Cocchiarella et al v. Kim
| Jack Cocchiarella and Politically Correct Strategies LLC |
| Nate Kim |
| 1:2022cv00367 |
| September 16, 2022 |
| US District Court for the District of New Hampshire |
| Samantha D Elliott |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 34 OBJECTION to #31 MOTION to Strike #24 Answer to Complaint Plaintiff's Motion to Strike Defendant Nathan Kim's Affirmative Defenses filed by Nate Kim. Follow up on Reply on 11/21/2022. 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 Memo of Law, #2 Exhibit A- Tweets)(King, Benjamin) |
ENDORSED ORDER granting #33 Joint Motion for Mediation. Text of Order: Granted. The court understands that the parties will arrange to mediate this case with Magistrate Judge Johnstone. So Ordered by Judge Samantha D. Elliott.(vln)
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| Filing 33 Joint Motion for Mediation by Jack Cocchiarella(Collimore, Kevin) |
| NOTICE of ECF Filing Error re: #33 Miscellaneous Filing filed by Jack Cocchiarella. Filer used the wrong event. Filer should have used Motion / Miscellaneous Relief. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(vln) |
| Filing 32 NOTICE of Service of Subpoenas by Jack Cocchiarella. (Attachments: #1 Exhibit 1. Subpoena Proof of Service Fizz Social Corp, #2 Exhibit 2. Subpoena Proof of Service Reddit Inc., #3 Exhibit 3. Subpoena Proof of Service Twitter Inc)(Stone, Susan) |
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ENDORSED ORDER denying as moot #13 MOTION to Quash Subpoena and for Protective Order ; denying as moot #14 Motion for Leave ; denying as moot #20 MOTION to Quash Subpoena and for Protective Order. Text of Order: Denied as moot. So Ordered by Judge Samantha D. Elliott.(vln)
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| TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 5/16/2023 09:30 AM before Judge Samantha D. Elliott. Final Pretrial Conference set for 5/2/2023 10:00 AM before Judge Samantha D. Elliott. Pretrial Statements due 4/11/2023. LR 16.2(d) Objections due 4/25/2023. Summary Judgment Motions due by 1/30/2023. (vln) |
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ENDORSED ORDER approving #27 Discovery Plan. Length of Trial 3-4.. Text of Order: Approved and adopted as a pretrial scheduling order So Ordered by Judge Samantha D. Elliott.(vln)
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| Filing 31 MOTION to Strike #24 Answer to Complaint Plaintiff's Motion to Strike Defendant Nathan Kim's Affirmative Defenses filed by Jack Cocchiarella, Politically Correct Strategies LLC.Follow up on Objection on 11/14/2022. 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 Exhibit Ex. A - DeBenedetto Parties)(Stone, Susan) |
| Filing 30 SURREPLY to Reply to #2 MOTION for Preliminary Injunction (and Permanent Injunction) filed by Nate Kim. (Attachments: #1 Exhibit (Affidavit) A- Declaration of Nathan Kim)(King, Benjamin) |
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ENDORSED ORDER granting #26 Motion for Leave to File. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Samantha D. Elliott.(vln)
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| RESCHEDULING NOTICE of Hearing. Pretrial Conference set for 11/9/2022 10:00 AM by VIDEO before Judge Samantha D. Elliott.(vln) |
| Filing 29 NOTICE of Issuance of Subpoenas by Jack Cocchiarella. (Attachments: #1 Exhibit 1 - Subpoenas to Twitter, Fizz and Reddit)(Stone, Susan) |
| Filing 28 OBJECTION to #20 MOTION to Quash Subpoenas Plaintiffs' Objection to Defendant Nathan Kim's Motion to Quash Subpoenas filed by Jack Cocchiarella, Politically Correct Strategies LLC. Follow up on Reply on 10/26/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Stone, Susan) |
| Filing 27 Proposed Discovery Plan Joint Discovery Plan filed by Jack Cocchiarella, Politically Correct Strategies LLC. (Stone, Susan) |
| Filing 26 MOTION for Leave to File Surreply filed by Nate Kim.Follow up on Objection on 10/31/2022. 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 Surreply Memorandum, #2 Exhibit (Affidavit) A- Declaration of Nathan Kim)(King, Benjamin) |
| Filing 25 REPLY to Objection to Motion re #2 MOTION for Preliminary Injunction (and Permanent Injunction) Plaintiffs' Memorandum in Reply to Defendant's Objection to Motion for Preliminary and Permanent Injunction and Bench Brief Pursuant to the Court's Request filed by Jack Cocchiarella, Politically Correct Strategies LLC. Surreply due by 10/17/2022. (Stone, Susan) |
| Filing 24 Defendant's ANSWER to #1 Complaint - New Case and Statement of Affirmative Defenses filed by Nate Kim.(King, Benjamin) |
| NOTICE of ECF Filing Error re: #23 MOTION for Leave to File Memorandum in Reply and Bench Brief Plaintiffs' Motion for Leave to File Memorandum in Reply to Defendant's Objection to Motion for Preliminary and Permanent Injunction and Bench Brief Pursuant to the Court's filed by Politically Correct Strategies LLC, Jack Cocchiarella. Document should have been filed as an attachment to the main document (AP 2.5(a)). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(vln) |
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ENDORSED ORDER #22 Notice of Voluntary Dismissal. Text of Order: Reviewed. So Ordered by Judge Samantha D. Elliott.(vln)
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ENDORSED ORDER granting #23 Motion for Leave to File Memorandum in Reply to Defendant's Objection to Motion for Preliminary and Permanent Injunction and Bench Brief Pursuant to the Court's Request. Text of Order: Granted. The plaintiffs shall refile Exhibit A to their motion as a new document. In the future, the court will deny without prejudice any non-dispositive motion that does not comply with Local Rule 7.1(c), which requires a moving party to certify to the court that he or she has sought the opposing party's concurrence before filing the motion. So Ordered by Judge Samantha D. Elliott.(vln)
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| NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 12/2/2022 10:00 AM before Judge Samantha D. Elliott. Discovery Plan DUE BY 11/25/2022. 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.(vln) |
| Filing 23 MOTION for Leave to File Memorandum in Reply and Bench Brief Plaintiffs' Motion for Leave to File Memorandum in Reply to Defendant's Objection to Motion for Preliminary and Permanent Injunction and Bench Brief Pursuant to the Court's Request filed by Jack Cocchiarella, Politically Correct Strategies LLC.Follow up on Objection on 10/24/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Stone, Susan) |
| Filing 22 ///NOTICE of Voluntary Dismissal as to Count Three Plaintiffs' Notice of Voluntary Dismissal of Count Three of Plaintiffs' Complaint by Jack Cocchiarella, Politically Correct Strategies LLC(Stone, Susan) |
| Filing 21 Disclosure Statement by Politically Correct Strategies LLC disclosing no parent company, no publicly traded company, and no merger agreement. Corporate Disclosure Statement for Politically Correct Strategies, LLC (Stone, Susan) |
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ENDORSED ORDER granting #3 Motion to Expedite Discovery. Text of Order: For the reasons stated in the plaintiffs' motion and on the record during today's status conference, the plaintiffs' motion requesting expedited discovery is granted with the following modification: The defendant shall respond to the plaintiffs' discovery requests on or before November 7, 2022. So Ordered by Judge Samantha D. Elliott.(lw)
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ORAL ORDER granting #16 Motion to Clarify. So Ordered by Judge Samantha D. Elliott.(lw)
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| Minute Entry for proceedings held before Judge Samantha D. Elliott. STATUS CONFERENCE held on 10/6/2022. Oral Order granting Motion to Clarify for the reasons stated on the record. Discovery Plan to be filed on October 18, 2022. (Court Reporter: Liza Dubois) (Pltfs Atty: Susan Stone, Kristina Supler, Kevin Collimore) (Defts Atty: Benjamin King, Samantha Heuring)(Total Hearing Time: 55 min.) (lw) |
| Filing 20 MOTION to Quash Subpoenas filed by Nate Kim.Follow up on Objection on 10/19/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(King, Benjamin) |
| Filing 19 NOTICE of Attorney Appearance by Samantha J Heuring on behalf of Nate Kim Attorney Samantha J Heuring added to party Nate Kim(pty:dft).(Heuring, Samantha) |
| Filing 18 OBJECTION to #3 MOTION to Expedite Discovery filed by Nate Kim. Follow up on Reply on 10/11/2022. 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 Memo of Law)(King, Benjamin) |
| Filing 17 OBJECTION to #2 MOTION for Preliminary Injunction (and Permanent Injunction) filed by Nate Kim. Follow up on Reply on 10/11/2022. 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 Memo of Law, #2 Exhibit A- Librex post, #3 Exhibit B- Librex post, #4 Exhibit C- Dartmouth Democrat tweet, #5 Exhibit D- Washington Free Beacon Aug9,2022, #6 Exhibit E- NH Journal Aug11,2022, #7 Exhibit F- NH Journal Aug26,2022, #8 Exhibit G- Tweet Dec15,2021, #9 Exhibit H- Tweet Dec17,2021)(King, Benjamin) |
| Filing 16 MOTION to Clarify #3 Motion to Expedite, #2 Motion for Preliminary Injunction, Motion to Clarify October 3, 2022, as the Deadline for Defendant's Objections to Motions Served September 19, 2022, but Filed September 16, 2022 filed by Nate Kim.Follow up on Objection on 10/14/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(King, Benjamin) |
| Filing 15 MEMORANDUM in Opposition re #13 MOTION to Quash Subpoena and for Protective Order filed by Jack Cocchiarella. Follow up on Reply on 10/4/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Stone, Susan) |
| Filing 14 MOTION for Leave to Issue Subpoenas Prior to 26(f) Conference filed by Jack Cocchiarella.Follow up on Objection on 10/11/2022. 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 Exhibit A)(Stone, Susan) |
| NOTICE of VIDEO Hearing re: #2 MOTION for Preliminary Injunction (and Permanent Injunction). Status Conference set for 10/5/2022 10:00 AM by ZOOM before Judge Samantha D. Elliott.(vln) |
| RESCHEDULING NOTICE VIDEO of Hearing re: #2 MOTION for Preliminary Injunction (and Permanent Injunction). Status Conference set for 10/6/2022 02:00 PM by ZOOM before Judge Samantha D. Elliott.(vln) |
| Filing 13 MOTION to Quash Subpoena and for Protective Order filed by Nate Kim.Follow up on Objection on 10/11/2022. 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 Exhibit A- Twitter subpoena, #2 Exhibit B- Email to Supler)(King, Benjamin) |
| Filing 12 NOTICE of Attorney Appearance by Benjamin T. King on behalf of Nate Kim Attorney Benjamin T. King added to party Nate Kim(pty:dft).(King, Benjamin) |
| Filing 11 NOTICE of Issuance of Subpoena by Jack Cocchiarella. (Attachments: #1 Exhibit 1 Subpoenas to Reddit Fizz and Twitter)(Stone, Susan) |
| Filing 10 Return of Service Executed as to Nate Kim by Jack Cocchiarella, Politically Correct Strategies LLC. Served/Mailed on 9/19/2022. Answer Follow Up on 10/11/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Stone, Susan) |
| Filing 9 NOTICE of Attorney Appearance by Kristina W. Supler on behalf of Jack Cocchiarella, Politically Correct Strategies LLC Attorney Kristina W. Supler added to party Jack Cocchiarella(pty:pla), Attorney Kristina W. Supler added to party Politically Correct Strategies LLC(pty:pla).(Supler, Kristina) |
| Filing 8 NOTICE of Attorney Appearance by Susan Stone on behalf of Jack Cocchiarella, Politically Correct Strategies LLC Attorney Susan Stone added to party Jack Cocchiarella(pty:pla), Attorney Susan Stone added to party Politically Correct Strategies LLC(pty:pla).(Stone, Susan) |
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ENDORSED ORDER granting #4 Motion for Susan C. Stone to Appear Pro Hac Vice; granting #5 Motion for Kristina W. Supler to Appear Pro Hac Vice; granting #6 Motion for Nathan F. Studeny 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 Judge Samantha D. Elliott.The clerks 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.(vln)
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| Filing 7 Summons issued electronically as to Nate Kim. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(mc) |
| Filing 6 MOTION for Nathan F. Studeny to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2292491.) filed by Jack Cocchiarella, Politically Correct Strategies LLC.Follow up on Objection on 9/30/2022. 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 Exhibit (Affidavit))(Collimore, Kevin) |
| Filing 5 MOTION for Kristina W. Supler to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2292488.) filed by Jack Cocchiarella, Politically Correct Strategies LLC.Follow up on Objection on 9/30/2022. 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 Exhibit (Affidavit))(Collimore, Kevin) |
| Filing 4 MOTION for Susan C. Stone to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2292481.) filed by Jack Cocchiarella, Politically Correct Strategies LLC.Follow up on Objection on 9/30/2022. 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 Exhibit (Affidavit))(Collimore, Kevin) |
| Filing 3 MOTION to Expedite Discovery filed by Jack Cocchiarella, Politically Correct Strategies LLC.Follow up on Objection on 9/30/2022. 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 Exhibit A - Expedited Discovery - Ints, #2 Exhibit B - Expedited Discovery - RPD, #3 Proposed Order)(Collimore, Kevin) |
| Filing 2 MOTION for Preliminary Injunction (and Permanent Injunction) filed by Jack Cocchiarella, Politically Correct Strategies LLC. HEARING REQUESTED.Follow up on Objection on 9/30/2022. 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 Proposed Order)(Collimore, Kevin) |
| Filing 1 NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 402, receipt number ANHDC-2292467 filed by Jack Cocchiarella, Politically Correct Strategies LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons - Waiver)(Collimore, Kevin) |
| 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) |
| Case assigned to Judge Samantha D. Elliott. The case designation is: 1:22-cv-367-SE. Please show this number with the judge designation on all future pleadings. (mc) |
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