Kane v. Combs: Combs’s Earlier Counsel Returns and Asks to Extend Response to Motion to Amend

In the matter of Kane v. Combs et al., No. 1:23-cv-10628 (S.D.N.Y.), attorney Jonathan D. Davis of Jonathan D. Davis, P.C. wrote to United States District Judge Jessica G. L. Clarke on Nov. 11, 2026 to say that his firm “will now resume its active representation of Mr. Combs in the action.” The letter asks the court to extend defendant Sean “Diddy” Combs’s time to respond to plaintiff Anna Kane’s motion for leave to file a Second Amended Complaint, from Nov. 4 to Dec. 11, 2026 (ECF No. 120 at 1).

Background

Kane sued Combs, Harve Pierre and an unidentified defendant sued as “The Third Assailant” on Dec. 6, 2023, first under the name Jane Doe. The court denied her motion to proceed anonymously on Feb. 29, 2024 (ECF No. 49) and later directed her to refile the amended complaint under her legal name (ECF No. 73). On Dec. 5, 2024, the court dismissed the cause of action against Daddy’s House Recordings, Inc. and Bad Boy Entertainment Holdings, Inc. (ECF No. 70). Combs answered the amended complaint on Jan. 7, 2025 (ECF No. 82).

On Apr. 14, 2026, the court stayed further discovery “until the issue of preemption, currently on appeal, see Parker v. Alexander, 2026 WL 796168 (2d Cir. Mar. 23, 2026), has been resolved” (ECF No. 103). Preemption is the question whether federal law displaces a state or local claim.

The Withdrawals

Sher Tremonte LLP moved on Oct. 15, 2026 to withdraw as Combs’s counsel (ECF No. 104). Judge Clarke granted the motion on Oct. 27. The order notes that “several attorneys of record for Mr. Combs who are not associated with Sher Tremonte” remained on the docket, naming Jonathan David Davis (ECF No. 20), Bobbi C. Sternheim (ECF No. 33), Shawn Holley (ECF No. 37) and Colin Steele (ECF No. 68). It states that if they “seek to withdraw from this action, they must do so by motion under Local Civil Rule 1.4,” the rule that governs withdrawal of counsel (ECF No. 112). The court granted Sternheim’s motion on Oct. 30 (ECF No. 115) and Holley’s on Nov. 2 (ECF No. 118).

The Letter

Davis writes that his firm “was formerly active” in the case for Combs and the two corporate defendants. In 2024, he writes, Sher Tremonte “assumed full responsibility for the defense of the Combs Defendants and my firm became inactive, but never withdrew as counsel of record” (ECF No. 120 at 1). He notes that the court recently granted the withdrawals at ECF Nos. 112, 115 and 118, and says his colleagues Adam R. Rahman and David C. Russell “will promptly file their notices of appearance” (ECF No. 120 at 1). Rahman’s notice of appearance was filed the same day. The form lists Combs, Daddy’s House Recording Studio, Inc. and Bad Boy Entertainment Holdings, Inc. as the parties for whom he appears (ECF No. 119).

The letter identifies the motion at issue as the one Kane filed on Oct. 21, 2026 for leave to file a Second Amended Complaint, which it says would, “among other things, add the corporate defendants back to the case” (ECF No. 120 at 1; see ECF Nos. 108–111). Davis asks for more time “so that my firm can review it and determine whether opposition is warranted” (ECF No. 120 at 1). He gives these reasons:

I have been away from this case for more than two years and my team and I need a reasonable amount of time to refamiliarize ourselves with the facts and issues and giving consideration to the upcoming holiday. (ECF No. 120 at 1.)

He adds that because the case is at an early stage and discovery is stayed, “the requested extension will not prejudice any party or affect any current deadlines.” He states that this is Combs’s first request to extend the deadline and that no conference or other appearance is scheduled (ECF No. 120 at 1).

Plaintiff’s Position

Davis writes that he spoke on Nov. 10 with Kane’s counsel, Meredith Firetog. “Although Ms. Firetog would not consent to the extension, she authorized me to inform the Court that Plaintiff does not oppose the request” (ECF No. 120 at 1). The docket shows no separate filing by Kane on the request.

What’s Next

The docket shows no order on the extension request and no ruling on the motion for leave to amend (ECF No. 108). The Nov. 4 response date the letter cites had passed before the letter was filed. The docket shows no deadline set in the case for any other purpose, and the discovery stay in ECF No. 103 remains in place.

Counsel and Sources

Counsel: Douglas H. Wigdor, Michael J. Willemin and Meredith A. Firetog, Wigdor LLP, for Plaintiff Anna Kane. Jonathan D. Davis and Adam R. Rahman, Jonathan D. Davis, P.C., for Defendant Sean Combs. Scott E. Leemon, Law Offices of Scott E. Leemon, PC, and Jonathan T. Savella, Law Office of Jonathan Savella, for Defendant Harve Pierre. Sources: ECF Nos. 119 and 120, on the No. 1:23-cv-10628 docket.

Diddy Docket reports on public court records. Parties are presumed innocent or not liable unless proven otherwise. This is not legal advice.