Nicholas Sandmann, et al v. WP Company LLC Featured Case

Attorneys for Nicholas Sandmann—a Kentucky high school student who appeared in a viral video that shows him in a Make America Great Again (MAGA) hat facing off with Omaha tribe elder Nathan Phillips at an Indigenous Peoples March—filed a lawsuit against the Washington Post, alleging that the newspaper "wrongfully targeted and bullied Nicholas because he was the white, Catholic student wearing a red 'Make America Great Again' souvenir cap on a school field trip to the January 18 March for Life in Washington, D.C." The lawsuit seeks compensatory and punitive damages.

Plaintiff: Nicholas Sandmann
Defendant: WP Company LLC and WP Company LLC doing business as The Washington Post
Case Number: 2:2019cv00019
Filed: February 19, 2019
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: William O Bertelsman
Referring Judge: Candace J Smith
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2020 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #81 Stipulation of Dismissal (ECO)
July 24, 2020 Filing 81 STIPULATION of Dismissal with Prejudice by Nicholas Sandmann. (McMurtry, Todd)
May 4, 2020 Opinion or Order Filing 80 VIRTUAL ORDER: granting 79 Motion of Kyle M. Winslow to Withdraw as Counsel of Record for Plaintiff, the requirements of Joint Local Civil Rule 83.6 having been satisfied. Following the Clerk's service of this Virtual Order, Attorney Winslow may be termed from the docket sheet and removed from the case service list. Signed by Magistrate Judge Candace J. Smith on 5/4/2020. (ECO)cc: COR
May 1, 2020 Filing 79 MOTION to Withdraw as Attorney by Nicholas Sandmann Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit A: Signed Consent, # 2 Proposed Order)(Winslow, Kyle)
May 1, 2020 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #79 MOTION to Withdraw as Attorney by Nicholas Sandmann (ECO)
February 24, 2020 Filing 78 STATUS REPORT by Nicholas Sandmann. (McMurtry, Todd)
February 24, 2020 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #78 Status Report re: #77 Order (ECO)
February 19, 2020 Opinion or Order Filing 77 ORDER: 1) Motion for Extension of Time 76 is GRANTED; 2) Plaintiff shall have up to 2/25/2020 to file Status Report. Signed by Judge William O. Bertelsman on 2/19/2020.(TJZ)cc: COR
February 18, 2020 Filing 76 MOTION for Extension of Time to File by Nicholas Sandmann Plaintiff's Status Report Regarding Additional Lawsuits (Attachments: # 1 Proposed Order Granting Extension of Time)(McMurtry, Todd) Modified text on 2/19/2020 (TJZ).
January 15, 2020 Filing 75 TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 1/7/2020 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 750-9440. Transcript ordered by: Plaintiff and Defendant. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 2/10/2020. Redacted Transcript Deadline set for 2/21/2020. Release of Transcript Restriction set for 4/17/2020.
January 15, 2020 Opinion or Order Filing 74 AGREED ORDER: 1. On or before Monday, February 17, 2020, Plaintiff shall file a status report advising the Court of any additional lawsuits that have been filed in this Court and any additional lawsuits that may be filed in this Court concerning the events of January 18, 2019, at the National Mall. 2. Pursuant to the agreement reached at the January 7, 2020, conference, Plaintiff shall endeavor in good faith to file any additional lawsuit(s) that he expects to file in this Court concerning a republication of the statements of Nathan Phillips that Plaintiff "blocked" Phillips and "would not allow him to retreat" on January 18, 2019 at the National Mall, on or before March9, 2020, without prejudice to Plaintiff's right to file additional lawsuits prior to the expiration of the applicable statute of limitations. 3. After responsive pleadings have been filed in any additional lawsuits that have been commenced, the parties will file a status report proposing a new date to hold a joint Rule 26(t) Conference. Signed by Judge William O. Bertelsman on 1/15/2020.(ECO)cc: COR
January 14, 2020 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #73 Proposed Agreed Order re #72 Minute Entry Order. (ECO)
January 13, 2020 Filing 73 Proposed Agreed Order by Nicholas Sandmann. (McMurtry, Todd)
January 8, 2020 Opinion or Order Filing 72 MINUTE ENTRY ORDER FOR SCHEDULING CONFERENCE held on 1/7/2020 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that: (1) The parties shall submit a proposed agreed order on or before Monday, January 13, 2020, setting forth a proposed timeline for plaintiff's filing of any additional suits in this Court; (2) On or before Tuesday, January 21, 2020, plaintiff and CNN shall file a joint status report advising the Court of how they propose to finalize their settlement and, given that plaintiff is a minor, what approval they will need to seek from this and any other Court; and (3) Completion of the scheduling conference and commencementof any discovery are hereby STAYED pending further order of the Court. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 1/8/2020. (ECO)cc: COR
January 3, 2020 Filing 71 JOINT REPORT of Rule 26(f) Planning Meeting. (McMurtry, Todd)
January 2, 2020 Opinion or Order Filing 70 ORDER: The parties Joint Motion 69 to extend time to submit Discovery Plans, and the same being well taken, the extension of time until Friday, January 3, 2020 is hereby GRANTED. Signed by Judge William O. Bertelsman on 1/2/2020.(ECO)cc: COR
December 31, 2019 Filing 69 JOINT MOTION for Extension of Time by Nicholas Sandmann to Submit Discovery Plans . (Attachments: # 1 Proposed Order Granting Extension to Submit Discovery Plans)(McMurtry, Todd) Modified text to take out referral language on 1/2/2020 (ECO).
December 11, 2019 Filing 68 ANSWER to 65 Amended Complaint,,, by WP Company LLC.(Breetz, Bethany)
November 7, 2019 Opinion or Order Filing 67 ORDER: That the motion 66 is GRANTED. That the currently scheduled SCHEDULING CONFERENCE shall now be held on JANUARY 7, 2020 at 01:00 PM. All other directives contained in the Court's Order (Doc 64 ) remain in place. Further, the Washington Post shall have up to and including December 11, 2019 to answer or otherwise respond to the Plaintiffs First Amended Complaint. Signed by Judge William O. Bertelsman on 11/7/2019.(ECO)cc: COR
November 6, 2019 Filing 66 JOINT MOTION to Continue by Nicholas Sandmann . (Attachments: # 1 Proposed Order Granting Motion to Continue)(McMurtry, Todd) Modified text to take out referral language on 11/7/2019 (ECO).
October 28, 2019 Filing 65 FIRST AMENDED COMPLAINT against WP Company LLC, filed by Nicholas Sandmann. (Attachments: # 1 Exhibit A-Nicholas' January 20 Statement, # 2 Exhibit B-Covington Diocese Statement, # 3 Exhibit C-GCI Investigative Report, # 4 Exhibit D-Covington Diocese Second Statement, # 5 Exhibit E-Fox40 Statement, # 6 Exhibit F-WaPo Editor's Note, # 7 Exhibit G-1-First Article, # 8 Exhibit G-2-Archived First Article, # 9 Exhibit H-Archived Second Article, # 10 Exhibit I-Third Article, # 11 Exhibit J-1-Archived Fourth Article, # 12 Exhibit J-2-Tweet to Fourth Article, # 13 Exhibit K-1-Archived Fifth Article, # 14 Exhibit K-2-Fifth Article, # 15 Exhibit K-3-Amended Fifth Article, # 16 Exhibit L-Sixth Article, # 17 Exhibit M-Archived Seventh Article, # 18 Exhibit N-The Tweets, # 19 Exhibit O-Retraction Demand). (Filed per Order DE 64 ).(ECO)
October 28, 2019 Opinion or Order Filing 64 ORDER: 1) The motion of the plaintiff for relief from judgment underRule 60, reconsideration of the Court's previous Order granting defendant's motion to dismiss under Rule 59, and for leave to amend the complaint 49 be, and is hereby, GRANTED IN PART AND DENIED IN PART, consistent with the above discussion; 2) The judgment 48 previously entered herein be, and ishereby, SET ASIDE AND HELD FOR NAUGHT; 3) The proposed First Amended Complaint ( 49 -2) shall be DEEMED FILED CONCURRENTLY HEREWITH; and 4) Pursuant to Fed. R. Civ. P. 26(f), a SCHEDULING CONFERENCE is hereby SET FOR TUESDAY, DECEMBER 3, 2019 AT 1:00 P.M. in the Court's third floor conference room. The parties must comply with all requirements of the Federal Rules of Civil Procedure in preparation for such conference. The Court will, inter alia, set discovery deadlines at this conference, resolve anyanticipated issues regarding discovery to the extent possible, and set a deadline for the filing of motions for summary judgment. The scheduling conference will also serve as a preliminary pretrial conference which will address the following: a. Will the defendant seek to file a third-partycomplaint against the other media entities or individuals who are alleged to have defamed plaintiff? See KRS 411.182, Fed. R. Civ. P. 14, 19? b. Should the cases now pending, or to be filed later, arising out of the same event be consolidated, as contemplated by KRS 411.182? c. Is the Court required to order the joinder of any parties under Fed. R. Civ. P. 19? d. The applicability, with regard to punitive damages, of Exxon Shipping Co. v. Baker, 554 U.S. 471 (2008); BMW of North America, Inc. v. Gore, 517 U.S. 559(196); and Clark v. Chrysler Corp., 436 F.3d 594 (6th Cir. 2006). Signed by Judge William O. Bertelsman on 10/28/2019.(ECO)cc: COR
October 28, 2019 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #58 Notice of Filing, (ECO)
October 25, 2019 Opinion or Order NOTICE OF DOCKET MODIFICATION TO Nicole Wade re #62 RESPONSE; Error: thereply to #58 was incorrectly filed using the event "response." Entry byattorney; Clerk modified the docket text of #62 to state, "incorrectly filed." Clerk filed the reply as #63 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (ECO)
October 24, 2019 Filing 63 REPLY to Response to Defendant's Notice of Filing Additional Video 61 to Plaintiff's Notice of Filing Exhibits (DVD's) 58 filed by Nicholas Sandmann. (Filed per QC DE 62 ). (ECO)
October 24, 2019 Filing 62 "INCORRECTLY FILED AS A RESPONSE to 61 Defendant's Notice of Filing Additional Video" filed by Nicholas Sandmann. (Wade, Nicole)"Please see docket entry # 63 for the CORRECT ENTRY for this document." Modified text to add Incorrectly Filed on 10/25/2019 (ECO).
October 23, 2019 Opinion or Order CONVENTIONAL FILING received on behalf of Defendant WP Company. Washington Post DVD Screenshots filed per re #61 RESPONSE to #58 Notice of Filing. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (ECO)
October 23, 2019 Filing 61 RESPONSE to 58 and Notice of Filing of Additional Video filed by WP Company LLC. (Attachments: # 1 Exhibit A - DVD Screenshots, # 2 Exhibit Copy of conventionally-filed DVD)(Breetz, Bethany)
October 21, 2019 Filing 60 TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 10/16/2019 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: all parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 11/15/2019. Redacted Transcript Deadline set for 11/25/2019. Release of Transcript Restriction set for 1/24/2020.
October 18, 2019 Opinion or Order CONVENTIONAL FILING received on behalf of Plaintiff Nicholas Sandmann. 7 DVD Vidoes -DVD 1-Viral Video; DVD 2-Second Taitano Video; DVD 3-Banyamyan Video; DVD 4-Maria Judy Video; DVD5-Video cited by CovCath student; DVD 6-Nicholas Sandmann: The Truth in 15 Minutes; DVD 7-Taitano Interview of Nathan Phillips are filed per re #58 Notice of Filing,. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (ECO)
October 18, 2019 Filing 59 NOTICE by WP Company LLC re 58 Notice of Filing, re DVDs filed by Plaintiff (Breetz, Bethany)
October 18, 2019 Filing 58 NOTICE OF FILING by Nicholas Sandmann re 49 MOTION for Reconsideration re 47 Memorandum Opinion & Order, 48 Judgment by Nicholas Sandmann Video Exhibits Filed Conventionally (Attachments: # 1 Exhibit Photocopy of DVD Exhibits 1-7)(McMurtry, Todd)
October 16, 2019 Filing 57 MINUTE ENTRY ORDER FOR FORMAL ORAL ARGUMENT HEARING held on 10/16/2019 before Judge William O. Bertelsman: Parties present as noted. Formal Oral Argument hearing was held in the above case on plaintiff's motion for reconsideration 49 . This matter is taken under submission. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
October 15, 2019 Opinion or Order Filing 56 ORDER: That Plaintiff's motion is GRANTED. Specifically,pursuant to General Order 14-11, L. Lin Wood and Nicole Jennings Wade are permitted to use cell phones and laptops in the U.S. Courthouse in Covington on October 16, 2019. Signed by Judge William O. Bertelsman on 10/15/2019. (ECO)cc: COR
October 15, 2019 Opinion or Order Filing 55 ORDER: That the motion is GRANTED. Specifically, pursuant toGeneral Order 14-11, Thomas G. Hentoff is permitted to possess and use an iPad, and Katherine Moran Meeks is permitted to possess and use a laptop and mifi device in the U.S. Courthouse in Covington on October 16, 2019. Signed by Judge William O. Bertelsman on 10/15/2019. (ECO)cc: COR
October 15, 2019 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #54 MOTION Permission to Use Electronic Devices by Nicholas Sandmann (ECO)
October 14, 2019 Filing 54 MOTION Permission to Use Electronic Devices by Nicholas Sandmann Motions referred to Candace J. Smith. (Attachments: # 1 Proposed Order Granting Motion for Permission to Use Electronic Devices)(McMurtry, Todd)
October 10, 2019 Filing 53 MOTION to allow electronic devices at oral argument on 10/16/19 by WP Company LLC (Attachments: # 1 Proposed Order)(Breetz, Bethany) Modified text on 10/11/2019 (TJZ).
September 30, 2019 Opinion or Order Filing 52 ORDER: That formal oral argument on said motion 49 be, and is hereby,SET FOR WEDNESDAY, OCTOBER 16, 2019, AT 1:00 P.M. in the 5th floor Courtroom of the Covington Federal Courthouse, 35 W. 5th Street, Covington, Kentucky. Each party shall be allowed 30 minutes. The movant may divide its time. Signed by Judge William O. Bertelsman on 9/30/2019.(ECO)cc: COR
September 27, 2019 Filing 51 REPLY BRIEF to 47 , 48 , 50 , 49 In Support of Motion for Relief from Judgment, for Reconsideration of Dismissal with Prejudice, and for Leave to Amend Complaint filed by Nicholas Sandmann. (McMurtry, Todd)
September 27, 2019 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #49 MOTION for Reconsideration re #47 Memorandum Opinion & Order, #48 Judgment by Nicholas Sandmann (ECO)
September 13, 2019 Opinion or Order Filing 50 RESPONSE in Opposition re 49 MOTION for Reconsideration re 47 Memorandum Opinion & Order, 48 Judgment by Nicholas Sandmann filed by WP Company LLC. (Baine, Kevin)
August 23, 2019 Filing 49 MOTION for Reconsideration re 47 Memorandum Opinion & Order, 48 Judgment by Nicholas Sandmann (Attachments: # 1 Exhibit Brief in Support, # 2 Exhibit Exhibit A to Brief in Support: First Amended Complaint, # 3 Exhibit Exhibit A Nicholas' January 20 Statement, # 4 Exhibit Exhibit B Covington Diocese Statement, # 5 Exhibit Exhibit C GCI Investigative Report, # 6 Exhibit Exhibit D Covington Diocese Second Statement, # 7 Exhibit Exhibit E Fox40 Statement, # 8 Exhibit Exhibit F WaPo Editor's Note, # 9 Exhibit Exhibit G-1 First Article, # 10 Exhibit Exhibit G-2 Archived First Article, # 11 Exhibit Exhibit H Archived Second Article, # 12 Exhibit Exhibit I Third Article, # 13 Exhibit Exhibit J-1 Archived Fourth Article, # 14 Exhibit Exhibit J-2 Tweet to Fourth Article, # 15 Exhibit Exhibit K-1 Archived Fifth Article, # 16 Exhibit Exhibit K-2 Fifth Article, # 17 Exhibit Exhibit K-3 Amended Fifth Article, # 18 Exhibit Exhibit L Sixth Article, # 19 Exhibit Exhibit M Archived Seventh Article, # 20 Exhibit Exhibit N The Tweets, # 21 Exhibit Exhibit O Retraction Demand, # 22 Proposed Order Order Granting)(McMurtry, Todd) Modified to remove referral on 8/30/2019 (LST).
July 26, 2019 Filing 48 JUDGMENT: That the Complaint herein be, and is hereby, DISMISSED WITH PREJUDICE. Signed by Judge William O. Bertelsman on 7/26/2019.(ECO)cc: COR
July 26, 2019 Opinion or Order Filing 47 OPINION & ORDER: That the Post's motion to dismiss 27 be, and is hereby GRANTED. Signed by Judge William O. Bertelsman on 7/26/2019.(ECO)cc: COR
July 11, 2019 Opinion or Order Clerk's Note: re #45 Transcript Request. Clerk provided request to Court Reporter Joan Averdick. (ECO)
July 10, 2019 Filing 46 TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 7/1/2019 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Todd V. McMurtry, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/5/2019. Redacted Transcript Deadline set for 8/15/2019. Release of Transcript Restriction set for 10/11/2019.
July 10, 2019 Filing 45 TRANSCRIPT REQUEST of Oral Argument on Motion to Dismiss by WP Company LLC for proceedings held on 7/1/2019 before Judge Bertelsman.. (Geisen, William)
July 2, 2019 Filing 43 TRANSCRIPT REQUEST by Nicholas Sandmann for proceedings held on 7/1/2019 before Judge Bertelsman.. (McMurtry, Todd)
July 2, 2019 Opinion or Order Clerk's Note: re #43 Transcript Request. Clerk provided request to Court Reporter Joan Averdick. (ECO)
July 1, 2019 Filing 44 MINUTE ENTRY FOR FORMAL ORAL ARGUMENT HEARING held on 7/1/2019 before Judge William O. Bertelsman: Parties present as noted. A Formal Oral Argument Hearing was held in the above case on defendant's motion to dismiss 17 . The motion to dismiss is taken under advisement pending further order of the Court. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
June 28, 2019 Opinion or Order Filing 42 ORDER: That Plaintiff's motion 40 is GRANTED. Specifically, pursuant to General Order 14-11, L. Lin Wood, G. Taylor Wilson, Jonathan D. Grunberg,and Nicole Jennings Wade are permitted to use cell phones and laptops in the U.S. Courthouse in Covington on July 1, 2019. Signed by Judge William O. Bertelsman on 6/28/2019. (ECO)cc: COR
June 28, 2019 Opinion or Order Filing 41 ORDER: That the motion 39 is GRANTED. Specifically, pursuant toGeneral Order 14-11, Kevin T. Baine and Thomas G. Hentoff are permitted to possess and use cellular phones and Nicholas G. Gamse and Katherine Moran Meeks are permitted to possess and use a mifi device, laptop, and cellular phone in the U.S. Courthouse in Covington on July 1, 2019. Signed by Judge William O. Bertelsman on 6/28/2019. (ECO)cc: COR
June 27, 2019 Filing 40 MOTION For Plaintiff's Attorneys Admitted Pro Hac Vice to be Permitted to Use and Possess Electronic Devices by Nicholas Sandmann . (Attachments: # 1 Proposed Order Order Granting Motion)(McMurtry, Todd) Modified text to take out referral language on 6/28/2019 (ECO).
June 27, 2019 Filing 39 MOTION For attorneys admitted pro hac vice to be permitted to use and possess electronic devices by WP Company LLC . (Attachments: # 1 Proposed Order)(Breetz, Bethany) Modified text to take out referral language on 6/28/2019 (ECO).
June 6, 2019 Opinion or Order Filing 38 ORDER: That this matter is hereby set for formal oral argument on July 1, 2019, at 1 p.m. EDT in the 5th floor Courtroom of the Covington Federal Courthouse at 35 W.5th Street, Covington, Kentucky. Each party shall be allowed 30 minutes. The movant may divide its time. Signed by Judge William O. Bertelsman on 6/6/2019.(ECO)cc: COR, copy mailed to Atty Nicole Wade. Modified text on 6/6/2019 (ECO).
June 5, 2019 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #27 MOTION to Dismiss for failure to state a claim by WP Company LLC (ECO)
June 4, 2019 Filing 37 REPLY BRIEF to 27 Motion to Dismiss filed by WP Company LLC. (Attachments: # 1 Exhibit 6 - Chart of Challenged Statements and Grounds for Dismissal)(Baine, Kevin) Modified text on 6/5/2019 (ECO).
May 14, 2019 Filing 36 RESPONSE in Opposition re #27 MOTION to Dismiss for failure to state a claim by WP Company LLC filed by Nicholas Sandmann. (McMurtry, Todd)
May 13, 2019 Opinion or Order Filing 35 VIRTUAL ORDER: granting #34 MOTION for Nicole Jennings Wade to Appear Pro Hac Vice on behalf of Plaintiff Nicholas Sandmann, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 5/13/2019. (ECO)cc: COR w/copy of ECF Registration Form to Attorney Nicole Wade
May 9, 2019 Filing 34 MOTION for Nicole Jennings Wade to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4356643)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Exhibit A: Certificate of Good Standing, #2 Proposed Order)(McMurtry, Todd)
May 9, 2019 BAR STATUS Check completed as to Nicole Jennings Wade re #34 MOTION for Nicole Jennings Wade to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4356643). (ECO)
May 9, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #34 MOTION for Nicole Jennings Wade to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4356643) (ECO)
April 24, 2019 Opinion or Order Filing 33 ORDER: That the parties' joint Consent Motion #32 is hereby GRANTED. Plaintiffs shall file their response to Defendant's Motion to Dismiss no later than May 14, 2019, and are permitted to file a memorandum not to exceed 45 pages in support of their opposition. Additionally, Defendant shall file its Reply Brief no later than June 4, 2019, and is permitted to file a reply memorandum not to exceed 20 pages in support of its Motion to Dismiss #27 . Signed by Judge William O. Bertelsman on 4/24/2019.(ECO)cc: COR
April 22, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #32 CONSENT MOTION for Extension of Time by WP Company LLC (TJZ)
April 19, 2019 Filing 32 CONSENT MOTION for Extension of Time by WP Company LLC Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Geisen, William)
April 10, 2019 Opinion or Order Filing 31 VIRTUAL ORDER: granting #23 MOTION for Kevin T. Baine to Appear Pro Hac Vice as co-counsel on behalf of Defendant WP Company LLC, d/b/a The Washington Post, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 4/10/2019. (ECO)cc: COR w/copy of Order and ECF Attorney Registration form to Attorney Kevin Baine
April 10, 2019 Opinion or Order Filing 30 VIRTUAL ORDER: granting #21 MOTION for Katherine Moran Meeks to Appear Pro Hac Vice as co-counsel on behalf of Defendant WP Company LLC, d/b/a The Washington Post, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 4/10/2019. (ECO)cc: COR w/copy of Order and ECF Attorney Registration form to Attorney Katherine Meeks
April 10, 2019 Opinion or Order Filing 29 VIRTUAL ORDER: granting #20 MOTION for Thomas G. Hentoff to Appear Pro Hac Vice as co-counsel on behalf of Defendant WP Company LLC, d/b/a The Washington Post, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 4/10/2019. (ECO)cc: COR w/copy of Order and ECF Attorney Registration form to Attorney Thomas Hentoff.
April 10, 2019 Opinion or Order Filing 28 VIRTUAL ORDER: granting #19 MOTION for Nicholas G. Gamse to Appear Pro Hac Vice as co-counsel on behalf of Defendant WP Company LLC, d/b/a The Washington Post, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 4/10/2019. (ECO)cc: COR w/copy of Order and ECF Attorney Registration form to Attorney Nicholas Gamse.
April 9, 2019 Filing 27 MOTION to Dismiss for failure to state a claim by WP Company LLC (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - 2/14/19 Washington Post Article, #3 Exhibit 2 - Diocese of Covington and Covington Catholic High School Statement, #4 Exhibit 3 - 3/01/19 Washington Post Editors Note, #5 Exhibit 4 - Today Show Interview Transcript, #6 Exhibit 5 - Screen Shots From The Truth in 15 Minutes Video, #7 Proposed Order)(Breetz, Bethany)
April 8, 2019 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #26 Response in Support of Motion re #24 Order on Motion to Appear Pro Hac Vice (ECO)
April 5, 2019 Filing 26 RESPONSE in Support re #19 MOTION for Nicholas G. Gamse to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324462), #21 MOTION for Katherine Moran Meeks to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324493), #20 MOTION for Thomas G. Hentoff to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324478), #23 MOTION for Kevin T. Baine to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324519) filed by WP Company LLC. (Attachments: #1 Proposed Order)(Breetz, Bethany)
April 5, 2019 Opinion or Order Filing 25 ORDER: That Defendant's Motion for Additional Pages #18 is hereby granted. Defendant is permitted to file a memorandum not to exceed 45 pages in support of its impending motion to dismiss. Signed by Magistrate Judge Candace J. Smith on 4/5/2019. (ECO)cc: COR w/copy mailed to Attorneys Meeks, Blaine, Gamse, Hentoff, Woodward
April 5, 2019 Opinion or Order Filing 24 ORDER: 1) Defendant's Motion for Admission Pro Hac Vice of Whitney G. Woodward #22 is hereby granted. 2) Defendant's Motions for Admission Pro Hac Vice of Nicholas G. Gamse, Thomas G. Hentoff, Katherine Moran Meeks, and Kevin T. Baine ( #19 ; #20 ; #21 ; #23 ) are hereby taken under advisement, pending counsel filing a supplement providing the necessary additional information by not later than Friday, April 12, 2019. Signed by Magistrate Judge Candace J. Smith on 4/5/2018. (ECO)cc: COR w/copies mailed to Attorneys Gamse, Hentoff, Meeks, Woodward(with copy of ECF Registration Form), Blaine Modified text on 4/5/2019 (ECO).
April 2, 2019 Filing 23 MOTION for Kevin T. Baine to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324519)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Breetz, Bethany)
April 2, 2019 Filing 22 MOTION for Whitney G. Woodward to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324504)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Breetz, Bethany)
April 2, 2019 Filing 21 MOTION for Katherine Moran Meeks to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324493)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Breetz, Bethany)
April 2, 2019 Filing 20 MOTION for Thomas G. Hentoff to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324478)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Breetz, Bethany)
April 2, 2019 Filing 19 MOTION for Nicholas G. Gamse to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324462)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Breetz, Bethany)
April 2, 2019 Filing 18 MOTION for Leave to File Excess Pages by WP Company LLC Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Breetz, Bethany)
April 2, 2019 BAR STATUS Check completed as to Nicholas G. Gamse, Thomas G. Hentoff, Katherine Moran Meeks, Whitney G. Woodward, Kevin T. Baine re #19 MOTION for Nicholas G. Gamse to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324462), #21 MOTION for Katherine Moran Meeks to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324493), #20 MOTION for Thomas G. Hentoff to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324478), #22 MOTION for Whitney G. Woodward to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324504), #23 MOTION for Kevin T. Baine to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324519). (ECO)
April 2, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #19 MOTION for Nicholas G. Gamse to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324462), #21 MOTION for Katherine Moran Meeks to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324493), #20 MOTION for Thomas G. Hentoff to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324478), #22 MOTION for Whitney G. Woodward to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324504), #23 MOTION for Kevin T. Baine to Appear Pro Hac Vice by WP Company LLC ( Filing fee $125; receipt number 0643-4324519) (ECO)
March 21, 2019 Opinion or Order Filing 17 AGREED ORDER: By agreement of the parties, as reflected by the signatures of their respective counsel, the Defendant's, WP Company LLC d/b/a The Washington Post's, time for responding to the Complaint shall be extended to April 9, 2019. Signed by Magistrate Judge Candace J. Smith on 3/21/2019.(ECO)cc: COR
March 19, 2019 Filing 16 Proposed Agreed Order/Stipulation Extending Response Time by WP Company LLC. (Geisen, William)
March 19, 2019 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #16 Proposed Agreed Order/Stipulation Extending Response Time by WP Company LLC (ECO)
March 18, 2019 Filing 15 FRCP 7.1 DISCLOSURE STATEMENT by WP Company LLC. (Breetz, Bethany)
March 14, 2019 Opinion or Order Filing 14 VIRTUAL ORDER: granting #7 Motion for G. Taylor Wilson to Appear Pro Hac Vice as co-counsel on behalf of Plaintiff Nicholas Sandmann, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 3/14/2019. (ECO)cc: COR w/copy of ECF Registration form to Attorney G. Taylor Wilson
March 14, 2019 Opinion or Order Filing 13 VIRTUAL ORDER: granting #6 Motion for L. Lin Wood to Appear Pro Hac Vice as co-counsel on behalf of Plaintiff Nicholas Sandmann, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 3/14/2019. (ECO)cc: COR w/copy of ECF Registration form to Attorney L. Lin Wood
March 14, 2019 Opinion or Order Filing 12 VIRTUAL ORDER: granting #5 MOTION for Jonathan D. Grunberg to Appear Pro Hac Vice as co-counsel on behalf of Plaintiff Nicholas Sandmann, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 3/14/2018. (ECO)cc: COR w/copy of ECF Registration form to Attorney Jonathan D. Grunberg
March 11, 2019 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #9 RESPONSE, #10 RESPONSE, #11 RESPONSE re #8 Order on Motion to Appear Pro Hac Vice #6 MOTION for L. Lin Wood to Appear Pro Hac Vice by Nicholas Sandmann (Filing fee $125; receipt number 0643-4301270) #5 MOTION for Jonathan D. Grunberg to Appear Pro Hac Vice by Nicholas Sandmann (Filing fee $125; receipt number 0643-4301266), #7 MOTION for G. Taylor Wilson to Appear Pro Hac Vice by Nicholas Sandmann (Filing fee $125; receipt number 0643-4301273) (ECO)
March 8, 2019 Filing 11 RESPONSE to Order #8 re #5 Motion for G. Taylor Wilson to Appear Pro Hac Vice per Order to supplement filed by Nicholas Sandmann. (McMurtry, Todd) Modified to better describe document on 3/11/2019 (ECO).
March 8, 2019 Filing 10 RESPONSE to #8 Order re #6 Motion for L. Lin Wood to Appear Pro Hac Vice per Order to supplement filed by Nicholas Sandmann. (McMurtry, Todd) Modified to better describe document on 3/11/2019 (ECO).
March 8, 2019 Filing 9 RESPONSE to #8 Order re #7 Motion for G. Taylor Wilson to Appear Pro Hac Vice per Order to supplement filed by Nicholas Sandmann. (McMurtry, Todd) Modified to better describe document on 3/11/2019 (ECO).
March 6, 2019 Opinion or Order Filing 8 ORDER: That Plaintiffs' Motions to Admit Pro Hac Vice (R. #5 ; R. #6 ; R. #7 ) are hereby taken under advisement, pending counsel filing a supplement providing the necessary additional information by not later than Friday, March 15, 2019. Signed by Magistrate Judge Candace J. Smith on 3/6/2019. (ECO)cc: COR
March 5, 2019 Filing 7 MOTION for G. Taylor Wilson to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4301273)Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(McMurtry, Todd) (Additional attachment(s) added on 3/5/2019: #2 Exhibit Certificate of Good Standing) (ECO).
March 5, 2019 Filing 6 MOTION for L. Lin Wood to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4301270)Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(McMurtry, Todd) (Additional attachment(s) added on 3/5/2019: #2 Exhibit Certificate of Good Standing) (ECO).
March 5, 2019 Filing 5 MOTION for Jonathan D. Grunberg to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4301266)Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(McMurtry, Todd) (Additional attachment(s) added on 3/5/2019: #2 Exhibit Certificate of Good Standing) (ECO).
March 5, 2019 BAR STATUS Check completed as to L. Lin Wood, G. Taylor Wilson, Jonathan D. Grunberg re #5 MOTION for Jonathan D. Grunberg to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4301266), #6 MOTION for L. Lin Wood to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4301270), #7 MOTION for G. Taylor Wilson to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4301273). (ECO)
March 5, 2019 NOTICE OF DOCKET MODIFICATION TO Todd McMurtry re #5 MOTION for Jonathan D. Grunberg to Appear Pro Hac Vice; #6 MOTION for L. Lin Wood to Appear Pro Hac Vice; #7 MOTION for G. Taylor Wilson to Appear Pro Hac Vice; Error: the Exhibit was filed together with each motion instead of as a separate attachment. Entry by attorney; Clerk added the exhibit as a separate attachment. In the future, file each exhibit separately from one another and separate from the main document. No further action required by counsel. cc: COR (ECO)
March 5, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #6 MOTION for L. Lin Wood to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4301270), #5 MOTION for Jonathan D. Grunberg to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4301266), #7 MOTION for G. Taylor Wilson to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4301273) (ECO)
February 20, 2019 Conflict Check run. (TJZ)
February 19, 2019 Filing 4 Summons Issued as to WP Company LLC; Summons issued and returned to counsel electronically (TJZ)
February 19, 2019 Opinion or Order Filing 2 STANDING REFERRAL ORDER: 1) This case is referred to the presiding Magistrate Judge at Covington to supervise discovery and pretrial proceedings. Unless otherwise ordered by the court, the case will revert back to the undersigned to hold the final pretrial conference and trial. 2) in connection with such reference, the said Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to ruleon nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred by the Clerk to the undersigned. Subject to other provisions of law, the final pretrialconference and trial will also be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 U.S.C. 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(TJZ)cc: COR
February 19, 2019 Filing 1 COMPLAINT WITH JURY DEMAND ( Filing fee $400; receipt number 0643-4289588), filed by N.S. #1 Civil Cover Sheet, #2 Ex A-Statement of N.S., #3 Ex B-Greater Cincinnati Investigation Report, #4 Ex C-Diocese of Covington letter, #5 Ex D-1/19/19 article by Olivo and Wootson, #6 Ex E-1/20/19 article by Wootson, Olivo, Heim, #7 Ex F-1/20/19 Article "Marcher's accost by Boys", #8 Ex G-1/20/19 article "Opposed to the dignity of the human person") #9 Ex H-WP article "Most young white men", #10 Ex I-2/10/19 article "Fuller view emerges", #11 Ex J-"Viral standoff" article, #12 Ex K-WP twitter 2/14/2019, #13 Ex L-2-14-19 letter from L.Lin Wood, #14 summons) (TJZ). Modified text on 2/20/2019 (TJZ).
February 19, 2019 Filing 1 COMPLAINT WITH JURY DEMAND ( Filing fee $400; receipt number 0643-4289588), filed by N.S. # 1 Civil Cover Sheet, # 2 Ex A-Statement of N.S., # 3 Ex B-Greater Cincinnati Investigation Report, # 4 Ex C-Diocese of Covington letter, # 5 Ex D-1/19/19 article by Olivo and Wootson, # 6 Ex E-1/20/19 article by Wootson, Olivo, Heim, # 7 Ex F-1/20/19 Article "Marcher's accost by Boys", # 8 Ex G-1/20/19 article "Opposed to the dignity of the human person") # 9 Ex H-WP article "Most young white men", # 10 Ex I-2/10/19 article "Fuller view emerges", # 11 Ex J-"Viral standoff" article, # 12 Ex K-WP twitter 2/14/2019, # 13 Ex L-2-14-19 letter from L.Lin Wood, # 14 summons) (TJZ). Modified text on 2/20/2019 (TJZ).

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Search for this case: Nicholas Sandmann, et al v. WP Company LLC
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Defendant: WP Company LLC
Represented By: Katherine Moran Meeks
Represented By: Nicholas G. Gamse
Represented By: Kevin T. Baine
Represented By: Thomas G. Hentoff
Represented By: Bethany A. Breetz
Represented By: William G. Geisen
Represented By: Whitney G. Woodward
Represented By: Philip W. Collier
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Defendant: WP Company LLC doing business as The Washington Post
Represented By: Katherine Moran Meeks
Represented By: Nicholas G. Gamse
Represented By: Kevin T. Baine
Represented By: Whitney G. Woodward
Represented By: Thomas G. Hentoff
Represented By: Bethany A. Breetz
Represented By: Kevin Taylor Baine
Represented By: Philip W. Collier
Represented By: William G. Geisen
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Plaintiff: Nicholas Sandmann
Represented By: Kyle M. Winslow
Represented By: Todd VanDerVeer McMurtry
Represented By: G. Taylor Wilson
Represented By: Jonathan D. Grunberg
Represented By: L. Lin Wood
Represented By: Nicole Jennings Wade
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