VIOLA v. BENTON et al
| FRANCESCA VIOLA |
| PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION) and JOSHUA BENTON |
| 1:2021cv10426 |
| March 11, 2021 |
| US District Court for the District of Massachusetts |
| Leo T Sorokin |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 30, 2021. A more recent docket listing may be available from PACER.
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| Filing 50 Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin. Status Conference held on 4/30/2021. The court goes over the status of the case and discusses considering Restorative Justice with the parties. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) |
| Filing 49 ELECTRONIC NOTICE of Hearing. Status Conference set for 4/28/2021 at 09:30 AM before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Pacho, Arnold) |
| Filing 48 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court will hold a status conference in this case on Wednesday April 28, 2021 at 9:30 a.m. via Zoom. This conference is not a hearing on the motion to dismiss and the Court does not intend to hear argument on that motion at the hearing. In addition to counsel, Ms. Viola, Mr. Benton and a representative of Harvard shall attend the conference. (Pacho, Arnold) |
| Filing 47 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #46 Motion for Leave to Appear Pro Hac Vice. Added Dorrian H. Horsey. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) |
| Filing 46 MOTION for Leave to Appear Pro Hac Vice for admission of Dorrian H. Horsey Filing fee: $ 100, receipt number 0101-8740753 by FRANCESCA VIOLA. (Attachments: #1 Affidavit Affidavit of Dorrian Horsey, #2 Exhibit COGS--North Carolina, #3 Exhibit COGS--Ohio)(Wolman, Jay) |
| Filing 45 NOTICE of Withdrawal of Appearance Attorney DAVID P. HEIM terminated. (Montes, Mariliz) |
| Filing 44 District Judge Leo T. Sorokin. ORDER REQUIRING COMPLIANCE WITH GENERAL PRACTICES OF THIS SESSION entered. (Simeone, Maria) |
| Filing 43 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court will resolve the Rule 12(b)(6) portion of the Motion to Dismiss filed by Harvard (joined by Defendant Benton) based on the briefs filed in the Eastern District of Pennsylvania. The Court will disregard the personal jurisdiction arguments, as the transfer resolved that issue and the arguments appear easily segregated. After further review of the papers, the Court anticipates then scheduling a hearing. (Montes, Mariliz) |
| Filing 42 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #34 Motion for Leave to Appear Pro Hac Vice Added Aaron M. Minc. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) |
| Filing 41 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #38 Motion for Leave to Appear Pro Hac Vice Added Kendra Baisinger. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) |
| Filing 40 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #37 Motion for Leave to Appear Pro Hac Vice Added Jeremy D. Mishkin. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) |
| Filing 39 STATUS REPORT Of All Parties by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). (Albano, Jonathan) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice for admission of Kendra Baisinger Filing fee: $ 100, receipt number 0101-8689165 by JOSHUA BENTON.(Pastore, Timothy) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice for admission of Jeremy D. Mishkin Filing fee: $ 100, receipt number 0101-8689148 by JOSHUA BENTON.(Pastore, Timothy) |
| Filing 36 NOTICE of Appearance by Timothy J. Pastore on behalf of JOSHUA BENTON (Pastore, Timothy) |
| Filing 35 NOTICE of Appearance by Marc J. Randazza on behalf of FRANCESCA VIOLA (Randazza, Marc) |
| Filing 34 MOTION for Leave to Appear Pro Hac Vice for admission of Aaron M. Minc Filing fee: $ 100, receipt number 0101-8688533 by FRANCESCA VIOLA. (Attachments: #1 Exhibit Certificate of Aaron Minc, #2 Exhibit Certificate of Good Standing)(Wolman, Jay) |
| Filing 33 NOTICE of Appearance by Jay M. Wolman on behalf of FRANCESCA VIOLA (Wolman, Jay) |
| Filing 32 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered.The parties shall file a joint status report by March 19, 2021 stating their joint or separate positions as to a schedule for this matter as well as identifying unresolved motions, if any. ( Status Report due by 3/19/2021)(Montes, Mariliz) |
| Filing 31 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Danieli, Chris) |
| Filing 30 Case transferred in from District of Pennsylvania Eastern; Case Number 2:20-cv-01439. |
Filing 29
ORDER THAT UPON CONSIDERATION OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, [ECF 12], FILED BY DEFENDANT PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD), PLAINTIFFS RESPONSE IN OPPOSITION THERETO, [ECF 15], HARVARDS REPLY, [ECF 22], PLAINTIFFS SUR-REPLY, [ECF 25], AND THE ALLEGATIONS CONTAINED IN THE AMENDED COMPLAINT, [ECF 10], IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED. ACCORDINGLY, THE CLERK OF COURT IS DIRECTED TO TRANSFER THIS MATTER TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OFMASSACHUSETTS. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 2/9/2021.2/9/2021 ENTERED AND COPIES E-MAILED.(sg, )
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Filing 28
ORDER THAT UPON CONSIDERATION OF DEFENDANT JOSHUABENTONS MOTION TO JOIN AND ADOPT CODEFENDANTS MOTION TO DISMISS, [ECF 26], IT IS HEREBYORDERED THAT THE MOTION IS GRANTED.SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 10/21/2020.10/21/2020 ENTERED AND COPIES E-MAILED.(sg, )
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| Filing 27 NOTICE of Appearance by KENDRA LEE BAISINGER on behalf of JOSHUA BENTON with Certificate of Service(BAISINGER, KENDRA) |
| Filing 26 MOTION for Joinder in and Adoption of Co-Defendant Harvard's Motion to Dismiss pursuant to Rule 12(b)(6) filed by JOSHUA BENTON.Certificate of Service. (Attachments: #1 Text of Proposed Order)(MISHKIN, JEREMY) |
| DOC. 19, AND 23 MAILED TO UNREP. (sg, ) |
| Filing 25 REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Fed. R. Civ. P. 12(b)(6) and Lack of Personal Jurisdiction under Fed. R. Civ. P. 12(b)(2) against Plaintiff's Amended Complaint Plaintiff's Surreply In Further Opposition to Defendant's Motion to Dismiss filed by FRANCESCA VIOLA. (Attachments: #1 Exhibit Brief of Citizen Media Law Project)(HORSEY, DORRIAN) |
| Filing 24 NOTICE by FRANCESCA VIOLA Supplemental Certificate of Service for Amended Complaint (HORSEY, DORRIAN) |
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Filing 23
ORDER THAT JONATHAN ALBANO'S MOTION FOR ADMISSION PRO HAC VICE IS GRANTED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/21/2020.8/21/2020 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREP.(sg, )
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| Filing 21 MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number 0313-14510817.) filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION)..(BECKER, LILY) |
| Filing 20 MOTION for Pro Hac Vice filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).Certificate of Service.(BECKER, LILY) *RE-FILED AT DOC. #21 * Modified on 8/24/2020 (lisad, ). |
| Filing 22 REPLY BRIEF OF DEFENDANT PRESIDENT AND FELLOWS OF HARVARDCOLLEGE IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS AMENDEDCOMPLAINT, filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). (sg, ) |
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Filing 19
ORDERED THAT THE MOTION FOR LEAVE TO FILE IS GRANTED, AND THE REPLY ATTACHED TO THE UNDERLYING MOTION AS EXHIBIT A SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. IT IS FURTHER ORDERED THAT PLAINTIFF MAY FILE A SUR-REPLY, NOT TO ECEED TEN PAGES, ON OR BEFORE 9/7/2020. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/20/2020.8/20/2020 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREP.(sg, )
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| Filing 18 MOTION for Leave to File Reply Memorandum of Law in further support of its Motion to Dismiss the Amended Complaint filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Reply Memorandum of Law)(LAVELLE, JOHN) |
| Filing 17 WAIVER OF SERVICE Returned Executed by FRANCESCA VIOLA. All Defendants. (MINC, AARON) |
| Filing 16 Plaintiff's Proposed Order on Defendant's Motion to Dismiss filed by FRANCESCA VIOLA. (MINC, AARON) *FORWARDED TO JUDGE* Modified on 7/30/2020 (lisad, ). |
| Filing 15 RESPONSE in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Fed. R. Civ. P. 12(b)(6) and Lack of Personal Jurisdiction under Fed. R. Civ. P. 12(b)(2) against Plaintiff's Amended Complaint filed by FRANCESCA VIOLA. (MINC, AARON) |
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Orders 4,5,11 and 14 mailed to Joshua Benton. (fdc)
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| MAILED OUT ORDER ENTRIES # 4,5,11 AND 14 TO COUNSEL ON 7/14/20. NEF REGENERATED ON 7/15/20. (jaa, ) Modified on 7/15/2020 (lisad, ). |
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Filing 14
ORDER THAT THE PARTIES STIPULATION FOR EXTENSION OF TIME IS APPROVED. PLAINTIFFS SHALL TAKE ALL REASONABLE ACTIONS NECESSARY TO RESPOND TO DEFENDANT HARVARD'S MOTION TO DISMISS BY 7/29/20; ETC.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 7/6/20. 7/6/20 ENTERED AND E-MAILED, NOT MAILED TO UNREP.(JL)
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| Filing 13 MOTION for Extension of Time to File Response/Reply Defendant's Motion to Dismiss filed by FRANCESCA VIOLA.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time)(MINC, AARON) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Fed. R. Civ. P. 12(b)(6) and Lack of Personal Jurisdiction under Fed. R. Civ. P. 12(b)(2) against Plaintiff's Amended Complaint filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).Memorandum, Certificate of Service, Declaration. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Declaration of Bradley E. Abruzzi, #9 Exhibit A to Declaration of Bradley E. Abruzzi)(LAVELLE, JOHN) |
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Filing 11
ORDER THAT DEFENDANT'S #8 MOTION TO DISMISS IS DENIED AS MOOT. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 6/16/20.6/16/20 ENTERED & E-MAILED. NOT MAILED TO UNREP PARTY BENSON. (fdc)
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| Filing 10 AMENDED COMPLAINT against All Defendants All Defendants., filed by FRANCESCA VIOLA. (Attachments: #1 Exhibit Exhibit A - joshuabenton.com descriptions, #2 Exhibit Exhibit B - Harvard Social Media Policy, #3 Exhibit Exhibit C - JBenton Twitter Description, #4 Exhibit Exhibit D - BRDPS, #5 Exhibit Exhibit E - Support Forum Thread, #6 Exhibit Exhibit F - Disqus Policies, #7 Exhibit Exhibit G - Harvard Privacy Statement, #8 Exhibit Exhibit H - Neiman Lab Article, #9 Exhibit Exhibit I - Alexander Best Comment, #10 Exhibit Exhibit J - Truthseeker Comment, #11 Exhibit Exhibit K - Twitter Statements, #12 Exhibit Exhibit L - Benton Apology)(MINC, AARON) |
| Filing 9 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(LAVELLE, JOHN) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Fed. R. Civ. P. 12(b)(6) and Lack of Personal Jurisdiction under Fed. R. Civ. P. 12(b)(2) filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).Memorandum of Law, Declarations and Certificate of Service. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Text of Proposed Order, #3 Declaration of John P. Lavelle, Jr., #4 Exhibit A to Lavelle Declaration, #5 Exhibit B to Lavelle Declaration, #6 Exhibit C to Lavelle Declaration, #7 Exhibit D to Lavelle Declaration, #8 Exhibit E to Lavelle Declaration, #9 Declaration Declaration of Bradley E. Abruzzi, #10 Exhibit A to Abruzzi Declaration)(LAVELLE, JOHN) |
| Filing 7 NOTICE of Appearance by JOHN P. LAVELLE, JR on behalf of PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION) with Certificate of Service(LAVELLE, JOHN) |
| Filing 6 NOTICE of Appearance by LILY GREER BECKER on behalf of PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION) with Certificate of Service(BECKER, LILY) |
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Filing 5
ORDER THAT THE THE APPLICATION FOR ADMISSION PRO HAC VICE OF AARON MINC ESQUIRE IS GRANTED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 3/30/2020.3/31/2020 ENTERED AND COPIES E-MAILED. COPY NOT MAILED TO UNREP. COPY NOT MAILED TO ATTORNEY WITH ECF APPLICATION.
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Filing 4
ORDER THAT THE THE APPLICATION FOR ADMISSION PRO HAC VICE OF DORRIAN H. HORSEY ESQUIRE IS GRANTED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 3/30/2020.3/31/2020 ENTERED AND COPIES E-MAILED. COPY NOT MAILED TO UNREP. COPY NOT MAILED TO ATTORNEY WITH ECF APPLICATION. (sg, )
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| Filing 3 MOTION for Pro Hac Vice of Aaron Minc, Esquire ( Filing fee $ 40 receipt number 0313-14207063.) filed by FRANCESCA VIOLA.Affidavit, Proposed Order, Certificate of Service.(HEIM, DAVID) |
| Filing 2 MOTION for Pro Hac Vice of Dorrian Horsey ( Filing fee $ 40 receipt number 0313-14206894.) filed by FRANCESCA VIOLA.Affidavit, Proposed Order, Certificate of Service.(HEIM, DAVID) |
| Filing 1 Complaint against JOSHUA BENTON and PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION) (Filing fee $400 receipt number PPE213003) filed by FRANCESCA VIOLA. (Attachments: #1 Civil Coversheets, #2 Exhibits)(mbh, ) |
| 2 Summonses Issued as to JOSHUA BENTON and PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). Forwarded To: counsel on 3/17/20 (mbh, ) |
| Demand for Trial by Jury. (mbh, ) |
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