Nix et al v. ESPN, Inc. et al
| Neiman Nix and DNA Sports Performance Lab, Inc. |
| The Associated Press, Inc., USA Today and ESPN, Inc. |
| 1:2018cv22208 |
| June 4, 2018 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Ursula Ungaro |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on June 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 32 MANDATE of USCA, AFFIRMING judgment/order of the district court as to #28 Notice of Appeal, filed by DNA Sports Performance Lab, Inc., Neiman Nix, Date Issued: 6/13/19 ; USCA Case Number: 18-14107-DD (hh) |
| Filing 31 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #28 Notice of Appeal, Appeal No. 18-14107-DD. The entire record on appeal is available electronically. (hh) |
| Filing 30 TRANSCRIPT INFORMATION FORM by DNA Sports Performance Lab, Inc., Neiman Nix re #28 Notice of Appeal,. No Transcript Requested. (Kula, Elliot) |
| Filing 29 Acknowledgment of Receipt of NOA from USCA re #28 Notice of Appeal, filed by DNA Sports Performance Lab, Inc., Neiman Nix. Date received by USCA: 9/27/18. USCA Case Number: 18-14107-DD. (hh) |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #28 Notice of Appeal, Notice has been electronically mailed. (apz) |
| Filing 28 Notice of Appeal as to #27 Order on Motion to Dismiss,,,,, by DNA Sports Performance Lab, Inc., Neiman Nix. Filing fee $ 505.00 receipt number 113C-11028188. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Kula, Elliot) |
Filing 27
ORDER granting #10 Motion to Dismiss; granting #11 Motion to Dismiss. Closing Case. Motions Terminated: #11 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law filed by ESPN, Inc., USA Today, #10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law filed by The Associated Press, Inc.. Signed by Judge Ursula Ungaro on 8/30/2018. See attached document for full details. (vmz)
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Filing 26
ORDER Resetting The Initial Planning and Scheduling Conference, ( Scheduling Conference set for 9/7/2018 10:00 AM before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 8/27/2018. See attached document for full details. (vmz)
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| Filing 25 Joint SCHEDULING REPORT - Rule 26(f) by DNA Sports Performance Lab, Inc., Neiman Nix (Pollack, David) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Neiman Nix, DNA Sports Performance Lab, Inc.. USA Today waiver sent on 4/24/2018, answer due 6/25/2018. (Pollack, David) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Neiman Nix, DNA Sports Performance Lab, Inc.. ESPN, Inc. waiver sent on 4/24/2018, answer due 6/25/2018. (Pollack, David) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Neiman Nix, DNA Sports Performance Lab, Inc.. The Associated Press, Inc. waiver sent on 4/23/2018, answer due 6/22/2018. (Pollack, David) |
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Filing 21
Order Setting Initial Planning And Scheduling Conference, ( Scheduling Conference set for 8/31/2018 10:30 AM in Miami Division before Judge Ursula Ungaro.). -Joint Scheduling Report due by 8/17/2018 Signed by Judge Ursula Ungaro on 7/17/2018. See attached document for full details. (vmz) Modified text on 7/19/2018 (vmz).
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Filing 20
Order Setting Initial Planning And Scheduling Conference, ( Scheduling Conference set for 8/31/2018 10:30 AM in Miami Division before Judge Ursula Ungaro.). -Joint Scheduling Report due by 8/10/2018 Signed by Judge Ursula Ungaro on 7/18/2018. See attached document for full details. (vmz)
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| -Joint Scheduling Report due by 8/17/2018 Per DE #21 (vmz) |
| Filing 19 Notice of Supplemental Authority re #17 Response in Opposition to Motion,, by DNA Sports Performance Lab, Inc., Neiman Nix (Pollack, David) |
| Filing 18 REPLY to Response to Motion re #10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law, #11 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law filed by ESPN, Inc., The Associated Press, Inc., USA Today. (LoCicero, Carol) |
| Filing 17 RESPONSE in Opposition re #11 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law, #10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law filed by DNA Sports Performance Lab, Inc., Neiman Nix. Replies due by 6/29/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Pollack, David) |
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Filing 16
ORDER granting #12 Motion for Substitution of Counsel. Attorney David H. Pollack, LLC. added. Attorney Alex S. Hornik terminated. Signed by Judge Ursula Ungaro on 6/15/2018. (vmz)
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Filing 15
ORDER denying #13 Motion for Extension of Time to File Response/Reply/Answer ; denying #14 Motion for Extension of Time to File Response/Reply/Answer. Signed by Judge Ursula Ungaro on 6/18/2018. (lh)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law, #11 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law by DNA Sports Performance Lab, Inc., Neiman Nix. (Attachments: #1 Text of Proposed Order)(Pollack, David) |
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law, #11 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law by DNA Sports Performance Lab, Inc., Neiman Nix. (Pollack, David) |
| Filing 12 MOTION/Stipulation for Substitution of Counsel by David H. Pollack on behalf of DNA Sports Performance Lab, Inc., Neiman Nix instead of prior counsel of record Alex S. Hornik. . Attorney David H. Pollack added to party DNA Sports Performance Lab, Inc.(pty:pla), Attorney David H. Pollack added to party Neiman Nix(pty:pla). (Attachments: #1 Text of Proposed Order) (Pollack, David) Modified to convert document to a motion on 6/18/2018 (mc). |
| Filing 11 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law by ESPN, Inc., USA Today. Responses due by 6/22/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(LoCicero, Carol) |
| Filing 10 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint),, and Supporting Memorandum of Law by The Associated Press, Inc.. Responses due by 6/22/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(LoCicero, Carol) |
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Filing 9
ORDER denying #6 Motion for Extension of Time to File Answer. Signed by Judge Ursula Ungaro on 6/5/2018. (ail)
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| Filing 8 Clerks Notice of Docket Correction re 7 Order on Motion for Extension of Time to File Response/Reply/Answer. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case # 1:18-cv-22228-KMW. (vmz) |
| SYSTEM ENTRY - Docket Entry 7 [order] restricted/sealed until further notice. (vmz) |
| Filing 6 MOTION for Extension of Time to File Response/Reply/Answer as to #4 Order to Answer, Set Answer Due Deadline - Agreed by ESPN, Inc., The Associated Press, Inc., USA Today. (Attachments: #1 Text of Proposed Order Proposed order)(LoCicero, Carol) |
| Filing 5 NOTICE of Attorney Appearance by Allison Kirkwood Simpson on behalf of ESPN, Inc., The Associated Press, Inc., USA Today. Attorney Allison Kirkwood Simpson added to party ESPN, Inc.(pty:dft), Attorney Allison Kirkwood Simpson added to party The Associated Press, Inc.(pty:dft), Attorney Allison Kirkwood Simpson added to party USA Today(pty:dft). (Simpson, Allison) |
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Filing 4
Order Denying DE [1-2] Defendants Motion To Stay Discovery ;ORDER Requiring that Defendant SHALL respond to the Complaint no later Friday, June 8, 2018. Signed by Judge Ursula Ungaro on 6/5/2018. (vmz)
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| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (lh) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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. (lh) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Verified Complaint and Demand for Jury Trial) Filing fee $ 400.00 receipt number 113C-10704452, filed by The Associated Press, Inc., ESPN, Inc., USA Today, a Division of Gannett Satellite Information Network, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit State Court Complaint and other documents/Composite Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D)(LoCicero, Carol) Modified text on 6/4/2018 (lh). |
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