Robert Kelly et al v. The McClatchy Co., LLC
| Robert Kelly, Eryn Learned, Kerry Wano, Rhett Fussell, Dennis Montalbano, Iris Sheehan and Douglas Sheets |
| The McClatchy Company |
| 2:2023mc00005 |
| January 9, 2023 |
| US District Court for the Eastern District of California |
| Dale A Drozd |
| Kendall J Newman |
| Jeremy D Peterson |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on February 13, 2023. A more recent docket listing may be available from PACER.
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Filing 29
ORDER SUBSTITUTING ATTORNEY signed by District Judge Dale A. Drozd on 2/12/2023: Attorney Adam McNeile ADDED for Rhett Fussell, Eryn Learned, Dennis Montalbano, Iris Sheehan and Douglas Sheets in place of attorney Adam J. Schwartz. (Donati, J)
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| Filing 28 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Rhett Fussell, Eryn Learned, Dennis Montalbano, Iris Sheehan, Douglas Sheets. (Terrell, Beth) Modified on 2/13/2023 (Donati, J). |
| Filing 27 NOTICE of APPEARANCE by Kristin Kemnitzer on behalf of Eryn Learned. Attorney Kemnitzer, Kristin added. (Kemnitzer, Kristin) |
| Filing 26 NOTICE of APPEARANCE by Adam McNeile on behalf of Eryn Learned. Attorney McNeile, Adam added. (McNeile, Adam) |
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Filing 25
RELATED CASE ORDER signed by District Judge Dale A. Drozd on 01/12/23 RELATING cases 2:23-mc-0005 KJN, 2:21-cv-1960 DAD JDP, 2:22-mc-0364 DAD JDP, 2:22-cv-2283 DAD JDP. This related case is REASSIGNED to District Judge Dale A. Drozd and Magistrate Judge Jeremy D. Peterson for all further proceedings; any dates currently set in this case are VACATED; Magistrate Judge Kendall J. Newman is no longer assigned to case; the case number on all future filings shall be: 2:23-mc-0005 DAD JDP (cc: KJN). (Benson, A.)
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| Filing 24 NOTICE to Attorney Adam J. Schwartz, NCAED is DIRECTED to register for admission to the Eastern District of California. Please visit PACER.gov for admission. (Flores, E) |
| Filing 23 CASE TRANSFERRED IN from District of California Central; Case Number 8:22-mc-00026. |
| NEW MISCELLANEOUS CASE FILED Motion to Quash Subpoena. (Flores, E) |
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Filing 22
ORDER TRANSFERRING SUBPOENA-RELATED ACTION TO THE ISSUING COURT PURSUANT TOFED. R. CIV. P. 45(f) by Magistrate Judge Karen E. Scott. re: #21 Joint STIPULATION to Transfer Case to United States District Court for the Eastern District of California. Original case electronically transferred. (MD JS-6. Case Terminated.) (es) [Transferred from cacd on 1/9/2023.]
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| Filing 21 Joint STIPULATION to Transfer Case to United States District Court for the Eastern District of California filed by Plaintiffs Rhett Fussell, Eryn Learned, Dennis Montalbano, Iris Sheehan, Douglas Sheets. (Attachments: #1 Proposed Order)(Terrell, Beth) [Transferred from cacd on 1/9/2023.] |
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Filing 19
Text Only Order GRANTING APPLICATION of Non-Resident Attorney Jennifer Rust Murray to Appear Pro Hac Vice on behalf of Plaintiff Eryn Learned #18 by Judge John W. Holcomb. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY[Transferred from cacd on 1/9/2023.]
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| Filing 18 APPLICATION of Non-Resident Attorney Jennifer Rust Murray to Appear Pro Hac Vice on behalf of Plaintiff Eryn Learned (Pro Hac Vice Fee - $500.00 Previously Paid on 12/8/2022, Receipt No. 34445296) filed by Plaintiff Eryn Learned. (Attachments: #1 Proposed Order) (Schwartz, Adam) [Transferred from cacd on 1/9/2023.] |
| Filing 20 MINUTES OF Hearing on Motion Related to a Subpoena from Another District (Dkt. 1) held before Magistrate Judge Karen E. Scott: Case is called. Counsel state their appearances on the record. Oral arguments are heard. The Court takes the Motion under submission. Court Reporter: CS 12/15/22. (es) [Transferred from cacd on 1/9/2023.] |
| Filing 17 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jennifer Rust Murray to Appear Pro Hac Vice on behalf of Plaintiffs Rhett Fussell, Eryn Learned (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34445296) #16 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. Other error(s) with document(s): WA is not current. (lt) [Transferred from cacd on 1/9/2023.] |
| Filing 16 APPLICATION of Non-Resident Attorney Jennifer Rust Murray to Appear Pro Hac Vice on behalf of Plaintiffs Rhett Fussell, Eryn Learned (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34445296) filed by Defendants Rhett Fussell, Eryn Learned. (Attachments: #1 Proposed Order) (Schwartz, Adam) [Transferred from cacd on 1/9/2023.] |
| Filing 15 SCHEDULING NOTICE by Magistrate Judge Karen E. Scott re MOTION RELATED TO A SUBPOENA FROM ANOTHER DISTRICT #1 . The Court hereby schedules a Telephonic Discovery Conference for 12/15/2022 at 9:30 a.m. The call-in number is 877-848-7030, and the access code is 7771217. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jdo) TEXT ONLY ENTRY [Transferred from cacd on 1/9/2023.] |
| Filing 14 REPLY to The McClatchy Company, LLC's Motion to Quash Subpoena to Alorica, Inc. filed by Defendant The McClatchy Company, LLC. (Attachments: #1 Declaration of Amy Pierce, Esq., #2 Declaration of Maria Ravera)(Pierce, Amy) [Transferred from cacd on 1/9/2023.] |
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Filing 13
SCHEDULING NOTICE AND ORDER REFERRING MATTER TO MAGISTRATE JUDGE by Judge John W. Holcomb: The Court has reviewed the Motion Related to a Subpoena from Another District filed on November 8, 2022 [ECF No. 1]. This matter is hereby REFERRED to Magistrate Judge Karen E. Scott in accordance with General Order 05-07. The hearing set for December 16, 2022, before Judge John W. Holcomb is VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY [Transferred from cacd on 1/9/2023.]
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| Filing 12 DECLARATION of Jennifer Rust Murray re Response, #11 filed by Plaintiffs Rhett Fussell, Robert Kelly, Eryn Learned, Dennis Montalbano, Iris Sheehan, Douglas Sheets, Kerry Wano. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Terrell, Beth) [Transferred from cacd on 1/9/2023.] |
| Filing 11 RESPONSE filed by Plaintiffs Rhett Fussell, Robert Kelly, Eryn Learned, Dennis Montalbano, Iris Sheehan, Douglas Sheets, Kerry Wanoto MISC - Motion Related to Subpoena from Another District, #1 (Attachments: #1 Proposed Order)(Terrell, Beth) [Transferred from cacd on 1/9/2023.] |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Beth E. Terrell counsel for Plaintiffs Rhett Fussell, Robert Kelly, Eryn Learned, Dennis Montalbano, Iris Sheehan, Douglas Sheets, Kerry Wano. Adding Beth E. Terrell as counsel of record for Respondents Eryn Learned, Rhett Fussell, Dennis Montalbano, Iris Sheehan and Douglas Sheets for the reason indicated in the G-123 Notice. Filed by Respondents Eryn Learned, Rhett Fussell, Dennis Montalbano, Iris Sheehan, Douglas Sheets. (Attorney Beth E. Terrell added to party Robert Kelly(pty:pla), Attorney Beth E. Terrell added to party Kerry Wano(pty:pla))(Terrell, Beth) [Transferred from cacd on 1/9/2023.] |
| Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Adam J. Schwartz counsel for Plaintiffs Rhett Fussell, Eryn Learned, Dennis Montalbano, Iris Sheehan, Douglas Sheets. Filed by Respondents Eryn Learned. (Attorney Adam J. Schwartz added to party Rhett Fussell(pty:pla), Attorney Adam J. Schwartz added to party Eryn Learned(pty:pla), Attorney Adam J. Schwartz added to party Dennis Montalbano(pty:pla), Attorney Adam J. Schwartz added to party Iris Sheehan(pty:pla), Attorney Adam J. Schwartz added to party Douglas Sheets(pty:pla))(Schwartz, Adam) [Transferred from cacd on 1/9/2023.] |
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Filing 8
ORDER GRANTING JOINT STIPULATION REGARDING CONTINUANCE OF DEFENDANTS MOTION TO QUASH SUBPOENA TO ALORICA, INC. by Judge John W. Holcomb. The hearing on Defendant's Motion currently set for December 9, 2022, is CONTINUED to December 16, 2022, at 9:00 a.m. Plaintiffs' Opposition to the Motion shall be filed no later than November 28, 2022. Defendants reply in support of its Motion shall be filed no later than December 2, 2022. IT IS SO ORDERED. (yl) [Transferred from cacd on 1/9/2023.]
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| Filing 7 STIPULATION for Extension of Time to File CONTINUANCE OF DEFENDANTS MOTION TO QUASH SUBPOENA TO ALORCIA, INC. filed by Plaintiffs Eryn Learned, Rhett Fussell, Dennis Montalbano, Iris Sheehan, Douglas Sheets. (Attachments: #1 Proposed Order)(Attorney Beth E. Terrell added to party Eryn Learned(pty:pla), Attorney Beth E. Terrell added to party Rhett Fussell(pty:pla), Attorney Beth E. Terrell added to party Dennis Montalbano(pty:pla), Attorney Beth E. Terrell added to party Iris Sheehan(pty:pla), Attorney Beth E. Terrell added to party Douglas Sheets(pty:pla))(Terrell, Beth) [Transferred from cacd on 1/9/2023.] |
| Filing 6 Notice of Hearing filed by Defendant The McClatchy Company, LLC. (Pierce, Amy) [Transferred from cacd on 1/9/2023.] |
| Filing 5 NOTICE OF HEARING on MOTION RELATED TO A SUBPOENA FROM ANOTHER DISTRICT by Clerk of Court. Counsel is hereby notified that the MISC - Motion Related to Subpoena from Another District, #1 is set for hearing. Motion set for hearing on 12/9/2022 at 09:00 AM before Judge John W. Holcomb. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (et) TEXT ONLY ENTRY [Transferred from cacd on 1/9/2023.] |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Karen E. Scott. (et) [Transferred from cacd on 1/9/2023.] |
| Filing 3 NOTICE of New Case Number and Judge Assignment by Clerk. This case is hereby converted from case type CV to case type MC because the incorrect case type was used at case opening. A new case number has therefore been assigned to this case. District Judge John W. Holcomb and Magistrate Judge Karen E. Scott are assigned to this new case number. All future documents must be filed under the new case number, which is 8:22-mc-00026-JWH (KESx). The previous case number, 8:22-cv-02041, is hereby terminated. (et) [Transferred from cacd on 1/9/2023.] |
| Filing 2 CERTIFICATE OF SERVICE filed by Defendant The McClatchy Company, LLC, re MISC - Motion Related to Subpoena from Another District, #1 served on 11/8/2022. (Pierce, Amy) [Transferred from cacd on 1/9/2023.] |
| Filing 1 MOTION RELATED TO A SUBPOENA FROM ANOTHER DISTRICT Receipt No: ACACDC-34291132 - Fee: $49, filed by Defendant The McClatchy Company, LLC. (Attachments: #1 Memorandum, #2 Request for Judicial Notice, #3 Declaration of Amy L. Pierce, Esq., #4 Proposed Order) (Attorney Amy L Pierce added to party The McClatchy Company, LLC(pty:dft))(Pierce, Amy) [Transferred from cacd on 1/9/2023.] |
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