Liza Gardner v. Sean Combs et al
- Status
- Removed Voluntary Discontinuance, June 14, 2024
- Last filing
- Jun 14, 2024No. 39 · DECISION + ORDER ON MOTION (Motion #001)
- Judge
- Justice Richard G. Latin
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.
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.
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.
| Date | Type | Description |
|---|---|---|
| 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) |
| 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 |