SMARTMATIC USA CORP. et al v. HERRING NETWORKS, INC.
| SMARTMATIC USA CORP., SMARTMATIC INTERNATIONAL HOLDING B.V. and SGO CORPORATION LIMITED |
| HERRING NETWORKS, INC. doing business as ONE AMERICA NEWS NETWORK |
| 1:2023mc00134 |
| December 6, 2023 |
| US District Court for the District of Columbia |
| Carl J Nichols |
| Moxila A Upadhyaya |
| Reggie B Walton |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on February 3, 2024. A more recent docket listing may be available from PACER.
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| Filing 12 NOTICE of Appearance by R. Trent McCotter on behalf of HERRING NETWORKS, INC. (McCotter, R. Trent) |
| CASE DIRECTLY REFERRED to Magistrate Judge Moxila A. Upadhyaya for resolution of all discovery disputes. (zrtw) |
MINUTE ORDER. It is ORDERED that this matter be referred to Magistrate Judge Upadhyaya for resolution of all discovery disputes. So ORDERED by Judge Carl J. Nichols on January 31, 2024. (lccjn2)
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| Filing 11 Case directly reassigned to Judge Carl J. Nichols as there is an earlier related cae. Judge Reggie B. Walton is no longer assigned to the case. (rj) |
| Filing 10 Case transferred in from District of New York Southern; Case Number 1:23-mc-00454. Original file ,transfer order and docket sheet received. |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for John Kiley Edwards to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28626804. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida 850-488-0125. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) [Transferred from New York Southern on 12/12/2023.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Bethany P. Shah to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28627174. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) [Transferred from New York Southern on 12/12/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Columbia.(ks) [Transferred from New York Southern on 12/12/2023.] |
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Filing 9
ORDER: Accordingly, the Court "concludes that the judicial economy and consistency considerations outweigh any potential burden that a transfer may place on [Respondent]." Drummond Co., Inc. v. VICE Media LLC, No. 21 Misc. 859 (AJN), 2022 WL 445681, at *3 (S.D.N.Y. Feb. 14, 2022) (transferring motion to compel pursuant to Rule 45 in light of the complex discovery sought and the fact that the court adjudicating the underlying action had already ruled on related discovery issues and was familiar with the facts of the action and their relation to the subpoena). For the foregoing reasons, the Clerk of Court is directed to transfer this case to the United States District Court for the District of Columbia, to terminate all pending motions, and to close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/29/2023) (ks) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/12/2023.]
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| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John Kiley Edwards to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28626804. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HERRING NETWORKS, INC.. (Attachments: #1 Affidavit Affidavit Supporting Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Exhibit Certificate of Good Standing, #5 Proposed Order Proposed Order).(Edwards, John) Modified on 12/1/2023 (sgz). [Transferred from New York Southern on 12/12/2023.] |
| Filing 7 MOTION for Bethany P. Shah to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28627174. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HERRING NETWORKS, INC.. (Attachments: #1 Affidavit of Bethany Shah, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Proposed Order Granting Pro Hac Vice).(Shah, Bethany) [Transferred from New York Southern on 12/12/2023.] |
| Filing 6 NOTICE OF APPEARANCE by Charles L. Babcock, IV on behalf of HERRING NETWORKS, INC...(Babcock, Charles) [Transferred from New York Southern on 12/12/2023.] |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #5 Proposed Order was reviewed and approved as to form. (tp) [Transferred from New York Southern on 12/12/2023.] |
| Case Designated ECF. (vba) [Transferred from New York Southern on 12/12/2023.] |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE MISCELLANEOUS COVER SHEET. Notice to Attorney Joel Glover. Attorney must electronically file the Miscellaneous Cover Sheet. Use the event type Miscellaneous Cover Sheet found under the event list Other Documents. (vba) [Transferred from New York Southern on 12/12/2023.] |
| MISCELLANEOUS CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://https://nysd.uscourts.gov/rules/ecf-related-instructions. .(vba) [Transferred from New York Southern on 12/12/2023.] |
| Filing 5 PROPOSED ORDER. Document filed by HERRING NETWORKS, INC.. Related Document Number: #3 ..(Glover, Joel) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 12/12/2023.] |
| Filing 4 MEMORANDUM OF LAW in Support re: #3 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel SEC Newgate US LLC to produce documents pursuant to Rule 45 Subpoena . Other Court Name: United States District Court - District of Columbia. Other Court Case Number: 1:21-cv-2900 . Document filed by HERRING NETWORKS, INC.. (Attachments: #1 Exhibit Ex. A - Shah Decl., #2 Exhibit Ex. B - Docs Subpoena, #3 Exhibit Ex. C - Depo Subpoena, #4 Exhibit Ex. D - Email Correspondence re Deadlines, #5 Exhibit Ex. E - SEC Newgate's Responses and Objections, #6 Exhibit Ex. F - Emails Correspondence re 3rd party subpoenas, #7 Exhibit Ex. G - OAN's Proposed Search Terms).(Glover, Joel) [Transferred from New York Southern on 12/12/2023.] |
| Filing 3 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel SEC Newgate US LLC to produce documents pursuant to Rule 45 Subpoena . Other Court Name: United States District Court - District of Columbia. Other Court Case Number: 1:21-cv-2900 (CJN). (Filing Fee $ 49.00, Receipt Number ANYSDC-28608349)Document filed by HERRING NETWORKS, INC..(Glover, Joel) [Transferred from New York Southern on 12/12/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT MISCELLANEOUS PLEADING. Notice to Attorney Joel Glover to RE-FILE Document No. #1 MOTION to Compel SEC Newgate US LLC to produce documents pursuant to Rule 45 Subpoena .. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; the $49.00 filing fee was not paid. Re-file the pleading using the event type Motion to Compel found under the event list Miscellaneous Case Initiating Documents - attach the correct signed PDF - select the individually named filer/filers. If the deficiency/deficiencies are not corrected within five (5) days per Standing Order 17-mc-00201 this case will be administratively closed.. Initial Pleading due by 11/27/2023. (vba) [Transferred from New York Southern on 12/12/2023.] |
| Filing 2 MEMORANDUM OF LAW in Support re: #1 MOTION to Compel SEC Newgate US LLC to produce documents pursuant to Rule 45 Subpoena . . Document filed by HERRING NETWORKS, INC.. (Attachments: #1 Exhibit Ex. A - Shah Decl., #2 Exhibit Ex. B - Docs Subpoena, #3 Exhibit Ex. C - Depo Subpoena, #4 Exhibit Ex. D - Email Correspondence re Deadlines, #5 Exhibit Ex. E - SEC Newgate's Responses and Objections, #6 Exhibit Ex. F - Emails Correspondence re 3rd party subpoenas, #7 Exhibit Ex. G - OAN's Proposed Search Terms, #8 Proposed Order proposed order).(Glover, Joel) [Transferred from New York Southern on 12/12/2023.] |
| Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel SEC Newgate US LLC to produce documents pursuant to Rule 45 Subpoena . Document filed by HERRING NETWORKS, INC...(Glover, Joel) Modified on 11/22/2023 (vba). [Transferred from New York Southern on 12/12/2023.] |
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