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Capak v. Epps

Bodyguard Denied Stay of Discovery in Civil Case Pending Resolution of His Criminal Case

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MEMORANDUM OPINION & ORDER Plaintiff Richard J. Capak filed suit against Tauheed Epps and Rory Dorall Smith in the Supreme Court of the State of New York, subsequently removed to this Court, alleging state tort law claims for assault, battery, and negligence against both defendants and negligent hiring and retention against Epps. Plaintiff’s claims arise out of an incident where Smith, while acting as a bodyguard for Epps, allegedly attacked and injured Capak as he attempted to videotape Epps. Smith was indicted on criminal charges in New York state court arising out of this incident. On May 14, 2018, Smith entered into a re-pleader plea agreement with the State under which he pleaded guilty to one charge of aggravated harassment in return for the opportunity, after two years of no new arrests and compliance with an order of protection preventing him from contacting Capak, to have his plea vacated, and his sentence reduced to probation.Smith now moves this Court, “[i]n an abundance of caution,” to stay discovery in his case pending resolution of his criminal proceedings. Notice of Mot. at 1. For the reasons that follow, Defendant’s motion to stay is denied.BACKGROUNDOn October 27, 2017, Plaintiff Richard Capak, a professional videographer and paparazzo, attempted to videotape Tauheed Epps, a celebrity hip-hop artist professionally known as “2 CHAINZ,” when Epps was arriving at 30 Rockefeller Plaza in New York City for a televised performance on a late-night show. See Notice of Removal (Dkt. 1), Ex. A, Complaint

6-7. Epps’ bodyguard, Rory Dorall Smith, allegedly approached and attacked Capak as he videotaped Epps entering the building. Id.

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