Oct 24, 2026

Tucker and Doe v. Combs: Judge Oetken Grants Sher Tremonte’s Withdrawal in Two Cases; Judge Buchwald Orders Combs to Show Cause in Two More

S.D.N.Y. · Nos. 1:24-cv-07772, 1:24-cv-07774, 1:24-cv-07776, 1:24-cv-08812 · Orders of Oct. 22 and 23, 2026

In the matter of Tucker v. Combs, No. 1:24-cv-07772, and Doe v. Combs, Nos. 1:24-cv-07774, 1:24-cv-07776 and 1:24-cv-08812 (S.D.N.Y.), two judges have acted on Sher Tremonte LLP’s requests to withdraw as counsel for Sean “Diddy” Combs, and they did it differently. On Oct. 22, 2026, United States District Judge J. Paul Oetken granted the firm’s motions in Nos. 1:24-cv-07772 and 1:24-cv-07774. On Oct. 23, United States District Judge Naomi Reice Buchwald did not rule. In Nos. 1:24-cv-07776 and 1:24-cv-08812 she ordered the defendants to show cause by Nov. 23, 2026 why the firm should not be allowed to withdraw and found to hold a retaining lien. (Nos. 1:24-cv-07772, ECF No. 84; 1:24-cv-07774, ECF No. 86; 1:24-cv-07776, ECF No. 77; 1:24-cv-08812, ECF No. 47.)

Background

Four men sued Combs in October and November 2024, each under the New York City Victims of Gender-Motivated Violence Protection Act. Their allegations are unproven. Three are captioned Doe; the court’s order in No. 1:24-cv-07772 uses the name Tucker.

No. 1:24-cv-07772: a Georgia man alleges he was sexually assaulted by several men at a New York City party in or around October 2021, after one drink left him disoriented, and recalls seeing Combs during the assault. (ECF No. 1 ¶¶ 23, 36–45.)
No. 1:24-cv-07774: an Ohio man alleges that in or around May 2008, in a Manhattan department-store stockroom, Combs and bodyguards physically assaulted him and Combs sexually assaulted him. (ECF No. 1 ¶¶ 24, 38–48.)
No. 1:24-cv-07776: a New Jersey man alleges that in August 2006, while working a security job at Combs’s East Hampton property, he was sexually assaulted by Combs. (ECF No. 1 ¶¶ 23, 35–44.)
No. 1:24-cv-08812: a Texas man alleges that in October 2001, at a Manhattan hotel, after a drink at a casting meeting, he lost consciousness and was sexually assaulted. (ECF No. 1 ¶¶ 23, 36–40.)

Related: Jones, Doe and Sapp.

Judge Oetken’s Orders

The firm moved on Sept. 23 in No. 1:24-cv-07772 (ECF No. 79) and on Oct. 7 in No. 1:24-cv-07774 (ECF No. 83). Counsel moved “citing nonpayment of legal fees and a breakdown of communication with Combs,” and “[n]either Plaintiff nor Combs has filed any opposition. Finding good cause for counsel’s withdrawal, the Court hereby GRANTS the motion.” (No. 1:24-cv-07772, ECF No. 84 at 1.) They require:

New counsel or a pro se letter. “Within four weeks of the date of this order, Combs shall have new counsel appear or file a letter stating that he will appear pro se (that is, representing himself), with contact information.”
Service on Combs. Within seven days, the firm must serve the order on Combs “by emailing a copy to Combs’s power of attorney and by USPS Priority Mail to Defendant’s current facility mailing address.”
Counsel terminated. The clerk is to terminate four Sher Tremonte lawyers as counsel.

No. 1:24-cv-07774 adds a requirement for seven Combs companies, which the order calls the “Entity Defendants.” They “must be represented by attorneys to appear in this matter because they are corporate entities,” and the order warns that “[f]ailure to appear through counsel may result in the entry of default judgment against the Entity Defendants.” (No. 1:24-cv-07774, ECF No. 86 at 2.) Neither order mentions a retaining lien, an amount owed or successor counsel.

Judge Buchwald’s Orders to Show Cause

Judge Buchwald acted on motions the firm filed Oct. 7 in No. 1:24-cv-07776 (ECF Nos. 74–75) and Oct. 15 in No. 1:24-cv-08812 (ECF Nos. 44–45). Her orders are identical. After reciting service on the defendants by email to the holder of Combs’s power of attorney and by USPS Priority Mail Express to Combs at FCI Fort Dix, each states:

“ORDERED that defendants show cause by November 23, 2026, why an order should not be issued pursuant to Local Civil Rule 1.4 … permitting Sher Tremonte LLP to withdraw as counsel of record in this matter; … determining that Sher Tremonte LLP has a retaining lien in the amount of its reasonable unpaid expenditures related to this matter to date.” (No. 1:24-cv-07776, ECF No. 77 at 2.)

A retaining lien is a law firm’s right to hold a client’s files until its fees are paid; another judge granted one in Kelly v. Combs. The caption in No. 1:24-cv-08812 names Bad Boy Records LLC as a defendant; the order’s recital of service does not list it. (ECF No. 47 at 1.)

What Is Next

In Nos. 1:24-cv-07772 and 1:24-cv-07774, new counsel or a pro se letter is due within four weeks of Oct. 22. In the other two, the date is Nov. 23, 2026, and the orders set no hearing. The dockets show no response from any party in those two cases.

Counsel and Sources

Counsel: Antigone Curis, Curis Law, PLLC; the Buzbee Law Firm (Christopher J. Leavitt, Ryan S. Pigg, David C. Fortney, Thomas Colby Holler and Crystal Del Toro); and Andrew Van Arsdale, AVA Law Group, for the plaintiffs. Sher Tremonte LLP (Michael Tremonte, Erica Wolff, Mark Cuccaro and Raphael Friedman) for Combs. Sources: the orders on the dockets for 7772, 7774, 7776 and 8812; allegations from each complaint (ECF No. 1).

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

Related cases

Sourcing

p. 1 — Order (Oetken, J.), Tucker v. Combs et al., Case No. 1:24-cv-07772 (JPO) (S.D.N.Y. Oct. 22, 2026) (ECF No. 84), p. 1 -- "On September 23, 2026, counsel for Defendant Sean Combs moved to withdraw as his counsel, citing nonpayment of legal fees and a breakdown of communication with Combs. Neither Plaintiff nor Combs has filed any opposition. Finding good cause for counsel’s withdrawal, the Court hereby GRANTS the motion."
p. 1 — Order (Oetken, J.), Tucker v. Combs et al., Case No. 1:24-cv-07772 (JPO) (S.D.N.Y. Oct. 22, 2026) (ECF No. 84), p. 1 -- "Within four weeks of the date of this order, Combs shall have new counsel appear or file a letter stating that he will appear pro se (that is, representing himself), with contact information."
p. 2 — Order (Oetken, J.), Tucker v. Combs et al., Case No. 1:24-cv-07772 (JPO) (S.D.N.Y. Oct. 22, 2026) (ECF No. 84), p. 2 -- "Within seven days, Sher Tremonte shall serve this Order upon Defendant Combs by emailing a copy to Combs’s power of attorney and by USPS Priority Mail to Defendant’s current facility mailing address."
p. 2 — Order (Oetken, J.), Tucker v. Combs et al., Case No. 1:24-cv-07772 (JPO) (S.D.N.Y. Oct. 22, 2026) (ECF No. 84), p. 2 -- "The Clerk of Court is directed to close the motion at ECF No. 79 and to terminate Michael Tremonte, Erica Ashley Wolff, Mark Elliot Cuccaro, and Raphael Asher Friedman as counsel."
p. 1 — Order (Oetken, J.), Doe v. Combs et al., Case No. 1:24-cv-07774 (JPO) (S.D.N.Y. Oct. 22, 2026) (ECF No. 86), p. 1 -- "On October 7, 2026, counsel for Defendant Sean Combs moved to withdraw as his counsel, citing nonpayment of legal fees and a breakdown of communication with Combs. (ECF No. 83.) Neither Plaintiff nor Combs has filed any opposition. Finding good cause for counsel’s withdrawal, the Court hereby GRANTS the motion."
p. 1 — Order (Oetken, J.), Doe v. Combs et al., Case No. 1:24-cv-07774 (JPO) (S.D.N.Y. Oct. 22, 2026) (ECF No. 86), p. 1 -- "Within four weeks of the date of this Order, Combs shall have new counsel appear or file a letter stating that he will appear pro se (that is, representing himself) with contact information."
p. 2 — Order (Oetken, J.), Doe v. Combs et al., Case No. 1:24-cv-07774 (JPO) (S.D.N.Y. Oct. 22, 2026) (ECF No. 86), p. 2 -- "Defendants 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 Books Holdings, Inc., Bad Boy Entertainment LLC, Bad Boy Productions LLC, and Bad Boy Productions Holdings, Inc. (collectively, the “Entity Defendants”) must be represented by attorneys to appear in this matter because they are corporate entities."
p. 2 — Order (Oetken, J.), Doe v. Combs et al., Case No. 1:24-cv-07774 (JPO) (S.D.N.Y. Oct. 22, 2026) (ECF No. 86), p. 2 -- "Accordingly, within four weeks of the date of this Order, the Entity Defendants shall have new counsel appear with contact information. Failure to appear through counsel may result in the entry of default judgment against the Entity Defendants."
p. 2 — Order (Oetken, J.), Doe v. Combs et al., Case No. 1:24-cv-07774 (JPO) (S.D.N.Y. Oct. 22, 2026) (ECF No. 86), p. 2 -- "Within seven days, Sher Tremonte shall serve this Order upon Defendant Combs by emailing a copy to Combs’s power of attorney and by USPS Priority Mail to Defendant’s current facility mailing address."
p. 3 — Order (Oetken, J.), Doe v. Combs et al., Case No. 1:24-cv-07774 (JPO) (S.D.N.Y. Oct. 22, 2026) (ECF No. 86), p. 3 -- "The Clerk of Court is directed to close the motion at ECF No. 83 and to terminate Erica Ashley Wolff, Mark Elliot Cuccaro, Michael Tremonte, and Raphael Asher Friedman as counsel."
p. 1 — Order to Show Cause (Buchwald, J.), Doe v. Combs et al., Case No. 1:24-cv-07776 (NRB) (S.D.N.Y. Oct. 23, 2026) (ECF No. 77), p. 1 -- "Upon the motion of Sher Tremonte LLP, ECF No. 74, and the accompanying declaration of Michael Tremonte, ECF No. 75"
p. 1 — Order to Show Cause (Buchwald, J.), Doe v. Combs et al., Case No. 1:24-cv-07776 (NRB) (S.D.N.Y. Oct. 23, 2026) (ECF No. 77), p. 1 -- "by delivering a copy by email to the holder of Mr. Combs’s power of attorney and a copy by USPS Priority Mail Express to Mr. Combs at FCI Fort Dix"
p. 2 — Order to Show Cause (Buchwald, J.), Doe v. Combs et al., Case No. 1:24-cv-07776 (NRB) (S.D.N.Y. Oct. 23, 2026) (ECF No. 77), p. 2 -- "ORDERED that defendants show cause by November 23, 2026, why an order should not be issued pursuant to Local Civil Rule 1.4 of the United States District Courts for the Southern and Eastern Districts of New York: 1) permitting Sher Tremonte LLP to withdraw as counsel of record in this matter; 2) determining that Sher Tremonte LLP has a retaining lien in the amount of its reasonable unpaid expenditures related to this matter to date"
p. 2 — Order to Show Cause (Buchwald, J.), Doe v. Combs et al., Case No. 1:24-cv-07776 (NRB) (S.D.N.Y. Oct. 23, 2026) (ECF No. 77), p. 2 -- "ORDERED that Sher Tremonte LLP forthwith serve a copy of this Order on defendants by [1] electronic mail to the holder of Mr. Combs’s power of attorney and [2] USPS Priority Mail Express to Mr. Combs’s address at FCI Fort Dix, and thereafter file an affirmation of such service with the Court via ECF."
p. 1 — Order to Show Cause (Buchwald, J.), Doe v. Combs et al., Case No. 1:24-cv-08812 (NRB) (S.D.N.Y. Oct. 23, 2026) (ECF No. 47), p. 1 -- "Upon the motion of Sher Tremonte LLP, ECF No. 44, and the accompanying declaration of Michael Tremonte, ECF No. 45"
p. 1 — Order to Show Cause (Buchwald, J.), Doe v. Combs et al., Case No. 1:24-cv-08812 (NRB) (S.D.N.Y. Oct. 23, 2026) (ECF No. 47), p. 1 -- "BAD BOY RECORDS LLC, BAD BOY ENTERTAINMENT LLC, BAD BOY PRODUCTIONS LLC, ORGANIZATIONAL DOES 1-10, AND INDIVIDUAL DOES 1-10, Defendants."
p. 1 — Order to Show Cause (Buchwald, J.), Doe v. Combs et al., Case No. 1:24-cv-08812 (NRB) (S.D.N.Y. Oct. 23, 2026) (ECF No. 47), p. 1 -- "Bad Boy Books Holdings, Inc., Bad Boy Entertainment LLC, and Bad Boy Productions LLC by delivering a copy by email to the holder of Mr. Combs’s power of attorney"
p. 2 — Order to Show Cause (Buchwald, J.), Doe v. Combs et al., Case No. 1:24-cv-08812 (NRB) (S.D.N.Y. Oct. 23, 2026) (ECF No. 47), p. 2 -- "ORDERED that defendants show cause by November 23, 2026, why an order should not be issued pursuant to Local Civil Rule 1.4 of the United States District Courts for the Southern and Eastern Districts of New York: 1) permitting Sher Tremonte LLP to withdraw as counsel of record in this matter; 2) determining that Sher Tremonte LLP has a retaining lien in the amount of its reasonable unpaid expenditures related to this matter to date"
p. 8 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07772 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 8 -- "Plaintiff John Doe is a male who resides in Georgia."
p. 14 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07772 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 14 -- "One party took place in or around October 2021."
p. 14 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07772 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 14 -- "Even though Plaintiff only consumed one alcoholic drink, the effects of the drink were immediate and overwhelming."
p. 15 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07772 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 15 -- "Multiple men began to sexually assault him"
p. 15 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07772 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 15 -- "He distinctly recalls seeing Combs above him"
p. 8 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07774 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 8 -- "Plaintiff John Doe is a male who resides in Ohio"
p. 13 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07774 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 13 -- "In or around May 2008, Plaintiff was in the stockroom at Macy’s flagship store at Herald Square in Manhattan, when Combs and three of his bodyguards entered the stockroom."
p. 14 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07774 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 14 -- "Plaintiff was hit hard around the base of the neck"
p. 15 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07774 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 15 -- "specifically by physically assaulting and then forcibly orally raping Plaintiff"
p. 8 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07776 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 8 -- "Plaintiff John Doe is a male who resides in New Jersey."
p. 14 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07776 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 14 -- "In 2006, Plaintiff was employed by a security firm, MASS Security"
p. 14 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07776 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 14 -- "In August of that year, Plaintiff accepted a last-minute job at Combs’ East Hampton property"
p. 15 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-07776 (S.D.N.Y. filed Oct. 14, 2024) (ECF No. 1), p. 15 -- "Combs sexually assaulted Plaintiff"
p. 8 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-08812 (S.D.N.Y. filed Nov. 19, 2024) (ECF No. 1), p. 8 -- "Plaintiff John Doe is a male who resides in Texas."
p. 14 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-08812 (S.D.N.Y. filed Nov. 19, 2024) (ECF No. 1), p. 14 -- "In October 2001, he traveled to Manhattan to meet with her."
p. 15 — Complaint, Doe v. Combs et al., Case No. 1:24-cv-08812 (S.D.N.Y. filed Nov. 19, 2024) (ECF No. 1), p. 15 -- "Plaintiff did in fact pass out."

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