Greene v. Paramount Pictures Corporation et al
| Andrew Greene |
| Appian Way, LLC, John and Jane Does 1 through 10, Paramount Pictures Corporation, Red Granite Pictures, Inc and Sikella Productions, Inc |
| 2:2014cv01044 |
| February 18, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| William D. Wall |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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| Filing 45 Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Motion Hearing held on 6/16/2016 re 42 MOTION to Compel filed by Andrew Greene. For the reasons set forth on the record, Plaintiffs letter concerning depositions, DE 42 , is converted to a motion to compel the deposition of Mr. Leonardo DiCaprio, and the motion is granted. Mr. DiCaprio will be produced for his deposition at a reasonable time and place agreed to by the parties. So Ordered by Magistrate Judge Steven I. Locke on 6/16/16. (Gandiosi, Kristin) |
Electronic ORDER re 44 Letter. Local counsel for Defendants shall appear in person at the 6/16/16 status conference, and out-of-state counsel for Defendants may appear by telephone. Ordered by Magistrate Judge Steven I. Locke on 6/14/2016. (Walsh, Kenneth)
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| Filing 44 Letter by Appian Way, LLC, John and Jane Does 1 through 10, Paramount Pictures Corporation, Red Granite Pictures, Inc, Sikella Productions, Inc (Cox, Vincent) |
| Filing 43 Letter Requesting change to time for 6/16/16 conference by Andrew Greene (Goldsmith, Aaron) |
| Filing 42 Motion to compel Pre-Motion Conference by Andrew Greene (Goldsmith, Aaron) Modified on 6/16/2016 (Gandiosi, Kristin). |
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Electronic ORDER re 43 Letter. The 6/16/16 status conference is adjourned to 12:00 p.m. on the same day in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 6/13/2016. (Walsh, Kenneth)
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Electronic ORDER re 41 Letter: The previously adjourned status conference has been rescheduled for 6/16/16 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 5/18/2016. (Walsh, Kenneth)
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| Filing 41 Letter by Andrew Greene (Goldsmith, Aaron) |
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Electronic ORDER: Defendants' application to appear by telephone, DE 40 , is denied. The 5/6/16 status conference is adjourned, and the parties are instructed to confer and propose three alternative dates on which counsel is available to appear in person. Alternatively, pursuant to the Court's Individual Rule 3(B), if the parties have no issues requiring the Court's attention, they may jointly request that the status conference be cancelled. Ordered by Magistrate Judge Steven I. Locke on 5/5/2016. (Walsh, Kenneth)
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| Filing 40 Letter Requesting Excusal From In-Person Appearance at Status Conference and Request for Telephonic Appearance by Attorney Vincent Cox by Appian Way, LLC, Paramount Pictures Corporation, Red Granite Pictures, Inc, Sikella Productions, Inc (Cox, Vincent) |
| Filing 39 REDACTION Amended Rule 26 Disclosure by Andrew Greene (Goldsmith, Aaron) |
| Filing 38 NOTICE of Change of Address by Stephanie G. Ovadia (Ovadia, Stephanie) |
| Filing 37 NOTICE of Appearance by Stephanie G. Ovadia on behalf of All Plaintiffs (aty to be noticed) (Ovadia, Stephanie) |
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Filing 36
SCHEDULING ORDER: Discovery deadlines set; see attached order. A Status Conference is set for 5/6/2016 in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 12/17/2015. (Gandiosi, Kristin)
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| Filing 35 Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Initial Conference held on 12/17/2015. The court has adopted and So Ordered the joint proposed scheduling order 34 submitted by the parties. (Gandiosi, Kristin) |
| Filing 34 MOTION for Discovery Plan by Andrew Greene. (Goldsmith, Aaron) |
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Electronic ORDER granting 33 Motion to Appear by Telephone. On consent of the parties, local counsel for Defendants will appear at the 12/17/15 initial conference in person and lead counsel will appear by telephone. Counsel is instructed to call the Court at 631-712-5720 at the time of the conference. Ordered by Magistrate Judge Steven I. Locke on 12/15/2015. (Walsh, Kenneth)
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| Filing 33 Motion to Appear by Telephone re Initial Conference by Appian Way, LLC, Paramount Pictures Corporation, Red Granite Pictures, Inc, Sikella Productions, Inc. (Petrich, Louis) |
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Filing 32
ORDER: An Initial Conference is set for 12/17/2015 in Courtroom 820 before Magistrate Judge Steven I. Locke. See Order and attachment. Ordered by Magistrate Judge Steven I. Locke on 12/2/2015. (Attachments: # 1 SIL Individual Rules) (Walsh, Kenneth)
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| Filing 31 REDACTION Rule 26 Disclosure by Andrew Greene (Goldsmith, Aaron) |
| Filing 30 ANSWER to 2 Supplemental Complaint, 1 Complaint , ANSWER to 2 Supplemental Complaint, 1 Complaint by Sikella Productions, Inc. (Cox, Vincent) |
| Filing 29 ANSWER to 2 Supplemental Complaint, 1 Complaint , ANSWER to 2 Supplemental Complaint, 1 Complaint by Red Granite Pictures, Inc. (Cox, Vincent) |
| Filing 28 ANSWER to 2 Supplemental Complaint, 1 Complaint , ANSWER to 2 Supplemental Complaint, 1 Complaint by Appian Way, LLC. (Cox, Vincent) |
| Filing 27 ANSWER to 2 Supplemental Complaint, 1 Complaint , ANSWER to 2 Supplemental Complaint, 1 Complaint by Paramount Pictures Corporation. (Cox, Vincent) |
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ORDER granting 26 Motion for Extension of Time to File Response/Reply. The parties' joint motion for an Order: (a) dismissing the fifth cause of action of the Complaint in accordance with the Court's Memorandum & Order dated September 30, 2015 (Docket Entry 25), and (b) extending Defendants' time to file their Answers to the Complaint to November 4, 2015 is GRANTED. Plaintiff's fifth cause of action based on negligent defamation is DISMISSED WITH PREJUDICE. Defendants shall file their Answers to the Complaint on or before November 4, 2015. Ordered by Judge Joanna Seybert on 10/17/2015. (Seibert, Kristin)
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| Filing 26 Joint MOTION for Extension of Time to File Response/Reply as to 1 Complaint, 2 Supplemental Complaint and to Dismiss the Fifth Cause of Action by Appian Way, LLC, Paramount Pictures Corporation, Red Granite Pictures, Inc, Sikella Productions, Inc. (Attachments: # 1 Proposed Order) (Petrich, Louis) |
| Email Notification Test - DO NOT REPLY. (Fagan, Linda) |
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Filing 25
MEMORANDUM & ORDER granting in part and denying in part 12 Motion to Dismiss for Failure to State a Claim; For the foregoing reasons, Defendants' motion to dismiss the Complaint (Docket Entry 12) is GRANTED IN PART and DENIED IN PART. The motion is DENIED insofar as it seeks dismissal of Plaintiff's libel claims based on a failure to plead the "of and concerning" element of a defamation claim. The motion is GRANTED with respect to Plaintiff's right of privacy claims, which are DISMISSED WITH PREJUDICE. The motion is also GRANTED with respect to Plaintiff's fifth cause of action based on negligent defamation and this claim is DISMISSED WITHOUT PREJUDICE and with leave to replead. If Plaintiff wishes to file an amended complaint repleading this claim, he must do so within thirty (30) days of the date of this Memorandum and Order. If Plaintiff fails to do so, Plaintiff's fifth cause of action will be dismissed with prejudice. So Ordered by Judge Joanna Seybert on 9/30/2015. C/ECF (Valle, Christine)
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| Case Reassigned to Magistrate Judge Steven I Locke. Magistrate Judge William D. Wall no longer assigned to the case. (Brown, Marc) |
| Filing 24 REPLY in Support re 12 Motion to Dismiss for Failure to State a Claim filed by All Defendants. (Cox, Vincent) |
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Filing 23
ORDER granting 19 Motion to Join; The Clerk of Court is directed to amend Docket Entry 12 to reflect that Defendants Appian Way and Sikelia Productions, Inc have joined in the motion to dismiss at Docket Entry 12. So Ordered by Judge Joanna Seybert on 5/15/2014. C/ECF (Valle, Christine)
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| Filing 22 MEMORANDUM in Opposition re 12 Motion to Dismiss for Failure to State a Claim AMENDED filed by Andrew Greene. (Goldsmith, Aaron) |
| Filing 21 Corporate Disclosure Statement by Sikella Productions, Inc identifying Corporate Parent none for Sikella Productions, Inc. (Bolger, Katherine) |
| Filing 20 Corporate Disclosure Statement by Appian Way, LLC identifying Corporate Parent none for Appian Way, LLC. (Bolger, Katherine) |
| Filing 19 Motion to Dismiss for Failure to State a Claim Adding New Defendants to Motion (Dkt. No. 12) by Appian Way, LLC, Sikella Productions, Inc. (Bolger, Katherine) |
| Filing 18 RESPONSE in Opposition re 12 Motion to Dismiss for Failure to State a Claim filed by Andrew Greene. (Attachments: # 1 Memorandum in Opposition, # 2 Affidavit Andrew Greene, # 3 Affidavit Norman B. Arnoff, Esq., # 4 Affidavit Neil M. Kaufman, Esq.) (Goldsmith, Aaron) |
| Filing 17 NOTICE of Appearance by Vincent Cox on behalf of Paramount Pictures Corporation, Red Granite Pictures, Inc (notification declined or already on case) (Cox, Vincent) |
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ORDER granting 16 Motion for Leave to Appear Pro Hac Vice. Counsel shall file a notice of appearance and register for ECF notification. Ordered by Magistrate Judge William D. Wall on 4/23/2014. (Hepworth, F.)
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| Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6875299. by Paramount Pictures Corporation, Red Granite Pictures, Inc. (Attachments: # 1 Declaration of Vincent Cox, # 2 Proposed Order) (Cox, Vincent) |
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ELECTRONIC ORDER granting 13 Motion for Extension of Time to File Response/Reply. Plaintiff's request for an extension of time to oppose Defendants' motion to dismiss is GRANTED. Plaintiff shall file an opposition on or before May 5, 2014. Defendants shall file their reply, if any, on or before May 19, 2014. Ordered by Judge Joanna Seybert on 4/14/2014. (Mascia, Raymond)
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| Filing 13 MOTION for Extension of Time to File Response/Reply as to 12 Motion to Dismiss for Failure to State a Claim by Andrew Greene. (Goldsmith, Aaron) |
| Filing 15 EXHIBITS by Paramount Pictures Corporation, Red Granite Pictures, Inc. Related Documents: 12 Motion to Dismiss for Failure to State a Claim filed by Paramount Pictures Corporation, Red Granite Pictures, Inc. (ORIGINAL DOCUMENT; NOT ELECTRONIC) (Valle, Christine) |
| Filing 14 Letter from Scott Bailey to Clerk of Court dated 4/7/14 Re: To enclose for filing Hard Copy Exhibits. (Valle, Christine) |
| Filing 12 Motion to Dismiss for Failure to State a Claim by Paramount Pictures Corporation, Red Granite Pictures, Inc. Appian Way, Sikella Productions, Inc. (Attachments: # 1 Memorandum in Support, # 2 Declaration of C. Joey Mcfarland, # 3 Declaration of Louis P. Petrich) (Petrich, Louis) Modified on 5/15/2014 to add Appian Way and Sikella Productions, Inc. (Valle, Christine). |
| Filing 11 NOTICE of Appearance by Louis P. Petrich on behalf of Paramount Pictures Corporation, Red Granite Pictures, Inc (notification declined or already on case) (Petrich, Louis) |
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ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Counsel shall file a notice of appearance and register for ECF. Ordered by Magistrate Judge William D. Wall on 4/3/2014. (Hepworth, F.)
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6832910. by Paramount Pictures Corporation, Red Granite Pictures, Inc. (Attachments: # 1 Declaration of Lou Petrich, # 2 Proposed Order) (Petrich, Louis) |
| Filing 9 Corporate Disclosure Statement by Red Granite Pictures, Inc (Bolger, Katherine) |
| Filing 8 Corporate Disclosure Statement by Paramount Pictures Corporation identifying Corporate Parent Viacom Inc. for Paramount Pictures Corporation. (Bolger, Katherine) |
| Filing 7 NOTICE of Appearance by Rachel Fan Stern Strom on behalf of Paramount Pictures Corporation, Red Granite Pictures, Inc (aty to be noticed) (Strom, Rachel) |
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ORDER granting 6 Motion for Extension of Time to File Answer until April 7, 2014. Ordered by Magistrate Judge William D. Wall on 3/21/2014. (Hepworth, F.)
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| Filing 6 MOTION for Extension of Time to File Response/Reply as to 1 Complaint, 2 Supplemental Complaint by Paramount Pictures Corporation, Red Granite Pictures, Inc. (Bolger, Katherine) |
| Filing 5 Summons Issued as to Appian Way, LLC, Paramount Pictures Corporation, Red Granite Pictures, Inc, Sikella Productions, Inc. (Valle, Christine) |
| This attorney case opening filing has been checked for quality control. The following corrections were made: Party John and Jane Does added. Party text added for four defendants. Arbitration code set to blank. Proof of payment will be sought. (Talbott, Thomas) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Talbott, Thomas) |
| Case assigned to Judge Joanna Seybert and Magistrate Judge William D. Wall. (Talbott, Thomas) |
| Filing 4 FILING FEE: $ 400.00, receipt number 0207-6737920 (Talbott, Thomas) |
| Filing 1 COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Andrew Greene. (Talbott, Thomas) Modified on 2/21/2014 (Talbott, Thomas). |
| Filing 2 Supplemental COMPLAINT , filed by Andrew Greene. (Attachments: # 1 Civil Cover Sheet) (Goldsmith, Aaron) |
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