Tannerite Sports, LLC v. NBCUniversal News Group et al
Plaintiff: Tannerite Sports, LLC
Defendant: NBCUniversal News Group and Wlex Communications, LLC
Case Number: 1:2015cv02343
Filed: March 27, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Shira A Scheindlin
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332 lb
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 15, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2017 Filing 50 MANDATE of USCA (Certified Copy) as to #48 Notice of Appeal, filed by Tannerite Sports, LLC. USCA Case Number 15-3485. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/15/2017. (nd)
February 24, 2016 Opinion or Order Filing 49 ORDER of USCA (Certified Copy) as to #48 Notice of Appeal, filed by Tannerite Sports, LLC. USCA Case Number 15-3485. The parties stipulate that this appeal is withdrawn as to WLEX, but will proceed with respect to the remaining claims. The parties jointly request and stipulate that the Clerk of Court dismiss WLEX from the above-captioned case, and that any costs and fees as to WLEX be taxed against Tannerite. The stipulation is hereby SO ORDERED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/24/2016. (nd)
October 30, 2015 Filing 48 FIRST NOTICE OF APPEAL from #47 Clerk's Judgment, #46 Memorandum & Opinion,,. Document filed by Tannerite Sports, LLC. Filing fee $ 505.00, receipt number 0208-11571571. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Cargille, David)
October 30, 2015 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #48 Notice of Appeal. (tp)
October 30, 2015 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #48 Notice of Appeal, filed by Tannerite Sports, LLC were transmitted to the U.S. Court of Appeals. (tp)
October 2, 2015 Filing 47 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 1, 2015, Defendants' respective motions to dismiss are granted, and Tannerite's request for jurisdictional discovery is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/02/2015) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km)
October 1, 2015 Opinion or Order Filing 46 OPINION AND ORDER #105962 re: #27 MOTION to Dismiss . filed by NBCUniversal News Group, #21 MOTION to Dismiss the First Amended Complaint. filed by Wlex Communications, LLC. For the foregoing reasons, defendants' respective motions to dismiss are GRANTED, and Tannerite's request for jurisdictional discovery is DENIED. The Clerk of the Court is directed to close these motions [Dkt. Nos. 21 and 27], and this case. SO ORDERED. (As further set forth within this Opinion.) (Signed by Judge Shira A. Scheindlin on 10/1/2015) (ajs) (Main Document 46 replaced on 10/2/2015) (ajs). Modified on 10/19/2015 (ca).
October 1, 2015 Transmission to Judgments and Orders Clerk. Transmitted re: #46 Memorandum & Opinion,,, to the Judgments and Orders Clerk. (ajs)
September 10, 2015 Opinion or Order Filing 45 MEMO ENDORSEMENT on re: #44 Letter filed by Tannerite Sports, LLC, re: Extension of Time. ENDORSEMENT: Plaintiff's request is granted. The new deadline for responding to pending document requests is September 25, 2015. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/10/2015) (ajs)
September 9, 2015 Filing 44 FIRST LETTER addressed to Judge Shira A. Scheindlin from David L. Cargille dated 09/09/2015 re: Extension of Time. Document filed by Tannerite Sports, LLC.(Cargille, David)
September 1, 2015 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 9/1/2015. Telephone conference scheduled for 10/16/15 at 10:00 a.m. (aba)
August 7, 2015 Filing 43 REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss the First Amended Complaint. . Document filed by Wlex Communications, LLC. (Mills, David)
August 7, 2015 Filing 42 REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss . . Document filed by NBCUniversal News Group. (Kummer, Daniel)
July 27, 2015 Filing 41 MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss the First Amended Complaint. (Corrected). Document filed by Tannerite Sports, LLC. (Cargille, David)
July 27, 2015 Filing 40 MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss . the First Amended Complaint (Corrected). Document filed by Tannerite Sports, LLC. (Cargille, David)
July 27, 2015 Opinion or Order Filing 39 MEMO ENDORSEMENT on re: #38 Letter filed by Tannerite Sports, LLC, re: Plaintiff's Memoranda in Opposition to Motions to Dismiss. ENDORSEMENT: All requests granted. So Ordered. (Signed by Judge Shira A. Scheindlin on 7/27/2015) (ajs)
July 25, 2015 Filing 38 LETTER addressed to Judge Shira A. Scheindlin from David Cargille, Esq. dated July 25, 2015 re: Plaintiff's Memoranda in Opposition to Motions to Dismiss. Document filed by Tannerite Sports, LLC.(Cargille, David)
July 25, 2015 Filing 37 MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss . the First Amended Complaint. Document filed by Tannerite Sports, LLC. (Cargille, David)
July 25, 2015 Filing 36 MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss the First Amended Complaint. . Document filed by Tannerite Sports, LLC. (Cargille, David)
July 9, 2015 Opinion or Order Filing 35 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. November would be best, Thanks. (Signed by Judge Shira A. Scheindlin on 7/9/2015) (ajs)
July 9, 2015 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 7/9/2015.
July 1, 2015 Opinion or Order Filing 34 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL on re: #33 Notice (Other) filed by Wlex Communications, LLC. ENDORSEMENT: Request granted. So Ordered. (Signed by Judge Shira A. Scheindlin on 7/1/2015) (ajs)
June 30, 2015 Filing 33 NOTICE of Withdrawal of Counsel Michael Kovaka for WLEX Commc'ns. Document filed by Wlex Communications, LLC. (Mills, David)
June 29, 2015 Filing 32 DECLARATION of Chelley E. Talbert in Support re: #27 MOTION to Dismiss .. Document filed by NBCUniversal News Group. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 5a, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 8a, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 12a, #16 Exhibit 13)(Kummer, Daniel)
June 29, 2015 Filing 31 MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss . Amended Complaint. Document filed by NBCUniversal News Group. (Kummer, Daniel)
June 29, 2015 Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Comcast Corporation for NBCUniversal News Group. Document filed by NBCUniversal News Group.(Kummer, Daniel)
June 29, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel M. Kummer to RE-FILE Document #26 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
June 29, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Daniel M. Kummer to RE-FILE Document #28 MOTION to Dismiss Memorandum of Law. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #27 Motion. (db)
June 29, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel M. Kummer to RE-FILE Document #29 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (db)
June 26, 2015 Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Chelley E. Talbert in Support re: #28 MOTION to Dismiss Memorandum of Law.. Document filed by NBCUniversal News Group. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 5a, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 8a, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 12a, #16 Exhibit 13)(Kummer, Daniel) Modified on 6/29/2015 (db).
June 26, 2015 Filing 28 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum of Law. Document filed by NBCUniversal News Group.(Kummer, Daniel) Modified on 6/29/2015 (db).
June 26, 2015 Filing 27 MOTION to Dismiss . Document filed by NBCUniversal News Group.(Kummer, Daniel)
June 26, 2015 Filing 26 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by NBCUniversal News Group.(Kummer, Daniel) Modified on 6/29/2015 (lb).
June 26, 2015 Filing 25 DECLARATION of Lillie Ruschell in Support re: #21 MOTION to Dismiss the First Amended Complaint.. Document filed by Wlex Communications, LLC. (Mills, David)
June 26, 2015 Filing 24 DECLARATION of Patrick Dalbey in Support re: #21 MOTION to Dismiss the First Amended Complaint.. Document filed by Wlex Communications, LLC. (Mills, David)
June 26, 2015 Filing 23 DECLARATION of Richard Essex in Support re: #21 MOTION to Dismiss the First Amended Complaint.. Document filed by Wlex Communications, LLC. (Mills, David)
June 26, 2015 Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss the First Amended Complaint. . Document filed by Wlex Communications, LLC. (Mills, David)
June 26, 2015 Filing 21 MOTION to Dismiss the First Amended Complaint. Document filed by Wlex Communications, LLC.(Mills, David)
June 5, 2015 Filing 20 FIRST AMENDED COMPLAINT amending #1 Complaint,,,, against NBCUniversal News Group, Wlex Communications, LLC with JURY DEMAND.Document filed by Tannerite Sports, LLC. Related document: #1 Complaint,,,, filed by Tannerite Sports, LLC. (Attachments: #1 Exhibit A, Part 1 of 9, #2 Exhibit A, Part 2 of 9, #3 Exhibit A, Part 3 of 9, #4 Exhibit A, Part 4 of 9, #5 Exhibit A, Part 5 of 9, #6 Exhibit A, Part 6 of 9, #7 Exhibit A, Part 7 of 9, #8 Exhibit A, Part 8 of 9, #9 Exhibit A, Part 9 of 9, #10 Exhibit B, #11 Exhibit C, #12 Exhibit D, #13 Exhibit E)(Cargille, David)
May 14, 2015 Filing 19 CASHIERS OFFICE REMARK in the amount of $200, paid on 5/14/2015, Receipt Number 465401125408. (ew)
May 14, 2015 Filing 18 CASHIERS OFFICE REMARK on #14 Order Admitting Attorney Pro Hac Vice, in the amount of $200, paid on 5/14/2015, Receipt Number 465401125411. (ew)
May 14, 2015 Opinion or Order Filing 17 ORDER APPROVING SCHEDULE FOR AMENDED COMPLAINT AND RESPONSES; AND ADJOURNING INITIAL PRE-TRIAL CONFERENCE: it is hereby ORDERED that: Amended Pleadings due by 6/5/2015; Defendants shall move or answer with respect to any amended complaint on or before June 26, 2015; Response is due July 24, Reply August 7. Initial Conference set for 7/9/2015 at 04:00 PM before Judge Shira A. Scheindlin. No further adjournments will be granted for any reason. (Signed by Judge Shira A. Scheindlin on 5/14/2015) (ama).
May 13, 2015 Filing 16 LETTER addressed to Judge Shira A. Scheindlin from Daniel M. Kummer dated 5/13/2015 re: Agreed Schedule for Amendment of Complaint and Responses; and Requesting Adjournment of May 19, 2015 Conference. Document filed by NBCUniversal News Group. (Attachments: #1 Text of Proposed Order)(Kummer, Daniel)
May 12, 2015 Filing 15 NOTICE OF CHANGE OF ADDRESS by Daniel M. Kummer on behalf of NBCUniversal News Group. New Address: NBCUniversal Media, LLC, 30 Rockefeller Plaza, RM 1221-28A18, New York, New York, USA 10112, 212-664-4017. (Kummer, Daniel)
May 12, 2015 Opinion or Order Filing 14 ORDER GRANTING PRO HAC VICE ADMISSION: It is hereby ORDERED that the request of David E. Mills and Michael Kovaka for admission to practice pro hac vice in this Court in the above-captioned matter is GRANTED. (Signed by Judge Shira A. Scheindlin on 5/12/2015) (ajs)
May 12, 2015 Filing 13 NOTICE OF APPEARANCE by Chelley Ernette Talbert on behalf of NBCUniversal News Group. (Talbert, Chelley)
May 12, 2015 Filing 12 AFFIDAVIT OF SERVICE of 5/11/15 Letter from S. Turner to Judge Scheindlin with attached Proposed Order Granting Pro Hac Vice Admission served on NBCUniversal News Group on 5/12/2015. Service was made by Mail. Document filed by Wlex Communications, LLC. (Turner, Stephanie)
May 11, 2015 Filing 11 LETTER addressed to Judge Shira A. Scheindlin from Stephanie B. Turner dated 5/11/15 re: Request for Order Granting Pro Hac Vice Admission of David E. Mills. Document filed by Wlex Communications, LLC.(Turner, Stephanie)
May 8, 2015 Filing 10 NOTICE OF APPEARANCE by Daniel M. Kummer on behalf of NBCUniversal News Group. (Kummer, Daniel)
May 5, 2015 Opinion or Order Filing 9 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/19/2015 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 5/5/2015) (spo)
April 29, 2015 Opinion or Order Filing 8 ORDER GRANTING REQUEST FOR EXTENSION granting #7 Letter Motion for Extension of Time to Answer. It is hereby ORDERED that Defendant WLEX Communications, LLC's request for an extension to May 15, 2015 of its time to move, answer, or otherwise respond to Plaintiff Tannerite Sports, LLC's Complaint is GRANTED. No further extensions will be granted. Wlex Communications, LLC answer due 5/15/2015. (Signed by Judge Shira A. Scheindlin on 4/29/2015) (ajs)
April 29, 2015 Filing 7 LETTER MOTION for Extension of Time to File Answer re: #4 Affidavit of Service Complaints addressed to Judge Shira A. Scheindlin from Stephanie B. Turner dated 4/29/2015. Document filed by Wlex Communications, LLC. (Attachments: #1 Text of Proposed Order)(Turner, Stephanie)
April 23, 2015 Opinion or Order Filing 6 MEMO ENDORSEMENT on re: #5 Letter filed by NBCUniversal News Group, re: Extension of time for NBCUniversal Media, LLC to respond to Complaint. ENDORSEMENT: Defendant NBCUniversal's time to respond to the Complaint is extended to and including May 13, 2015. No further adjournments will be granted. So Ordered. NBCUniversal News Group answer due 5/13/2015. (Signed by Judge Shira A. Scheindlin on 4/23/2015) (ajs)
April 23, 2015 Filing 5 LETTER addressed to Judge Shira A. Scheindlin from Daniel M. Kummer dated April 23, 2015 re: Extension of time for NBCUniversal Media, LLC to respond to Complaint. Document filed by NBCUniversal News Group.(Kummer, Daniel)
April 23, 2015 Filing 4 AFFIDAVIT OF SERVICE. Wlex Communications, LLC served on 4/9/2015, answer due 4/30/2015. Service was accepted by Alyce Casey, Secretary. Document filed by Tannerite Sports, LLC. (Cargille, David)
April 23, 2015 Filing 3 AFFIDAVIT OF SERVICE. NBCUniversal News Group served on 4/8/2015, answer due 4/29/2015. Service was accepted by Jorge Mendez, Litigation Service Manager. Document filed by Tannerite Sports, LLC. (Cargille, David)
March 27, 2015 Filing 2 CIVIL COVER SHEET filed. (moh) (rz).
March 27, 2015 Filing 1 COMPLAINT against NBCUniversal News Group, Wlex Communications, LLC. (Filing Fee $ 350.00, Receipt Number 465401121164)Document filed by Tannerite Sports, LLC.(moh) (rz). (Additional attachment(s) added on 3/31/2015: #1 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #2 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #3 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #4 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #5 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #6 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #7 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #8 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #9 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #10 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #11 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #12 cmp) (rz). (Additional attachment(s) added on 3/31/2015: #13 cmp) (rz).
March 27, 2015 SUMMONS ISSUED as to NBCUniversal News Group, Wlex Communications, LLC. (moh)
March 27, 2015 Case Designated ECF. (moh)
March 27, 2015 Magistrate Judge Debra C. Freeman is so designated. (moh)

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Defendant: NBCUniversal News Group
Represented By: Chelley Ernette Talbert
Represented By: Daniel M. Kummer
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Defendant: Wlex Communications, LLC
Represented By: Stephanie B Turner
Represented By: David E. Mills
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Plaintiff: Tannerite Sports, LLC
Represented By: David Lee Cargille
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