McLaughlin v. Chin
| Ian McLaughlin |
| Lily Chin |
| 2:2024cv00825 |
| April 1, 2024 |
| US District Court for the Eastern District of Louisiana |
| Eldon E Fallon |
| Janis van Meerveld |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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| Filing 59 Case transferred in from District of North Carolina Eastern; Case Number 5:22-cv-00500. Electronic file certified copy of transfer order and docket sheet received (pp) |
Filing 58
ORDER - The court GRANTS IN PART plaintiff's motion to seal [D.E. 42], REDACTS plaintiff's phone number from and SEALS [D.E. 36-1], DENIES plaintiff's motions to seal [D.E. 48, 54], GRANTS defendant's motion to transfer venue [D.E. 29], and TRANSFERS this action to the United States District Court for the Eastern District of Louisiana. Defendant's motion to dismiss [D.E. 27] remains pending for resolution in the Eastern. District of Louisiana. Signed by District Judge James C. Dever III on 3/27/2024. (Mann, Stephanie) [Transferred from nced on 4/2/2024.]
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Filing 57
ORDER REFERRING MOTIONS to Magistrate Judge Brian S. Meyers: Motions to Seal #42 , #48 , #54 . Signed by District Judge James C. Dever III on 3/1/2024. (Mann, Stephanie) [Transferred from nced on 4/2/2024.]
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| Filing 56 RESPONSE in Opposition regarding #54 MOTION to Seal Document #50 PROPOSED SEALED Reply filed by Lily Chin. (Attachments: #1 Text of Proposed Order) (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 55 Memorandum in Support regarding #54 MOTION to Seal Document #50 PROPOSED SEALED Reply filed by Ian McLaughlin. (Ekstrand, Robert) [Transferred from nced on 4/2/2024.] |
| Filing 54 MOTION to Seal Document #50 PROPOSED SEALED Reply filed by Ian McLaughlin. (Attachments: #1 Proposed Redacted #50 Reply Br., #2 Text of Proposed Order) (Ekstrand, Robert) [Transferred from nced on 4/2/2024.] |
| Filing 53 RESPONSE in Opposition regarding #48 MOTION to Seal #46 PROPOSED SEALED Exhibit, filed by Lily Chin. (Attachments: #1 Text of Proposed Order) (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 52 Notice of Filing Proposed Sealed Reply Brief filed by Lily Chin regarding #50 PROPOSED SEALED Reply. (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 51 Notice filed by Lily Chin regarding #50 PROPOSED SEALED Reply . (Attachments: #1 Exhibit 9 - Federal Court Management Statistics, #2 Exhibit 10 - Dismissal) (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 50 PROPOSED SEALED REPLY (Selected Participants Only) by Lily Chin (available to: Defendant Lily Chin, Plaintiff Ian McLaughlin) regarding #29 MOTION to Transfer Case . (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 49 REPLY to Response to Motion regarding #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lily Chin. (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 48 MOTION to Seal #46 PROPOSED SEALED Exhibit, filed by Ian McLaughlin. (Attachments: #1 Memorandum of Law in Support, #2 Text of Proposed Order) (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 47 Notice of Proposed Sealed Documents filed by Lily Chin regarding #46 PROPOSED SEALED Exhibit. (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 46 PROPOSED SEALED Exhibit (Selected Participants Only)by Lily Chin (available to: Defendant Lily Chin, Plaintiff Ian McLaughlin) regarding #45 Response in Opposition to Motion,,. (Attachments: #1 Exhibit 1 - ECF No. 40, Doe v. Doe, No. 23-1058 (4th Cir. May 16, 2023), #2 Exhibit 5 - PACER Case Locator Search Result) (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 45 RESPONSE in Opposition regarding #42 MOTION to Seal #40 PROPOSED SEALED Exhibit, #38 PROPOSED SEALED Document, #36 PROPOSED SEALED Exhibit, filed by Lily Chin. (Attachments: #1 Exhibit 1 - Placeholder for ECF No. 40, Doe v. Doe, No. 23-1058 (4th Cir. May 16, 2023), #2 Exhibit 2 - Declaration of Kelly Margolis Dagger, #3 Exhibit 3 - 2023 12 15 Email from J Weiss to K Gorycki, #4 Exhibit 4 - 2024 01 17 Email between K Gorycki and K Dagger, #5 Exhibit 5 - Placeholder for PACER Case Locator Search Result, #6 Text of Proposed Order Granting in Part and Denying in Part Motion to Seal) (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 44 Notice of Special Appearance for non-district by Kara L. Gorycki on behalf of Ian McLaughlin. (Gorycki, Kara) [Transferred from nced on 4/2/2024.] |
| Filing 43 Memorandum in Support regarding #42 MOTION to Seal #40 PROPOSED SEALED Exhibit, #38 PROPOSED SEALED Document, #36 PROPOSED SEALED Exhibit, filed by Ian McLaughlin. (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 42 MOTION to Seal #40 PROPOSED SEALED Exhibit, #38 PROPOSED SEALED Document, #36 PROPOSED SEALED Exhibit, filed by Ian McLaughlin. (Attachments: #1 Text of Proposed Order) (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 41 Memorandum in Opposition regarding #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ian McLaughlin. (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 40 PROPOSED SEALED Exhibit (Selected Participants Only)by Ian McLaughlin (available to: Defendant Lily Chin, Plaintiff Ian McLaughlin) regarding #39 Declaration,. (Attachments: #1 Exhibit 1 - Chin Petition SEAL) (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 39 Declaration of Andrew Miltenberg in Support of Plaintiff's Opposition to Defendant's Partial Rule 12(b) Motion regarding #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ian McLaughlin filed by Ian McLaughlin. (Attachments: #1 Exhibit 1 - Chin Petition REDACTED) (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 38 PROPOSED SEALED Memorandum in Opposition: (Selected Participants Only)by Ian McLaughlin (available to: Defendant Lily Chin, Plaintiff Ian McLaughlin) regarding #37 Memorandum in Opposition. (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 37 Memorandum in Opposition regarding #29 MOTION to Transfer Case filed by Ian McLaughlin. (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 36 PROPOSED SEALED Exhibits F and G (Selected Participants Only)by Ian McLaughlin (available to: Defendant Lily Chin, Plaintiff Ian McLaughlin) regarding #35 Declaration (Attachments: #1 Exhibit F - Chin Petition SEAL, #2 Exhibit G - Tulane Pseudonym Order) (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 35 Declaration of Andrew T. Miltenberg in Support of Plaintiff's Opposition to Defendant's Motion to Transfer Venue regarding #29 MOTION to Transfer Case by Ian McLaughlin filed by Ian McLaughlin. (Attachments: #1 Exhibit A - January 5 Order, #2 Exhibit B - Chin Pseudonym Appeal Response Brief, #3 Exhibit C - Fourth Circuit Opinion, #4 Exhibit D - Amended Complaint, #5 Exhibit E - FedExReceipt, #6 Exhibit F - Chin Petition REDACTED, #7 Exhibit G - Pseudonym Order, #8 Exhibit H - ED North Carolina Statistics, #9 Exhibit I - ED Louisiana Stats, #10 Exhibit J - Proposed Redacted Chin Brief REDACTED) (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| TEXT ORDER granting Plaintiff's Motion for Extension of Time #34 . Plaintiff has up to and including January 17, 2024, within which to respond to the Motion to Transfer Venue #29 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/16/2024. (Hockaday, A.) [Transferred from nced on 4/2/2024.] |
| Filing 34 MOTION for Extension of Time to File Response regarding #29 MOTION to Transfer Case filed by Ian McLaughlin. (Attachments: #1 Text of Proposed Order) (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 33 Proposed Order filed by Lily Chin regarding #29 MOTION to Transfer Case. (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 32 Notice filed by Lily Chin regarding #31 PROPOSED SEALED Memorandum in Support, #30 PROPOSED SEALED Exhibit, . (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 31 PROPOSED SEALED Memorandum in Support (Selected Participants Only)by Lily Chin (available to: Defendant Lily Chin, Plaintiff Ian McLaughlin) regarding #29 MOTION to Transfer Case . (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 30 PROPOSED SEALED Exhibit (Selected Participants Only)by Lily Chin (available to: Defendant Lily Chin, Plaintiff Ian McLaughlin) regarding #29 MOTION to Transfer Case . (Attachments: #1 Exhibit 3 - Complaint, #2 Exhibit 4 - Subpoena to Lily Chin) (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 29 MOTION to Transfer Case filed by Lily Chin. (Attachments: #1 Exhibit 1 - Affidavit of Erica Woodley, #2 Exhibit 2- Declaration of Lily Chin, #3 Exhibit 3 - Doe Complaint (separately filed under seal), #4 Exhibit 4- Subpoena to Lily Chin (separately filed under seal), #5 Exhibit 5- Eastern District of Louisiana Website Excerpt, #6 Exhibit 6 - Eastern District of North Carolina Website Excerpt, #7 Exhibit 7 - Federal Judicial Caseload Statistics, #8 Exhibit 8 - Joint Status Report) (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 28 Memorandum in Support regarding #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lily Chin. (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lily Chin. (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 26 Notice of Appearance filed by Chelsea Pieroni on behalf of Lily Chin. (Pieroni, Chelsea) [Transferred from nced on 4/2/2024.] |
| Filing 25 MANDATE of US Court of Appeals as to #9 Notice of Interlocutory Appeal filed by Ian McLaughlin. (Foell, S.) [Transferred from nced on 4/2/2024.] |
| TEXT ORDER granting Defendant's Consent Motion for Extension of Time #24 . For good cause shown, it is ordered that Defendant has up to and including December 15, 2023, within which to answer or otherwise respond to the Complaint #1 . Plaintiff has up to and including January 17, 2024, within which to respond to any motion to dismiss. Signed by Peter A. Moore, Jr., Clerk of Court on 11/17/2023. (Hockaday, A.) [Transferred from nced on 4/2/2024.] |
| Filing 24 Consent MOTION for Extension of Time to File Answer regarding #23 Amended Complaint, Consent MOTION for Extension of Time to File Response by Plaintiff to any Motion to Dismiss filed by Lily Chin. (Attachments: #1 Text of Proposed Order) (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 23 AMENDED COMPLAINT against Jane Doe, filed by John Doe. (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 22 US Court of Appeals Judgment as to #9 Notice of Interlocutory Appeal filed by John Doe. (Foell, S.) [Transferred from nced on 4/2/2024.] |
| Filing 21 Published Opinion from Fourth Circuit Court of Appeals. Affirmed. (Foell, S.) [Transferred from nced on 4/2/2024.] |
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Filing 20
ORDER - The deadline for Defendant to respond to the complaint shall be extended until the later of fourteen days after the Court lifts its order granting Plaintiff John Doe's motion to stay (D.E. 14), or fourteen days after Mr. Doe files an amended complaint as directed in the Court's order denying Mr. Doe's motion for leave to proceed under a pseudonym (D.E. 8). Signed by District Judge James C. Dever III on 3/27/2023. (Mann, Stephanie) [Transferred from nced on 4/2/2024.]
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #19 MOTION for Extension of Time to File Answer regarding #1 Complaint Until the Later of 14 Days After Stay Is Lifted (DE 14), or 14 Days After Amended Complaint Is Filed. (Mann, Stephanie) [Transferred from nced on 4/2/2024.] |
| Filing 19 MOTION for Extension of Time to File Answer regarding #1 Complaint Until the Later of 14 Days After Stay Is Lifted (DE 14), or 14 Days After Amended Complaint Is Filed filed by Jane Doe. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time) (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 18 Waiver of Service Returned Executed filed by John Doe. Jane Doe waiver sent on 1/26/2023, answer due 3/27/2023. (Miltenberg, Andrew) [Transferred from nced on 4/2/2024.] |
| Filing 17 Notice of Appearance filed by James Michael Weiss on behalf of Jane Doe. (Weiss, James) [Transferred from nced on 4/2/2024.] |
| Filing 16 Financial Disclosure Statement by Jane Doe (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
| Filing 15 Notice of Appearance filed by Kelly Margolis Dagger on behalf of Jane Doe. (Dagger, Kelly) [Transferred from nced on 4/2/2024.] |
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Filing 14
ORDER granting #12 Motion to Stay. The portion of the Order (ECF No. 8) requiring Plaintiff to file an amended complaint under his legal name shall beSTAYED until the Court of Appeals rules on Plaintiff's appeal. Signed by District Judge James C. Dever III on 1/24/2023. (Sellers, N.) [Transferred from nced on 4/2/2024.]
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| Filing 13 Proposed Order regarding #12 MOTION to Stay by John Doe Letter-Motion to stay the court's order [ECF No. 8] requiring Plaintiff to file an amended complaint under his legal name, until the Court of Appeals rules on Plaintiffs appeal filed by John Doe. (Ekstrand, Robert) [Transferred from nced on 4/2/2024.] |
| Notice to Counsel regarding: #12 Motion to Stay. Pursuant to Local Civil Rule 7.1(b)(3) and Section V(I)(3) of the CM/ECF Policy and Procedures Manual and Judge Dever's practice preferences, parties must file a proposed order with any non-dispositive motion. Please file a proposed order using the event 'Proposed Order' in the Responses and Replies category and link it back to the motion to which it corresponds. (Sellers, N.) [Transferred from nced on 4/2/2024.] |
| Filing 12 MOTION to Stay by John Doe Letter-Motion to stay the court's order [ECF No. 8] requiring Plaintiff to file an amended complaint under his legal name, until the Court of Appeals rules on Plaintiffs appeal. (Ekstrand, Robert) Modified on 1/20/2023 - to change motion type selected. (Sellers, N.) [Transferred from nced on 4/2/2024.] |
| Filing 11 US Court of Appeals Case Number 23-1058 (Emily Borneisen, Case Manager) as to #9 Notice of Interlocutory Appeal filed by John Doe. (Foell, S.) [Transferred from nced on 4/2/2024.] |
| Filing 10 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #9 Notice of Interlocutory Appeal. (Foell, S.) [Transferred from nced on 4/2/2024.] |
| Filing 9 Notice of Interlocutory Appeal filed by John Doe as to #8 Order on Ex Parte Motion,. Filing fee, receipt number ANCEDC-6900902. (Ekstrand, Robert) [Transferred from nced on 4/2/2024.] |
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Filing 8
ORDER Ex Parte denying #5 Ex Parte Motion. Plaintiff may file an amended complaint using his real name by January 30, 2023. Alternatively, by January 30, 2023, plaintiff may file a Rule 41 notice of dismissal. If plaintiff fails to take either of these actions by January 30, 2023, the clerk SHALL close the case without further order of the court. Signed by District Judge James C. Dever III on 1/5/2023. (Sellers, N.) [Transferred from nced on 4/2/2024.]
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| Notice to Counsel regarding: #7 Notice - other. This document needs to be mailed to the address on the form with an original signature of the attorney registering. Once the form has been processed, then the registering attorney will need to file their Notice of Special Appearance on the docket. (Sellers, N.) [Transferred from nced on 4/2/2024.] |
| TEXT ORDER REASSIGNING CASE. At the direction of the Court and for the continued efficient administration of justice, this case is reassigned to United States District Judge James C. Dever III for all further proceedings. United States District Judge Terrence W. Boyle is no longer assigned to the case. All future filings should reflect the revised case number of 5:22-CV-500-D-BM. Signed by Peter A. Moore, Jr., Clerk of Court on 12/20/2022. (Hockaday, A.) [Transferred from nced on 4/2/2024.] |
| Filing 7 Notice filed by John Doe regarding #3 Notice of Special Appearance Attachment: Electronic Filing Attorney Registration Form signed by Andrew T. Miltenberg, Esq. (Ekstrand, Robert) [Transferred from nced on 4/2/2024.] |
| Notice to Counsel regarding: #7 Notice regarding #3 Notice of Special Appearance Attachment: Electronic Filing Attorney Registration Form signed by Andrew T. Miltenberg, Esq. Each attorney must file his or her own notice of appearance or notice of special appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. (Stouch, L.) [Transferred from nced on 4/2/2024.] |
| NOTICE OF DEFICIENCY regarding #3 Notice of Special Appearance. Notice of Special Appearance. Pursuant to Local Rule 83.1(e)(1), the Special Appearance Attorney must complete the "electronic filing attorney registration form" and comply with Section IV.D of the Policy Manual. Once Counsel receives their login and password, they must file their notice of special appearance so that they will be added to the docket and be able to receive notices of electronic filing "NEF's". (Rudd, D.) [Transferred from nced on 4/2/2024.] |
| Filing 6 Memorandum in Support regarding #5 EX PARTE MOTION by John Doe for Leave to Proceed under a Pseudonym filed by John Doe. (Ekstrand, Robert) [Transferred from nced on 4/2/2024.] |
| Filing 5 EX PARTE MOTION by John Doe for Leave to Proceed under a Pseudonym. (Attachments: #1 Proposed Order) (Ekstrand, Robert) [Transferred from nced on 4/2/2024.] |
| Filing 4 Financial Disclosure Statement by John Doe (Ekstrand, Robert) [Transferred from nced on 4/2/2024.] |
| Filing 3 Notice of Special Appearance for non-district by Robert C. Ekstrand on behalf of John Doe. (Ekstrand, Robert) [Transferred from nced on 4/2/2024.] |
| Filing 2 Notice of Appearance filed by Robert C. Ekstrand on behalf of John Doe. (Ekstrand, Robert) [Transferred from nced on 4/2/2024.] |
| Filing 1 COMPLAINT against Jane Doe ( Filing fee $ 402 receipt number ANCEDC-6857958.), filed by John Doe. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Ekstrand, Robert) [Transferred from nced on 4/2/2024.] |
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| Plaintiff: Ian McLaughlin | |
| Represented By: | Andrew T Miltenberg |
| Represented By: | Robert C. Ekstrand |
| Represented By: | Kara Gorycki |
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| Defendant: Lily Chin | |
| Represented By: | Chelsea Pieroni |
| Represented By: | James Michael Weiss |
| Represented By: | Kelly Margolis Dagger |
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