MCBRIDE et al v. NJ PEN et al
| BRIAN MCBRIDE and DEBORAH BLISSICK |
| NJ PEN and GOOGLE, LLC |
| 1:2023cv02044 |
| April 11, 2023 |
| US District Court for the District of New Jersey |
| Ann Marie Donio |
| Robert B Kugler |
| Christine P O'Hearn |
| Copyright |
| 17 U.S.C. § 504 Copyright Infringement |
| None |
Docket Report
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| Filing 49 Letter from BRIAN MCBRIDE regarding available dates for in-person conference. (Received via ECF Help Desk) (mag) |
Filing 48
TEXT ORDER: The Court having reviewed Plaintiffs' letter (ECF No. 46), the August 2, 2023 conference is hereby ADJOURNED. Plaintiffs shall confer with Defendant's counsel and advise the Court of two dates in August 2023 on which all parties are available to appear in person for a settlement conference by August 2, 2023, noting that the Court is not available from August 4th-11th, or 28th-31st. So Ordered by Judge Christine P. O'Hearn on 7/28/23. (hem, )
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| Filing 47 Letter from NJ Pen Regarding Settlement Conference. (TERLINGO, CHRISTOPHER) |
| Filing 46 Plaintiff's Letter RESPONSE re TEXT ORDER dated 7/24/2023, requesting a virtual settlement conference. (Received via ECF Help Desk) (mag) |
| TEXT ORDER: The Court will hold an in-person Settlement Conference on August 4, 2023 at 11:00am, Courtroom 5A, before Judge Christine P. O'Hearn. All clients with settlement authority must appear. (hem, ) |
| Filing 45 Plaintiff's Letter RESPONSE re #44 Letter from NJ Pen. (Received via ECF Help Desk) (mag) |
| Filing 44 Letter from NJ Pen Regarding Settlement Conference. (TERLINGO, CHRISTOPHER) |
| Filing 42 Transcript of Order to Show Cause Hearing via Remote Zoom Videoconference held on 7/7/2023, before Judge Christine P. O'Hearn. Court Reporter/Transcriber Camille Pedano (856-576-7015). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 8/3/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/11/2023. (mag) |
| Filing 43 Letter addressed to Judge OHearn from BRIAN MCBRIDE regarding settlement discussions. (Received via ECF Help Desk) (mag) |
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Filing 41
ORDER Denying Plaintiffs' #10 Motion for Preliminary Injunction and Granting in part and Denying in part Defendant's #27 Motion to Dismiss; Dismissing With Prejudice Plaintiffs' libel claims; Dismissing Without Prejudice Plaintiffs' fraud and negligent misrepresentation, New Jersey Civil Rights Act, and civil conspiracy claims; only Plaintiffs' copyright infringement claims remain; Defendant shall appraise the Court by letter within ten (10) days, whether discussion of settlement is worthwhile; if not, Defendant shall answer or respond to Plaintiff's Complaint within thirty (30) days of the filing of its letter; if Plaintiffs wish to seek leave to amend, they shall file a motion within thirty (30) days of the filing of Defendant's response to their Complaint. Signed by Judge Christine P. O'Hearn on 7/10/2023. (mag, N.M.)
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| Filing 40 Minute Entry for proceedings held before Judge Christine P. O'Hearn: Show Cause Hearing held on 7/7/2023. Hearing on Plaintiff's Motion for Preliminary Injunction #10 and Defendant's Motion to Dismiss #27 . Ordered Plaintiff's Motion for Preliminary Injunction #10 is DENIED. Ordered Defendant's Motion to Dismiss #27 is GRANTED IN PART and DENIED IN PART. Order to be entered. (Court Reporter, Camille Pedano (856-576-7015)) (mag) |
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Filing 39
TEXT ORDER: Due to a scheduling conflict, the Show Cause Hearing presently scheduled for June 29, 2023 at 11:00am is hereby ADJOURNED to July 7, 2023 at 11:00am via Zoom. The Court will provide a Zoom link the day of the conference. So Ordered by Judge Christine P. O'Hearn on 6/28/23. (hem, )
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| Filing 38 Letter from BRIAN MCBRIDE waiving oral argument and consenting to a ruling on the papers. (Received via ECF Help Desk and via email to Chambers) (mag) |
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Filing 37
TEXT ORDER: The Show Cause Hearing presently scheduled for June 29, 2023 at 1:00pm is hereby rescheduled to June 29, 2023 at 11:00am (time change only). So Ordered by Judge Christine P. O'Hearn on 6/26/23. (hem, )
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Filing 36
TEXT ORDER: The Court has reviewed Plaintiffs' submission, (ECF No. 30), styled as both their Opposition to Defendant's Motion to Dismiss, (ECF No. 27), and as a Cross-Motion for a More Definite Statement. To the extent this submission can be interpreted as a cross-motion, the Motion is DENIED. Motions for more definite statements under Federal Rule of Civil Procedure 12(e)under which Plaintiffs purport to move, (ECF No. 30 at 6)-may only be raised in response to pleadings. See Fed. R. Civ. P. 12(e). Motions to dismiss are not pleadings. See, e.g., Sunset Fin. Res., Inc. v. Redevelopment Grp. V, LLC, 417 F. Supp. 2d 632, 641 (D.N.J. 2006). Moreover, "[t]he law is clear that a more definite statement under Rule 12(e) will be granted only when a pleading, to which a responsive pleading is permitted or necessary, is so vague that the responsive pleading cannot be framed. Motions under this rule are not to be used as a means of obtaining evidence or information which could be obtained by discovery." Dayton Tire & Rubber Co. v. Berman, 31 F.R.D. 210, 211 (E.D. Pa. 1962) (citations omitted). Because Plaintiffs' submission is procedurally improper and seeks relief that cannot be granted, it is denied to the extent that it is interpreted as a cross-motion. The Court will still consider Plaintiffs' submission to the extent that it is interpreted as their Opposition to Defendant's Motion to Dismiss. So Ordered by Judge Christine P. O'Hearn on 6/20/23. (hem, )
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Filing 35
TEXT ORDER: The Court has reviewed Plaintiff's Letter Motion, (ECF No. 34), seeking leave to file a sur-reply to Defendant's Motion to Dismiss, (ECF No. 27), and seeking sanctions against Defendant under Federal Rule of Civil Procedure 11. The Motion is DENIED in its entirety. As to filing a sur-reply, the Court denies Plaintiff's request in its discretion under Local Civil Rule 7.1(d)(6). As to Rule 11 sanctions which was raised for the first time in a supplemental submission and not a moving brief, the Court denies the request for Plaintiff's failure to comport with Local Rule 7.1's requirements regarding motion practice, including the need to file a separate motion with a supporting brief. See L. Civ. R. 7.1(d)(1). So Ordered by Judge Christine P. O'Hearn on 6/16/23. (hem, )
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| Reset Deadlines as to #34 MOTION for Leave to File and MOTION for Sanctions. Motion set for 7/17/2023 before Judge Christine P. O'Hearn. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag) |
| Set Deadlines as to #34 MOTION for Leave to File and MOTION for Sanctions. Motion set for 7/17/2023 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag) |
| Filing 34 MOTION for Leave to File Sur Reply and MOTION for Sanctions by BRIAN MCBRIDE. (Received via ECF Help Desk) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (mag) |
| Filing 33 REPLY BRIEF to Opposition to Motion filed by NJ PEN re #27 First MOTION to Dismiss Plaintiffs' Complaint Under Fed. R. Civ. P. 12(b)(6) (Attachments: #1 Certificate of Service)(TERLINGO, CHRISTOPHER) |
| Filing 32 REPLY to Defendant's #31 Brief in Opposition re Plaintiff's #30 CROSS MOTION for More Definite Statement filed by BRIAN MCBRIDE. (Received via ECF Help Desk) (mag) |
| Filing 31 BRIEF in Opposition filed by NJ PEN re #30 MOTION for More Definite Statement Filed by Plaintiffs (TERLINGO, CHRISTOPHER) |
| Filing 30 CROSS MOTION for More Definite Statement and Plaintiffs' Opposition to Defendant NJ PEN's #27 Motion to Dismiss by BRIAN MCBRIDE. (mag) |
| Set Deadlines as to #30 CROSS MOTION for More Definite Statement. Motion set for 6/20/2023 before Judge Christine P. O'Hearn. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag) |
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Filing 28
LETTER ORDER Granting Plaintiff's #25 request to allow Deborah Blissick to appear by phone for Show Cause Hearing on 6/29/2023. Signed by Judge Christine P. O'Hearn on 5/24/2023. (mag)
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| Set Deadlines as to #27 First MOTION to Dismiss Plaintiffs' Complaint Under Fed. R. Civ. P. 12(b)(6). Motion set for 6/20/2023 before Judge Christine P. O'Hearn. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag) |
| Filing 29 Letter from BRIAN MCBRIDE regarding no response from Defendant to OTSC #24 . (Received via ECF Help Desk) (mag) |
| Filing 27 First MOTION to Dismiss Plaintiffs' Complaint Under Fed. R. Civ. P. 12(b)(6) by NJ PEN. Responses due by 6/6/2023. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(TERLINGO, CHRISTOPHER) |
| Filing 26 BRIEF in Opposition filed by NJ PEN re #10 MOTION for Preliminary Injunction Filed by Plaintiffs (Attachments: #1 Certification Certification of M. Skoufalos, #2 Certificate of Service Certification of Service)(TERLINGO, CHRISTOPHER) |
| Filing 25 Letter from BRIAN MCBRIDE requesting wife's appearance by telephone or video conference for Show Cause Hearing on 6/29/2023. (Received via ECF Help Desk) (mag) |
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Filing 24
ORDER TO SHOW CAUSE: Defendant NJ Pen shall SHOW CAUSE why a preliminary injunction order should not be entered. Show Cause Hearing set for 6/29/2023 at 1:00 PM in Camden - Courtroom 5A before Judge Christine P. O'Hearn. Defendant shall file and serve their response or a motion to dismiss Plaintiff's Complaint, or both, by Tuesday, May 23, 2023; Plaintiffs may file any reply to such response by Tuesday, June 6, 2023; if Defendant files a motion to dismiss, they may reply in further support by Tuesday, June 13, 2023. Signed by Judge Christine P. O'Hearn on 5/18/2023. (mag)
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| Filing 23 NOTICE of Voluntary Dismissal With Prejudice as to Defendant GOOGLE, LLC by DEBORAH BLISSICK, BRIAN MCBRIDE. (Received via ECF Help Desk) (mag) |
| Filing 22 Letter to Strike entries #19 and #20 from BRIAN MCBRIDE. (Received via ECF Help Desk) (mag) |
| Filing 21 Letter from NJ Pen Media Group re #19 Letter, #20 Letter. (CHEWNING, KERRI) |
| Filing 20 Letter from BRIAN MCBRIDE requesting a Rule 26 Conference. (Received via ECF Help Desk) (mag) |
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Filing 18
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Christine P. O'Hearn for all further proceedings. Judge Robert B. Kugler no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 5/10/23. (mmb, )
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| Filing 19 Letter from BRIAN MCBRIDE addressed to Defendant NJ Pen's Attorney. (Received via ECF Help Desk) (mag) |
| Filing 17 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant NJ Pen Media Group, LLC. Attorney CHRISTOPHER TERLINGO for NJ PEN added. (TERLINGO, CHRISTOPHER) |
| Clerk`s Text Order - The document #17 Application for Clerk's Order to Ext Answer/Proposed Order submitted by NJ PEN has been GRANTED. The answer due date has been set for 5/23/2023. (mag) |
| Filing 16 CERTIFICATE OF SERVICE by BRIAN MCBRIDE re #10 MOTION for Preliminary Injunction. (Received via ECF Help Desk) (mag) |
| Filing 15 Letter from BRIAN MCBRIDE regarding Plaintiffs' response to Defendant's #13 Application for extension of time. (Filed via ECF Help Desk) (mag) |
| Filing 14 CERTIFICATE OF SERVICE by GOOGLE, LLC re #13 Application for Clerk's Order to Ext Answer/Proposed Order, #12 Corporate Disclosure Statement (aty), #11 Notice of Appearance (MOLLICK, JASON) |
| Filing 13 Application and Proposed Order for Clerk's Order to extend time to answer. (MOLLICK, JASON) |
| Filing 12 Corporate Disclosure Statement by GOOGLE, LLC identifying Alphabet Inc. as Corporate Parent.. (MOLLICK, JASON) |
| Filing 11 NOTICE of Appearance by JASON BLAKE MOLLICK on behalf of GOOGLE, LLC (MOLLICK, JASON) |
| Clerk`s Text Order - The document #13 Application for Clerk's Order to Ext Answer/Proposed Order submitted by GOOGLE, LLC has been GRANTED. The answer due date has been set for 5/19/2023. (mag, N.M.) |
| Filing 10 MOTION for Preliminary Injunction by DEBORAH BLISSICK, BRIAN MCBRIDE. (Received via ECF Help Desk). (Attachments: #1 Memorandum of Law in Support With Exhibits, #2 Certification of Plaintiff)(jab,N.M.) |
| Set Deadlines as to #10 MOTION for Preliminary Injunction. Motion set for 6/5/2023 before Judge Robert B. Kugler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jab,N.M.) |
| Filing 9 SUMMONS Returned Executed by BRIAN MCBRIDE, DEBORAH BLISSICK. NJ PEN served on 4/18/2023, answer due 5/9/2023. (Received via ECF Help Desk). (jab,N.M.) |
| Filing 8 Letter from BRIAN MCBRIDE requesting to withdraw #7 letter requesting leave to appoint an alternate process server. (Received via ECF Help Desk). (Attachments: #1 Affidavit)(jab,N.M.) |
| Filing 7 Letter from BRIAN MCBRIDE Requesting leave to file a motion for alternate service of process. (jab,N.M.) |
| Filing 6 SUMMONS Returned Executed by BRIAN MCBRIDE, DEBORAH BLISSICK. GOOGLE, LLC served on 4/14/2023, answer due 5/5/2023. (jab,N.M.) |
| Filing 5 Letter from BRIAN MCBRIDE Requesting leave to file a motion for temporary injunctive relief. (Received via ECF Help Desk) (jab,N.M.) |
| Filing 4 AO121 Copyright Form filed. (jab,N.M.) |
| Filing 3 SUMMONS ISSUED as to GOOGLE, LLC, NJ PEN. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jab) |
| Filing 2 Notice of Guidelines for Appearing Pro Se (jab,N.M.) |
| Filing 1 COMPLAINT against GOOGLE, LLC, NJ PEN ( Filing and Admin fee $ 402 receipt number CAM14413), filed by BRIAN MCBRIDE, DEBORAH BLISSICK. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Envelope)(jab,N.M.) |
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