Mike Tyson Court Docket

U.S.
District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:98-cv-01628-GBD-DFE
Tyson v. King, et al Date Filed: 03/05/1998

Assigned to: Judge George B. Daniels Date Terminated: 12/08/2004
Referred to: Magistrate Judge Douglas F. Eaton Jury Demand: Plaintiff
Demand: $0 Nature of Suit: 370 Other Fraud
Cause: 28:1332fr Diversity-Fraud Jurisdiction: Diversity
Plaintiff
Mike Tyson represented by Jerry D. Bernstein
Blank Rome LLP
405 Lexington Avenue
New York, NY 10174
212 885 5398
Fax: 917 332 3766
Email: jbernstein@blankrome.com
LEAD ATTORNEY
Lawrence I. Weinstein
Proskauer Rose LLP (NYC)
11 Times Square
New York, NY 10036
(212)-969-3240
Fax: (212)-969-2900
Email: lweinstein@proskauer.com
LEAD ATTORNEY
Richard S. Crone
Robin, Schepp, Yuhas, Doman &
Harris
1133 Avenue of the Americas
27th floor
New York, NY 10036-6710
212-869-8620
LEAD ATTORNEY
V.
Defendant
Don King represented by Peter Emmett Fleming , Jr
an individual Curtis, Mallet-Prevost, Colt & Mosle,
LLP(NYC)
101 Park Avenue
New York, NY 10178
212-696-6008
Fax: 212-697-1559
Email: pfleming@cm-p.com
LEAD ATTORNEY
Defendant
Don King Productions, Inc. represented by Peter Emmett Fleming , Jr
a New York Corporation (See above for address)
LEAD ATTORNEY
Defendant
DKP Corporation represented by Peter Emmett Fleming , Jr
a Delaware Corporation (See above for address)
LEAD ATTORNEY
Defendant
Kingvision Pay Per View LTD. represented by Peter Emmett Fleming , Jr
a Delaware Corporation (See above for address)
LEAD ATTORNEY
Counter Claimant
(See above for address)
LEAD ATTORNEY
Counter Claimant
LEAD ATTORNEY
Counter Claimant
LEAD ATTORNEY
Counter Claimant
LEAD ATTORNEY
V.
Counter Defendant
LEAD ATTORNEY
Jerry D. Bernstein
Counter Claimant
LEAD ATTORNEY
Counter Claimant
LEAD ATTORNEY
Counter Claimant
LEAD ATTORNEY
Counter Claimant
LEAD ATTORNEY
V.
Counter Defendant
LEAD ATTORNEY
Jerry D. Bernstein
Date Filed # Docket Text

03/05/1998 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C.
636(c); FILING FEE $ 150.00 RECEIPT # 310008 (pl) (Entered:
03/06/1998)
03/05/1998 2 Rule 9 certificate filed by Mike Tyson (pl) (Entered: 03/06/1998)
03/05/1998 Magistrate Judge Eaton is so Designated. (pl) (Entered: 03/06/1998)
04/08/1998 4 NOTICE OF MOTION by Mike Tyson for Dale Kinsella, Alan Kossoff,
and Bruce Bolkin to appear pro hac vice , No Return date; Declaration in
support attached. (djc) (Entered: 04/13/1998)
04/10/1998 3 STIPULATION and ORDER, extending defts' time to respond to the
complaint w/o prejudice to defts seeking further adjournment of the time
to repond to the complaint and w/o prejudice to pltff objecting to any
such further adjournment ; reset answer due for 4/28/98 for Kingvision,
for DKP Corporation, for Don King Productions, for Don King (signed
by Judge Lawrence M. McKenna). (kg) (Entered: 04/13/1998)
04/15/1998 Memo endorsed on motion to admit counsel pro hac vice; granting [4-1]
motion for Dale Kinsella, Alan Kossoff, and Bruce Bolkin to appear pro
hac vice; ( signed by Judge Lawrence M. McKenna ); copies mailed; on
4/15/98, forwarded orig. doc. to Attny. Admissions Clerk (ls) (Entered:
04/15/1998)
05/05/1998 5 STIPULATION and ORDER, reset answer due for 5/19/98 for
Kingvision, for DKP Corporation, for Don King Productions, for Don
King (signed by Judge Lawrence M. McKenna) (djc) (Entered:
05/06/1998)
05/21/1998 6 STIPULATION and ORDER, regarding procedures that will govern the
handling of Confidential Information ( signed by Judge Lawrence M.
McKenna ). (cd) (Entered: 05/22/1998)
07/27/1998 7 Order that case be referred to the Clerk of Court for assignment to a
Magistrate Judge for General Pre-trial/After Initial Case Management
Conference held by District Judge. ( signed by Judge Lawrence M.
McKenna ) Referred to Magistrate Judge Douglas F. Eaton (sac)
(Entered: 07/28/1998)
08/12/1998 8 Filed Memo-Endorsement on letter to Judge McKenna from Jerry D.
Bernstein dated 8/6/98; counsel for pltff writes to the Court regarding a
discovery dispute that has arisen following the conference of 7/23/98.
Dispute must be referred to Magistrate Judge ; ( signed by Judge
Lawrence M. McKenna ) (ls) (Entered: 08/12/1998)
08/24/1998 Pre-trial conference held on 08/24/98. (djc) (Entered: 08/27/1998)
08/25/1998 9 SCHEDULING ORDER: Any motion for leave to amend the pleadings
or to add parties must be served and filed by 09/04/98. In response to
plaintiff's document requests, interrogatories and notices to admit
outstanding as of 08/21/98, the defendants must produce all documents
and serve all answers, objections and privilege logs by 09/10/98. In
response to defendants' document requests, interrogatories and notices to
admit outstanding as of 08/21/98, the plaintiff must produce all
documents and serve all answers, objections and privilege logs by
09/17/98. Mike Tyson will be deposed in NY for up to three full days on
10/20, 21,22 and/or 23, 1998. This is without prejudice to an application
by 10/6/98 to change the place and/or the hours of the deposition. This is
also without prejudice to further deposition of Tyson after the defendants
have moved or answered with respect to the complaint. All of the
defendants must move or answer with respect to the complaint by
11/13/98. Don King will be deposed in NY on 01/19, 20 and 21, 1999,
subject to adjustment by 08/31/98 if he will be unavailable. Charles
Lomax, a non-party, will be deposed in Florida on 1/27, 28 and 29, 1999,
subject to adjustment by 08/31/98 if he will be unavailable. None of
these deadlines will be extended except upon a showing of good cause.
Any request for an extension must be made, by fax and by mail, at least
one week before the deadline in question, and must state the other
parties' position concerning the proposed alternative date. I will not "so
order" any consent adjournment unless it complies with paragraph 8 and
tells me in writing the factual basis for the "good cause." (signed by
Magistrate Judge Douglas F. Eaton); Copies mailed (djc) (Entered:
08/26/1998)
09/17/1998 10 Filed Memo-Endorsement on letter by Jerry D. Bernstein to Mag. Judge
Eaton dated 9/8/98, granting counsel for plaintiff's request that paragraph
6 of the Scheduling Order be brought into conformity with Your Honor's
rulings at the conference of 8/24/98, specifically to state that the Jan. 19-
21 deposition of Mr. King is w/out prejudice to a further deposition
( signed by Magistrate Judge Douglas F. Eaton ) (ae) (Entered:
09/17/1998)
10/08/1998 11 MEMORANDUM AND ORDER, I heard oral arguments on 8/24 and
issued a written order on 8/25, directing plaintiff Tyson to appear for up
to three full days of deposition in New York on 10/20, 21, 22 and/or 23,
w/out prejudice to an application to change the place and/or the hours;
one of Tyson's attorneys, Jerry D. Bernstein, wrote me on 10/6,
requesting that the deposition be adjourned for approximately 30 days; I
decline to give Tyson more time to prepare for his deposition; I direct
Mr. Bernstein to send a copy of this Memorandum and Order to the
Nevada Athletic Commission and to the Maryland Judge, by mail and
also, if possible, by Fax; Mr. Bernstein's letter says that the Commission
has scheduled 10/19 for another hearing on Tyson's re-licensing. But he
does not say that the Commission requires Tyson's presence on 10/20,
21, 22, or 23. I direct Tyson and Mr. Bernstein to keep the defendants'
attorneys informed whether Tyson or Mr. Bernstein learns of any date or
dates when Tyson's presence will be required by the Commission or by
the Maryland judge; the attorneys may agree to charge the dates, hours or
place of the deposition w/out seeking my approval ( signed by Magistrate
Judge Douglas F. Eaton ); Copies mailed (ae) (Entered: 10/08/1998)
10/19/1998 12 MEMORANDUM AND ORDER, regarding the Court's rulings made on
10/16/98 during the telephone conferene after reviewing the parties'
10/14/98 joint letter ( signed by Magistrate Judge Douglas F. Eaton );
Copies mailed (kw) (Entered: 10/21/1998)
10/22/1998 Discovery/Deposition (Video) held on 10/22/98 before Mag. Judge Eaton
(ae) (Entered: 10/23/1998)
11/12/1998 13 Filed Memo-Endorsement on letter to Magistrate Judge Eaton from dated
11/10/98, counsel requests Court intervention regarding the defendants'
schedule of document production. Pursuant to my standing Order for
discovery disputes, the parties must submit a single joint letter. The
defendants should treat Mr. Bernstein's letter as a draft of his portion of
the joint letter. On or before November 18 at noon, they should fax their
responsive portion to plaintiffs (not to me). If they fail to do so, Mr.
Bernstein may re-send his portion to me, as set forth in paragraph 3 of
my standing order ( signed by Magistrate Judge Douglas F. Eaton ) (kw)
(Entered: 11/13/1998)
11/13/1998 14 ANSWER to Complaint and COUNTERCLAIM by Don King, Don
King Productions, DKP Corporation, Kingvision; (Attorney Peter by
attorney Peter E. Fleming Jr. (ls) (Entered: 11/17/1998)
11/13/1998 15 Rule 1.9 certificate filed by Don King, Don King Productions, DKP
Corporation, Kingvision (ls) (Entered: 11/17/1998)
11/25/1998 16 MEMORANDUM AND ORDER, I am responding to the November 23
joint letter from Mr. Bernstein and Mr. Pizzurro. I direct the defendants
to answer the specified interrogatories set forth in this document by
December 7. Defendants shall produce plaintiff's requested documents
by December 29 and comply with request No. 39 by 11/30/98. I direct
the defendants to submit by December 3, an in camera affidavit
explaining the justification for each redaction made on documents which
have been produced through November 30 as set forth in this document.
By December 3, Tyson must serve and file a letter citing authority for his
contention that "fairness" of the agreements and relationships between
Tyson and King is a proper subject for "expert" opinion testimony
( signed by Magistrate Judge Douglas F. Eaton ); Copies mailed (kw)
(Entered: 11/30/1998)
12/01/1998 17 PROTECTIVE ORDER GOVERNING THE PRODUCTION AND
EXCHANGE OF CONFIDENTIAL MATERIAL, regarding procedures
that will govern the handling of "Confidential Information" ( signed by
Magistrate Judge Douglas F. Eaton ); Copies mailed (ae) (Entered:
12/02/1998)
12/03/1998 18 AMENDED ANSWER to Complaint by Don King, Don King
Productions, DKP Corporation, Kingvision : amends [14-1] answer (djc)
(Entered: 12/07/1998)
12/03/1998 18 COUNTERCLAIM by Don King, Don King Productions, DKP
Corporation, Kingvision against Mike Tyson (djc) (Entered: 12/07/1998)
12/04/1998 19 ANSWER by Mike Tyson to [18-1] counter claim; by attorney Jerry D.
Bernstein for counter-defendant Mike Tyson (cd) (Entered: 12/07/1998)
12/21/1998 20 Don King, Don King Productions, Inc., DKP Corp. and King Vision Pay
Per View Ltd. Answer to the Objections of Mike Tyson to Subpoenas
Served on Drs. Shouten, Medoff, Deters, Henderson, Schmahmann and
all other doctors aver as set forth in this document. (kg) (Entered:
12/28/1998)
12/23/1998 21 ANSWER by Mike Tyson to [18-1] counter claim ; by attorney Jerry D.
Bernstein for counter-defendant Mike Tyson (sac) (Entered: 12/30/1998)
01/06/1999 22 MEMORANDUM AND ORDER, the Court deny all defendants'
requests concerning tax returns, including their request for leave to file
motions to compel production from the tax preparers. Regarding the
Court's decision on claims by the defendants of improper conduct by Mr.
Kinsella at the deposition of plaintiff; the scheduling of the deposition of
Don King; and the defendants' request for yet another extension on their
document production ( signed by Magistrate Judge Douglas F. Eaton );
Copies mailed (kw) (Entered: 01/07/1999)
02/03/1999 23 MEMORANDUM & ORDER, I am responding to the 16 page joint
letter from Mr. Bernstein and Mr. Binns dated 1/28. I find that plntf has
failed to show that disclosure of the redacted information is necessary.
As to the items marked "1" and "2," I direct the parties to confer on
methods that could provide verification without revealing the identities
of the customers ( signed by Magistrate Judge Douglas F. Eaton );
Copies mailed (cd) (Entered: 02/04/1999)
05/27/1999 24 ORDER; that John Evans of Arthur Andersen LLP comply with the
notice of deposition dated 2/11/99 issued by Defendants Don King, et al.
and appear and testify, at an agreed time and place, concerning
information obtained in connection with the preparation of tax returns for
Mike Tyson ( signed by Magistrate Judge Douglas F. Eaton ); Copies
mailed (pl) (Entered: 05/27/1999)
06/22/1999 25 ORDER, that plaintiff Mike Tyson shall appear and testify at the offices
of Curtis, Mallet-Prevost, Colt & Mosle, 1801 K Street, N.W., Suite
1205L, Washington D.C. on 7/8/99; defendant Don King shall appear
and testify at the offices of Wachtel & Masyr, LLP, 110 East 59th Street,
NY, NY on and 8/5/99 (signed by Magistrate Judge Douglas F. Eaton);
Copies mailed (ri) Modified on 06/23/1999 (Entered: 06/22/1999)
07/08/1999 26 Filed Memo-Endorsement on letter addressed to Magistrate Judge Eaton
from Bruce I. Bolkin, dated 6/30/99; that on 10/19/98, and 1/4/99, this
Court denied defendants access to plaintiff Tyson's personal tax returns;
the parties respectfully request reconsideraton of that determination and
the entry of an Order granting defendants access to plaintiff Tyson's
federal tax returns for the years 1995, 1996 and 1997; Once again, I have
reconsidered defendants' request for Tyson's tax returns, and I deny the
request . ( signed by Magistrate Judge Douglas F. Eaton ); Copies
mailed. (pl) (Entered: 07/09/1999)
07/08/1999 27 MEMORANDUM & ORDER, with respect to the 8-page joint letter
from Mr. Bolkin and Mr. Pizzurro dated 6/30; various rulings as further
set forth in this document ( signed by Magistrate Judge Douglas F. Eaton
); Copies mailed. (cd) (Entered: 07/09/1999)
10/27/1999 28 AMENDED NOTICE of attorney appearance for Mike Tyson by Jerry
D. Bernstein (sac) (Entered: 10/29/1999)
02/14/2000 29 NOTICE OF MOTION by Mike Tyson; for an order pursuant to Rule 56
of the F.R.C.P. for summary judgment against dft. Don King and Don
King Productions on the ground that the Sixth Claim for Relief in the
Complaint for delcaratory relief ; w/ attch. Local Civil Rule 56.1; Return
date 3/7/00 filed in night deposit on 2/14/00 at 5:40 p.m. (pl) Modified
on 05/09/2002 (Entered: 02/15/2000)
02/14/2000 30 MEMORANDUM OF POINTS AND AUTHORITIES by Mike Tyson
in support of [29-1] motion for an order pursuant to Rule 56 of the
F.R.C.P. for judgment against dft. Don King and Don King Productionsl
on the ground that the Sixth Claim for Relief in the Complaint for
declaratory relief; filed in night deposit on 2/14/00 at 5:40 p.m. (pl)
Modified on 02/15/2000 (Entered: 02/15/2000)
02/14/2000 31 DECLARATION of Alan R. Kossoff by Mike Tyson in support of Re:
[29-1] motion for an order pursuant to Rule 56 of the F.R.C.P. for
summary judgment against dft. Don King and Don King Productionsl on
the ground that the Sixth Claim for Relief in the Complaint for
delcaratory relief; filed in night deposit on 2/14/00 at 5:40 p.m. (pl)
03/09/2000 32 STIPULATION and ORDER; Return date reset to Return date reset to
5/10/00 [29-1] motion for an order pursuant to Rule 56 of the F.R.C.P.
for summary judgment against dft. Don King and Don King Productionsl
on the ground that the Sixth Claim for Relief in the Complaint for
delcaratory relief ; dfts response to motion reset to 4/10/00 [29-1] motion
for an order pursuant to Rule 56 of the F.R.C.P. for summary judgment
against dft. Don King and Don King Productionsl on the ground that the
Sixth Claim for Relief in the Complaint for delcaratory relief ; Plaintiffs
reply to response to motion reset to 4/26/00 [29-1] motion for an order
pursuant to Rule 56 of the F.R.C.P. for summary judgment against dft.
Don King and Don King Productionsl on the ground that the Sixth Claim
for Relief in the Complaint for delcaratory relief . ( signed by Judge
Lawrence M. McKenna ) (pl) (Entered: 03/10/2000)
04/10/2000 33 MEMORANDUM OF LAW by Don King, Don King Productions, DKP
Corporation in opposition to [29-1] motion for an order pursuant to Rule
56 of the F.R.C.P. for summary judgment against dft. Don King and Don
King Productionsl on the ground that the Sixth Claim for Relief in the
Complaint for delcaratory relief. (ri) (Entered: 04/11/2000)
04/10/2000 34 RESPONSE by Don King, Don King Productions, DKP Corporation to
plaintiff's Local Rule 56.1 Statement of Undisputed Facts. (ri) (Entered:
04/11/2000)
04/10/2000 35 AFFIDAVIT of Joseph D. Pizzurro by Don King, Don King Productions,
DKP Corporation in opposition Re: [29-1] motion for an order pursuant
to Rule 56 of the F.R.C.P. for summary judgment against dft. Don King
and Don King Productionsl on the ground that the Sixth Claim for Relief
in the Complaint for delcaratory relief . (ri) (Entered: 04/11/2000)
04/10/2000 37 RULE 56.1 STATEMENT filed by Kingvision (ri) (Entered: 04/11/2000)
04/10/2000 38 AFFIDAVIT of James J. Binns by Don King, Don King Productions,
DKP Corporation in support Re: [36-1] opposition memorandum . (ri)
(Entered: 04/11/2000)
04/10/2000 36 MEMORANDUM OF POINTS and AUTHORITIES by Kingvision in
opposition to [29-1] motion for an order pursuant to Rule 56 of the
F.R.C.P. for summary judgment against dft. Don King and Don King
Productionsl on the ground that the Sixth Claim for Relief in the
Complaint for delcaratory relief (ri) (Entered: 04/11/2000)
04/11/2000 39 SUPPLEMENTAL AFFIDAVIT of Joseph Pizzurro by Don King in
opposition Re: [29-1] motion for an order pursuant to Rule 56 of the
Productionsl on the ground that the Sixth Claim for Relief in the
Complaint for delcaratory relief . (cd) (Entered: 04/12/2000)
04/12/2000 40 MEMORANDUM and ORDER, that on 4/10/00 and 4/11/00, I
telephoned Mr. Binns and then Mr. Kinsella's secretary. I advised them
that I will be moving my chambers to a different floor of the courthouse,
and I asked whether either side wants me to continue to keep the
documents produced to chambers for inspection. They replied that both
sides are willing to have me discard these documents. I will discard them
unless someone faxes an objection to me by 4/13/00 . (signed by
Magistrate Judge Douglas F. Eaton); Copies mailed. (ri) (Entered:
04/12/2000)
04/13/2000 41 MEMORANDUM OF LAW by Don King Productions, DKP
Corporation in opposition to [29-1] motion for an order pursuant to Rule
Complaint for delcaratory relief (pl) (Entered: 04/14/2000)
04/17/2000 42 SECOND STIPULATION and ORDER; defendants response to motion
reset to 4/17/00 [29-1] motion for an order pursuant to Rule 56 of the
Productions on the ground that the Sixth Claim for Relief in the
Complaint for delcaratory relief;. Service shall be effected by overnight
carrier ; plaintiffs reply to response to motion reset to 5/3/00 [29-1]
motion for an order pursuant to Rule 56 of the F.R.C.P. for summary
judgment against dft. Don King and Don King Productions on the ground
that the Sixth Claim for Relief in the Complaint for delcaratory relief .
( signed by Judge Lawrence M. McKenna ) (pl) Modified on 04/18/2000
(Entered: 04/18/2000)
04/21/2000 43 Notice of reassignment to Judge George B. Daniels. Copy of notice and
judge's rules mailed to Attorney(s) of record: Jerry D. Bernstein. (sac)
(Entered: 04/26/2000)
04/27/2000 44 STIPULATION and ORDER, Plaintiff's reply to response to motion
reset to 5/24/00 [29-1] motion for an order pursuant to Rule 56 of the
Productions on the ground that the Sixth Claim for Relief in the
Complaint for delcaratory relief ; Return date reset to 6/7/00 [29-1]
judgment against dft. Don King and Don King Productionsl on the
ground that the Sixth Claim for Relief in the Complaint for delcaratory
relief . ( signed by Judge George B. Daniels ) (ri) Modified on
05/01/2000 (Entered: 04/28/2000)
05/24/2000 45 Memo-Endorsement on letter addressed to Judge Daniels from Jerry D.
Bernstein, dated 5/22/00, plaintiff's reply to the three responses to the
motion reset to 7/14/00 for [29-1] motion for an order pursuant to Rule
Complaint for delcaratory relief , Return date reset to 7/28/00 for [29-1]
relief . (signed by Judge George B. Daniels); Copies mailed. (ri)
(Entered: 05/24/2000)
07/10/2000 46 Memo-Endorsement on letter addressed to Judge Daniels from Jerry D.
Bernstein, dated 6/28/00; granting plaintiff's application to file, if
necessary, up to a 20 page reply brief . ( signed by Judge George B.
Daniels ); Copies mailed. (ri) (Entered: 07/10/2000)
07/14/2000 47 NOTICE OF MOTION by Mike Tyson for an order striking
unauthorized Kingvision Opposition and Binn's Affidavit with 96
Exhibits and for an order striking certain portions of the Affidavit and
Supplemental Affidavit of Joseph D. Pizzurro, counsel for Defendant
Don King and the respective Exhibits attached thereto ; Return date
8/14/00. (djc) (Entered: 07/17/2000)
07/14/2000 48 MEMORANDUM of Points and Authorities in Reply to Defendants'
Opposition to Motion for Summary Judgment on Sixth Claim for
Declaratory Relief ( Fed. R. cIv. P. 56). Oral Argument Requested (djc)
(Entered: 07/17/2000)
07/14/2000 49 Supplemental DECLARATION of Alan R. Kossoff by Mike Tyson and
Exhibits in Support of Plaintiff's Reply to Defendants' Opposition to
Motion for Summary Judgment on SIxth Claim for Declaratory Relief
(FRCP 56). (djc) (Entered: 07/17/2000)
08/14/2000 Oral argument held before Judge George B. Daniels re: pltff's [29-1]
judgment against dft. Don King and Don King Productions on the ground
that the Sixth Claim for Relief in the Complaint for delcaratory relief;
Judge's decision reserved. (lam) (Entered: 08/17/2000)
09/01/2000 50 SUPPLEMENTAL AUTHORITIES by Mike Tyson in support of [29-1]
relief. (sac) (Entered: 09/06/2000)
10/04/2000 51 Transcript of record of proceedings before Judge George B. Daniels for
the date(s) of 8/14/00 @10:00am. (lam) (Entered: 10/04/2000)
11/15/2000 52 AMENDED NOTICE of attorney appearance for Mike Tyson Mike
Tyson by Jerry D. Bernstein, Holland & Knight, LLP, 195 Broadway,
New York, NY 10007, (212) 513-3200. (sn) (Entered: 11/16/2000)
12/28/2000 55 DECLARATION of Alan R. Kossoff by Mike Tyson in support Re: [53-
1] motion for an order, purs. to Rule 15(a) of the FRCP, granting pltff
leave to serve and file First Amended Complaint. (sac) (Entered:
01/02/2001)
12/29/2000 53 NOTICE OF MOTION by Mike Tyson for an order, purs. to Rule 15(a)
of the FRCP, granting pltff leave to serve and file First Amended
Complaint ; Return date not indicated. (sac) (Entered: 01/02/2001)
12/29/2000 54 MEMORANDUM OF LAW by Mike Tyson in support of [53-1] motion
for an order, purs. to Rule 15(a) of the FRCP, granting pltff leave to
serve and file First Amended Complaint. (sac) (Entered: 01/02/2001)
01/16/2001 56 Memo-Endorsement on letter addressed to Judge Daniels from Michael
C. Quinn, dated 1/10/01; defendants response to motion reset to 2/6/01
for [53-1] motion for an order, purs. to Rule 15(a) of the FRCP, granting
pltff leave to serve and file First Amended Complaint ; plaintiffs reply to
response to motion reset to 3/2/01 for [53-1] motion for an order, purs. to
Rule 15(a) of the FRCP, granting pltff leave to serve and file First
Amended Complaint . ( signed by Judge George B. Daniels ); Copies
mailed. (pl) (Entered: 01/16/2001)
02/16/2001 57 JOINT MEMORANDUM OF LAW by Don King, Don King
Productions in opposition to [53-1] motion for an order, purs. to Rule
15(a) of the FRCP, granting pltff leave to serve and file First Amended
Complaint. (lf) (Entered: 02/20/2001)
Donofrio, dated 3/1/01; plaintiffs reply to response to motion reset to
3/21/01 for [53-1] motion for an order, purs. to Rule 15(a) of the FRCP,
granting pltff leave to serve and file First Amended Complaint . ( signed
by Judge George B. Daniels ); Copies mailed. (pl) (Entered: 03/02/2001)
Donofrio, dated 3/19/01, Plntf's Reply to Response to Motion reset to
4/4/01 for [53-1] motion for an order, to Rule 15(a) of the FRCP,
granting pltff leave to serve and file First Amended Complaint ( signed
by Judge George B. Daniels ); Copies mailed. (cd) (Entered: 03/27/2001)
04/04/2001 60 SEALED DOCUMENT placed in vault. (da) (Entered: 04/05/2001)
04/09/2001 61 Memo-Endorsement on letter addressed to Judge Daniels from Peter
Fleming Jr., dated 4/6/01. Re: defendant Don King requests permission
to file a sur-reply brief of no more than six pages. Defendant's request to
file a sur-reply brief of no more than six pages is granted . ( signed by
Judge George B. Daniels ); Copies mailed. (kw) (Entered: 04/10/2001)
04/25/2001 62 REPLY MEMORANDUM by Don King, Don King Productions, DKP
Corporation, Kingvision in support of: [53-1] motion for an order, purs.
to Rule 15(a) of the FRCP, granting pltff leave to serve and file First
Amended Complaint (jp) (Entered: 04/26/2001)
05/31/2001 Oral argument held before Judge George B. Daniels on motion for leave
to amend complaint. (kw) (Entered: 06/06/2001)
06/25/2001 63 Memo-Endorsement on letter addressed to Judge Daniels from James J.
Binns, dated 6/18/01; conference on 10/1/01 ; discovery cutoff 12/15/01;
deft's motions by 2/15/02; pltff's opposition by 3/1/02; deft's reply by
3/15/02. Trial by 5/15/01 . ( signed by Judge George B. Daniels ); Copies
mailed. (sn) (Entered: 06/27/2001)
07/06/2001 64 Transcript of record of proceedings before Judge George B. Daniels on
5/31/01. (kw) (Entered: 07/06/2001)
10/11/2001 65 MEMORANDUM AND ORDER; I am responding to the 10/2/01 joint
letter from Mr. Bolkin and Mr. Binns, consisting of 42 single-spaced
pages and 49 exhibits. At page 26, Mr. Binns requests oral argument, but
I find that none is needed ; that for the reasons set forth in this Order on
defendants' request to let them examine plaintiff Tyson's income tax
returns, I find that King's arguments are belated, repetitious, and
unjustified ; at page 41-42, Tyson requests me to order King to pay a
sanction of $8,875.00; I have given thought to this request, and I find that
it might well be appropriate under 28 U.S.C. 1927; I am concerned that
King may be trying to delay the completion of discovery beyond the
12/15/01 deadline set by Judge Daniels; I decline to award any sanction
at this time, but Tyson may renew this request after 12/15/01, when I
would be able to view it in a broader context . ( signed by Magistrate
Judge Douglas F. Eaton ); Copies mailed. (kkc) (Entered: 10/12/2001)
10/23/2001 66 ORDER; responding to another joint letter from Mr. Bolkin and Mr.
Binns, dated September 24 but mailed on 10/17/01. At page 7, Mr. Binns
requests oral argument, but I find that none is needed; at page 13 of the
current joint letter, Tyson asks me to issue a protective order. I direct that
the defendants may not seek any discovery Tyson's post 1/31/98 finances
unless they send me a joint letter on or before 11/5/01 and obtain an
advance ruling from me . ( signed by Magistrate Judge Douglas F.
Eaton ); Copies mailed. (pl) (Entered: 10/25/2001)
11/28/2001 67 NOTICE of attorney appearance for Mike Tyson by Lawrence I.
Weinstein. (kkc) (Entered: 11/30/2001)
12/10/2001 68 SEALED DOCUMENT placed in vault. (wv) (Entered: 12/10/2001)
12/11/2001 69 MODIFIED PROTECTIVE ORDER, regarding procedures that will
govern the production and exchange of Confidential Material . ( signed
by Magistrate Judge Douglas F. Eaton ); Copies mailed. (kw) (Entered:
12/12/2001)
12/13/2001 70 MEMORANDUM AND ORDER, regarding the Court's order pursuant
to Rule 26(b)(2) and Rule 26(c), of the FRCP after the conference on
12/12/01 . ( signed by Magistrate Judge Douglas F. Eaton ); Copies
mailed. (kw) (Entered: 12/17/2001)
01/28/2002 72 NOTICE OF MOTION by Don King; for an Order pursuant to Rule
1.3(c) of the Local Rules of the United States District Courts for the
Southern and Eastern Districts of New York, granting the admission of
James E. McCollum, Jr., a member in good stading of the Bar of the
District of Columbia as an attorney pro hac vice . Return date not
indicated. (jco) (Entered: 01/30/2002)
02/06/2002 73 Memo endorsed on copy of motion; granting [72-1] motion for an Order
pursuant to Rule 1.3(c) of the Local Rules of the United States District
Courts for the Southern and Eastern Districts of New York, granting the
admission of James E. McCollum, Jr., a member in good standing of the
Bar of the District of Columbia as an attorney pro hac vice, Mr.
McCollum should pay the $25 fee to the Cashier . ( signed by Magistrate
Judge Douglas F. Eaton ); Copies mailed. (Forwarded to Attorney
Admissions Clerk) (sn) Modified on 02/11/2002 (Entered: 02/08/2002)
02/14/2002 74 NOTICE OF MOTION by Don King, Don King Productions, DKP
Corporation, Kingvision; for an order pursuant to FRCP 37 and the
inherent supervisory powers of this court dismissing plaintiff's case for
reasons further set forth in said motion . No Return date indicated. (db)
Corporation, Kingvision in support of [74-1] motion for an order
pursuant to FRCP 37and the inherent supervisory powers of this court
dismissing plaintiff's case for reasons further set forth in said motion .
(db) (Entered: 02/15/2002)
02/15/2002 76 NOTICE OF MOTION by Mike Tyson; for an Order pursuant to Rule 56
of the FRCP for partial summary judgment against
defendants/cnterplaintiffs Don King Productions Inc. and Kingvision Pay
Per View Ltd. as to Count I and part of Count II of the counterclaims
alleged in defendants' amended answer and counterclaims . No return
date set. (kkc) (Entered: 02/19/2002)
02/15/2002 77 MEMORANDUM OF LAW by Mike Tyson in support of [76-1] motion
for an Order pursuant to Rule 56 of the FRCP for partial summary
judgment against defendants/cnterplaintiffs Don King Productions Inc.
and Kingvision Pay Per View Ltd. as to Count I and part of Count II of
the counterclaims alleged in defendants' amended answer and
counterclaims. (kkc) (Entered: 02/19/2002)
02/15/2002 78 DECLARATION of Lawrence I. Weinstein by Mike Tyson in support
of: [76-1] motion for an Order pursuant to Rule 56 of the FRCP for
partial summary judgment against defendants/cnterplaintiffs Don King
Productions Inc. and Kingvision Pay Per View Ltd. as to Count I and part
of Count II of the counterclaims alleged in defendants' amended answer
and counterclaims. (kkc) (Entered: 02/19/2002)
02/15/2002 79 RULE 56.1 STATEMENT filed by Mike Tyson. (kkc) (Entered:
02/19/2002)
C. Quinn, dated 2/20/02, Deft's Response to motion reset to 4/2/02 for
[76-1] motion for an Order pursuant to Rule 56 of the FRCP for partial
summary judgment against defendants/cnterplaintiffs Don King
of Count II of the counterclaims alleged in defendants' amended answer
and counterclaims ; Plntf's Reply to Response to Motion reset to 4/19/02
for [76-1] motion for an Order pursuant to Rule 56 of the FRCP for
of II of the counterclaims alleged in defendants' amended answer and
counterclaims ( signed by Judge George B. Daniels ); Copies mailed.
(cd) (Entered: 02/27/2002)
C. Quinn, dated 02/20/02; counsel is granted permisison for leave to file
a brief of no more than 50 pages in connection with defendants' motion
for summary judgment ; ( signed by Judge George B. Daniels ); Copies
mailed. (djc) (Entered: 02/27/2002)
03/01/2002 84 Memo-Endorsement on letter addressed to Judge Daniels from Alan
Kossoff, dated 2/27/02; granting counsel's request to the following brief
schedule on defendants' [74-1] motion for sanctions: plaintiff's
opposition is due on 4/2/02 ; defendants' reply is due on 4/19/02 .
( signed by Judge George B. Daniels ); Copies mailed. (kkc) (Entered:
03/01/2002)
03/05/2002 85 NOTICE of change of address of counsel filed by Kingvision; new
address for James J. Binne, PC 300 Walnut Street Philadelphia, PA
19106 telephone # (215) 922-4000, facsimile # (215) 923-9936. . (bai)
(Entered: 03/07/2002)
04/02/2002 86 RESPONSE by Don King, Don King Productions, DKP Corporation,
Kingvision Re: [79-1] settlement notice (sac) (Entered: 04/04/2002)
Corporation, Kingvision in opposition to [76-1] motion for an Order
pursuant to Rule 56 of the FRCP for partial summary judgment against
defendants/cnterplaintiffs Don King Productions Inc. and Kingvision Pay
Per View Ltd. as to Count I and part of Count II of the counterclaims
alleged in defendants' amended answer and counterclaims. (sac)
(Entered: 04/04/2002)
04/19/2002 88 REPLY MEMORANDUM OF LAW by Mike Tyson in further support
of: [76-1] motion for an Order pursuant to Rule 56 of the FRCP for
of Count II of the counterclaims alleged defendants' amended answer and
counterclaims. (kkc) (Entered: 04/23/2002)
04/24/2002 89 CERTIFICATE OF SERVICE of evidentiary objections to exhibits
attached in support of defendants' motion for sanctions as to Don King,
Don King Productions, DKP Corporation, Kingvision's attorneys by UPS
next day service on 4/12/02. (db) (Entered: 04/26/2002)
04/25/2002 90 Memo-Endorsement on letter addressed to Judge Daniels from Peter
Fleming, Jr., dated 04/24/02; Defendants' reply memorandum of law in
connection with their motion for summary judgment is now due on
Friday, May 3, 2002 ; ( signed by Judge George B. Daniels ); Copies
mailed. (djc) (Entered: 04/26/2002)
04/29/2002 91 REPLY by Don King, Don King Productions, DKP Corporation,
Kingvision Re: plaintiff's opposition to defendants' motion for sanctions.
(yv) (Entered: 05/01/2002)
05/03/2002 92 Memorandum to Docket Clerk from Magistrate Judge Douglas F. Eaton
dated April 29, 2002:, The [7-1] order, [7-2] order of reference to
Magistrate Judge is hereby closed for magistrate judge statistical
purposes. Discovery has closed . (yv) (Entered: 05/03/2002)
05/03/2002 93 JOINT REPLY MEMORANDUM by Don King, Don King Productions,
DKP Corporation, Kingvision in further support of defendant's motion
for summary judgement. Received in night deposit box on 5/3/02 at 6:36
p.m. (db) Modified on 05/08/2002 (Entered: 05/08/2002)
05/03/2002 94 REPLY DECLARATION of Michael C. Quinn by Don King, Don King
Productions, DKP Corporation, Kingvision in further support of motion
for summary judgement. Received in night deposit box on 5/3/02 at 6:36
p.m. (db) Modified on 05/08/2002 (Entered: 05/08/2002)
05/07/2002 95 AFFIDAVIT of William H. Murphy, Jr. by Don King, Don King
Productions, DKP Corporation, Kingvision in support of motion for
summary judgment. (bai) (Entered: 05/08/2002)
02/26/2003 PRETRIAL CONFERENCE held before Judge George B. Daniels. (kw)
(Entered: 03/11/2003)
02/26/2003 PRETRIAL CONFERENCE set at 11:00 a.m. on 9/10/03 before Judge
George B. Daniels. (kw) (Entered: 03/11/2003)
02/26/2003 96 Memorandum to Docket Clerk: PRETRIAL CONFERENCE held before
Judge George B. Daniels. Trial set for 9/22/03 at 10:00 a.m. Motions in
limine due by 8/1/03. (kw) (Entered: 03/11/2003)
Quinn, dated 7/9/03. counsel for defendant confirms that in addition to
the filing of jury instructions as referenced in Mr. Richards' letter, all
motions in limine also will be filed on or before 8/15/03. Motion
granted . ( signed by Judge George B. Daniels ); (yv) (Entered:
07/11/2003)
C. Quinn, dated 7/23/03. Reset pretrial order due for 8/15/03 . ( signed by
Judge George B. Daniels ); (kw) (Entered: 07/24/2003)
08/06/2003 99 Endorsement on letter addressed to Judge Daniels from Jerry D.
Bernstein, dated 8/6/03; reset status conference for 10:00 8/11/03.
Movants shall notify all parties of this conference . ( by Judge George B.
Daniels ); (pl) (Entered: 08/07/2003)
08/06/2003 100 NOTICE of Pendency of Case under Chapter 11 of the Fed. Bankruptcy
Code & Automatic Stay, by Mike Tyson . (cd) (Entered: 08/08/2003)
05/24/2004 101 ORDER that this action be transferred to the suspense docket. Once that
approval is obtained or denied, the parties will jointly advise this Court
within thirty (30) days thereof. So Ordered. (Signed by Judge George B.
Daniels on 5/20/04) (jco, ) (Entered: 05/25/2004)
12/08/2004 103 STIPULATION AND ORDER OF DISMISSAL, the above-captioned
action (including all claims and counterclaims, asserted or resereved,
with respect to such action) is hereby dismissed with prejudice with
respect to all parties pursuant to Fed. R. of Civ. P. 41(a)(1). Each of the
parties shall bear his or its own attorneys' fees and costs. (Signed by
Judge George B. Daniels on 12/8/04) (dt, ) (Entered: 12/10/2004)
12/09/2004 102 ORDER Pursuant to the parties; joint request, a decision, on the
outstanding motions in this matter, was held on abeyance in order to
afford the parties an opportunity to engage in settlement discussions. The
parties have since entered into a stipulation agreeing to dismiss the action
which the Court so-ordered. Accordingly, the Clerk of Court is hereby
directed to remove six motions in this case from the Court's docket.
(Signed by Judge George B. Daniels on 12/8/2004) (jsa, ) (Entered:
12/10/2004)

Mike Tyson Court Docket

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Tyson v. King, et al Date Filed: 03/05/1998

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