Case #1:03-cv-04905 · U.S. District Court, S.D.N.Y.
Kirk Burrowes v. Sean Combs a/k/a "Puff Daddy", "Puffy", "P Diddy", "Sean John", Kenneth Meiselas, and Bad Boy, Inc.
Open
Sean Combs
Kenneth Meiselas
Bad Boy, Inc.
Parties
Kirk Burrowes Plaintiff
Sean Combs
Kenneth Meiselas
Bad Boy, Inc.
Factual Allegations
Disclaimer: allegations as pled by the plaintiff, summarized by Grok.
Four RICO counts plus state tort claims arising out of Burrowes's ouster as president of Bad Boy Entertainment. Complaint filed June 30, 2003; dismissed by Judge Rakoff on limitations grounds in March 2004; affirmed by the Second Circuit in March 2005.
Disposition
Dismissal, affirmed on appeal — March 22, 2004
Dismissed by the district court 22 March 2004, 312 F. Supp. 2d 449 (S.D.N.Y. 2004); affirmed by the Second Circuit, 124 F. App'x 70 (2d Cir. 2005).
Docket
| Date | No. | Description | |
|---|---|---|---|
| Jun 30, 2003 | 1 | COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 477857. (jjm) (Entered: 07/01/2003) | No document |
| Jul 1, 2003 | 2 | AFFIDAVIT OF SERVICE of summons, complaint and verification as to Sean Combs by D. Cacho on 7/1/03 . Answer due on 7/21/03 for Sean Combs . (yv) (Entered: 07/02/2003) | No document |
| Jul 1, 2003 | 3 | AFFIDAVIT OF SERVICE of summons, complaint and verification as to Kenneth Meiselas by Don P. on 7/1/03 . Answer due on 7/21/03 for Kenneth Meiselas . (yv) (Entered: 07/02/2003) | No document |
| Jul 1, 2003 | 4 | AFFIDAVIT OF SERVICE of summons, complaint and verification as to Bad Boy, Inc. by D. Cacho on 7/1/03 . Answer due on 7/21/03 for Bad Boy, Inc. . (yv) (Entered: 07/02/2003) | No document |
| Jul 14, 2003 | 5 | AFFIDAVIT OF SERVICE of summons and compliant as to Sean Combs by "John Smith" and U.S. Postal Service on 7/8/03 . Answer due on 7/28/03 for Sean Combs . (dle) (Entered: 07/15/2003) | No document |
| Jul 14, 2003 | 6 | AFFIDAVIT OF SERVICE of summons and complaint as to Kenneth Meiselas by Danielle Clark on 7/10/03 . Answer due on 7/30/03 for Kenneth Meiselas . (dle) (Entered: 07/15/2003) | No document |
| Jul 21, 2003 | 7 | Case Management Plan: The case is to be tried to a jury. Joinder of additional parties must be accomplished by 8/15/03. All depositions must be completed by 12/8/03. All discovery is to be completed by 12/8/03. For post-discovery summary judgment motions, moving papers are served by 12/22/03, answering papers by 1/13/04, and reply papers by 1/20/04. A final pre-trial conference, as well as oral argument on any post-discovery summary judgment motions, shall be held on 1/27/04 at 4:00 p.m. Other deadlines set forth on this civil case management plan. ( signed by Judge Jed S. Rakoff ) (sb) (Entered: 07/22/2003) | No document |
| Jul 18, 2003 | 8 | Memorandum to Docket Clerk:, An initial PTC was held in this case. Contested issue: no . (ac) (Entered: 07/22/2003) | No document |
| Jul 22, 2003 | 9 | AFFIDAVIT OF SERVICE of summons and complaint as to Bad Boy, Inc. by Debra Wood on 6/30/03 . Answer due on 7/21/03 for Bad Boy, Inc. (jco) (Entered: 07/25/2003) | No document |
| Jul 14, 2003 | 10 | Memorandum to Docket Clerk: A telephone conference was held (jw) (Entered: 07/29/2003) | No document |
| Sep 17, 2003 | 11 | Memorandum to Docket Clerk: that a telephone conference was held on 9/17/03 before Judge Rakoff . (pl) (Entered: 09/26/2003) | No document |
| Sep 3, 2003 | 12 | NOTICE OF MOTION (FILED ON SERVICE DATE) by Sean Combs, Kenneth Meiselas, Bad Boy, Inc. for an order pursuant to Rules 12(b)(6) and 9(b) of the FRCP, dismissing the complaint for failure to state federal RICO claims and as further set forth in this motion . Declaration of Jonathan D. Davis in support attached. Return Date not indicated. (moc) (Entered: 09/30/2003) | No document |
| Sep 29, 2003 | 13 | MEMORANDUM OF LAW by Sean Combs, Kenneth Meiselas, Bad Boy, Inc. in support of [12-1] motion for an order pursuant to Rules 12(b)(6) and 9(b) of the FRCP, dismissing the complaint for failure to state federal RICO claims and as further set forth in this motion . (moc) (Entered: 09/30/2003) | No document |
| Sep 29, 2003 | 14 | DECLARATION of Kirk Burrowes by Kirk Burrowes in opposition Re: [12-1] motion for an order pursuant to Rules 12(b)(6) and 9(b) of the FRCP, dismissing the complaint for failure to state federal RICO claims and as further set forth in this motion . (moc) (Entered: 09/30/2003) | No document |
| Sep 29, 2003 | 15 | REPLY MEMORANDUM by Sean Combs, Kenneth Meiselas, Bad Boy, Inc. in support re: [12-1] motion for an order pursuant to Rules 12(b)(6) and 9(b) of the FRCP, dismissing the complaint for failure to state federal RICO claims and as further set forth in this motion . (moc) (Entered: 09/30/2003) | No document |
| Oct 29, 2003 | 16 | Modified Civil Case Management Plan: All discovery to be completed by 2/27/03; summary judgment moving papers, if any, to be served by the movant no later than 3/15/04; answering papers by 4/5/04 and reply by 4/15/03. A final pre-trial conference, as well as oral argument on any post discovery summary judgment motion shall be held on 4/22/03 at 4:30 p.m. ( signed by Judge Jed S. Rakoff ); (kw) (Entered: 10/31/2003) | No document |
| Nov 13, 2003 | 17 | SUPPLEMENATL MEMORANDUM OF LAW by Sean Combs, Kenneth Meiselas, Bad Boy, Inc. to Deny Plaintiff Leave to Amend the Complaint. (djc) (Entered: 11/18/2003) | No document |
| Nov 13, 2003 | 18 | MEMORANDUM OF LAW by Kirk Burrowes re: [17-1] memorandum . (djc) (Entered: 11/18/2003) | No document |
| Nov 20, 2003 | 19 | ORDER; granting [12-1] motion for an order pursuant to Rules 12(b)(6) and 9(b) of the FRCP, dismissing the complaint for failure to state federal RICO claims and as further set forth in this motion. The Court will issue a written opinion giving its reasons for dismissal in due course, at which time final judgment will be entered. ( signed by Judge Jed S. Rakoff ); (pl) (Entered: 11/21/2003) | No document |
| Nov 18, 2003 | 20 | Memorandum to Docket Clerk: Oral argument held before Judge Jed S. Rakoff re: [12-1] motion for an order pursuant to Rules 12(b)(6) and 9(b) of the FRCP, dismissing the complaint for failure to state federal RICO claims and as further set forth in this motion. The Court granted the defendant's motion. The Court will issue an order with its ruling. (kw) (Entered: 11/22/2003) | No document |
| Dec 15, 2003 | 21 | TRANSCRIPT of proceedings held on October 3, 2003, 4:15 p.m. before Judge Jed S. Rakoff.(dt, ) (Entered: 12/15/2003) | No document |
| Jan 12, 2004 | 22 | TRANSCRIPT of proceedings held on 11/18/03 before Judge Jed S. Rakoff.(jf, ) (Entered: 01/12/2004) | No document |
| Feb 17, 2004 | 23 | NOTICE of Change of Address by John Peter Bostany on behalf of Kirk Burrowes. New Address: The Bostany Law Firm, 40 Wall Street, New York, New York, USA 10005, (212) 504 5620. (Bostany, John) (Entered: 02/17/2004) | No document |
| Mar 12, 2004 | 24 | MEMORANDUM ORDER; For the reasons set forth in this Order, all of pltff's federal claims are dismissed with prejudice. As to the state law claims, the Court declines to exercise supplemental jurisdiction as to them, and accordingly, all of pltff's state law claims are dismissed without prejudice. Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 3/11/04) (sn) (Entered: 03/18/2004) | No document |
| Mar 22, 2004 | 25 | CLERK'S JUDGMENT dismissing plaintiff's federal claims with prejudice and dismissing plaintiff's state law claims without prejudice. (Signed by J. Michael McMahon, clerk on 3/19/04) (ml, ) (Entered: 03/22/2004) | No document |
| Oct 8, 2003 | 27 | ORDER...For the reasons stated from the bench, see October 3, 2003 transcript, the Court hereby grants defendant Kenneth Meiselas' motion for summary judgment with respect to any claim made for which Meiselas was acting in his capacity as an attorney for Mary J. Blige, and in all other respects, denies the motion. (Signed by Judge Jed S. Rakoff on 10/7/03) (rag, ) (Entered: 03/23/2004) | No document |
| Apr 9, 2004 | 28 | NOTICE OF APPEAL from 24 Order,, 25 Clerk's Judgment. Document filed by Kirk Burrowes. Filing fee $ 255.00, receipt number E505484. Copies of Notice of Appeal mailed to Attorney(s) of Record: Jonathan D. Davis, Esq., Brafman & Ross, P.C. and Wilson, Elser, Moskowitz, Edelamn & Dicker, LLP. (dt, ) (Entered: 04/09/2004) | No document |
| Apr 30, 2004 | 29 | Acknowledgment of receipt of docketing letter. Document filed by Kirk Burrowes. (dle, ) (Entered: 04/30/2004) | No document |
| Jul 8, 2004 | 30 | Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 28 Notice of Appeal, filed by Kirk Burrowes USCA Case Number 04-1850-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: 07/08/2004) | No document |
| Sep 15, 2004 | 31 | ORDER of USCA (Certified Copy) USCA Case Number 04-2050-cv(L); 04-2424-cv(XAP); 04-3716-cv(L). It is Ordered that the motion for extension is Granted. Appellant's brief and appendix are due no later than 9/21/04; Appellee's brief is due no later than 10/1/04; The appeal may be heard as early as the week of 12/6/04. It is Further Ordered that the motion for consolidation of appeal nos. 04-2050, 04-2424, and 04-3716 for purposes of appeal is Granted. Roseann B. MacKechnie, Clerk USCA. Certified: 9/13/04. (tp, ) (Entered: 09/15/2004) | No document |
| Apr 12, 2005 | 32 | MANDATE of USCA (Certified Copy) as to 28 Notice of Appeal, filed by Kirk Burrowes, USCA Case Number 04-1850-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 4/7/05. (tp, ) (Entered: 04/13/2005) | No document |