Overview
In an Order yesterday, Judge Torres took issue with the “relentless” filings of counsel for Sean Carter (known professionally as Jay-Z) in a case accusing Mr. Carter and Sean Combs of abusing the plaintiff, a minor at the time of the alleged incident.
Mr. Carter was added to the case in an amendment on December 9, and his lawyer filed letters on December 9, December 10, and December 13, followed by an emergency motion on December 18, all of which argued that the case was meritless and attacked counsel for the plaintiff (who, for his part, responded with a letter on December 20).
Judge Torres was not amused by the “litany” of filings by Mr. Carter’s counsel and suggested that they were a disservice to Mr. Carter:
Since Carter’s attorney first appeared in this case seventeen days ago, he has submitted a litany of letters and motions attempting to impugn the character of Plaintiff’s lawyer, many of them expounding on the purported “urgency” of this case.
Carter’s lawyer’s relentless filing of combative motions containing inflammatory language and ad hominem attacks is inappropriate, a waste of judicial resources, and a tactic unlikely to benefit his client. The Court will not fast-track the judicial process merely because counsel demands it.
Moreover, although Carter’s attorney assails Plaintiff’s lawyer as having a “chronic inability to follow the rules,” Carter’s counsel has failed to abide by this Court’s clear rules. Under the Court’s Individual Practices in Civil Cases, and with limited exceptions, “[a] pre-motion letter is required prior to the filing of any motion.”
Although Carter’s attorney stated that he “intend[ed] to file immediately a motion to strike the first amended complaint under [Rule 12(f)],” he did not give Plaintiff the requisite five business days to respond, wait for the Court to set a motion schedule, or state whether any exception to the Court’s Individual Practices applied. This is unacceptable.
