Kennedy, Jr. v. Vickrey
Plaintiff: Robert F. Kennedy, Jr.
Defendant: David Vickrey
Case Number: 1:2023cv00487
Filed: October 31, 2023
Court: US District Court for the District of New Hampshire
Presiding Judge: Steven J McAuliffe
Referring Judge: Talesha Leah Saint-Marc
2 Judge: Talesha L Saint-Marc
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2023 Filing 20 OBJECTION to #19 MOTION to set evidentiary hearing on in personam jurisdiction pending jurisdictional discovery filed by David Vickrey. Follow up on Reply on 12/26/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Suslak, Brian)
December 11, 2023 Filing 19 MOTION to set evidentiary hearing on in personam jurisdiction pending jurisdictional discovery filed by Robert F. Kennedy, Jr.. HEARING REQUESTED.Follow up on Objection on 12/26/2023. 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)(Barnes, Robert)
December 11, 2023 Filing 18 SURREPLY to Reply to #4 MOTION to Dismiss filed by Robert F. Kennedy, Jr.. (Barnes, Robert)
December 8, 2023 Filing 17 Diversity of Citizenship Disclosure Statement by Robert F. Kennedy, Jr. identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Barnes, Robert)
December 6, 2023 Filing 16 Diversity of Citizenship Disclosure Statement by David Vickrey identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Suslak, Brian)
December 6, 2023 Filing 15 REPLY to Objection to Motion re #4 MOTION to Dismiss with Supplemental Disclosure filed by David Vickrey. Surreply due by 12/11/2023. (Attachments: #1 Supplemental Declaration)(Suslak, Brian)
December 1, 2023 NOTICE - ACTION REQUIRED: NO DIVERSITY DISCLOSURE STATEMENT FILED. Effective 12/1/2022 F.R.Civ.P. 7.1 was amended to require that parties or intervenors in diversity cases must file a Diversity Disclosure Statement when the action is filed or removed to federal court or with the first appearance, pleading, petition, motion, response or other request address to the court. Each party shall file a Diversity Disclosure Statement using the Civil/Other Filings/Other Documents/Diversity Citizenship Disclosure Statement event. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423. Compliance Deadline set for 12/8/2023.(lw)
November 30, 2023 NOTICE of ECF Filing Error re: #13 Memorandum in Opposition to Motion, filed by Robert F. Kennedy, Jr. Document should have been filed as an attachment to the main document (doc. no. 12) pursuant to 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.(lw)
November 30, 2023 NOTICE of ECF Filing Error re: #14 Notice of Attorney Appearance filed by Robert F. Kennedy, Jr. Pursuant to A.P. 2.7(a) all electronically filed documents must include a /s/ [insert signatory's name] typed in the space where the wet signature would otherwise appear. 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.(lw)
November 29, 2023 Filing 14 NOTICE of Attorney Appearance by Robert E. Barnes on behalf of Robert F. Kennedy, Jr. (Barnes, Robert)
November 29, 2023 Filing 13 MEMORANDUM in Opposition re #4 MOTION to Dismiss filed by Robert F. Kennedy, Jr.. Follow up on Reply on 12/6/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Barnes, Robert)
November 29, 2023 Filing 12 OBJECTION to #4 MOTION to Dismiss filed by Robert F. Kennedy, Jr.. Attorney Robert E. Barnes added to party Robert F. Kennedy, Jr.(pty:pla). Follow up on Reply on 12/6/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Barnes, Robert)
November 17, 2023 Filing 11 Assented to MOTION for Robert E. Barnes to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2444841.) filed by Robert F. Kennedy, Jr.. (Attachments: #1 Exhibit (Affidavit) Affidavit of Robert E Barnes)(Sullivan, Jason)
November 17, 2023 ENDORSED ORDER granting #11 Assented to Motion for Robert E. Barnes 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 Talesha L. Saint-Marc.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.(lw)
November 16, 2023 Filing 10 Assented to MOTION for Robert E. Barnes to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2444385.) filed by Robert F. Kennedy, Jr..(Sullivan, Jason)
November 16, 2023 NOTICE of ECF Filing Errors re: #10 Assented to MOTION for Robert E. Barnes to Appear Pro Hac Vice filed by Robert F. Kennedy, Jr. 1. Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. 2. Documents must be provided in an electronically converted PDF text searchable format in accordance with A.P. 2.3(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.(lw)
November 16, 2023 ENDORSED ORDER denying without prejudice #10 Assented to Motion for Robert E. Barnes to Appear Pro Hac Vice. Text of Order: Denied without prejudice to refiling the motion with an affidavit containing a statement describing any prior felony or misdemeanor criminal convictions as required by LR 83.2(b)(1)(E). So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(lw)
November 9, 2023 Opinion or Order ENDORSED ORDER. Text of Order: No pretrial conference will be scheduled until after resolution of the pending Motion to Dismiss (doc. no. 4). Given the issues raised in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) to after the rescheduled pretrial conference. So Ordered by Judge Steven J. McAuliffe.(lw)
November 8, 2023 Filing 9 Assented to MOTION to Extend Time to Answer to 11/29/2023 filed by Robert F. Kennedy, Jr..(Sullivan, Jason) Modified on 11/8/2023 to link to motion to dismiss and correct event selection (lw).
November 8, 2023 ENDORSED ORDER granting #9 Assented to Motion to Extend Time to Answer to 11/29/2023 re: #4 Motion to Dismiss. Text of Order: Granted. So Ordered by US Magistrate Judge Talesha L. Saint-Marc. Follow up on Objection on 11/29/2023. (lw)
November 8, 2023 NOTICE of ECF Filing Error re: #9 Assented to MOTION to Extend Time to Answer to 11/29/2023 filed by Robert F. Kennedy, Jr. Filer used the wrong event. Filer should have used Motions - Extend Time to Object/Respond event. 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.(lw)
November 6, 2023 Filing 8 Certified Copies of State Court Record. State Court Case No. 218-2023-cv-01019, Rockingham County Superior Court(Suslak, Brian)
November 6, 2023 NOTICE of ECF Filing Error re: #7 Notice of Attorney Appearance filed by Robert F. Kennedy, Jr. Consistent with Supplemental Rules of Electronic Case Filing 2.7(a) all electronically filed documents must include a "/s/[insert signatory's name]" typed in the space where the wet signature would otherwise appear. 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.(lw)
November 3, 2023 Filing 7 NOTICE of Attorney Appearance by Jason Michael Sullivan on behalf of Robert F. Kennedy, Jr. (Sullivan, Jason)
November 2, 2023 Filing 6 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. (Suslak, Brian)
November 2, 2023 Case reassigned to Judge Steven J. McAuliffe and US Magistrate Judge Talesha Leah Saint-Marc. Reason for Reassignment: No Consent to Jurisdiction by U.S. Magistrate Judge. The new case designation is: 1:23-cv-487-SM-TSM. Please show this number with the correct judge designation on all further pleadings. (bd)
November 2, 2023 NOTICE of ECF Filing Error re: #5 Memorandum in Support of Motion, filed by David Vickrey. 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.(lw)
November 1, 2023 Filing 5 MEMORANDUM in Support re #4 MOTION to Dismiss filed by David Vickrey. (Attachments: #1 Exhibit A Declaration of Vickrey)(Suslak, Brian) (Additional attachment(s) added on 11/1/2023: #2 Corrected- Exhibit A Declaration of Vickrey) (bd).
November 1, 2023 Filing 4 MOTION to Dismiss filed by David Vickrey.Follow up on Objection on 11/15/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Suslak, Brian)
November 1, 2023 Filing 3 NOTICE OF REMOVAL with Jury Demand from Rockingham Superior Court, case number 218-2023-CV-01019 (No fee paid, USA or IFP.) filed by David Vickrey. Answer Follow Up on 11/22/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 11/15/2023. (Attachments: #1 Exhibit A Original Complaint, #2 Exhibit B Summons, #3 Civil Cover Sheet)(Suslak, Brian)
October 31, 2023 Filing 2 NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to all parties. MJ Consent Form Due 12/20/2023. (mc)
October 31, 2023 Filing 1 NOTICE OF REMOVAL with Jury Demand from Rockingham Superior Court, case number 218-2023-CV-01019 (filing fee $402, receipt number ANHDC-2438200) filed by David Vickrey. Answer Follow Up on 11/21/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 11/14/2023. (Attachments: #1 Civil Cover Sheet)(Suslak, Brian)
October 31, 2023 Case assigned to US Magistrate Judge Talesha Leah Saint-Marc. The case designation is: 1:23-cv-487-TSM. Please show this number with the judge designation on all future pleadings. (mc)
October 31, 2023 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. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE. (mc)

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Plaintiff: Robert F. Kennedy, Jr.
Represented By: Jason M. Sullivan
Represented By: Jason Michael Sullivan
Represented By: Robert E. Barnes
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Defendant: David Vickrey
Represented By: Brian Andrew Suslak
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