Preview
INDEX NO. 952230/2023
FILED: NEW YORK COUNTY CLERK 12/05/2023 02:33 PM
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANONYMOUS, Index No.: 952230/2023
Plaintiff,
-against-
STIPULATION AND
WILLIAM COSBY, JR., NBCUNIVERSAL fPROPOSED] ORDER
MEDIA, LLC, KAUFMAN ASTORIA STUDIOS,
INC., ASTORIA STUDIOS LIMITED
PARTNERSHIP II, and THE CARSEY-WERNER
COMPANY, LLC,
Defendants.
WHEREAS, on November 21, 2023, Plaintiff initiated this action by filing a Summons
and Verified Complaint wherein Plaintiff was identified by the pseudonym “Anonymous,” rather
than by Plaintiff’s true name;
WHEREAS, Plaintiff has moved, by Order to Show Cause, for an order granting the
following relief: (i) deeming that Plaintiff's use of the pseudonym “Anonymous” in the caption is
proper; (ii) permitting Plaintiff to proceed in this action under the pseudonym “Anonymous”; (iii)
directing the parties, their attorneys and agents to refrain from publishing Plaintiffs true identity;
(iv) directing that all papers filed in this action, and all judgments, orders, decisions, notices to the
Court and any other document relating to the action refer to Plaintiff by the pseudonym
“Anonymous” and bear the caption “Anonymous v. William Cosby, Jr., NBCUniversal Media,
LLC, Kaufman Astoria Studios, Inc., Astoria Studios Limited Partnership II, and The Carsey-
Wemer Company, LLC”; and (v) directing the County Clerk to enter and record all papers in this
action under the caption “Anonymous v. William Cosby, Jr., NBCUniversal Media, LLC,
Kaufman Astoria Studios, Inc., Astoria Studios Limited Partnership II, and The Carsey-Wemer
Company, LLC”;
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INDEX NO. 952230/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/05/2023
WHEREAS, the Order to Show Cause is returnable on December 12, 2023, and
opposition, if any, is due on or before December 7, 2023;
WHEREAS, defendant NBCUniversal Media, LLC (“NBCU”) has no objection to an
order that permits the Plaintiff in this action to proceed by pseudonym and that requires the parties
to identify the Plaintiff by pseudonym rather than her true identity in court filings and otherwise
refrain from publishing Plaintiff's true name, so long as NBCU retains all rights to a full and fair
defense, including discovery to the fullest extent permitted under applicable discovery rules;
WHEREAS, NBCU and Plaintiff consent and stipulate to the Court entering this Order to
resolve Plaintiffs Order to Show Cause;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among
the undersigned counsel for the signatory parties, that:
1 Plaintiff's use of the pseudonym “Anonymous” and the caption “Anonymous v.
William Cosby, Jr., NBCUniversal Media, LLC, Kaufman Astoria Studios, Inc., Astoria Studios
Limited Partnership II, and The Carsey-Werner Company, LLC” is proper;
2 Plaintiff may proceed with this action under the pseudonym “Anonymous” and the
caption “Anonymous v. William Cosby, Jr, NBCUniversal Media, LLC, Kaufman Astoria
Studios, Inc., Astoria Studios Limited Partnership II, and The Carsey-Werner Company, LLC”;
3 NBCU shall not disclose the Plaintiff's true name in any public court filings, to the
media, or in any public venue;
4 Any documents filed in this action, and all judgments, orders, decisions, notices to
the Court and any other document relating to the action shall refer to Plaintiff by the pseudonym
“Anonymous” and bear the caption “Anonymous v. William Cosby, Jr., NBCUniversal Media,
LLC, Kaufman Astoria Studios, Inc., Astoria Studios Limited Partnership II, and The Carsey-
Werner Company, LLC”;
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INDEX NO. 952230/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/05/2023
5 The County Clerk shall enter and record all papers in this action under the caption
“Anonymous v. William Cosby, Jr., NBCUniversal Media, LLC, Kaufman Astoria Studios, Inc.,
Astoria Studios Limited Partnership II, and The Carsey-Werner Company, LLC”;
6. Any document filed with the Court on its public docket shall be redacted by the
filing party to the extent that it bears Plaintiff’s true name, but will include Plaintiff's pseudonym;
7 Any party filing a document in redacted form pursuant to this Order shall provide
an unredacted copy of the document to the other party’s counsel;
8 This Order does not diminish in any way the rights that NBCU otherwise would
have in the absence of this Order as a litigant in this action, including, but not limited to:
a. disclosing Plaintiff's true name to NBCU’s attorneys, experts, consultants, any
persons otherwise retained to provide specialized advice to NBCU in this action
and/or the support staff or vendors employed or retained by such persons;
disclosing Plaintiffs true name in discovery in this action, including, but not
limited to, requests for discovery, third-party subpoenas, depositions, and/or
communications with persons responding to such discovery and/or potential party
and non-party witnesses and/or their counsel (including, for example, current and
former employees);
disclosing Plaintiff's true name in information provided to NBCU’s insurance
carriers, their counsel, and/or consultants; and
disclosing Plaintiff's true name to any referee; special master; and/or mediator,
arbitrator, neutral, and/or other person engaged or appointed to facilitate alternative
dispute resolution; and
IT IS HEREBY FURTHER STIPULATED AND AGREED that no later than seven (7)
days from the date that this Order is executed by counsel for the Parties, counsel for Plaintiff shall
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NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/05/2023
provide counsel for NBCU the following PII for the Plaintiff in this action: all complete names
(including aliases, and all other previously used names, if any), date of birth, social security
number, complete names of all parents and/or guardians, current address, and address(es) at the
time of the alleged incident(s) in the Complaint; and -
IT IS HEREBY FURTHER STIPULATED AND AGREED that if Plaintiff's legal
name is later made public in connection with the allegations in the Complaint, through no fault of
NBCU, NBCU reserves its right to file a motion seeking modification of this Order.
Dated: December 4, 2023
New York, New York
/s/ Jordan Rutsky /s/ Helen Gugel
Jordan Merson, Esq. Helen Gugel, Esq.
Jordan Rutsky, Esq. ROPES & GRAY LLP
MERSON LAW, PLLC 1211 Avenue of the Americas
950 Third Avenue, 18th Floor New York, New York 10036
New York, New York 10022
James P. Dowden, Esq. (Pro Hac Vice
Counsel for Plaintiff Forthcoming)
ROPES & GRAY LLP
800 Boylston Street
Boston, MA 02199
Counsel for Defendant,
NBCUniversal Media, LLC
SO ORDERED
wl 4%
Hon. Sillomo S. Hagler, J Sc
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Preview
INDEX NO. 952230/2023 FILED: NEW YORK COUNTY CLERK 12/05/2023 02:33 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANONYMOUS, Index No.: 952230/2023 Plaintiff, -against- STIPULATION AND WILLIAM COSBY, JR., NBCUNIVERSAL fPROPOSED] ORDER MEDIA, LLC, KAUFMAN ASTORIA STUDIOS, INC., ASTORIA STUDIOS LIMITED PARTNERSHIP II, and THE CARSEY-WERNER COMPANY, LLC, Defendants. WHEREAS, on November 21, 2023, Plaintiff initiated this action by filing a Summons and Verified Complaint wherein Plaintiff was identified by the pseudonym “Anonymous,” rather than by Plaintiff’s true name; WHEREAS, Plaintiff has moved, by Order to Show Cause, for an order granting the following relief: (i) deeming that Plaintiff's use of the pseudonym “Anonymous” in the caption is proper; (ii) permitting Plaintiff to proceed in this action under the pseudonym “Anonymous”; (iii) directing the parties, their attorneys and agents to refrain from publishing Plaintiffs true identity; (iv) directing that all papers filed in this action, and all judgments, orders, decisions, notices to the Court and any other document relating to the action refer to Plaintiff by the pseudonym “Anonymous” and bear the caption “Anonymous v. William Cosby, Jr., NBCUniversal Media, LLC, Kaufman Astoria Studios, Inc., Astoria Studios Limited Partnership II, and The Carsey- Wemer Company, LLC”; and (v) directing the County Clerk to enter and record all papers in this action under the caption “Anonymous v. William Cosby, Jr., NBCUniversal Media, LLC, Kaufman Astoria Studios, Inc., Astoria Studios Limited Partnership II, and The Carsey-Wemer Company, LLC”; lof 4 INDEX NO. 952230/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/05/2023 WHEREAS, the Order to Show Cause is returnable on December 12, 2023, and opposition, if any, is due on or before December 7, 2023; WHEREAS, defendant NBCUniversal Media, LLC (“NBCU”) has no objection to an order that permits the Plaintiff in this action to proceed by pseudonym and that requires the parties to identify the Plaintiff by pseudonym rather than her true identity in court filings and otherwise refrain from publishing Plaintiff's true name, so long as NBCU retains all rights to a full and fair defense, including discovery to the fullest extent permitted under applicable discovery rules; WHEREAS, NBCU and Plaintiff consent and stipulate to the Court entering this Order to resolve Plaintiffs Order to Show Cause; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the signatory parties, that: 1 Plaintiff's use of the pseudonym “Anonymous” and the caption “Anonymous v. William Cosby, Jr., NBCUniversal Media, LLC, Kaufman Astoria Studios, Inc., Astoria Studios Limited Partnership II, and The Carsey-Werner Company, LLC” is proper; 2 Plaintiff may proceed with this action under the pseudonym “Anonymous” and the caption “Anonymous v. William Cosby, Jr, NBCUniversal Media, LLC, Kaufman Astoria Studios, Inc., Astoria Studios Limited Partnership II, and The Carsey-Werner Company, LLC”; 3 NBCU shall not disclose the Plaintiff's true name in any public court filings, to the media, or in any public venue; 4 Any documents filed in this action, and all judgments, orders, decisions, notices to the Court and any other document relating to the action shall refer to Plaintiff by the pseudonym “Anonymous” and bear the caption “Anonymous v. William Cosby, Jr., NBCUniversal Media, LLC, Kaufman Astoria Studios, Inc., Astoria Studios Limited Partnership II, and The Carsey- Werner Company, LLC”; 20f 4 INDEX NO. 952230/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/05/2023 5 The County Clerk shall enter and record all papers in this action under the caption “Anonymous v. William Cosby, Jr., NBCUniversal Media, LLC, Kaufman Astoria Studios, Inc., Astoria Studios Limited Partnership II, and The Carsey-Werner Company, LLC”; 6. Any document filed with the Court on its public docket shall be redacted by the filing party to the extent that it bears Plaintiff’s true name, but will include Plaintiff's pseudonym; 7 Any party filing a document in redacted form pursuant to this Order shall provide an unredacted copy of the document to the other party’s counsel; 8 This Order does not diminish in any way the rights that NBCU otherwise would have in the absence of this Order as a litigant in this action, including, but not limited to: a. disclosing Plaintiff's true name to NBCU’s attorneys, experts, consultants, any persons otherwise retained to provide specialized advice to NBCU in this action and/or the support staff or vendors employed or retained by such persons; disclosing Plaintiffs true name in discovery in this action, including, but not limited to, requests for discovery, third-party subpoenas, depositions, and/or communications with persons responding to such discovery and/or potential party and non-party witnesses and/or their counsel (including, for example, current and former employees); disclosing Plaintiff's true name in information provided to NBCU’s insurance carriers, their counsel, and/or consultants; and disclosing Plaintiff's true name to any referee; special master; and/or mediator, arbitrator, neutral, and/or other person engaged or appointed to facilitate alternative dispute resolution; and IT IS HEREBY FURTHER STIPULATED AND AGREED that no later than seven (7) days from the date that this Order is executed by counsel for the Parties, counsel for Plaintiff shall 3 0f 4 INDEX NO. 952230/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/05/2023 provide counsel for NBCU the following PII for the Plaintiff in this action: all complete names (including aliases, and all other previously used names, if any), date of birth, social security number, complete names of all parents and/or guardians, current address, and address(es) at the time of the alleged incident(s) in the Complaint; and - IT IS HEREBY FURTHER STIPULATED AND AGREED that if Plaintiff's legal name is later made public in connection with the allegations in the Complaint, through no fault of NBCU, NBCU reserves its right to file a motion seeking modification of this Order. Dated: December 4, 2023 New York, New York /s/ Jordan Rutsky /s/ Helen Gugel Jordan Merson, Esq. Helen Gugel, Esq. Jordan Rutsky, Esq. ROPES & GRAY LLP MERSON LAW, PLLC 1211 Avenue of the Americas 950 Third Avenue, 18th Floor New York, New York 10036 New York, New York 10022 James P. Dowden, Esq. (Pro Hac Vice Counsel for Plaintiff Forthcoming) ROPES & GRAY LLP 800 Boylston Street Boston, MA 02199 Counsel for Defendant, NBCUniversal Media, LLC SO ORDERED wl 4% Hon. Sillomo S. Hagler, J Sc 4 of 4