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					        Case 1:08-cv-05791-KBF Document 75   Filed 01/26/12 Page 1 of 7   1
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1    UNITED STATES DISTRICT COURT
     SOUTHERN DISTRICT OF NEW YORK
2    ------------------------------x

3    PEGGY HARLEY,

4                     Plaintiff,

5                v.                                08-CV-5791 (KBF)

6    ANN NESBY, et al.,

7                     Defendants.                  Conference

8    ------------------------------x
                                                   New York, N.Y.
9                                                  January 12, 2012
                                                   10:15 a.m.
10
     Before:
11
                          HON. KATHERINE B. FORREST,
12
                                                   District Judge
13
                                   APPEARANCES
14
     PEGGY HARLEY, Pro Se Plaintiff
15
     BALBER, PICKARD, BATTISTONI, MALDONADO & VAN DER TUIN
16        Attorneys for Defendant Shanachie Entertainment Corp.
     BY: ROGER J. MALDONADO, ESQ.
17
     MELVIN L. REDDICK, ESQ.
18        Attorney for Defendant Vaughn Harper

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                      SOUTHERN DISTRICT REPORTERS, P.C.
                                (212) 805-0300
        Case 1:08-cv-05791-KBF Document 75    Filed 01/26/12 Page 2 of 7   2
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1               (In open court)

2               (Case called)

3               THE CLERK:   Counsel, please state your name for the

4    record.

5               MR. MALDONADO:    For defendant, Shanachie Entertainment

6    Corp., Balber, Pickard, by Roger J. Maldonado.

7               THE COURT:   Good morning.

8               MR. MALDONADO:    Good morning.

9               MR. REDDICK:    For defendant Vaughn Harper, Melvin

10   Reddick.

11              THE COURT:   Good morning.

12              MR. REDDICK:    Thank you.

13              THE COURT:   All right.      We had a scheduled conference

14   for this morning that notice was sent with respect to the

15   plaintiff here, Ms. Harley, as well as to all of the

16   defendants.    I would note that two of the defendants, Ann Nesby

17   and Timothy Lee, have not appeared today, as well as some of

18   the other -- well, I guess the other defendants have all been

19   terminated, and Ms. Harley herself is not in the courtroom.           As

20   a result, I will not entertain discussion today with the

21   counsel who are here, but I will make a statement for the

22   record.

23              I'm going to issue two orders today for the record,

24   one with respect to a motion filed by Ms. Harley, and the

25   second with respect to dispositive motions to resolve the case,


                      SOUTHERN DISTRICT REPORTERS, P.C.
                                (212) 805-0300
        Case 1:08-cv-05791-KBF Document 75   Filed 01/26/12 Page 3 of 7   3
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1    if dispositive motions are something that the defendants or the

2    plaintiff would like to submit.

3              Ms. Harley has made a motion pursuant to

4    28 U.S.C. 455(a) and (b) and Rule 22 for the disqualification

5    or the recusal of me, Judge Forrest.        Her motion is denied.

6              Her motion, the motion of Ms. Harley, is written in a

7    manner that shows disrespect for the court and engages in

8    frivolous ad hominem attacks on Magistrate Pitman and is

9    without any factual basis.     I would note that she makes claims

10   regarding the assignment of this matter to me and the

11   withdrawal of the reference to Magistrate Pitman as somehow

12   evidencing a conspiracy and/or partiality, which she asserts

13   would prevent her from having a fair hearing and/or trial in

14   this matter.   Those allegations and assertions are entirely

15   unfounded.   This matter came to me through an automatic,

16   randomly-generated assignment process.        The procedure that I

17   adopted in this matter whereby I withdrew the reference were

18   similar to those which I've adopted for all matters where I

19   have withdrawn virtually all references, except in very

20   isolated instances where there's been something quite specific

21   occurring and have left the reference in this matter for the

22   resolution of one remaining issue with Magistrate Pitman.

23             There's also an assertion by Ms. Harley that the fact

24   that the notice for today's conference referenced dispositive

25   motions was somehow indicative of a predisposition to throw


                     SOUTHERN DISTRICT REPORTERS, P.C.
                               (212) 805-0300
        Case 1:08-cv-05791-KBF Document 75   Filed 01/26/12 Page 4 of 7     4
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1    this case out.    My letter in this matter, which referenced the

2    possibility of dispositive motions, is typical for all such

3    letters which I have sent to all litigants before me, and this

4    matter, where discovery is closed, is one in which it is ripe

5    for entire disposition.     Therefore, there is no factual basis

6    to suggest that there is any basis for recusal and the motion

7    lacks any merit.

8              It is further ordered that if Ms. Harley makes any

9    further filings that show disrespect for the court and/or

10   personal attacks, that she will be sanctioned under Rule 11,

11   which prevents harassing filings and filings without any

12   factual basis.

13             I will also set forth a briefing schedule on

14   dispositive motions.

15             (Ms. Harley present)

16             THE COURT:    Is this Ms. Harley?

17             MS. HARLEY:   Yes, it is.

18             THE COURT:    Okay.   Ms. Harley, it is now almost 10:20,

19   and the conference was scheduled to begin at 10:00.            There are

20   two defendants who are not present in the courtroom,

21   Mr. Timothy Lee and Ms. Nesby.      And as a result of your lack of

22   appearance on time and the lack of appearance of those two

23   individuals, I have proceeded to set forth on the record the

24   content of an order which denies the motion that you had made

25   for my disqualification and/or recusal, as you have styled it.


                      SOUTHERN DISTRICT REPORTERS, P.C.
                                (212) 805-0300
        Case 1:08-cv-05791-KBF Document 75   Filed 01/26/12 Page 5 of 7     5
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1    The transcript of this will be available to you.           I also am

2    going to set forth a briefing schedule, and then we will

3    terminate the conference.

4              The briefing schedule for dispositive motions will be

5    opening briefs on February 9th, for anyone who would like to

6    make an opening brief.     You, Ms. Harley, are entirely within

7    your rights to bring a motion for summary judgment yourself, to

8    move for a determination that the song at issue has been

9    infringed upon, and you can bring forth the evidence which you

10   had previously provided to the defendants; no new evidence, but

11   any of the evidence which you had previously provided to the

12   defendants.

13             You are also entitled, in the context of summary

14   judgment, to put forward any affidavit of your own statement or

15   declarations of your own statements under oath that make

16   assertions of fact in support of any motion.          But any party who

17   would like to make a dispositive motion is entitled to do so on

18   February 9th.   The oppositions will be due on March 21st,

19   and any reply will be due on April 4th.         There will be an

20   order mailed to all parties which will set forth this schedule.

21             Those are the matters which I was going to cover

22   today.   And I'm trying to think if there's anything else that

23   we wanted to cover.     And I think the answer is no.

24             Ms. Harley.

25             MS. HARLEY:   Yes.   For the record, why am I not


                     SOUTHERN DISTRICT REPORTERS, P.C.
                               (212) 805-0300
        Case 1:08-cv-05791-KBF Document 75   Filed 01/26/12 Page 6 of 7       6
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1    entitled to have you disqualified as a judge?

2               THE COURT:    Ms. Harley, had you been here on time, you

3    would have heard.    Now we actually waited until 10:15.

4               MS. HARLEY:    But I'm here now, and for the record, I'd

5    like to have you disqualified.

6               THE COURT:    For the record, I will repeat it to you.

7    In this one instance I will tell you why your motion was

8    baseless and entirely frivolous, but there is a transcript of

9    this proceeding.    Your motion indicates that this case was

10   somehow assigned to me in a way that evidences partiality.             It

11   was not.

12              MS. HARLEY:    Pardon me?    I'm sorry.    I don't

13   understand that.    Could you repeat that.

14              THE COURT:    I will repeat what I'm going to say one

15   time, and then we are going to adjourn.

16              Your motion indicated that this matter was assigned to

17   me in some way that evidenced my partiality.          It was not.      That

18   I was somehow showing bias.

19              I will not entertain questions.

20              MS. HARLEY:    Why?

21              THE COURT:    I will not entertain questions.        Your

22   motion also indicated that the manner of the removal of the

23   reference also indicated some sort of bias.          Everything that

24   has been done in this matter has proceeded according to the

25   routine practice for all matters that have come to me.


                      SOUTHERN DISTRICT REPORTERS, P.C.
                                (212) 805-0300
        Case 1:08-cv-05791-KBF Document 75   Filed 01/26/12 Page 7 of 7   7
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1              MS. HARLEY:   Objection.

2              THE COURT:    That is it, counsel.      We are adjourned on

3    this matter.   Thank you.

4              MS. HARLEY:   Objection.

5              THE CLERK:    All rise.

6                                     o0o

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                     SOUTHERN DISTRICT REPORTERS, P.C.
                               (212) 805-0300

				
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