OF LAW in Opposition re: 14 SECOND MOTION Motion for Leave to Appear Anonymously . . Document filed by Bad Boy Entertainment LLC, Bad Boy Productions LLC, Sean Combs, Daddy's House Recordings Inc., CE OPCO, LLC, Bad Boy Entertainment Holdings, Inc., Bad Boy Productions Holdings, Inc., Bad Boy Books Holdings, Inc...(Cuccaro, Mark) (Entered: 03/04/2025) | No document |
| Mar 10, 2025 | 37 | ORDER with respect to 34 Letter Motion for Conference The Court's Individual Civil Rule 6.A provides that upon the filing of a pre-motion letter, "[a]ll parties served with the pre-motion letter must submit a letter response, also not to exceed three pages absent leave of the Court, within three business days from the submission of the pre-motion letter." Plaintiff's deadline to respond to Defendants' March 4, 2025 pre-motion letter was therefore March 7, 2025. That deadline haspassed and the docket does not reflect the entry of a response. Plaintiff shall file a response to the pre-motion letter by March 11, 2025. SO ORDERED. (Signed by Judge John P. Cronan on 3/10/2025) (jca) (Entered: 03/10/2025) | View PDF |
| Mar 11, 2025 | 38 | FIRST LETTER addressed to Judge John P. Cronan from Plaintiff dated March 11, 2025 re: Defendant's Letter Motion. Document filed by John Doe..(Curis, Antigone) (Entered: 03/11/2025) | View PDF |
| Mar 12, 2025 | 39 | ORDER denying 34 Letter Motion for Conference The Court is in receipt of Defendants' pre-motion letter in anticipation of their forthcoming motion to dismiss, Dkt. 34, as well as Plaintiff's letter in response, Dkt. 38. The Court concludes that a conference on this matter is not necessary and, as Plaintiff did not object to Defendants proposed briefing schedule, sets the following schedule for Defendants' motion to dismiss. Defendants' motion is due by April 1, 2025. Plaintiff's opposition is due by April 30, 2025. Defendants' reply is due by May 24, 2025. The Clerk of Court is respectfully directed to close Docket Number 34. SO ORDERED.. (Signed by Judge John P. Cronan on 3/12/2025) (jca) (Entered: 03/12/2025) | No document |
| Mar 19, 2025 | 40 | FIRST MOTION to Withdraw . Document filed by John Doe..(Curis, Antigone) (Entered: 03/19/2025) | No document |
| Mar 20, 2025 | 41 | MEMO ENDORSEMENT denying as moot 40 Motion to Withdraw ENDORSEMENT As Mr. Buzbee has not filed a notice of appearance in this matter, theinstant motion is moot. The Clerk of Court is respectfully directed toclose Docket Number 40.SO ORDERED. (Signed by Judge John P. Cronan on 3/20/2025) (jca) (Entered: 03/20/2025) | No document |
| Mar 28, 2025 | 42 | ORDER: The parties shall file a proposed civil Case Management Plan and Scheduling Order by April 4, 2025. A model order can be found at https://www.nysd.uscourts.gov/hon-john-p-cronan. SO ORDERED. (Signed by Judge John P. Cronan on 3/28/2025) (rro) (Entered: 03/28/2025) | View PDF |
| Mar 28, 2025 | 43 | OPINION AND ORDER re: 14 SECOND MOTION Motion for Leave to Appear Anonymously . filed by John Doe.Accordingly, Plaintiff's renewed motion to appear anonymously is denied. Plaintiff shall file an amended complaint with his true name by April 4, 2025. If an amended complaint is not filed by that date, or if that deadline is not extended, the Court will dismiss the Complaint without prejudice. The Clerk of Court is respectfully directed to close Docket Number 14. SO ORDERED. ( Amended Pleadings due by 4/4/2025.) (Signed by Judge John P. Cronan on 3/28/2025) (jjc) (Entered: 03/28/2025) | View PDF |
| Apr 1, 2025 | 44 | JOINT LETTER MOTION to Adjourn Conference addressed to Judge John P. Cronan from Counsel for All Parties dated April 1, 2025. Document filed by Bad Boy Books Holdings, Inc., Bad Boy Entertainment Holdings, Inc., Bad Boy Entertainment LLC, Bad Boy Productions Holdings, Inc., Bad Boy Productions LLC, CE OPCO, LLC, Sean Combs, Daddy's House Recordings Inc...(Cuccaro, Mark) (Entered: 04/01/2025) | View PDF |
| Apr 1, 2025 | 45 | MOTION to Dismiss the Complaint. Document filed by Bad Boy Books Holdings, Inc., Bad Boy Entertainment Holdings, Inc., Bad Boy Entertainment LLC, Bad Boy Productions Holdings, Inc., Bad Boy Productions LLC, CE OPCO, LLC, Sean Combs, Daddy's House Recordings Inc...(Cuccaro, Mark) (Entered: 04/01/2025) | View PDF |
| Apr 1, 2025 | 46 | DECLARATION of Mark Cuccaro in Support re: 45 MOTION to Dismiss the Complaint.. Document filed by Bad Boy Books Holdings, Inc., Bad Boy Entertainment Holdings, Inc., Bad Boy Entertainment LLC, Bad Boy Productions Holdings, Inc., Bad Boy Productions LLC, CE OPCO, LLC, Sean Combs, Daddy's House Recordings Inc.. (Attachments: # 1 Exhibit A: Decision in Delgado v. Donald J. Trump for President, Inc., No. 952333/2023 (Jan. 31, 2025)).(Cuccaro, Mark) (Entered: 04/01/2025) | View PDF Exhibit A: Decision in Delgado v. Donald J. Trump for President, Inc., No. 952333/2023 (Jan. 31, 2025)).(Cuccaro, Mark |
| Apr 1, 2025 | 47 | MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss the Complaint. . Document filed by Bad Boy Books Holdings, Inc., Bad Boy Entertainment Holdings, Inc., Bad Boy Entertainment LLC, Bad Boy Productions Holdings, Inc., Bad Boy Productions LLC, CE OPCO, LLC, Sean Combs, Daddy's House Recordings Inc...(Cuccaro, Mark) (Entered: 04/01/2025) | View PDF |
| Apr 2, 2025 | 48 | ORDER granting 44 Letter Motion to Adjourn Conference The Court construes the parties' letter as a joint motion to stay discovery. "A motion to dismiss does not automatically stay discovery, and discovery should not be routinely stayed simply on the basis that a motion to dismiss has been filed." Khan v. New York City, No. 24 Civ. 2168 (JAM), 2024 WL 4814236, at *4 (E.D.N.Y. Nov. 18, 2024) (internal quotation marks omitted). Rather, "upon a showing of good cause a district court has considerable discretion to stay discovery pursuant to Fed. R. Civ. P. 26(c)." Hong Leong Fin. Ltd. (Singapore) v. Pinnacle Performance Ltd., 297 F.R.D. 69, 72 (S.D.N.Y. 2013) (internal quotation marks omitted). "A court determining whether to grant a stay of discovery pending a motion must look to the particular circumstances and posture of each case," and in evaluating whether to stay discovery pending the disposition of a motion to dismiss, "courts typically consider: (1) whether the [d]efendants ha[ve] made a strong showing that the plaintiff's claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay. Sharma v. Open Door NY Home Care Servs., Inc., 345 F.R.D. 565, 568 (E.D.N.Y. 2024) (internal quotation marks omitted). After weighing these factors, the Court concludes that good cause exists to stay discovery in this case. Particularly important to the Court's conclusion is that Defendant Sean Combs is awaiting a criminal trial in this District, and his unavailability would significantly complicate fact discovery. Without purporting to pass on the merits of the pending motion to dismiss, the corporate defendants have challenged whether Plaintiff has stated a claim for their liability and disposition of that question in the first instance would avoid any prejudice from subjecting those defendants to discovery in the interim. As Plaintiff has joined the motion to stay discovery, the Court sees no resulting prejudice to him. Accordingly, discovery in this matter is stayed pursuant to Federal Rule of Civil Procedure 26(c) pending the Court's ruling on Defendants' motion to dismiss. The parties' April 4, 2025 deadline to submit a case management plan is adjourned sine die. The Clerk of Court is respectfully directed to close Docket Number 44. SO ORDERED. (Signed by Judge John P. Cronan on 4/2/2025) (jca) (Entered: 04/02/2025) | View PDF |
| Apr 4, 2025 | 49 | FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint, against All Defendants with JURY DEMAND.Document filed by John Doe. Related document: 1 Complaint,. (Attachments: # 1 Exhibit Redline).(Curis, Antigone) Modified on 4/7/2025 (pc). (Entered: 04/04/2025) | View PDF Exhibit Redline).(Curis, Antigone) Modified on 4/7/2025 (pc). (Entered: 04/04/2025 |
| Apr 7, 2025 | 50 | FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint, against Bad Boy Records LLC, CE OPCO, LLC, Sean Combs, Daddy's House Recordings Inc., John Doe, Individual Does 1-10, Organizational Does 1-10 with JURY DEMAND.Document filed by Dexter Withers. Related document: 1 Complaint,. (Attachments: # 1 Exhibit Redline).(Curis, Antigone) Modified on 4/8/2025 (pc). (Entered: 04/07/2025) | View PDF |
| Apr 8, 2025 | 51 | FIRST AMENDED COMPLAINT amending 1 Complaint, against Bad Boy Books Holdings, Inc., Bad Boy Entertainment Holdings, Inc., Bad Boy Entertainment LLC, Bad Boy Productions Holdings, Inc., Bad Boy Productions LLC, CE OPCO, LLC, Sean Combs, Daddy's House Recordings Inc., Individual Does 1-10, Organizational Does 1-10 with JURY DEMAND.Document filed by Dexter Withers. Related document: 1 Complaint,. (Attachments: # 1 Exhibit Redline Amended Complaint).(Curis, Antigone) (Entered: 04/08/2025) | View PDF |
| Apr 9, 2025 | 52 | MOTION for David C. Fortney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30907682. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dexter Withers. (Attachments: # 1 Affidavit of David C. Fortney, # 2 Exhibit Certificate of Good Standing-TX, # 3 Exhibit Certificate of Good Standing-CA, # 4 Exhibit Certificate of Good Standing-TX, # 5 Proposed Order ).(Fortney, David) (Entered: 04/09/2025) | No document |
| Apr 11, 2025 | 53 | ORDER FOR ADMISSION PRO HAC VICE granting 52 MOTION for David C. Fortney to Appear Pro Hac Vice. The motion of David C. Fortney for admission to practice pro hac vice in the above-captioned action is granted. The Clerk of Court is respectfully directed to update the caption in this matter in accordance with the Amended Complaint filed at Docket Number 51 and to close Docket Number 52. (Signed by Judge John P. Cronan on 4/11/2025) (jca) (Entered: 04/11/2025) | No document |
| Apr 30, 2025 | 54 | FIRST MEMORANDUM OF LAW in Opposition re: 45 MOTION to Dismiss the Complaint. . Document filed by Dexter Withers..(Curis, Antigone) (Entered: 04/30/2025) | View PDF |
| May 23, 2025 | 55 | REPLY MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss the Complaint. . Document filed by Bad Boy Books Holdings, Inc., Bad Boy Entertainment Holdings, Inc., Bad Boy Entertainment LLC, Bad Boy Productions Holdings, Inc., Bad Boy Productions LLC, CE OPCO, LLC, Sean Combs, Daddy's House Recordings Inc...(Cuccaro, Mark) (Entered: 05/23/2025) | View PDF |
| Oct 27, 2025 | 56 | LETTER addressed to Judge John P. Cronan from Mark Cuccaro dated October 27, 2025 re: Notice of Supplemental Authority. Document filed by Bad Boy Books Holdings, Inc., Bad Boy Entertainment Holdings, Inc., Bad Boy Entertainment LLC, Bad Boy Productions Holdings, Inc., Bad Boy Productions LLC, CE OPCO, LLC, Sean Combs, Daddy's House Recordings Inc.. (Attachments: # 1 Exhibit A - Oct. 22, 2025 Decision in Shante Kelly v. Combs (24-CV-8024)).(Cuccaro, Mark) (Entered: 10/27/2025) | View PDF |
| Mar 30, 2026 | 57 | OPINION AND ORDER re: 45 MOTION to Dismiss the Complaint. filed by Bad Boy Entertainment LLC, Bad Boy Productions Holdings, Inc., CE OPCO, LLC, Daddy's House Recordings Inc., Bad Boy Books Holdings, Inc., Bad Boy Prod uctions LLC, Sean Combs, Bad Boy Entertainment Holdings, Inc.. For the foregoing reasons, Defendants' motion is granted and the Amended Complaint is dismissed without prejudice. Because it may be possible for Plaintiff to address the pleadi ng deficiencies discussed above through additional factual allegations, the Court will allow Plaintiff to amend his pleading once again. Accordingly, within fourteen days of this Opinion and Order, Plaintiff may file a second amended complaint if he believes that pleading additional facts will fix the defects identified herein. The Clerk of Court is respectfully directed to close Docket Number 45. SO ORDERED. (Signed by Judge John P. Cronan on 3/30/2026) (jca) | View PDF |
| Apr 13, 2026 | 58 | Notice of Interlocutory Appeal (Document #58, filed 04/13/2026) | No document |
| Jan 13, 2025 | 17.1 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 17 Proposed Order was reviewed and approved as to form. (tp) | No document |
| Jan 15, 2025 | 19.1 | Set/Reset Deadlines: Responses due by 3/4/2025 (jca) | No document |
| Feb 27, 2025 | 31.1 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 31 Notice of Voluntary Dismissal, was reviewed and referred to Judge John P. Cronan for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (nd) | No document |
| Mar 10, 2025 | 37.1 | Set/Reset Deadlines: Responses due by 3/11/2025 (jca) | No document |
| Mar 12, 2025 | 39.1 | Set/Reset Deadlines: Motions due by 4/1/2025. Responses due by 4/30/2025 Replies due by 5/24/2025. (jca) | No document |
| Apr 7, 2025 | 50.1 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Antigone Curis to RE-FILE re: Document No. 49 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the All Defendant radio button was selected; the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) | No document |
| Apr 8, 2025 | 51.1 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Antigone Curis to RE-FILE Document No. 50 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) | No document |
| Apr 10, 2025 | 52.1 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 52 MOTION for David C. Fortney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30907682. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) | No document |
| Nov 21, 2024 | 7.1 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) | No document |
| Nov 21, 2024 | 7.2 | ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Antigone Curis. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1391; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) | No document |
| Nov 21, 2024 | 7.3 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 7 Proposed Order was reviewed and approved as to form. (nd) | No document |
| Nov 21, 2024 | 7.4 | Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) | No document |
| Nov 21, 2024 | 7.5 | Case Designated ECF. (jgo) | No document |
Attorneys
Christopher J. Leavitt
The Buzbee Law Firm
Plaintiff
Ryan S. Pigg
The Buzbee Law Firm
Plaintiff
David C. Fortney
The Buzbee Law Firm
Plaintiff
Thomas Colby Holler
The Buzbee Law Firm
Plaintiff
Lionel Sims III
The Buzbee Law Firm
Plaintiff
Crystal Del Toro
The Buzbee Law Firm
Plaintiff
Andrew Van Arsdale
AVA Law Group
Plaintiff
Antigone Curis
Curis Law, PLLC
Plaintiff
Erica A. Wolff
Sher Tremonte
Civil Defense