Judge denies Trump request to delay deposition in E. Jean Carroll rape defamation case

Kaplan said in Wednesday’s ruling that Trump has not shown a required “strong likelihood of success” in that appellate process to warrant further delays in Carroll’s lawsuit, which has been pending since 2019. The judge said that further delaying the case would “cause substantial injury” to Carroll.

“As the Court noted in an earlier opinion in the case, ‘defendant’s litigation tactics have had a dilatory effect, and, indeed, strongly suggest that he is acting out of a strong desire to delay any opportunity plaintiff may have to present her case against him,” Kaplan said.

The ruling comes as Carroll prepares to sue Trump in New York state court under a new law, the Adult Survivors Act, that lifted the statute of limitations of claims of rape and sexual abuse in the state.

Carroll could use Trump’s deposition in the federal case in the planned state litigation, as Kaplan noted in his ruling Wednesday.

“The question whether Mr. Trump in fact raped Ms. Carroll is central to this case,” Kaplan wrote. “But it will be central also to the new case that almost certainly will be filed on November 24, 2022 or soon thereafter.”

“Accordingly, discovery and evidence relating to whether or not the alleged rape occurred is relevant to both cases,” said Kaplan.

Discovery refers to the exchange of evidence and taking of depositions, or testimony under oath, before a case is presented to a jury at trial.

“Mr. Trump has pointed to no discovery or other proceedings that would occur in this case absent a stay that would not be relevant also to the imminent new case,” the judge wrote.

Carroll’s lawyer Roberta Kaplan, who is not related to the judge, said in a statement, “We are pleased that Judge Kaplan agreed with our position not to stay discovery in this case.

“We look forward to filing our case under the Adult Survivors Act and moving forward to trial with all dispatch,” she said.

Trump’s attorney, Alina Habba, said in a statement, “We look forward to establishing on the record that this case is, and always has been, entirely without merit.”

Article source: https://www.cnbc.com/2022/10/12/judge-denies-trump-request-to-delay-e-jean-carroll-rape-defamation-case.html