Sandmann v. Cable News Network, Inc. Featured Case

Nicholas Sandmann, a Kentucky high school student featured in a viral video that shows him wearing a Make America Great Again (MAGA) hat confronting a man, has filed a series of lawsuits against media companies including CNN, alleging that the media wrongfully targeted and bullied Nicholas because he was white, Catholic, and wearing a "Make America Great Again" cap.

Plaintiff: Nicholas Sandmann
Defendant: Cable News Network, Inc.
Case Number: 2:2019cv00031
Filed: March 12, 2019
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: David L Bunning
Referring Judge: Candace J Smith
Nature of Suit: Assault Libel & Slander
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2019 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re 39 MOTION for Leave to Amend Complaint by Nicholas Sandmann (ECO)
August 21, 2019 Filing 42 REPLY BRIEF to Motion 39 , Response 41 in Support of Motion for Leave to Amend Complaint filed by Nicholas Sandmann. (McMurtry, Todd) Modified text on 8/22/2019 (ECO).
August 7, 2019 Filing 41 RESPONSE in Opposition re 39 MOTION for Leave by Nicholas Sandmann filed by Cable News Network, Inc.. (Attachments: # 1 Declaration of Charles D. Tobin, # 2 Exhibit A - Transcript of July 1, 2019 Oral Argument in Sandmann v. WP Company, LLC)(Burke, James)
August 1, 2019 Filing 40 NOTICE by Nicholas Sandmann of Joinder in Defendant's Request for Oral Argument on Defendant's re 31 MOTION to Dismiss for failure to state a claim by Cable News Network, Inc. (McMurtry, Todd) Modified text to better describe document on 8/2/2019 (ECO).
July 31, 2019 NOTICE OF DOCKET MODIFICATION TO Todd McMurtry re 39 MOTION for Leave to Amend Complaint; Error: attachments were insufficiently described as Exhibit A, Exhibit B, etc. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO)
July 30, 2019 Filing 39 MOTION for Leave to Amend Complaint by Nicholas Sandmann. (Attachments: # 1 Proposed First Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Proposed Order)(McMurtry, Todd) Modified to better describe document and to take out referral language on 7/31/2019 (ECO).
July 18, 2019 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re 31 MOTION to Dismiss for failure to state a claim by Cable News Network, Inc. (ECO)
July 18, 2019 NOTICE OF DOCKET MODIFICATION TO James Burke re 38 REPLY. Error: alink was not created to the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion 31 , thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is "Reply to Response to Motion". No further action required by counsel. cc: COR (ECO)
July 17, 2019 Filing 38 REPLY to Response to 31 Defendant Cable News Network, Inc.'s Motion to Dismiss for Failure to State a Claim filed by Cable News Network, Inc.. (Burke, James) Modified text to create link to Motion on 7/18/2019 (ECO).
June 26, 2019 Filing 37 RESPONSE in Opposition re 31 MOTION to Dismiss for failure to state a claim by Cable News Network, Inc. filed by Nicholas Sandmann. (McMurtry, Todd)
June 21, 2019 Filing 36 SUMMONS Returned Executed by Nicholas Sandmann via Certified Mail to Cable News Network, Inc. served on 3/20/2019, answer due 5/15/2019. (Attachments: # 1 Receipt Certified Mail Return Receipt)(McMurtry, Todd)
June 14, 2019 Opinion or Order Filing 35 ORDER: That the Motion 34 is GRANTED. Plaintiff is permitted to file a brief opposing Defendant's Motion to Dismiss for Failure to State a Claim not to exceed forty ( 40) pages. Signed by Judge William O. Bertelsman on 6/14/2019. (ECO)cc: COR
June 12, 2019 Filing 34 CONSENT MOTION for Leave to File Excess Pages by Nicholas Sandmann . (Attachments: # 1 Proposed Order EXHIBIT A)(McMurtry, Todd) Modified text to take out referral language on 6/12/2019 (ECO).
May 15, 2019 Filing 33 CONVENTIONAL FILING received on behalf of Cable New Network, Inc.. 6 CDs containing Videos and Reports (Banyamyan Video; Sandmann Video; "Unfiltered" Report; "CNN Newroom Report"; "New Day Weekend" Report; "Erin Burnett OutFront" Report are filed per re 31 MOTION to Dismiss for failure to state a claim by Cable News Network, Inc. , 32 Notice of Filing. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (ECO)
May 15, 2019 Filing 32 NOTICE OF FILING by Cable News Network, Inc. of Video Exhibits Filed Conventionally (Burke, James)
May 15, 2019 Filing 31 MOTION to Dismiss for failure to state a claim by Cable News Network, Inc. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Banyamyan Video, # 3 Exhibit 2 - Sandmann Video, # 4 Exhibit 3 - Images from L. Lin Wood Video, # 5 Exhibit 4 - January 19, 2019 "Unfiltered" Report, # 6 Exhibit 5 - January 19, 2019 "CNN Newsroom" Report, # 7 Exhibit 6 - January 20, 2019 "New Day Weekend" Report, # 8 Exhibit 7 - January 22, 2019 "Erin Burnett OutFront" Report, # 9 Exhibit 8 - TODAY Transcript, # 10 Exhibit 9 - Statements Chart, # 11 Notice of Conventional Filing of Video Exhibits, # 12 Proposed Order)(Burke, James)
May 15, 2019 Filing 30 FRCP 7.1 DISCLOSURE STATEMENTof Cable News Network, Inc. by Cable News Network, Inc.. (Burke, James)
May 13, 2019 Opinion or Order Filing 29 VIRTUAL ORDER: granting 28 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 ***MOTION SUBMITTED TO CHAMBERS of Candance J. Smith for review: re 28 MOTION for Nicole Jennings Wade to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4356671) (ECO)
May 9, 2019 BAR STATUS Check completed as to Nicole Jennings Wade re 28 MOTION for Nicole Jennings Wade to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4356671). (ECO)
May 9, 2019 Filing 28 MOTION for Nicole Jennings Wade to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4356671)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit Exhibit A: Certificate of Good Standing, # 2 Proposed Order)(McMurtry, Todd)
April 30, 2019 Opinion or Order Filing 27 AGREED ORDER FOR EXTENSION OF TIME: Plaintiff Nicholas Sandmann, by and through his parents and natural guardians, Ted Sandmann and Julie Sandmann ("Plaintiff") and Defendant Cable News Network, Inc. ("Defendant"), by counsel, hereby agree that Defendant shall have an additional 14 days, up toand including May 15, 2019, to answer or otherwise respond to Plaintiff's Complaint. Plaintiff and Defendant also agree that Plaintiff shall have an additional 14 days, up to and including June 26, 2019, to respond to any motion the Defendant files in lieu of an answer, and that Defendant will have an additional 7 days, up to and including July 17, 2019, to file a reply.Plaintiff and Defendant having so agreed, the parties respectfully request that the Court enter this Agreed Order. SO ORDERED: This 30th day of April, 2019. Signed by Judge William O. Bertelsman on 4/30/2019.(ECO)cc: COR
April 26, 2019 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re 26 Proposed Agreed Order/Stipulation for Extension of Time by Cable News Network, Inc. (ECO)
April 26, 2019 Filing 26 Proposed Agreed Order/Stipulation for Extension of Time by Cable News Network, Inc.. (Stubblefield, Amanda)
April 23, 2019 Opinion or Order Filing 25 VIRTUAL ORDER: granting 23 Motion for Maxwell S. Mishkin to Appear Pro Hac Vice on behalf of Defendant Cable News Network, Inc., the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 4/23/2019. (ECO)cc: COR w/copy of ECF Registration Form to Attorney Maxwell S. Mishkin
April 23, 2019 Opinion or Order Filing 24 VIRTUAL ORDER: granting 22 Motion for Charles D. Tobin to Appear Pro Hac Vice on behalf of Defendant Cable News Network, Inc., the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 4/23/2019. (ECO)cc: COR w/copy of ECF Registration Form to Attorney Charles D. Tobin
April 17, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re 22 MOTION for Charles D. Tobin to Appear Pro Hac Vice by Cable News Network, Inc. ( Filing fee $125; receipt number 0643-4337374), 23 MOTION for Maxwell S. Mishkin to Appear Pro Hac Vice by Cable News Network, Inc. ( Filing fee $125; receipt number 0643-4337375) (ECO)
April 17, 2019 BAR STATUS Check completed as to Charles D. Tobin, Maxwell S. Mishkin re 22 MOTION for Charles D. Tobin to Appear Pro Hac Vice by Cable News Network, Inc. ( Filing fee $125; receipt number 0643-4337374), 23 MOTION for Maxwell S. Mishkin to Appear Pro Hac Vice by Cable News Network, Inc. ( Filing fee $125; receipt number 0643-4337375). (ECO)
April 16, 2019 Filing 23 MOTION for Maxwell S. Mishkin to Appear Pro Hac Vice by Cable News Network, Inc. ( Filing fee $125; receipt number 0643-4337375)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit A - Signed Affidavit of Maxwell S. Mishkin, # 2 Exhibit B - Certificate of Good Standing for Maxwell S. Mishkin, # 3 Proposed Order)(Stubblefield, Amanda)
April 16, 2019 Filing 22 MOTION for Charles D. Tobin to Appear Pro Hac Vice by Cable News Network, Inc. ( Filing fee $125; receipt number 0643-4337374)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit A - Signed Affidavit of Charles D. Tobin, # 2 Exhibit B - Certificate of Good Standing for Charles D. Tobin, # 3 Proposed Order)(Stubblefield, Amanda)
April 10, 2019 Opinion or Order Filing 21 AGREED ORDER: Plaintiff Nicholas Sandmann, by and through his parents and natural guardians, Ted Sandmann and Julie Sandmann and Defendant Cable News Network, Inc., by counsel, hereby agree that Defendant shall have an additional 21 days, up to and including May 1, 2019, to answer or otherwise respond to Plaintiff's Complaint. Plaintiff and Defendant also agree that Plaintiff shall have an additional 21 days, up to and including June 12,2019, to respond to any motion the Defendant files in lieu of an answer.Plaintiff and Defendant having so agreed, the parties respectfully request that the Court enter this Agreed Order. SO ORDERED this 10th day of April, 2019. Signed by Magistrate Judge Candace J. Smith on 4/10/2019.(ECO)cc: COR, copies mailed to Attorneys Tobin and Mishkin. Modified text on 4/11/2019 (ECO).
April 10, 2019 Opinion or Order Filing 20 ORDER: That Defendant Cable News Network, Inc.s Motion to Admit James E. Burke Pro Hac Vice 18 is hereby granted. Signed by Magistrate Judge Candace J. Smith on 4/10/2010. (ECO)cc: COR
April 8, 2019 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: 19 Proposed Agreed Order/Stipulation for Extension of Time by Cable News Network, Inc., 18 MOTION for James E. Burke to Appear Pro Hac Vice by Cable News Network, Inc. ( Filing fee $125; receipt number 0643-4328325), ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re 18 MOTION for James E. Burke to Appear Pro Hac Vice by Cable News Network, Inc. ( Filing fee $125; receipt number 0643-4328325) (ECO)
April 8, 2019 NOTICE OF DEFICIENCY AND DOCKET MODIFICATION TO Amanda Stubblefield re 17 Notice of Appearance; ERROR 1: Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. Attorney's signature should match the name under which attorney was admitted (Sarah A. Vonderbrink). No further action required by counsel as to Error 1. ERROR 2: re 18 MOTION for James E. Burke to Appear Pro Hac Vice; Error: attachment was insufficiently described as Exhibit A. Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel as to Error 2. cc: COR (ECO)
April 8, 2019 BAR STATUS Check completed as to James E. Burke re 18 MOTION for James E. Burke to Appear Pro Hac Vice by Cable News Network, Inc. ( Filing fee $125; receipt number 0643-4328325). (ECO)
April 8, 2019 Filing 19 Proposed Agreed Order/Stipulation for Extension of Time by Cable News Network, Inc.. (Stubblefield, Amanda)
April 8, 2019 Filing 18 MOTION for James E. Burke to Appear Pro Hac Vice by Cable News Network, Inc. ( Filing fee $125; receipt number 0643-4328325)Motions referred to Candace J. Smith. (Attachments: # 1 Exhibit A - Affidavit of James E. Burke, # 2 Exhibit B - Certificate of Good Standing, # 3 Proposed Order C - Proposed Order)(Stubblefield, Amanda) Modified to described affidavit on 4/8/2019 (ECO).
April 8, 2019 Filing 17 NOTICE OF APPEARANCE by Cable News Network, Inc.. (Stubblefield, Amanda)
April 8, 2019 Filing 16 NOTICE OF APPEARANCE by Cable News Network, Inc.. (Stubblefield, Amanda)
March 21, 2019 Opinion or Order Filing 15 VIRTUAL ORDER: granting 12 MOTION for Jonathan D. Grunberg 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 3/21/2019. (ECO)cc: COR w/copy of ECF Registration Form to Attorney Jonathan Grunberg
March 21, 2019 Opinion or Order Filing 14 VIRTUAL ORDER: granting 11 MOTION for G. Taylor Wilson 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 3/21/2019. (ECO)cc: COR w/copy of ECF Registration Form to Attorney G. Taylor Wilson
March 21, 2019 Opinion or Order Filing 13 VIRTUAL ORDER: granting 10 MOTION for L. Lin Wood 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 3/21/2019. (ECO)cc: COR w/copy of ECF Registration Form to Attorney Lin Wood
March 20, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re 12 MOTION for Jonathan D. Grunberg to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4314006), 10 MOTION for L.Lin Wood to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4313989), 11 MOTION for G. Taylor Wilson to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4314000) (ECO)
March 20, 2019 NOTICE OF DOCKET MODIFICATION TO Todd McMurtry re 12 MOTION for Jonathan D. Grunberg to Appear Pro Hac Vice, 10 MOTION for L.Lin Wood to Appear Pro Hac Vice, 11 MOTION for G. Taylor Wilson to Appear Pro Hac Vice; Error: attachments were insufficiently described as Exhibit A. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO) Modified text on 3/20/2019 (ECO).
March 20, 2019 BAR STATUS Check completed as to L. Lin Wood, G. Taylor Wilson, Jonathan D. Grunberg re 12 MOTION for Jonathan D. Grunberg to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4314006), 10 MOTION for L.Lin Wood to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4313989), 11 MOTION for G. Taylor Wilson to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4314000). (ECO)
March 20, 2019 Filing 12 MOTION for Jonathan D. Grunberg to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4314006)Motions referred to Candace J. Smith. (Attachments: # 1 EXHIBIT A-Certificate of Good Standing , # 2 Proposed Order)(McMurtry, Todd) Modified text on 3/20/2019 (ECO).
March 20, 2019 Filing 11 MOTION for G. Taylor Wilson to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4314000)Motions referred to Candace J. Smith. (Attachments: # 1 EXHIBIT A-Certificate of Good Standing, # 2 Proposed Order)(McMurtry, Todd) Modified text on 3/20/2019 (ECO).
March 20, 2019 Filing 10 MOTION for L.Lin Wood to Appear Pro Hac Vice by Nicholas Sandmann ( Filing fee $125; receipt number 0643-4313989)Motions referred to Candace J. Smith. (Attachments: # 1 EXHIBIT A-Certificate of Good Standing, # 2 Proposed Order)(McMurtry, Todd) Modified text on 3/20/2019 (ECO).
March 19, 2019 Filing 9 NOTICE TO ATTORNEY L. Lin Wood by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: # 1 Atty Admission and Info and Routing Form-No Record)(ECO)
March 19, 2019 Filing 8 NOTICE TO ATTORNEY Jonathan D. Grunberg by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: # 1 Atty Admission and Info and Routing Form - No Record)(ECO)
March 19, 2019 Filing 7 NOTICE TO ATTORNEY G. Taylor Wilson by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: # 1 Atty Admission and Info and Routing Form - No Record)(ECO)
March 16, 2019 Opinion or Order Filing 5 ORDER: that this matter is hereby REASSIGNED to the Honorable William O. Bertelsman of the United States District Court for the Eastern District of Kentucky. Signed by Judge David L. Bunning on 03/16/2019.(KRB)cc: COR Modified Text on 3/18/2019 (KRB).
March 12, 2019 Filing 4 Summons Issued as to Cable News Network, Inc.; Summons issued and returned to counsel electronically (ECO)
March 12, 2019 Opinion or Order Filing 3 STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred by the Clerk of this Court to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 1/13/2011.(ECO)cc: COR
March 12, 2019 Conflict Check run. (ECO)
March 12, 2019 Filing 1 COMPLAINT WITH JURY DEMAND ( Filing fee $400; receipt number 0643-4307589), filed by Nicholas Sandmann. (Attachments: # 1 Exhibit A-Sidner Tweet, # 2 Exhibit B-Sellers Tweet, # 3 Exhibit C-Jake Tapper on Twitter, # 4 Exhibit D-Greater Cincinnati Investigation, Inc. Report, # 5 Exhibit E-Diocese of Covington Letter, # 6 Exhibit F-Cupp Retweets, # 7 Exhibit G-Williams, CNN Article, # 8 Exhibit H-CNN Heartbreaking Viral Video Report, # 9 Exhibit I-Sidner, CNN Interview of Phillips, # 10 Exhibit J-Grinberg, CNN Article, # 11 Exhibit K-Moya-Smith Report, # 12 Exhibit L-Williams and Grinberg, CNN Article, # 13 Exhibit M-Viral Video Pictures, # 14 Exhibit N-McLauglin, CNN Article, # 15 Exhibit O-Vera, CNN Article, # 16 Exhibit P-Cupp Unfiltered on Twitter, # 17 Exhibit Q-CNN on Twitter, # 18 Exhibit R-CNN on Twitter, # 19 Exhibit S-CNN on Twitter, # 20 Summons to Cable News Network, Inc., # 21 Civil Cover Sheet)(ECO)

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Defendant: Cable News Network, Inc.
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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
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