Klayman v. Infowars, LLC et al
| Larry Klayman |
| Infowars, LLC, Roger Stone, Owen Shroyer, David Jones, Alex E. Jones and Free Speech Systems, LLC |
| 0:2020cv61912 |
| September 18, 2020 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.
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Filing 45
PAPERLESS ORDER. As set forth at the status conference on November 12, 2020, Plaintiff shall file a report listing every case pending in state and federal court which relates to the same operative facts, defendants, or claims as in this action. Plaintiff shall file the report on or before November 25, 2020, and shall attach the operative complaint for each listed case as an exhibit. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 44 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 11/12/2020. Counsel for all parties present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hs01) |
| Filing 43 Defendant's RESPONSE to #35 Corrected MOTION Transfer Case to the U.S. District Court for the Western District of Texas by David Jones. (Attachments: #1 Text of Proposed Order)(Tache, Walter) |
| Filing 42 NOTICE of Attorney Appearance by Marissel Descalzo on behalf of David Jones. Attorney Marissel Descalzo added to party David Jones(pty:dft). (Descalzo, Marissel) |
| Filing 41 Clerks Notice to Filer re #37 Reply to Response to Motion. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (nc) |
| Filing 40 REPLY to Response to Motion re #14 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), and Failure to State a Claim filed by David Jones. (Tache, Walter) |
| Filing 39 REPLY to Response to Motion re #14 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), and Failure to State a Claim filed by Free Speech Systems, LLC, Infowars, LLC, Alex E. Jones, Owen Shroyer. (Randazza, Marc) |
| Filing 38 REPLY to #28 Response, (reply to ECF No. #28 filed by Roger Stone. (Attachments: #1 Exhibit Am. Complaint W.D. Tex, #2 Exhibit Motion to dismiss W.D. Tex)(Buschel, Robert) Modified document link on 11/10/2020 (kpe). |
| Filing 37 NOTICE OF WITHDRAWAL OF MOTION FOR REMAND AND REPLY to Response to Motion re #35 MOTION Transfer Case to the U.S. District Court for the Western District of Texas filed by Larry Klayman. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Klayman, Larry) Modified document link/text on 11/10/2020 (nc). |
| Filing 36 OPPOSITION to #35 Corrected MOTION Transfer Case to the U.S. District Court for the Western District of Texas filed by Free Speech Systems, LLC, Infowars, LLC, Alex E. Jones, Owen Shroyer. Replies due by 11/12/2020. (Randazza, Marc) Modified docket text on 11/6/2020 (nc). |
| Filing 35 Corrected MOTION Transfer Case to the U.S. District Court for the Western District of Texas by Larry Klayman. (Attachments: #1 Exhibit)(Klayman, Larry) |
| Filing 34 MOTION Transfer Case to the U.S. District Court for the Western District of Texas by Larry Klayman. (Klayman, Larry) |
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Filing 33
PAPERLESS ORDER Setting Status Conference: Telephonic Status Conference set for 11/12/2020, at 11:00 a.m. before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (hs01)
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Filing 32
PAPERLESS ORDER denying #30 Plaintiff Larry Klayman's Motion to Transfer to the United States District Court for the Western District of Texas. Plaintiff has failed to fully comply with S.D. Fla. L.R. 7.1(a)(3). Counsel shall identify with specificity the reasonable efforts to confer (including the date, time, and manner of each effort). The Motion is denied without prejudice. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 31 OPPOSITION to #14 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), and Failure to State a Claim filed by Larry Klayman. Replies due by 11/12/2020. (Klayman, Larry) Modified docket text on 11/5/2020 (nc). |
| Filing 30 MOTION Transfer Case to the U.S. District Court for the Western District of Texas by Larry Klayman. (Attachments: #1 Exhibit)(Klayman, Larry) |
| Filing 29 RESPONSE to Motion re #11 MOTION for Extension of Time to File Response/Reply/Answer as to #5 Notice (Other), Infowars Defendants' Motion to DIsmiss filed by Larry Klayman. Replies due by 11/9/2020. (Klayman, Larry) |
| Filing 28 RESPONSE to Motion re #11 MOTION for Extension of Time to File Response/Reply/Answer as to #5 Notice (Other), Defendant Stone's Motion to Dismiss filed by Larry Klayman. Replies due by 11/9/2020. (Klayman, Larry) |
| Filing 27 RESPONSE in Opposition re #17 MOTION to Remand to State Court filed by Roger Stone. Replies due by 11/6/2020. (Attachments: #1 Exhibit transcript July 18, 2019, #2 Exhibit transcript - in California, #3 Exhibit moving to California, #4 Exhibit Final judgment removal of tenant, #5 Exhibit voter registration info Florida, #6 Exhibit website Klayman law group, #7 Exhibit LinkedIn, #8 Exhibit Bundy documents, #9 Exhibit D.C Bar member result, #10 Exhibit Florida Bar member result, #11 Exhibit Notice of voluntary dismissal DDC, #12 Exhibit Fla. Dept. Ag. foreign registration Freedom Watch, #13 Exhibit CA statement of info Freedom Watch, #14 Exhibit pro hac petition Bundy case, #15 Exhibit Response to jurisdictional question, #16 Exhibit 11th Circuit, #17 Exhibit El Dorado County California grant deed, #18 Exhibit Wyoming LLC Salva Veritate, LLC, #19 Exhibit California 2019 Guidelines for determining residency status)(Buschel, Robert) |
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Filing 26
PAPERLESS ORDER granting #25 Motion for Extension of Time. Plaintiff shall respond to Defendants Infowars, LLC, Alex E. Jones, Owen Shroyer, and Free Speech Systems LLC's Motion to Dismiss [5-1] and Defendant Roger Stone's Motion to Dismiss the Complaint, Motion to Strike Complaint, and Motion for Sanctions [5-2] on or before November 2, 2020. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 25 MOTION for Extension of Time to File Response/Reply/Answer as to #5 Notice (Other), by Larry Klayman. (Klayman, Larry) |
| Filing 24 RESPONSE in Opposition re #18 MOTION Leave to Serve Defendant Stone One Day Late filed by David Jones. Replies due by 11/2/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tache, Walter) |
| Filing 23 RESPONSE in Opposition re #17 MOTION to Remand to State Court filed by David Jones. Replies due by 10/30/2020. (Tache, Walter) |
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Filing 22
PAPERLESS ORDER granting #21 Motion for Extension of Time. Plaintiff shall respond to Defendant David Jones' Motion to Dismiss #14 on or before November 5, 2020. Defendant David Jones shall file his reply in support of his Motion to Dismiss on or before November 19, 2020. Signed by Judge Darrin P. Gayles (hs01)
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| Reset Deadlines Per DE#22. Responses due by 11/5/2020 Replies due by 11/19/2020. (cqs) |
| Filing 21 Consent MOTION for Extension of Time to File Response/Reply/Answer as to #14 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), and Failure to State a Claim by Larry Klayman. (Klayman, Larry) |
| Filing 20 RESPONSE in Opposition re #17 MOTION to Remand to State Court filed by Free Speech Systems, LLC, Infowars, LLC, Alex E. Jones, Owen Shroyer. Replies due by 10/23/2020. (Randazza, Marc) |
| Filing 19 RESPONSE in Opposition re #18 MOTION Leave to Serve Defendant Stone One Day Late filed by Free Speech Systems, LLC, Infowars, LLC, Alex E. Jones, Owen Shroyer. Replies due by 10/23/2020. (Randazza, Marc) |
| Filing 18 MOTION Leave to Serve Defendant Stone One Day Late by Larry Klayman. (Attachments: #1 Exhibit)(Klayman, Larry) |
| Filing 17 MOTION to Remand to State Court by Larry Klayman. (Klayman, Larry) |
| Filing 16 NOTICE of Attorney Appearance by Robert Craig Buschel on behalf of Roger Stone. Attorney Robert Craig Buschel added to party Roger Stone(pty:dft). (Buschel, Robert) |
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Filing 15
PAPERLESS ORDER granting #13 Motion for Extension of Time. Plaintiff shall respond to Defendants Infowars, LLC, Alex E. Jones, Owen Shroyer, and Free Speech Systems LLC's Motion to Dismiss [5-1] and Defendant Roger Stone's Motion to Dismiss the Complaint, Motion to Strike Complaint, and Motion for Sanctions [5-2] on or before October 29, 2020. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 14 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), and Failure to State a Claim by David Jones. Responses due by 10/23/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Text of Proposed Order Proposed Order)(Tache, Walter) |
| Filing 13 Corrected MOTION for Extension of Time to File Response/Reply/Answer as to #5 Notice (Other), by Larry Klayman. (Klayman, Larry) |
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Filing 12
PAPERLESS ORDER denying #11 Plaintiff's Motion for a Short Extension of Time to Respond to Defendants' Motions to Dismiss. Plaintiff has failed to fully comply with S.D. Fla. L.R. 7.1(a)(3). Plaintiff shall identify with specificity the reasonable efforts to confer (including the date, time, and manner of each effort). The Motion is denied without prejudice. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 11 MOTION for Extension of Time to File Response/Reply/Answer as to #5 Notice (Other), by Larry Klayman. Attorney Larry Elliot Klayman added to party Larry Klayman(pty:pla). (Klayman, Larry) |
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Filing 10
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. David S. Wachen, may appear and participate in this action on behalf of Defendant David Jones. The Clerk shall provide electronic notification of all electronic filings to David S. Wachen, at david@wachenlaw.com. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David S. Wachen. Filing Fee $ 200.00 Receipt # AFLSDC-13577581 by David Jones. Responses due by 10/8/2020 (Attachments: #1 Certification of David S. Wachen, #2 Text of Proposed Order Proposed Order)(Tache, Walter) |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re 7 Order,,,,, by Owen Shroyer, Alex E. Jones, Free Speech Systems, LLC, Infowars, LLC. (Randazza, Marc) |
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Filing 7
PAPERLESS ORDER. This cause comes before the Court on a sua sponte review of the Notice of Removal and attached Complaint #1 . As the Eleventh Circuit has explained, "a limited liability company is a citizen of any state of which a member of the company is a citizen" and thus "[t]o sufficiently allege the citizenship of [an LLC], a party must list the citizenships of all members of the limited liability company." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). In the Notice of Removal, Defendants indicate that Infowars, LLC ("Infowars") and Free Speech Systems, LLC ("Free Speech Systems") are Texas corporations with their principal places of business in Texas. The Complaint alleges that both Infowars and Free Speech Systems are limited liability companies with principal offices in Texas. Without knowing the citizenship of the members of both Infowars and Free Speech Systems, the Court cannot ascertain whether there is complete diversity between the parties. Accordingly, on or before September 30, 2020, Defendants shall file a report with the Court indicating the citizenship of all of the members of both Infowars and Free Speech Systems. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 6 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01) |
| Filing 5 NOTICE by Free Speech Systems, LLC, Infowars, LLC, Alex E. Jones, Owen Shroyer Notice of Pending Motions (Attachments: #1 Exhibit 1 - Motion to Dismiss (Infowars et al), #2 Exhibit 2 - Motion to Dismiss (Stone)) (Randazza, Marc) |
| Filing 4 Corporate Disclosure Statement by Free Speech Systems, LLC, Infowars, LLC, Alex E. Jones, Owen Shroyer (Randazza, Marc) |
| Filing 3 Notice of Pending, Refiled, Related or Similar Actions by Free Speech Systems, LLC, Infowars, LLC, Alex E. Jones, Owen Shroyer (Randazza, Marc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-13549196, filed by Owen Shroyer, Alex E. Jones, Free Speech Systems, LLC, Infowars, LLC. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit 2 - David Jones Consent to Removal, #3 Civil Cover Sheet)(Randazza, Marc). No answer/motion to dismiss filed. Modified on 9/21/2020 (kpe). |
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