Lewis et al v. Abramson
Robert Patrick Lewis, Philip A Luelsdorff, 1AP, Inc. and Philip A. Luelsdorff |
Seth Abramson |
1:2022cv00126 |
April 15, 2022 |
US District Court for the District of New Hampshire |
Paul J Barbadoro |
Andrea K Johnstone |
Assault Libel & Slander |
28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
Plaintiff |
Docket Report
This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
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Minute Entry for proceedings held before Judge Paul J. Barbadoro. MOTION HEARING held on 12/21/2022 re #20 MOTION to Dismiss for Failure to State a Claim Replaces document no.19. Order to issue. Parties to file supplemental briefing limited to 10 pages. Supplemental discovery plan due 14 days after ruling on motion to dismiss. (Court Reporter: Liza Dubois) (Pltfs Atty: Steven S. Biss; Bryan K. Gould) (Defts Atty: Timothy John McLaughlin; William E. Christie)(Total Hearing Time: 2 hours 5 minutes) (js) |
NOTICE re: #20 MOTION to Dismiss for Failure to State a Claim Replaces document no.19. Motion Hearing set for 12/21/2022 09:00 AM before Judge Paul J. Barbadoro.(js) |
Filing 23 Proposed Discovery Plan filed by Seth Abramson. (Bendeck, Stephanie) |
Filing 22 MEMORANDUM in Opposition re #20 MOTION to Dismiss for Failure to State a Claim Replaces document no.19 filed by 1AP, Inc., Robert Patrick Lewis, Philip A. Luelsdorff. Follow up on Reply on 9/9/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Biss, Steven) |
Minute Entry for proceedings held before Judge Paul J. Barbadoro. PRETRIAL CONFERENCE held on 8/24/2022. Stay of discovery until further order of the court. Parties to file a new proposed discovery plan within 14 days. (Court Reporter: Liza Dubois) (Pltfs Atty: Steven S. Biss; Morgan Tanafon) (Defts Atty: Stephanie Bendeck; Timothy John McLaughlin)(Total Hearing Time: 20 minutes) (js) |
Filing 21 Proposed Discovery Plan filed by 1AP, Inc., Robert Patrick Lewis, Philip A. Luelsdorff. (Biss, Steven) |
Filing 20 MOTION to Dismiss for Failure to State a Claim Replaces document no.19 filed by Seth Abramson.Follow up on Objection on 9/2/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Defendant's Motion to Dismiss for Failure to State a Claim, #2 Exhibit Exhibit 1 - 1AP Website, #3 Exhibit Exhibit 2 - A Comprehensive Overview of All Five of Donald Trump's January 6 War Rooms, #4 Exhibit Exhibit 3 - 6-28-2021 Major Breaking News Trump Was in Contact with Insurrectionist Leaders on Insurrection Eve, #5 Exhibit Exhibit 4 - 6-30-2021 Major Breaking News Far Right Militants were in Trump's Insurrection Week Command Center, #6 Exhibit Exhibit 5 - 7-12-2021 The Best Unpublished Proof Insurrection Research, Vol. 1, #7 Exhibit Exhibit 6 - 9-23-2021 Breaking News Trump's Insurrection Eve Willard Hotel War Room Attendee List Swells, #8 Exhibit Exhibit 7 - Combined Tweets, #9 Exhibit Exhibit 8 - June 10, 2021 Daily Beast Article, #10 Exhibit Exhibit 9 - PTV Interview, #11 Exhibit Exhibit 10 - After Dark Interview, #12 Exhibit Exhibit 11 - McAdoo Letter, #13 Exhibit Exhibit 12 - Mother Jones Article, #14 Exhibit Exhibit 13 - Guardian Article, #15 Exhibit Exhibit 14 -Other Account Tweets)(Bendeck, Stephanie) |
Filing 19 MOTION REFILED. SEE DOC. NO. 20 MOTION to Dismiss for Failure to State a Claim filed by Seth Abramson.Follow up on Objection on 9/2/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Defendant's Motion to Dismiss for Failure to State a Claim, #2 Exhibit Exhibits 1-14)(Bendeck, Stephanie) Modified on 8/19/2022 to add: Refiled text (js). |
NOTICE of ECF Filing Error re: #19 MOTION to Dismiss for Failure to State a Claim filed by Seth Abramson. Exhibits or Attachments added as one PDF document. Filer shall refile the main pleading and all exhibits in one entry as separate PDF documents and enter in the docket text: Replaces document no. 19. Compliance Deadline set for 8/19/2022.(js) |
Motions terminated: #19 MOTION to Dismiss for Failure to State a Claim filed by Seth Abramson. MOTION REFILED. SEE DOC. NO. 20 (js) |
Clerk's Notice - No Proposed Discovery Plan Filed. The parties are directed to file a proposed discovery plan within 24 hours of this notice. Follow up on Discovery Plan 8/19/2022.(js) |
Filing 18 NOTICE of Attorney Appearance by Stephanie Bendeck on behalf of Seth Abramson Attorney Stephanie Bendeck added to party Seth Abramson(pty:dft).(Bendeck, Stephanie) |
ENDORSED ORDER granting #17 Motion for Stephanie Bendeck to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(js) |
Filing 17 Assented to MOTION for Stephanie Bendeck to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2280091.) filed by Seth Abramson. (Attachments: #1 Exhibit (Affidavit) Affidavit in Compliance with LR 83.2(b) of Attorney Stephanie Bendeck in Support of Defendant Seth Abramson's Motion for Counsel to Appear Pro Hac Vice)(Hinrichsen, Christian) |
ENDORSED ORDER denying without prejudice #12 Motion to Dismiss for Failure to State a Claim. Text of Order: On August 8, 2022, an Amended Complaint was filed as of right. Therefore, in accordance with LR 15.1(c), the pending Motion to Dismiss for Failure to State a Claim is denied without prejudice. The defendant shall respond to the Amended Complaint as may be appropriate under Fed. R. Civ. P. 12, within the time allowed under Fed. R. Civ. P. 15(a). So Ordered by Judge Paul J. Barbadoro.(js) |
Filing 16 AMENDED COMPLAINT against Seth Abramson with jury demand filed by Robert Patrick Lewis, 1AP, Inc., Philip A. Luelsdorff.(Biss, Steven) |
Filing 15 NOTICE of Attorney Appearance by Christian Hinrichsen on behalf of Seth Abramson Attorney Christian Hinrichsen added to party Seth Abramson(pty:dft).(Hinrichsen, Christian) |
ENDORSED ORDER RE #12 MOTION to Dismiss for Failure to State a Claim. Text of Order: I direct the plaintiffs to respond to the motion within 14 days. So Ordered by Judge Paul J. Barbadoro.(js) |
Filing 14 NOTICE of Attorney Appearance by Steven S Biss on behalf of Robert Patrick Lewis, Philip A. Luelsdorff and 1AP, Inc. Attorney Steven S Biss added to party Robert Patrick Lewis(pty:pla), Attorney Steven S Biss added to party Philip A. Luelsdorff(pty:pla).(Biss, Steven) |
ENDORSED ORDER granting #13 Assented to Motion for Steven S. Biss to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court So Ordered by US Magistrate Judge Andrea K Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(js) |
Filing 13 Assented to MOTION for Steven S. Biss to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2274338.) filed by 1AP, Inc., Robert Patrick Lewis, Philip A. Luelsdorff. (Attachments: #1 Exhibit (Affidavit) A-Affidavit of Steven S. Biss, #2 Exhibit B-Certificate of Good Standing)(Tanafon, Morgan) |
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set VIA VIDEO CONFERENCE for 8/24/2022 02:00 PM before Judge Paul J. Barbadoro. Follow up on Discovery Plan 8/17/2022. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(js) |
Filing 12 MOTION to Dismiss for Failure to State a Claim filed by Seth Abramson.Follow up on Objection on 8/1/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law in support of Motion to Dismiss, #2 Exhibit 1 - 1AP Website, #3 Exhibit 2 - June 21st Substack, #4 Exhibit 3 - June 28th Substack, #5 Exhibit 4 - June 30th Substack, #6 Exhibit 5 - July 12th Substack, #7 Exhibit 6 - September 23rd Substack, #8 Exhibit 7 - Abramson Tweets, #9 Exhibit 8 - June 10, 2021 Daily Beast Article, #10 Exhibit 9 - PTV Interview, #11 Exhibit 10 - After Dark Interview, #12 Exhibit 11 - McAdoo Letter)(McLaughlin, Timothy) |
ENDORSED ORDER terminating #9 Discovery Plan. PRETRIAL CONFERENCE CANCELLED. Text of Order: The court declines to adopt the current discovery plan and directs the clerk to reschedule the preliminary pretrial conference. The parties shall file a new proposed discovery plan after the defendant responds to the complaint. The clerk shall set a new scheduling conference after the new discovery plan is filed. So Ordered by Judge Paul J. Barbadoro.(js) |
Case reassigned to Judge Paul J. Barbadoro. Reason for Reassignment: not all parties consent to the assignment of this case to the magistrate judge. The new case designation is: 22-cv-126-PB. Please show this number with the correct judge designation on all further pleadings.(kad) |
Filing 11 Disclosure Statement by 1AP, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Gould, Bryan) |
NOTICE of ECF Filing Error: Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed. No Disclosure Statement has been filed. 1AP, Inc. must file a Disclosure Statement using the Other Documents/Disclosure Statement event. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423. Disclosure Statement due 6/17/2022. (lw) |
Filing 10 NO CONSENT to Jurisdiction by U.S. Magistrate Judge. Because not all parties to the case consent to the assignment of a United States Magistrate Judge for all purposes including trial, pursuant to Fed. R. Civ. P. 73, 28 U.S.C. sec. 636(c), and Local Rule 73.1(b)(2), the case will be assigned to a United States District Judge. Clerk Daniel J. Lynch. (Gould, Bryan) |
Filing 9 Proposed Discovery Plan filed by 1AP, Inc., Robert Patrick Lewis, Philip A. Luelsdorff. In cases assigned to the Magistrate Judge, plaintiff, or the removing defendant if the case was initiated by a Notice of Removal, is responsible for filing a consent form on or before the deadline for filing the Discovery Plan using the Other Documents/Magistrate Judge Assignment--Consent/Objection event.(Gould, Bryan) |
Filing 8 NOTICE of Attorney Appearance by William E. Christie on behalf of Seth Abramson Attorney William E. Christie added to party Seth Abramson(pty:dft).(Christie, William) |
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 6/30/2022 10:00 AM before Magistrate Judge Andrea K. Johnstone. Follow up on Discovery Plan 6/23/2022. If no consent form has been filed, a consent form is due on or before the deadline for filing the discovery plan.(kad) |
Filing 7 NOTICE of Attorney Appearance by Timothy John McLaughlin on behalf of Seth Abramson Attorney Timothy John McLaughlin added to party Seth Abramson(pty:dft).(McLaughlin, Timothy) |
Filing 6 WAIVER OF SERVICE Returned Executed as to Seth Abramson by All Plaintiffs. Served/Mailed on 5/20/2022. Answer Follow Up on 7/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Gould, Bryan) |
Filing 5 Summons and Waiver issued electronically as to Seth Abramson. NOTICE: Counsel shall print and serve the summons and waiver and all attachments in accordance with Fed. R. Civ. P. 4. NOTICE of Assignment to Magistrate Judge attached. (Attachments: #1 Notice ECF, #2 Assignment to Magistrate)(mc) |
Filing 4 NOTICE of Attorney Appearance by Morgan Tanafon on behalf of 1AP, Inc., Robert Patrick Lewis, Philip A. Luelsdorff Attorney Morgan Tanafon added to party 1AP, Inc.(pty:pla), Attorney Morgan Tanafon added to party Robert Patrick Lewis(pty:pla), Attorney Morgan Tanafon added to party Philip A. Luelsdorff(pty:pla).(Tanafon, Morgan) |
Filing 3 * FILED IN ERROR - REPLACED BY DOC #5 -- Summons and Waiver issued electronically as to Seth Abramson. NOTICE: Counsel shall print and serve the summons and waiver and all attachments in accordance with Fed. R. Civ. P. 4. NOTICE of Assignment to Magistrate Judge attached. (Attachments: #1 Notice ECF, #2 Assignment to Magistrate)(mc) Modified on 4/29/2022 to add: FILED IN ERROR (mc). |
NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc) |
Filing 2 NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to plaintiffs for service on all parties. MJ Consent Form Due 6/6/2022.(mc) |
Case assigned to Magistrate Judge Andrea K. Johnstone. The case designation is: 1:22-cv-126-AJ. Please show this number with the judge designation on all future pleadings. (mc) |
Filing 1 NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 402, receipt number ANHDC-2238861 filed by Robert Patrick Lewis, 1AP, Inc., Philip A Luelsdorff. (Attachments: #1 Civil Cover Sheet)(Gould, Bryan) (Additional attachment(s) added on 4/21/2022: #2 Service Documents) (mc). |
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