JESSE S. WEINSTEIN, ESQ., an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following to be true under penalty of perjury: 1. I am Of Counsel at the Arcé Law Group, P.C., the attorneys for Jenifer An (“Plaintiff”), and as such I have personal knowledge of the facts and circumstances of this matter as contained in the files maintained by this office. 2. I respectfully submit this Affirmation in support of Plaintiff’s application for an order pursuant to CPLR §§ 1003, 3217, and 2214(a): (i) granting Plaintiff’s motion to amend the caption; (ii) setting the return date for Defendants Yeezy LLC and Kanye West a/k/a Ye (“West Defendants”) motion to dismiss to thirty (30) days after Plaintiff files the corrected second amended complaint; and (iii) for such further relief as the Court deems just and proper. 3. On August 19, 2025, West Defendants filed a Motion to Dismiss Plaintiff’s Amended Complaint. (NYSECF Doc. No. 37-42).
`SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X JENIFER AN, Plaintiff, -against- UMG RECORDINGS, INC., individually and d/b/a INTERSCOPE CAPITOL LABELS GROUP, STINK DIGITAL USA LLC, STINK LIMITED, STINK DIGITAL LIMITED, STINK CORPS 1-5, YEEZY LLC, MICHELLE AN, individually, and KANYE WEST a/k/a YE, individually, Defendants. -----------------------------------------------------------------------X
` Index No.: 152284/2025 AFFIRMATION OF JESSE S. WEINSTEIN, ESQ. IN SUPPORT OF ORDER TO SHOW CAUSE
`FILED: NEW YORK COUNTY CLERK 09/24/2025 07:19 PMINDEX NO. 152284/2025
`NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/24/2025
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`4. On September 8, 2025, Plaintiff filed a Second Amended Complaint (NYSECF Doc. No. 43), which was returned by the Court for correction.1 5. On September 17, 2025, West Defendants filed an Attorney Affirmation in support of renewing their prior Motion to Dismiss (NYSCEF Doc. Nos. 37-42), which had been directed at the original Amended Complaint (NYSCEF Doc. No. 20). West Defendants’ Affirmation in Support of their Motion to Dismiss (NYSECF Doc. No. 45) was defective in that it did not include a return date for the Motion to Dismiss, which was required by CPLR § 2214(a). 6. Thereafter, on September 18, 2025, Plaintiff filed a Stipulation of Discontinuance with Prejudice pursuant to CPLR §3217 to voluntarily dismiss her claims against YEEZY LLC (NYSECF Doc. No. 47). 7. That same day, Plaintiff also filed a Notice to the County Clerk to Amend the Caption.2 The basis for the amendment to the caption was to reflect the discontinuance of Defendant YEEZY LLC (NYSECF Doc. No. 48), and discontinuance of Defendants UMG Recordings, Inc., individually and d/b/a Interscope Capitol Labels Group, Stink Digital Usa LLC, Stink Limited, Stink Digital Limited, Stink Corps 1-5, and Michelle An, individually (NYSECF Doc. No. 30 and 32). 8. As of the date of this filing, Plaintiff’s Stipulation of Discontinuance with Prejudice (NYSCEF Doc. No. 47) and Notice to the County Clerk to Amend the Caption (NYSCEF Doc. No. 48) remain pending.
` 1 Pursuant to CPLR § 1003, parties cannot be dropped (renamed, removed, or substituted) without leave of court. Please obtain a Court Order or So-Ordered Stipulation directing the desired caption changes. 2 In the interest of judicial efficiency, Plaintiff files the instant Order to Show Cause, which addresses all procedural issues concisely, in one document, for the Court’s review.
`FILED: NEW YORK COUNTY CLERK 09/24/2025 07:19 PMINDEX NO. 152284/2025
`NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/24/2025
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`9. On September 24, 2025, Plaintiff contacted the Part Clerk and Chambers to inquire about a scheduling order given the pending stipulation and caption amendment, which would allow Plaintiff to correct and refile the Second Amended Complaint (NYSCEF Doc. No. 43). 10. On September 24, 2025, Plaintiff filed the instant Order to Show Cause, pursuant to CPLR §§ 1003, 3217, and 2214(a). 11. Plaintiff submits that granting this request would not prejudice the West Defendants, who are already on notice of the Second Amended Complaint (NYSCEF Doc. No. 43), as acknowledged in their Attorney Affirmation in support of the renewed Motion to Dismiss (NYSCEF Doc. No. 37-42). 12. Accordingly, Plaintiff respectfully requests that the Court grant Plaintiff’s Order to Show Cause in its entirety, including: (i) Plaintiff’s request to amend the caption; and (ii) setting the return date for West Defendants’ motion to dismiss to thirty (30) days after Plaintiff files the corrected second amended complaint. WHEREFORE, it is respectfully requested that Plaintiff’s Order to Show Cause be granted in its entirety, with such additional and different relief as this Court deems to be just and proper. Dated: September 24, 2025 New York, New York ARCÉ LAW GROUP, P.C. By: s/ Jesse S. Weinstein Jesse S. Weinstein, Esq. 45 Broadway, Suite 2810 New York, New York 10006 (212) 248-0120 j.weinstein@arcelawgroup.com
`FILED: NEW YORK COUNTY CLERK 09/24/2025 07:19 PMINDEX NO. 152284/2025
`NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/24/2025
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