Doe v. OneTaste, Inc.

Background

Jane Doe filed this civil case on November 20, 2023. The opinion states that she seeks damages and other relief under the Trafficking Victims Protection Reauthorization Act. She alleges that Nicole Daedone and Rachel Cherwitz operated OneTaste, Inc. and OneTaste NYC LLC as a labor- and sex-trafficking operation and used force, threats, fraud, and other coercion to make her engage in commercial sex acts as forced labor.

A related federal criminal case is pending against Daedone and Cherwitz. The criminal indictment charges them with conspiring to obtain labor and services and to recruit and groom OneTaste members to engage in sexual acts with certain people connected to OneTaste. The opinion states that the alleged periods of conduct overlap: the indictment concerns conduct from 2006 through May 2018, while Doe alleges involvement with OneTaste from 2008 through 2014.

Defendants’ Request

Defendants asked to postpone the initial pretrial conference, the deadline for a joint status letter and proposed case-management plan, and their deadline to answer or otherwise respond to the complaint. They also said they would seek either a mandatory stay under the Trafficking Victims Protection Reauthorization Act or a discretionary stay while the criminal case proceeds. Defendants argued that a stay was needed to protect Daedone’s and Cherwitz’s constitutional protection against compelled self-incrimination, avoid interference with the criminal case, and prevent prejudice to the corporate defendants. Doe consented to the scheduling extensions and adjournments but did not consent to a stay.

Ruling

The court stated: “Application granted in part.” It adjourned the April 26, 2024 initial pretrial conference to an unspecified later date while the anticipated stay motion is resolved. It likewise postponed the parties’ obligation to submit the joint status letter and proposed case-management plan before that conference. The court extended defendants’ deadline to answer or otherwise respond to the complaint to June 14, 2024.

The court required defendants to file a pre-motion conference request letter about the anticipated stay motion by April 24, 2024. That letter must include a proposed briefing schedule, after which the court will set the schedule. The court expressly took no position on whether a stay is warranted pending final resolution of the criminal case. It directed the clerk to terminate the motion pending at Docket No. 23.