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Nygard Suit By His Two Sons For Underage Sex Gets Seal on Transcript Due to US Probe

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Dec 10 – In a case against Peter Nygard for rape, sexual assault and sex trafficking, on May 7 there was a pre-motion conference before U.S. District Court for the Southern District of New York Judge Edgardo Ramos. Inner City Press covered it, and then the next proceeding in the case on June 3, see below.

 On August 16, another case against Nygard was filed by the same firm, DiCello Levitt Gutzler LLC via Greg G. Gutzler, this time alleging that Nygard had his sex-worker girlfriend have sent with his two then underaged sons.

 On November 25, Nygard's lawyer asked Judge Ramos of a pre-motion conference, seeking to file a motion to dismiss. It was scheduled for December 10, and Inner City Press sought to cover it.

But during the short proceeding, Nygard's lawyer Christopher Harwood demanded that it be sealed. At the end, Judge Ramos told the court reporter not to docket the transcript but rather show it to Harwood (and plaintiffs' counsel). So the result of the US Attorney's Office probe is less, rather than more, transparency to the public. Here is the minute order: "Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 12/10/2020 by telephone. Defendants are granted leave to file a motion to dismiss with the following briefing schedule: moving papers due January 11, 2021; response due February 11, 2020; and reply due February 25, 2021. The parties are granted leave to file memoranda 40 pages in length, and a reply 20 pages in length. Defendants' application to seal portions of the transcript discussing the a potential stay of this action and the stay of the related action, Does No. 1 -10 v. Nygard, et al., 20-cr-1288, is GRANTED."

Note: that other case is CV (civil), not criminal. Freudian slip?

This one is John Does 1-2 v. Nygard et al., 20-cv-6501 (Ramos).

 The June 3 proceeding started with the allegation that Nygard has made some Google search results disappear. Plaintiffs' lawyer went through a "deletion log" of documents which were deleted, including the litigation hold. He quoted Bates stamp numbers of pages, while saying he's not sure what they refer it.  "There's a wire by Nygard for $10 million... They deleted photos from a place in Winnipeg where Nygard held pamper parties."  

Judge Ramos: Did Nygard put pictures of these pamper parties on the corporate website?  Answer: Yes. But they took some of them down. 

Judge Ramos: All of the servers are now with the Richter Advisory Group, right?  Answer: It's a Canadian receiver with a different agenda, different powers than you, Your Honor. They are trying to recover assets for, for example, White Oak.

As argument continued, Inner City Press dug around in the docket, and following URLs, came across and tweeted the link to this Richter report on April 2020 about Nygard Holdings, here.

 Plaintiffs' lawyer: We want IT expert to go in and check what Richter is doing.  Judge Ramos: Let's here from defense counsel.

 Harwood of Morvillo Abramowitz: The Richter report does not assert that evidence destruction occurred. It only identifies file deletions Nygard lawyer now claiming that Greg Fenske only deleted web links like "help desk," and corporate documents; says there is no basis to say that improper deletions occurred. 

Judge Ramos: Is it just that you believe Mr. Genske or whatever his name is?  A: Fenske. 

Judge Ramos: Unlike Mr. Gutzler, I am very familiar with this type of firm, they hire computer forensic experts.

  Plaintiff's lawyer asks that Greg Fenske, who deleted Nygard documents, submit an affidavit to Judge Ramos.  Judge Ramos: You say these are photos of a Falcon Lake party - is the allegation that a lot sexual assaults took place there? A:  Yes, a Jane Doe says so.

Judge Ramos: And you're saying the pamper party photos were on the public-facing website? A: Yes. Then they were deleted. Right before Richter took over the servers. We are requesting discovery on this. Judge Ramos: The info is safe with Richter Group.

Plaintiffs' lawyer says he has 10 more Nygard victims who want to sign on "to be a new Jane Doe." He says one was raped in New York. 

Judge Ramos: Plaintiffs are coming here two weeks too late but I don't see how defendants are prejudiced. So I grant plaintiffs leave to file an amendment complaint, by next Wednesday June 10. Nygard gets 3 weeks to file motion to dismiss, July 1.  Nygard's reply on its forthcoming motion to dismiss will be due July 29. Inner City Press will continue to report on this case.

   Plaintiffs' lawyer said, Nygard lives above his store in New York, in violation of zoning, holds "pamper parties. The complaint in Nygard v. Bacon, which at Para 3 says "Nygard Inc since 2005 has carried on business at its world headquarters at 1435 Broadway, NY NY 10018." Apparently Nygard lives upstairs. 

  Judge Ramos said, I'm going to let Nygard file a motion to dismiss - though it is true that your arguments today have gotten into disputes of fact. Let's get some dates Ms. Rivera.     Lawyer said, 30 days is a weekend.     Judge Ramos deadpanned (by phone) that These days one day is the same as the other. So the motion to dismiss is due June 8, opposition July 8, reply July 22. With that, Judge Ramos says, we are adjourned. Be safe. The case is Does No. 1-10 v. Nygard, et al., 20-cv-1288 (Ramos). 


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