Case #952368/2023 · Supreme Court of the State of New York, County of New York

Liza Gardner v. Sean Combs et al

Filed November 23, 2023
Status
Removed Voluntary Discontinuance, June 14, 2024
Last filing
Jun 14, 2024No. 39 · DECISION + ORDER ON MOTION (Motion #001)
Judge
Justice Richard G. Latin
Contains Sexual Assault · Rape · Violence · Emotional Distress
Parties
Plaintiff
Liza Gardner Alleges violations of the federal Trafficking Victims Protection Act and state law.
Defendants
Sean Combs A U.S. citizen, resident of New York State during the events, a prominent figure in the music industry.
Aaron Hall A U.S. citizen, resident of New York State during the events, known for sexual promiscuity and alleged minor-involved incidents.
MCA Inc. A global music company headquartered in University City, California, licensed as a foreign business in New York State.
MCA Music Entertainment Group A global music company headquartered in University City, California, licensed as a foreign business in New York State.
Geffen Records A global music company headquartered in University City, California, licensed as a foreign business in New York State.
Universal Music Group N.V. A global Music Company headquartered at 2220 Colorado Avenue in Santa Monica, California is licensed by the New York State as a foreign business.
Factual Allegations
Disclaimer: allegations as pled by the plaintiff, summarized with the help of AI.

In 1990, Liza Gardner, a resident of North Carolina, traveled to New York City with a friend, invited by members of a chart-topping recording group signed to MCA Records, whom she knew from her home state. At an MCA Records event in NYC, she met Sean Combs and Aaron Hall, who were flirtatious and provided her and her friend with drinks throughout the night. Later, Combs and Hall invited them to Hall’s apartment for an afterparty, where Gardner was coerced into having sex with Combs. After Combs finished, Hall barged in, pinned her down, and raped her as she tried to dress, leaving her shocked and traumatized. Her friend was similarly assaulted by both men in another room, with Combs and Hall allegedly switching victims. Days later, Combs visited their residence, assaulting and choking Gardner until she passed out, fearing her friend would expose the incident. Gardner has since sought medical treatment for the resulting trauma.

Prayer for Relief

Declaratory judgment that Defendants violated New York laws; compensatory damages for monetary/economic losses (past and future income, wages, benefits) and non-monetary damages (mental anguish, humiliation, emotional distress); punitive damages; prejudgment interest; attorneys’ fees, costs, and expert witness fees; and other just relief.

Causes of Action
FIRST CAUSE OF ACTION Battery
SECOND CAUSE OF ACTION Assault/Sexual Assault
THIRD CAUSE OF ACTION Negligent Infliction of Emotional Distress
Disposition
Voluntary Discontinuance — June 14, 2024

Plaintiff's cross motion for voluntary discontinuance is granted, and the matter is discontinued without prejudice to be brought in New Jersey. Defendant UMG Recordings, Inc.'s motion to dismiss is denied.

Court Dates
DateTypeDescription
May 2, 2024 Other Motion to dismiss (Mot. Seq. 1); submissions only, no appearance; adjourned
May 24, 2024 Other Motion to dismiss (Mot. Seq. 1); submissions only, no appearance; fully submitted (NYSCEF Doc. 19)
Docket
Date No. Description
Nov 23, 2023 1 SUMMONS + COMPLAINT (Corrected) View PDF
Mar 12, 2024 2 COMPLAINT (AMENDED) View PDF
Mar 22, 2024 3 AFFIRMATION/AFFIDAVIT OF SERVICE — Affidavit of Service, Sean Combs View PDF
Mar 22, 2024 4 AFFIRMATION/AFFIDAVIT OF SERVICE — Affidavit of Service, Universal Music Group N.V. c/o MCA Inc.; MCA Music Entertainment Group; and GEF... View PDF
Mar 22, 2024 5 AFFIRMATION/AFFIDAVIT OF SERVICE — Affidavit of Service, Aaron Hall View PDF
Apr 11, 2024 6 NOTICE OF MOTION (Motion #001) View PDF
Apr 11, 2024 7 MEMORANDUM OF LAW IN SUPPORT (Motion #001) View PDF
Apr 11, 2024 8 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #001) View PDF
Apr 11, 2024 9 EXHIBIT(S) - A (Motion #001) — First Amended Complaint View PDF
Apr 11, 2024 10 EXHIBIT(S) - B (Motion #001) — Affidavit of Service View PDF
Apr 11, 2024 11 EXHIBIT(S) - C (Motion #001) — SDNY Opinion View PDF
Apr 11, 2024 12 EXHIBIT(S) - D (Motion #001) — Affirmation of Carla M. Miller View PDF
Apr 11, 2024 13 RJI - RE: NOTICE OF MOTION (Motion #001) View PDF
Apr 26, 2024 14 ADJOURNMENT OF MOTION - REQUEST - IN SUBMISSIONS PART - RM 130 (Motion #001) View PDF
Apr 26, 2024 15 EXHIBIT(S) - A (Motion #001) — Attachment View PDF
Apr 26, 2024 16 AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #001) View PDF
Apr 29, 2024 17 ADJOURNMENT OF MOTION - OPPOSITION TO REQUEST - IN SUBMISSIONS PART - RM 130 (Motion #001) View PDF
May 4, 2024 18 LETTER / CORRESPONDENCE TO JUDGE — Plaintiff will voluntarily discontinue her case in this Court without prejudice under CPLR 3217... View PDF
May 6, 2024 19 BRIEFING SCHEDULE (Motion #001) — Per Referee View PDF
May 6, 2024 20 LETTER / CORRESPONDENCE TO JUDGE — UMGR Response to Discontinuance Letter View PDF
May 6, 2024 21 EXHIBIT(S) - A — Email correspondence between counsel View PDF
May 6, 2024 22 EXHIBIT(S) - B — April 29 letter to motion support View PDF
May 7, 2024 23 LETTER / CORRESPONDENCE TO JUDGE View PDF
May 7, 2024 24 EXHIBIT(S) - A — P.L.2019, c.120 (C.2A:14-2a et al.) View PDF
May 8, 2024 25 LETTER / CORRESPONDENCE TO JUDGE View PDF
May 15, 2024 26 NOTICE OF CROSS-MOTION (Motion #001) View PDF
May 15, 2024 27 AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #001) View PDF
May 15, 2024 28 EXHIBIT(S) - A (Motion #001) — First Filed Complaint View PDF
May 15, 2024 29 EXHIBIT(S) - B (Motion #001) — Second Filed Complaint View PDF
May 15, 2024 30 EXHIBIT(S) - C (Motion #001) — Motion To Dismiss View PDF
May 15, 2024 31 EXHIBIT(S) - D (Motion #001) — Declaration of Monica Case View PDF
May 22, 2024 32 AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION AND IN FURTHER SUPPORT OF MOTION (Motion #001) View PDF
May 22, 2024 33 EXHIBIT(S) - E (Motion #001) — copy of email correspondence between UMGR's counsel and Mr. Blackburn View PDF
May 22, 2024 34 EXHIBIT(S) - F (Motion #001) — copy of the Order filed in Clovey v. NYU Langone Hosps View PDF
May 22, 2024 35 EXHIBIT(S) - G (Motion #001) — copy of the Declaration of Tyrone A. Blackburn View PDF
May 22, 2024 36 MEMORANDUM OF LAW IN OPPOSITION TO CROSS-MOTION AND IN FURTHER SUPPORT OF MOTION (Motion #001) View PDF
May 24, 2024 37 MEMORANDUM OF LAW IN SUPPORT (Motion #001) View PDF
May 28, 2024 38 LETTER / CORRESPONDENCE TO JUDGE View PDF
Jun 14, 2024 39 DECISION + ORDER ON MOTION (Motion #001) View PDF
Attorneys
Tyrone A. Blackburn
T. A. Blackburn Law, PLLC
for Liza Gardner
appeared November 23, 2023 Plaintiff
Lisa Arylyn Linsky
McDermott Will & Schulte LLP
for MCA Inc., MCA Music Entertainment Group, Geffen Records, Universal Music Group N.V.
appeared April 11, 2024 Civil Defense
Edward Baron Diskant
McDermott Will & Schulte LLP
for Universal Music Group N.V., Geffen Records, MCA Music Entertainment Group, MCA Inc.
appeared April 11, 2024 co-counsel Civil Defense
Max Joseph Kellogg
McDermott Will & Schulte LLP
for MCA Inc., MCA Music Entertainment Group, Geffen Records, Universal Music Group N.V.
appeared April 11, 2024 co-counsel Civil Defense
Elizabeth Andrea Rodd
McDermott Will & Schulte LLP
for MCA Inc., MCA Music Entertainment Group, Geffen Records, Universal Music Group N.V.
appeared April 11, 2024 co-counsel Civil Defense