Nunes v. Lizza et al
| Devin G Nunes, NuStar Farms, LLC, Anthony Nunes, Jr and Anthony Nunes, III |
| Hearst Magazines, Inc, Ryan Lizza and Hearst Magazine Media, Inc |
| Eugene Volokh |
| 5:2019cv04064 |
| September 30, 2019 |
| US District Court for the Northern District of Iowa |
| Mark A Roberts |
| CJ Williams |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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Filing 85
TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Pretrial Conference set for 4/17/2023 08:30 AM in Sioux City before Judge CJ Williams. Jury Trial set for 4/17/2023 09:00 AM in Sioux City before Judge CJ Williams. Telephonic Final Pretrial Conference set for 4/3/2023 09:00 AM before Judge CJ Williams. Proposed Pretrial Order due by 3/30/2023. Signed by Judge CJ Williams on 2/14/2022. (jag)
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Filing 84
SCHEDULING Order and Discovery Plan: Add Parties Deadline due by 3/25/2022. Amended Pleadings due by 3/25/2022. Plaintiffs Expert Witness due by 6/24/2022. Defendants Expert Witnesses due by 7/25/2022. Plaintiffs Rebuttal Experts due by 8/25/2022. (See text of Order). Discovery due by 9/23/2022. Motions due by 10/25/2022. Trial Ready Deadline 4/3/2023. Signed by Magistrate Judge Mark A Roberts on 2/14/2022. (jjh)
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Filing 83
ORDER Consolidating Cases: These two cases are consolidated for all purposes, with Case No. 19-cv-4064 as the lead case. All further filings should be made in the lead case; however, both case numbers should be shown in the caption. A separate scheduling order will follow, as well as a separate trial management order. Signed by Magistrate Judge Mark A Roberts on 2/1/2022. Associated Cases: 5:19-cv-04064-CJW-MAR, 5:20-cv-04003-CJW-MAR (skm)
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Filing 82
PROTECTIVE Order granting #78 Joint Motion for Protective Order. Signed by Magistrate Judge Mark A Roberts on 1/27/2022. (des)
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Filing 81
PLAINTIFFS' Brief re #71 Order (Devin Nunes' Resistance and Opposition to Consolidation) by Devin G Nunes (Biss, Steven)
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Filing 80
DEFENDANTS' Brief Regarding a Joint Trial in the Nunes and NuStar Cases by Hearst Magazine Media, Inc, Ryan Lizza (Attachments: #1 Declaration of Nathaniel S. Boyer, #2 Exhibit A, #3 Exhibit B) Associated Cases: 5:20-cv-04003-CJW-MAR, 5:19-cv-04064-CJW-MAR (Boyer, Nathaniel)
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Filing 79
PROPOSED Scheduling Order and Discovery Plan (Joint) by Defendants Hearst Magazine Media, Inc, Ryan Lizza (Boyer, Nathaniel)
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Filing 78
JOINT MOTION for Protective Order by Defendants Hearst Magazine Media, Inc, Ryan Lizza (Attachments: #1 Proposed Protective Order) (Boyer, Nathaniel)
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Filing 77
TEXT ORDER ONLY granting #74 , #75 , and #76 Motions for Leave to Appear Pro Hac Vice for Attorneys Nina Shah, Sarah S. Park, and Kristen L. Hauser on behalf of Defendants Ryan Lizza and Hearst Magazine Media, Inc. Upon review of the Motions and the Certificates of Good Standing, the court finds the Motions should be granted. Signed by Clerk on 1/20/2022. (jag)
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Filing 76
MOTION for Leave to Appear Pro Hac Vice for Attorney Kristen L. Hauser ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3605553) by Defendants Hearst Magazine Media, Inc, Ryan Lizza (Attachments: #1 Certificate of Good Standing) (Hauser, Kristen)
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Filing 75
MOTION for Leave to Appear Pro Hac Vice for Attorney Sarah S. Park ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3605543) by Defendants Hearst Magazine Media, Inc, Ryan Lizza (Attachments: #1 Certificate of Good Standing) (Park, Sarah)
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Filing 74
MOTION for Leave to Appear Pro Hac Vice for Attorney Nina N. Shah ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3605470) by Defendants Hearst Magazine Media, Inc, Ryan Lizza (Attachments: #1 Certificate of Good Standing) (Shah, Nina)
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Filing 73
ANSWER to #23 Amended Complaint by Hearst Magazine Media, Inc, Ryan Lizza.(Donnellan, Jonathan)
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Filing 72
MINUTE Entry for proceedings held before Magistrate Judge Mark A Roberts: Telephonic Status Conference held on 1/11/2022. Official Court Record: FTR Gold (jag)
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Filing 71
ORDER Regarding Consolidation: The parties shall file their joint or separate proposed scheduling orders and discovery plans in each case by January 25, 2022. The parties shall meet and confer regarding the possibility of consolidating the cases. If the parties can reach an agreement regarding consolidation, they shall alert my chambers by January 25, 2022. If the parties cannot reach an agreement regarding consolidation, the parties deadline to file a brief in support of their position is January 25, 2022. Signed by Magistrate Judge Mark A Roberts on 1/12/22. Associated Cases: 5:19-cv-04064-CJW-MAR, 5:20-cv-04003-CJW-MAR (ksy)
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Filing 70
ORDER Setting Hearing. Telephonic Status Conference set for 1/11/2022 03:30 PM CDT before Magistrate Judge Mark A Roberts. Counsel will receive dial-in instructions via email. Failure to appear for this hearing could result in sanctions by the court. Signed by Magistrate Judge Mark A Roberts on 1/6/2022. (jag)
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Filing 69
MANDATE of USCA as to #55 Notice of Appeal filed by Devin G Nunes. In accordance with the #60 opinion and #61 judgment of 09/15/2021, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (jag)
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Filing 68
ORDER of USCA as to #55 Notice of Appeal filed by Devin G Nunes. The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. Judge Stras did not participate in the consideration or decision of this matter. (jag)
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Filing 67
ORDER of USCA as to #55 Notice of Appeal filed by Devin G Nunes. The motion for reconsideration is denied. (jag)
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Filing 66
ORDER of USCA as to #55 Notice of Appeal filed by Devin G Nunes. The order entered on 11/3/2021, is withdrawn. The motion for leave to file an amicus brief in support of rehearing is denied. See 8th Cir. R. 29A(a). (jag)
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Filing 65
(WITHDRAWN) ORDER of USCA as to #55 Notice of Appeal filed by Devin G Nunes. The motion for leave to file an amicus brief in support of Appellees' petition forrehearing en banc is granted. (jag)
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Filing 64
SUPPLEMENTAL Record on Appeal transmitted to US Court of Appeals Notice of Appeal filed 8/14/2020 #55 . Appeals court case number: 20-2710. Notification to print: #62 Notice of Appearance, #63 Notice of Withdrawal of Attorney. (kms)
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Filing 63
NOTICE of Withdrawal of Attorney Joseph M Feller on behalf of Devin G Nunes (Feller, Joseph)
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Filing 62
NOTICE of Appearance by William F McGinn on behalf of Devin G Nunes. (McGinn, William)
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Filing 61
JUDGMENT of USCA as to #55 Notice of Appeal filed by Devin G Nunes: The judgment of the district court in this cause is affirmed in part, reversed in part, and remanded to the district court for proceedings consistent with #60 opinion of this court. (sgw)
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Filing 60
OPINION of USCA as to #55 Notice of Appeal filed by Devin G Nunes: The judgment of the district is affirmed in part and reversed in part. We remand for further proceedings on Nunes's claim alleging defamation by implication, and the related claim alleging a common-law conspiracy, as to the publication of 11/20/2019. (Attachments: #1 USCA Letter to Counsel, #2 USCA Letter to Publishing)(sgw)
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Filing 59
CLERK'S Certified and Transmitted Record on Appeal to US Court of Appeals re #55 Notice of Appeal. (kms)
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Filing 58
COURTESY Notice of Documents from the 8th Circuit Court of Appeals #55 Notice of Appeal. (Attachments: #1 USCA Cover Letter)(kms)
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Filing 57
USCA Case Number 20-2710 for #55 Notice of Appeal filed by Devin G Nunes. Transcript due by 9/28/2020. (Attachments: #1 USCA Briefing Schedule)(kms)
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Filing 56
NOA Supplement and Transmission of Notice of Appeal to US Court of Appeals re #55 Notice of Appeal. Case Number due by 8/20/2020. (jag)
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Filing 55
NOTICE of Appeal as to #53 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Strike, #54 Clerk's Judgment by Devin G Nunes. Filing fee $ 505, receipt number AIANDC-3265607. (Biss, Steven)
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Filing 54
JUDGMENT in favor of Hearst Magazine Media, Inc, Hearst Magazines, Inc, Ryan Lizza against Devin G Nunes. Signed by Clerk on 8/5/2020. (jag)
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Filing 53
MEMORANDUM OPINION AND ORDER granting #34 Motion to Dismiss for Failure to State a Claim; denying to the extent the motion asserts a special motion to strike and seeks attorneys' fees and costs; and denying as moot to the extent it seeks to strike plaintiff's allegations under Rule 12(f). This case is dismissed with prejudice. Signed by Judge CJ Williams on 8/5/2020. (jag)
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Filing 52
ORDER granting #49 Motion for Extension of Time of the Temporary Stay of Discovery by Two Months: Discovery is stayed until a ruling by the district court on Defendants #34 motion to dismiss. Signed by Magistrate Judge Mark A Roberts on 7/9/2020. (skm)
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Filing 51
MINUTE Entry for proceedings held before Magistrate Judge Mark A Roberts: Telephonic Status Conference held on 7/7/2020. (Official Court Record: FTR Gold) (jag)
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Filing 50
ORDER Setting Hearing: Status Conference set for 7/7/2020 at 01:30 PM by Telephone before Magistrate Judge Mark A Roberts. Signed by Magistrate Judge Mark A Roberts on 6/29/2020. (jjh)
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Filing 49
MOTION for Extension of Time of the Temporary Stay of Discovery by Two Months by Defendants Hearst Magazine Media, Inc, Ryan Lizza (Attachments: #1 Exhibit A, #2 Exhibit B) (Donnellan, Jonathan)
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Filing 48
NOTICE of Filing of Electronic Transcript- Administrative Order attached: Please read for instructions for actions parties/counsel may be required to take re (31 in 5:20-cv-04003-CJW-MAR, 47 in 5:19-cv-04064-CJW-MAR) Transcript. Associated Cases: 5:19-cv-04064-CJW-MAR, 5:20-cv-04003-CJW-MAR (kms)
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Filing 47
NOTICE of Filing of Official Transcript of Motion to Dismiss Proceedings held on 4/24/2020 before Judge C.J. Williams. Court Reporter Patrice Murray, Telephone number 319-286-2338. Transcript may be viewed at the court public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter, the Clerk of Court's office, or PACER. Redaction Request due 7/8/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/15/2020. AssociatedCases: 5:19-cv-04064-CJW-MAR, 5:20-cv-04003-CJW-MAR (kms)
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Filing 46
MINUTE Entry for proceedings held before Judge CJ Williams: Motion Hearing held on 4/24/2020 re #34 Motion to Dismiss for Failure to State a Claim and Motion to Strike #23 Amended Complaint: Ruling reserved, Order to follow (Official Court Record: Patrice Murray). (skm)
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Filing 45
ORDER granting #44 Unresisted Motion for Extending the Temporary Stay of Discovery by 30 Days filed by Hearst Magazine Media, Inc, Ryan Lizza. The temporary stay of discovery is extended 60 days to June 1, 2020. Signed by Magistrate Judge Mark A Roberts on 3/31/2020. (skm)
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Filing 44
UNRESISTED Motion for Extending the Temporary Stay of Discovery by 30 Days by Defendants Hearst Magazine Media, Inc, Ryan Lizza (Donnellan, Jonathan)
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Filing 43
REPLY to Response to Motion re #34 ORAL ARGUMENT REQUESTED - MOTION to Dismiss for Failure to State a Claim ORAL ARGUMENT REQUESTED - MOTION to Strike #23 Amended Complaint Pursuant to Cal. Civ. Proc. Code 425.16, and to Strike Pursuant to Fed. R. Civ. P. 12(f) filed by Hearst Magazine Media, Inc, Ryan Lizza. (Donnellan, Jonathan)
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Filing 42
ORDER Rescheduling Oral Argument to be Conducted Telephonically re #34 MOtion to Dismiss and Motion to Strike #23 Amended Complaint: Motion Hearing set for 4/24/2020 at 02:30 PM by Telephone before Judge CJ Williams. Signed by Judge CJ Williams on 3/17/2020. (jjh)
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Filing 41
ORDER granting #40 Motion for Leave to File Overlength Brief by Defendants Hearst Magazine Media, Inc, Ryan Lizza. Defendants may file an overlength reply brief limited to seven (7) pages on or before 3/20/2020. Signed by Judge CJ Williams on 3/11/2020. (jjh)
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Filing 40
MOTION for Leave to File Overlength Brief by Defendants Hearst Magazine Media, Inc, Ryan Lizza (Attachments: #1 Exhibit A - Reply Brief in Further Support of Motion to Dismiss and Strike) (Donnellan, Jonathan)
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Filing 39
ORDER Setting Hearing re #34 MOTION to Dismiss for Failure to State a Claim and Motion to Strike #23 Amended Complaint: Oral Argument Hearing set for 4/24/2020 02:30 PM CST in Ctrm 3 (4th Floor) Cedar Rapids before Judge CJ Williams. Signed by Judge CJ Williams on 3/4/2020. (skm)
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Filing 38
RESISTANCE to Motion re #34 ORAL ARGUMENT REQUESTED - MOTION to Dismiss for Failure to State a Claim; MOTION to Strike #23 Amended Complaint Pursuant to Cal. Civ. Proc. Code 425.16; and to Strike Pursuant to Fed. R. Civ. P. 12(f) filed by Devin G Nunes. (Biss, Steven) Modified text on 3/4/2020 (kms).
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DOCKET Annotation re #34 Motion to Dismiss and #37 Brief in Support: Hard copy received in CR Clerks office (jjh)
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Filing 37
BRIEF in Support re #34 MOTION to Dismiss for Failure to State a Claim and MOTION to Strike #23 Amended Complaint filed by Defendants. (kms)
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Filing 36
ORDER granting #35 Motion for Leave to File Overlength Brief. Signed by Judge CJ Williams on 2/19/2020. (kms)
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Filing 35
UNRESISTED MOTION for Leave to File Overlength Brief by Defendants Hearst Magazine Media, Inc, Ryan Lizza (Attachments: #1 Exhibit A - Brief in Support of Motion to Dismiss and Strike) (Donnellan, Jonathan)
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Filing 34
ORAL ARGUMENT REQUESTED - MOTION to Dismiss for Failure to State a Claim and Motion to Strike #23 Amended Complaint Pursuant to Cal. Civ. Proc. Code 425.16, and to Strike Pursuant to Fed. R. Civ. P. 12(f) (Responses due by 3/3/2020) by Defendants Hearst Magazine Media, Inc, Ryan Lizza (Attachments: #1 Declaration of Ravi V. Sitwala, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Donnellan, Jonathan) Modified text on 3/4/2020 (skm).
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Filing 33
NOTICE of Appearance by Nathaniel S Boyer on behalf of Hearst Magazine Media, Inc. (Boyer, Nathaniel)
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Filing 32
NOTICE of Appearance by Ravi V Sitwala-2474262 on behalf of Hearst Magazine Media, Inc. (Sitwala-2474262, Ravi)
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Filing 31
CORPORATE Disclosure Statement by Hearst Magazine Media, Inc identifying Corporate Parent Hearst Communications, Inc., Corporate Parent Hearst Corporation for Hearst Magazine Media, Inc. (Donnellan, Jonathan)
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Filing 30
NOTICE of Appearance by Jonathan R Donnellan on behalf of Hearst Magazine Media, Inc. (Donnellan, Jonathan)
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Filing 29
NOTICE of Appearance by Susan Patricia Elgin on behalf of Hearst Magazine Media, Inc. (Elgin, Susan)
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Filing 28
NOTICE of Appearance by Nicholas A Klinefeldt on behalf of Hearst Magazine Media, Inc. (Klinefeldt, Nicholas)
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Filing 27
NOTICE of Appearance by Michael A Giudicessi on behalf of Hearst Magazine Media, Inc. (Giudicessi, Michael)
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Filing 26
ORDER granting #17 Motion to Stay. Defendants are given until 2/18/2020 to file any renewed motion to dismiss based on the Amended Complaint. See text of Order. Signed by Magistrate Judge Mark A Roberts on 2/4/2020. (jjh)
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Filing 25
NOTICE by Hearst Magazines, Inc, Ryan Lizza Notice of Firm Name Change and Email Contact Change (Giudicessi, Michael)
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Filing 24
ORDER denying as moot #15 Motion to Dismiss for Failure to State a Claim with leave to refile Rule 12 motions addressing plaintiffs' Amended Complaint. Signed by Judge CJ Williams on 2/3/2020. (kms)
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Filing 23
AMENDED Complaint With Jury Demand against Ryan Lizza, Hearst Magazine Media, Inc., filed by Devin G Nunes. (Biss, Steven)
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Filing 22
REPLY to Response to Motion re #17 MOTION to Stay Discovery and for Protective Order filed by Hearst Magazines, Inc, Ryan Lizza. (Donnellan, Jonathan)
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Filing 21
RESISTANCE to Motion re #17 MOTION to Stay Discovery and for Protective Order filed by Devin G Nunes. (Biss, Steven)
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Filing 20
MINUTE Entry for proceedings held before Magistrate Judge Mark A Roberts: Scheduling Conference held on 1/23/2020. (Official Court Record: FTR Gold) (kms)
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DOCKET Annotation re #15 MOTION to Dismiss for Failure to State a Claim and Motion to Strike #1 Complaint Pursuant to Cal. Civ. Proc. Code 425.16, and to Strike Pursuant to Fed. R. Civ. P. 12(f) and #19 Brief in Support of Motion: Hard copy received in CJW Chambers. (skm)
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Filing 19
BRIEF in Support of #15 Motion to Dismiss and to Strike #1 Complaint filed by Hearst Magazines, Inc, Ryan Lizza. (jjh)
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Filing 18
ORDER granting #16 Motion for Leave to File Overlength Brief by Defendants Hearst Magazines, Inc, Ryan Lizza. The Clerk of Court is directed to file the overlength brief attached at Doc. 16-1. Signed by Judge CJ Williams on 1/22/2020. (jjh)
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Filing 17
MOTION to Stay Discovery and for Protective Order by Defendants Hearst Magazines, Inc, Ryan Lizza (Attachments: #1 Brief, #2 Exhibit A) (Donnellan, Jonathan)
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Filing 16
UNRESISTED MOTION for Leave to File Overlength Brief by Defendants Hearst Magazines, Inc, Ryan Lizza (Attachments: #1 Exhibit A - Brief in Support of Motion to Dismiss and Strike) (Donnellan, Jonathan)
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Filing 15
ORAL ARGUMENT REQUESTED - MOTION to Dismiss re #1 Complaint Pursuant to Cal. Civ. Proc. Code 425.16, Motion to Strike Pursuant to Fed. R. Civ. P. 12(f) (Responses due by 2/4/2020) by Defendants Hearst Magazines, Inc, Ryan Lizza (Attachments: #1 Declaration of Ravi V. Sitwala, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Donnellan, Jonathan) Modified text on 1/23/2020 (skm).
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Filing 14
ORDER Setting Hearing: Scheduling Conference set for 1/23/2020 at 10:00 AM by Telephone before Magistrate Judge Mark A Roberts. Signed by Magistrate Judge Mark A Roberts on 1/10/2020. (jjh)
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Filing 13
CORPORATE Disclosure Statement by Hearst Magazines, Inc identifying Corporate Parent Hearst Corporation, Other Affiliate Hearst Magazine Media, Inc., Other Affiliate Hearst Magazines, Inc., Other Affiliate Hearst Communications, Inc. for Hearst Magazines, Inc. (Giudicessi, Michael)
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Filing 12
TEXT ORDER - This matter is before the court on #9 , #10 , and #11 Motions for Leave to Appear Pro Hac Vice for Attorneys Jonathan R. Donnellan, Nathaniel S. Boyer, and Ravi V. Sitwala on behalf of Defendants Hearst Magazines, Inc. and Ryan Lizza. Upon a review of the Motions and Certificates of Good Standing, the court finds the Motions should be granted. Pacer Registration due by 1/13/2020. Signed by Clerk on 12/30/2019. (NEF and Pacer Registration instructions e-mailed to Attorneys Donnellan, Boyer, and Sitwala) (mmc)
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Filing 11
MOTION for Leave to Appear Pro Hac Vice for Attorney Ravi V. Sitwala ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3092242) by Defendants Hearst Magazines, Inc, Ryan Lizza (Attachments: #1 Certificate of Good Standing) (Giudicessi, Michael)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice for Attorney Nathaniel S. Boyer ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3092239) by Defendants Hearst Magazines, Inc, Ryan Lizza (Attachments: #1 Certificate of Good Standing) (Giudicessi, Michael)
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Filing 9
MOTION for Leave to Appear Pro Hac Vice for Attorney Jonathan R. Donnellan ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3092232) by Defendants Hearst Magazines, Inc, Ryan Lizza (Attachments: #1 Certificate of Good Standing) (Giudicessi, Michael)
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Filing 8
NOTICE of Appearance by Susan Patricia Elgin on behalf of All Defendants. (Elgin, Susan)
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Filing 7
NOTICE of Appearance by Nicholas A Klinefeldt on behalf of All Defendants. (Klinefeldt, Nicholas)
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Filing 6
NOTICE of Appearance by Michael A Giudicessi on behalf of All Defendants. (Giudicessi, Michael)
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Filing 5
WAIVER OF SERVICE Returned Executed by Devin G Nunes. All Defendants. (Biss, Steven)
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| Filing 4 TEXT ORDER - This matter is before the court on the #3 Motion for Leave to Appear Pro Hac Vice for Attorney Steven Scott Biss, on behalf of Plaintiff,Devin G Nunes. Upon a review of the Motion and the Certificate of Good Standing, the court finds the Motion should be granted. Signed by Clerk on 11/08/2019. NEF emailed to Attny Biss with link to CM-ECF sign up link. (src) |
| Filing 4 TEXT ORDER - This matter is before the court on the 3 Motion for Leave to Appear Pro Hac Vice for Attorney Steven Scott Biss, on behalf of Plaintiff,Devin G Nunes. Upon a review of the Motion and the Certificate of Good Standing, the court finds the Motion should be granted. Signed by Clerk on 11/08/2019. NEF emailed to Attny Biss with link to CM-ECF sign up link. (src) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice for Attorney Steven Scott Biss ( Pro Hac Vice Fee $ 100 receipt number 0862-3057701) by Plaintiff Devin G Nunes (Attachments: # 1 Exhibit Certificate of Good Standing) (Feller, Joseph) |
| Filing 1 COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 400 receipt number 0862-3031648.), filed by Devin G Nunes. Scheduling Report due by 12/30/2019 (Attachments: # 1 Civil Cover Sheet) (Feller, Joseph) |
| Case Assigned to Judge CJ Williams and Magistrate Judge Mark A Roberts. No conflicts identified with parties, and plaintiff's attorney. (src) |
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Case Assigned to Judge CJ Williams and Magistrate Judge Mark A Roberts. No conflicts identified with parties, and plaintiff's attorney. (src)
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