Case #1:25-cv-01618 · U.S. District Court, S.D.N.Y.
Kirk Burrowes v. Janice Smalls
Open
Janice Smalls
Parties
Kirk Burrowes Plaintiff
Janice Smalls Sean Combs's mother.
Factual Allegations
Disclaimer: allegations as pled by the plaintiff, summarized by Grok.
Six counts against Combs's mother — fraudulent concealment, fraud, unjust enrichment, deceptive business practices, conversion and civil conspiracy — theorizing that she took the benefit of a 1996 asset transfer and concealed her knowledge of it for decades. Diversity action, 28 U.S.C. § 1332; nature of suit 370 (Other Fraud). Not a suit against Sean Combs himself.
Docket
| Date | No. | Description | |
|---|---|---|---|
| Feb 26, 2025 | 1 | COMPLAINT against ABC Company 1, ABC Corporations 1-10, James Doe 1, John and Jane Does 1-10, Lawyer Doe 1, Janice Smalls (aka Janice Combs). (Filing Fee $ 405.00, Receipt Number ANYSDC-30676833)Document filed by Kirk Burrowes..(Blackburn, Tyrone) (Entered: 02/26/2025) | View PDF |
| Feb 26, 2025 | 2 | CIVIL COVER SHEET filed..(Blackburn, Tyrone) (Entered: 02/26/2025) | No document |
| May 18, 2025 | 3 | REQUEST FOR ISSUANCE OF SUMMONS as to Janice Smalls, re: 1 Complaint,. Document filed by Kirk Burrowes..(Blackburn, Tyrone) (Entered: 05/18/2025) | No document |
| May 19, 2025 | 4 | ELECTRONIC SUMMONS ISSUED as to Janice Smalls (aka Janice Combs)..(jgo) (Entered: 05/19/2025) | No document |
| May 27, 2025 | 5 | FIRST LETTER MOTION for Extension of Time to perfect service on defendant addressed to Judge Jennifer H. Rearden from Tyrone A. Blackburn, Esq. dated 5/26/2025. Document filed by Kirk Burrowes..(Blackburn, Tyrone) (Entered: 05/27/2025) | No document |
| May 29, 2025 | 6 | ORDER granting 5 Letter Motion for Extension of Time. Application GRANTED. Plaintiff's deadline to serve Defendant Janice Smalls is extended nunc pro tunc to July 26, 2025. The Clerk of Court is directed to terminate ECF No. 5. SO ORDERED. Service due by 7/26/2025. (Signed by Judge Jennifer H. Rearden on 5/29/2025) (jca) (Entered: 05/29/2025) | No document |
| May 29, 2025 | 7 | ORDER : Accordingly, it is hereby ORDERED that, on or before June 6, 2025, Plaintiff shall show cause in writing why this action should not be dismissed for lack of subject matter jurisdiction. Plaintiffs submission shall include an affidavit attesting to any facts relevant to the diversity analysis, including the citizenship of all parties at the time of commencement of this action. If, by June 6, 2025, Plaintiff fails to establish the requisite citizenship of the parties, then the Court may dismiss the case for lack of subject matter jurisdiction without further notice. SO ORDERED. Show Cause Response due by 6/6/2025. (Signed by Judge Jennifer H. Rearden on 5/29/2025) (jca) (Entered: 05/29/2025) | No document |
| Jun 6, 2025 | 8 | FIRST LETTER MOTION to Seal Proof of Domicile addressed to Judge Jennifer H. Rearden from Tyrone Blackburn, Esq. dated 6/6/2025. Document filed by Kirk Burrowes. (Attachments: # 1 Affidavit Plaintiff's Redacted Affidavit, # 2 Affidavit Tyrone Blackburn Affidavit Redacted).(Blackburn, Tyrone) (Entered: 06/06/2025) | No document |
| Jun 17, 2025 | 9 | WAIVER OF SERVICE RETURNED EXECUTED. Janice Smalls (aka Janice Combs) waiver sent on 6/17/2025, answer due 8/18/2025. Document filed by Kirk Burrowes..(Blackburn, Tyrone) (Entered: 06/17/2025) | No document |
| Jun 23, 2025 | 10 | NOTICE OF APPEARANCE by David Charles Russell on behalf of Janice Smalls (aka Janice Combs)..(Russell, David) (Entered: 06/23/2025) | No document |
| Jun 23, 2025 | 11 | NOTICE OF APPEARANCE by Jonathan David Davis on behalf of Janice Smalls (aka Janice Combs)..(Davis, Jonathan) (Entered: 06/23/2025) | No document |
| Aug 8, 2025 | 12 | MOTION to Dismiss . Document filed by Janice Smalls (aka Janice Combs)..(Davis, Jonathan) (Entered: 08/08/2025) | No document |
| Aug 8, 2025 | 13 | MEMORANDUM OF LAW in Support re: 12 MOTION to Dismiss . . Document filed by Janice Smalls (aka Janice Combs)..(Davis, Jonathan) (Entered: 08/08/2025) | No document |
| Aug 8, 2025 | 14 | DECLARATION of Janice Smalls in Support re: 12 MOTION to Dismiss .. Document filed by Janice Smalls (aka Janice Combs)..(Davis, Jonathan) (Entered: 08/08/2025) | No document |
| Aug 8, 2025 | 15 | DECLARATION of Jonathan D. Davis in Support re: 12 MOTION to Dismiss .. Document filed by Janice Smalls (aka Janice Combs). (Attachments: # 1 Exhibit A - Federal Complaint, # 2 Exhibit B - State Court Complaint, # 3 Exhibit C - Tax Return Excerpts, # 4 Exhibit D - Tax Return Excerpts, # 5 Exhibit E - Tax Return Excerpts).(Davis, Jonathan) (Entered: 08/08/2025) | No document |
| Aug 8, 2025 | 16 | LETTER addressed to Judge Jennifer H. Rearden from Jonathan D. Davis dated August 8, 2025 re: Summary of ECF 12 (Motion to Dismiss). Document filed by Janice Smalls (aka Janice Combs)..(Davis, Jonathan) (Entered: 08/08/2025) | No document |
| Aug 12, 2025 | 17 | ORDER with respect to 12 Motion to Dismiss. It is hereby ORDERED that Plaintiff shall file any amended complaint by August 29, 2025. In accordance with Rule 1.D of the Court's Individual Rules and Practices in Civil Cases, any amended complaint should be filed with a redline showing all differences between the original and revised filing. Plaintiff will not be given any further opportunity to amend the Complaint to address issues raised by the motion to dismiss absent good cause. If Plaintiff amends, then the Court will deny the previously filed motion to dismiss as moot. By three weeks after the amended complaint is filed, Defendant shall file an answer or a new motion to dismiss. If Defendant files a new motion to dismiss, any opposition shall be filed within 14 days. Any reply shall be filed within seven days of any opposition. If no amended complaint is filed, then Plaintiff shall file any opposition to the motion to dismiss by August 29, 2025. Defendant's reply, if any, shall be filed by September 5, 2025. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 8/12/2025) (jjc) (Entered: 08/12/2025) | View PDF |
| Nov 3, 2025 | 18 | LETTER addressed to Judge Jennifer H. Rearden from Jonathan D. Davis dated November 3, 2025 re: Defendant Janice Smalls's Pending Motion to Dismiss. Document filed by Janice Smalls (aka Janice Combs)..(Russell, David) (Entered: 11/03/2025) | No document |
| Nov 6, 2025 | 19 | FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint, against ABC Company 1, ABC Corporations 1-10, James Doe 1, John and Jane Does 1-10, Lawyer Doe 1, Janice Smalls (aka Janice Combs) with JURY DEMAND.Document filed by Kirk Burrowes. Related document: 1 Complaint,..(Blackburn, Tyrone) Modified on 11/7/2025 (pc). (Entered: 11/06/2025) | No document |
| Nov 6, 2025 | 20 | LETTER RESPONSE to Motion addressed to Judge Jennifer H. Rearden from Tyrone A. Blackburn, Esq. dated 11/6/25 re: 12 MOTION to Dismiss . Letter in opposition to Defendants letter dates 11/3/2025. Plaintiff has filed a First Amended Complaint that directly addresses every issue raised in Defendant's Motion to Dismiss. Document filed by Kirk Burrowes..(Blackburn, Tyrone) (Entered: 11/06/2025) | View PDF |
| Nov 7, 2025 | 21 | FIRST AMENDED COMPLAINT amending 19 Amended Complaint, against ABC Corporations 1-10, John and Jane Does 1-10, Janice Smalls (aka Janice Combs) with JURY DEMAND.Document filed by Kirk Burrowes. Related document: 19 Amended Complaint,..(Blackburn, Tyrone) (Entered: 11/07/2025) | No document |
| Nov 7, 2025 | 22 | LETTER addressed to Judge Jennifer H. Rearden from Jonathan D. Davis dated November 7, 2025 re: November 6, 2025 Letter to the Court from Tyrone A. Blackburn. Document filed by Janice Smalls (aka Janice Combs). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Russell, David) (Entered: 11/07/2025) | No document |
| Nov 10, 2025 | 23 | FIRST LETTER addressed to Judge Jennifer H. Rearden from Tyrone Blackburn, Esq. dated 11/9/2025 re: response to Defendant's November 7, 2025, letter (ECF No. 22). Document filed by Kirk Burrowes. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Blackburn, Tyrone) (Entered: 11/10/2025) | View PDF |
| Nov 10, 2025 | 24 | LETTER addressed to Judge Jennifer H. Rearden from Jonathan D. Davis dated November 10, 2025 re: November 9, 2025 Letter to the Court from Tyrone A. Blackburn. Document filed by Janice Smalls (aka Janice Combs)..(Russell, David) (Entered: 11/10/2025) | No document |
| Nov 12, 2025 | 25 | ORDER denying without prejudice to renewal 8 Letter Motion to Seal. Application DENIED without prejudice to renewal. Pursuant to Rule 9.C of this Court's Individual Rules and Practices in Civil Cases, "[a]ny party seeking to file a do cument... in redacted form shall... file under seal on ECF (with the appropriate level of restriction)... an unredacted copy of the document with the... redactions highlighted." Rule 9.C. The Clerk of Court is directed to terminate ECF No. 8. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 11/12/2025) (jca) | View PDF |
| Jul 13, 2026 | 26 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. Motions referred to Robert W. Lehrburger. (Signed by Judge Jennifer H. Rearden on 7/13/2026) (jca) (Entered: 07/13/2026) | View PDF |
| Jul 16, 2026 | 27 | ORDER: This case has been referred to me for general pretrial purposes. Pending before the Court is Defendant's request to strike Plaintiff's belatedly filed Amended Complaint. (Dkt. 18; see also Dkts. 20, 22, 23, 24.) The Court agrees with Defendant that Plaintiff did not adhere to either the Court's orders or local rules for filing of an Amended Complaint. That said, the Court invited an Amended Complaint (albeit by a date certain with which Plaintiff failed to comply), a nd considering Federal Rule of Civil Procedure 15(a) as well as concerns for avoiding potentially duplicative motion practice (i.e., a new motion for leave, followed by a motion to dismiss if leave allowed), the Court accepts the First Amended Com plaint. By July 23, 2026, Defendant shall file a letter indicating whether Defendant intends to answer, stand on its existing motion to dismiss, or file a new motion to dismiss. If Defendant opts to file a new motion to dismiss, Defendant shall do s o by August 17, 2028; Plaintiff shall respond by September 16, 2026; and Defendant shall reply by September 30, 2026. If Defendant opts to stand on its pending motion to dismiss, Plaintiff shall file any opposition by July 30, 2026; and Defendant sha ll reply by August 13, 2026. Plaintiff is on notice that failure to comply with any future Court deadlines or other rules or orders may result in sanctions, including dismissal of the case. SO ORDERED. Copies transmitted this date to all counsel of record. (Motions due by 8/17/2026., Replies due by 9/30/2026., Responses due by 9/16/2026.) (Signed by Magistrate Judge Robert W. Lehrburger on 7/16/2026) (mml) | View PDF |
| Jul 23, 2026 | 28 | LETTER addressed to Magistrate Judge Robert W. Lehrburger from Jonathan D. Davis dated July 23, 2026 re: Intent to File New Motion to Dismiss. Document filed by Janice Smalls (aka Janice Combs)..(Russell, David) (Entered: 07/23/2026) | No document |
| Jul 23, 2026 | 29 | MEMO ENDORSEMENT on re: 28 Letter filed by Janice Smalls (aka Janice Combs) ENDORSEMENT: So ordered. The Court appreciates counsel's recognition that the "August 17, 2028" date referenced in the order at Dkt. 27 was meant to be and is "August 17, 2026." SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/23/2026) (mml) (Entered: 07/23/2026) | No document |
| Aug 10, 2026 | 30 | LETTER MOTION for Extension of Time to Respond to First Amended Complaint addressed to Magistrate Judge Robert W. Lehrburger from Jonathan D. Davis dated August 10, 2026. Document filed by Janice Smalls (aka Janice Combs)..(Russell, David) (Entered: 08/10/2026) | No document |
| Aug 11, 2026 | 31 | ORDER granting 30 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/11/2026) (mml) (Entered: 08/11/2026) | No document |
| Aug 30, 2026 | 32 | NOTICE OF APPEARANCE by Adam Roland Rahman on behalf of Janice Smalls (aka Janice Combs)..(Rahman, Adam) (Entered: 08/30/2026) | No document |
| Aug 31, 2026 | 33 | LETTER addressed to Judge Jennifer H. Rearden from Jonathan D. Davis dated August 31, 2026 re: Defendant's Motion to Dismiss the First Amended Complaint. Document filed by Janice Smalls (aka Janice Combs)..(Rahman, Adam) (Entered: 08/31/2026) | No document |
| Aug 31, 2026 | 34 | MOTION to Dismiss the First Amended Complaint. Document filed by Janice Smalls (aka Janice Combs)..(Rahman, Adam) (Entered: 08/31/2026) | No document |
| Aug 31, 2026 | 35 | DECLARATION of Jonathan D. Davis in Support re: 34 MOTION to Dismiss the First Amended Complaint.. Document filed by Janice Smalls (aka Janice Combs). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E).(Rahman, Adam) (Entered: 08/31/2026) | No document |
| Aug 31, 2026 | 36 | DECLARATION of Janice Smalls in Support re: 34 MOTION to Dismiss the First Amended Complaint.. Document filed by Janice Smalls (aka Janice Combs)..(Rahman, Adam) (Entered: 08/31/2026) | No document |
| Aug 31, 2026 | 37 | MEMORANDUM OF LAW in Support re: 34 MOTION to Dismiss the First Amended Complaint. . Document filed by Janice Smalls (aka Janice Combs)..(Rahman, Adam) (Entered: 08/31/2026) | No document |
| Sep 15, 2026 | 38 | Order on Motion to Dismiss | View PDF |