DOE v. SMITH
| JANE DOE |
| K. M. and JOHN SMITH |
| 2:2024cv00634 |
| February 2, 2024 |
| US District Court for the District of New Jersey |
| James B Clark |
| Esther Salas |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Tort Action |
| Both |
Docket Report
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
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| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ek) |
Filing 49
LETTER ORDER granting #46 Unopposed Motion for Preliminary Injunction; Enjoining and restraining Defendant, and shall required to maintain Jane Doe's confidentiality and the confidentiality of her parents and family members. Nothing herein shall be construed as an admission of any wrongdoing by and/or liability of Defendant as pertains to Plaintiff's allegations in the Amended Complaint. Signed by Judge Esther Salas on 3/19/2024. (jd, ) Modified on 3/20/2024 (jd, ).
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| Filing 48 RESPONSE to Motion filed by JOHN SMITH re #46 Second MOTION for Preliminary Injunction (ADAMS, CHRISTOPHER) |
| Filing 47 Exhibit to #46 Motion for Preliminary Injunction Confidential Exhibits by JANE DOE. (Attachments: #1 Exhibit confidential exhibit, #2 Exhibit confidential exhibit)(GULYAS, JOHN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Set Deadlines as to #46 Second MOTION for Preliminary Injunction. Motion set for 3/26/2024 before Judge Esther Salas. 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. (jd, ) |
| Filing 46 Second MOTION for Preliminary Injunction by JANE DOE. (Attachments: #1 Brief Memorandum of Law, #2 Exhibit Public Exhibits)(GULYAS, JOHN) |
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Filing 45
ORDER granting #28 Motion to Seal Document #14 Summons Returned Executed, and #13 Summons Returned Executed. Signed by Magistrate Judge James B. Clark on 3/6/2024.(jd, )
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Filing 44
LETTER ORDER re #31 , #39 , and #40 in response to requests from various non-parties; Any requests to proceed by pseudonym shall be made via formal motion. The parties in this matter, and any interested non-parties, shall meet and confer regarding the scope and form of any proposed discovery confidentiality/protective Order to be submitted to the Court. Any party requesting modifications to the Appendix S Order, without consent from the other relevant parties, shall file a formal and properly supported motion seeking the entry of a protective Order. Discovery shall proceed on a temporary attorney's eyes only basis; and any non-party minors and their family members shall continue to be identified by their initials, pending the entry of a Discovery Confidentiality Order. The absence of a discovery confidentiality/protective order alone shall not provide any party with a proper basis to refuse to comply with a properly served subpoena or request for discovery unless accompanied by supported objection. Signed by Magistrate Judge James B. Clark on 3/12/2024. (jd,)
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Filing 43
LETTER ORDER: Initial Conference set for 5/9/2024 at 11:00 AM before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 3/12/2024. (seb)
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Filing 42
TEXT ORDER : The Court is in receipt of a letter from Mr. William G. McGuinn seeking a protective order in advance of the deposition of his client set for today at 5:00 pm (D.E. No. #39 ) as well as Plaintiff's letter in opposition to this request (D.E. No. #41 ). Because the issues need further clarification, the Court defers definitively ruling on Mr. McGuinn's request to proceed under a pseudonym. However, due to the exigent nature of the request, the Court temporarily grants Mr. McGuinn's client permission to proceed under a pseudonym during tonight's deposition. Said deponent and deponent's parents/guardians and immediate family members shall be referred by a pseudonym in any pleadings or other papers publicly filed in the court record. Deponent's pseudonym shall be W.M., the initials of deponents attorney, William McGuinn. W.M. shall be identified by W.M. in all materials filed with the Court. W.M. and W.M.'s family members shall not be identified by their initials in any materials filed with the Court. During W.M.'s deposition, Jane Doe may not be referred to by her full name without permission of Jane Doe's counsel. The stenographer/court reporter will identify individuals proceeding under pseudonyms in the deposition transcripts by their pseudonyms. The deposition of W.M. may only be attended by the parties, their parents/legal guardians, their counsel, W.M.'s parents/legal guardians, and their counsel. The deposition of W.M. shall not be visually recorded by anyone in any manner. The deposition of W.M. shall not be audio recorded by anyone other than the stenographer/court reporter. The stenographer/court reporter shall not provide the audio recording of W.M.'s deposition to anyone and said audio recording shall be for the sole use of the stenographer/court reporter. The transcript(s) of the deposition of W.M. is deemed "Confidential." The stenographer/court reporter shall mark the cover of the original and all copies of the transcripts as "Confidential." The stenographer/court reporter shall identify all parties and individuals proceeding in this manner under pseudonyms in the transcripts by their pseudonyms. Nowhere within the transcript shall W.M. be identified as W.M's full legal name. Nowhere within the transcript shall W.M.'s parents, legal guardians and immediate family members be identified by their full legal names. W.M.'s address, date of birth and any other personal identifiers shall be redacted from the transcripts. No person shall directly or indirectly disclose the "Confidential" transcripts of the deposition of W.M. to the public. However, once the Court issues its final ruling on the issue of W.M.'s pseudonym, if the Court declines to allow W.M. to proceed by pseudonym, W.M.'s real initials shall be substituted for his pseudonym in the record. So Ordered by Judge Esther Salas on 3/11/2024. (ek)
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| Filing 41 Letter from Plaintiff. (GULYAS, JOHN) |
| Filing 40 Letter. (Attachments: #1 Text of Proposed Order Proposed Discovery Confidentiality Order)(ADAMS, MATTHEW) |
| Filing 39 Letter from McGuinn to Judge Salas. (Attachments: #1 Text of Proposed Order Proposed Protective ORder)(LEONE, JOSEPH) |
| Filing 38 ANSWER to Amended Complaint by JOHN SMITH.(ADAMS, CHRISTOPHER) |
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Filing 37
STIPULATION AND ORDER granting Defendant's request to extend the time within which to answer, move, or otherwise respond to Plaintiff's Complaint, through and including 3/8/2024. Signed by Magistrate Judge James B. Clark on 3/6/2024. (jd, ) Modified on 3/7/2024 (jd, ).
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Filing 36
ORDER granting Plaintiff's request to extend certain deadlines; By no later than 4/6/2024, the parties may notice the depositions of any individuals to whom Defendant allegedly disclosed or disseminated nude images of Plaintiff, Or otherwise have relevant knowledge of the same. Depositions shall be completed by 3/15/2024. On or before 3/20/2024 Plaintiff may file any evidence obtained between 3/8/2024 and 3/15/2024 in support of Plaintiff's renewed motion for preliminary injunction. Signed by Judge Esther Salas on 3/5/2024. (jd, )
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| Filing 35 STIPULATION and Proposed Order on Consent regarding Timing to File Answer by JOHN SMITH. (ADAMS, CHRISTOPHER) |
| Filing 34 Letter from Plaintiff re 24 Order,,. (Attachments: #1 Text of Proposed Order proposed order)(GULYAS, JOHN) |
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Filing 33
TEXT ORDER : The Court is in receipt of a request from Mr. Matthew S. Adams (D.E. No. #31 ) to extend the deadline for deposition of his client set by the Court in Docket Entry 27 by several weeks. The request is DENIED. Mr. Adams' client shall submit himself for deposition by March 9, 2024. If Mr. Adams desires to submit a protective order to the Court before the deposition, he may do so. So Ordered by Judge Esther Salas on 3/1/2024. (ek)
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| Filing 32 Letter from Plaintiff's Counsel. (GULYAS, JOHN) |
| Filing 31 Letter from Matthew S. Adams, Esq., to the Honorable Esther Salas, U.S.D.J., dated February 29, 2024. (ADAMS, MATTHEW) |
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Filing 30
LETTER ORDER granting #29 Joint Request to proceed using the requested pseudonyms (Jane Doe for Plaintiff and John Smith for the Defendant). Signed by Judge Esther Salas on 2/27/2024. (dam)
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| Filing 29 Letter from Counsel seeking clarification on ruling re #25 Miscellaneous Hearing, #26 Transcript,,,. (ADAMS, CHRISTOPHER) |
| Set Deadlines as to #28 First MOTION to Seal Document #14 Summons Returned Executed, #13 Summons Returned Executed. Motion set for 3/18/2024 before Magistrate Judge James B. Clark. 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. (jd, ) |
| Filing 28 First MOTION to Seal Document #14 Summons Returned Executed, #13 Summons Returned Executed,, by JANE DOE. (Attachments: #1 Text of Proposed Order proposed order)(GULYAS, JOHN) |
| Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 2/15/2024. (seb) |
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Filing 27
LETTER ORDER Authorizing the parties to issue non-party subpoenas for documents to Snapchat and ClothesOff.io. The parties may serve ten (10) requests for production of documents by 2/20/2024, in response to which written objections and responses and responsive documents must be served by 2/26/2024. The Parties may serve ten (10) interrogatories by 2/20/2024, in which to written objections and response must be served by 2/26/2024. The parties may notice the depositions of parties and any individuals to whom Defendant disclosed or disseminated nude images of Jane Doe or otherwise have relevant knowledge of the same, by no later than 2/27/2024. These depositions shall be completed by 3/7/2024. Signed by Magistrate Judge James B. Clark on 2/15/2024. (jd, )
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| Filing 26 Transcript of Motion Hearing held on February 15, 2024, before Judge Esther Salas. Court Reporter: Mary Jo Monteleone (973-645-3833). 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 due, but not filed, by 3/7/2024. Redacted Transcript Deadline set for 3/18/2024. Release of Transcript Restriction set for 5/15/2024. (adc) |
| Filing 25 Minute Entry for proceedings held before Judge Esther Salas: Opinion on the Plaintiffs' pending #4 Motion for Temporary Restraining Order, Request for Expedited Discovery, and Request to Proceed under a Pseudonym read into the record. on 2/15/2024. (Court Reporter, Mary Jo Monteleone (973-645-3833)) (ek) |
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Filing 24
TEXT ORDER : The hearing on Plaintiffs' motion for a preliminary injunction (D.E. No. #4 ) will be held on March 26, 2024, at 12:00 pm. The Temporary Restraining Order shall remain in place through that date. Plaintiffs' are to submit any renewed motion for a preliminary injunction incorporating information learned in discovery by March 12, 2024. Any response from Defendants must be submitted by March 18, 2024. Any reply from Plaintiffs must be submitted by March 20, 2024. So Ordered by Judge Esther Salas on 2/14/2024. (ek)
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| Filing 23 Minute Entry for proceedings held before Judge Esther Salas: Motion Hearing held on 2/14/2024 re #4 First MOTION for Order to Show Cause injunctive relief filed by JANE DOE. (Court Reporter, Mary Jo Monteleone (973-645-3833)) (ek) |
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Filing 22
LETTER ORDER Scheduling a Telephone Status Conference set for 2/15/2024 at 2:00 PM; Counsel for Plaintiff shall initiate the call. Signed by Magistrate Judge James B. Clark on 2/14/2024. (jd, )
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| Pro Hac Vice fee for SHANE B. VOGT and DAVID HAYES: $ 300, receipt number NEW49714 (jr) |
| Pro Hac Vice counsel, SHANE VOGT and DAVID A HAYES, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jr) |
| Filing 21 REPLY BRIEF to Opposition to Motion filed by JANE DOE re #4 First MOTION for Order to Show Cause injunctive relief (GULYAS, JOHN) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the #17 and #18 Request for Electronic Notification of Pro Hac Vice Counsel submitted by JOHN GULYAS on behalf of admitted pro hac vice attorneys S. VOGT and D. HAYES on 2/8/2024 cannot be processed until pro hac counsel has paid the application fees. Please review the Electronic Notification for Pro Hac Vice instructions on our website. Counsel is advised to resubmit the Request for Electronic Notification of Pro Hac Vice Counsel once payment has been recorded. This message is for informational purposes only. (jd, ) |
| Filing 20 RESPONSE in Opposition filed by All Defendants re #4 First MOTION for Order to Show Cause injunctive relief (ADAMS, CHRISTOPHER) |
| Filing 19 NOTICE of Appearance by MARJAN MOUSSAVIAN on behalf of SMITH. (MOUSSAVIAN, MARJAN) Modified on 2/28/2024 (jd, ). |
| Filing 18 Notice of Request by Pro Hac Vice David A. Hayes to receive Notices of Electronic Filings. (GULYAS, JOHN) |
| Filing 17 Notice of Request by Pro Hac Vice Shane Vogt to receive Notices of Electronic Filings. (GULYAS, JOHN) |
| Filing 16 NOTICE of Appearance by CHRISTOPHER D. ADAMS on behalf of All Defendants (ADAMS, CHRISTOPHER) |
| Filing 15 NOTICE by JANE DOE OF COMPLIANCE (Attachments: #1 Exhibit Letter)(GULYAS, JOHN) |
| Filing 14 SUMMONS Returned Executed by JANE DOE. (GULYAS, JOHN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 13 SUMMONS Returned Executed by JANE DOE. SMITH served on 2/6/2024, answer due 2/27/2024. (GULYAS, JOHN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Modified on 2/28/2024 (jd, ). |
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Filing 12
ORDER granting #3 Application for the admission of Pro Hac Vice attorney, DAVID A. HAYES. Signed by Magistrate Judge James B. Clark on 2/6/2024. (jd, )
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Filing 11
ORDER granting #2 Application for the admission of Pro Hac Vice attorney, SHANE B. VOGT. Signed by Magistrate Judge James B. Clark on 2/6/2024. (jd, )
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| Filing 10 Letter from John Gulyas re #4 First MOTION for Order to Show Cause injunctive relief. (GULYAS, JOHN) |
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Filing 9
TEXT ORDER : Plaintiff's application for temporary restraints is scheduled for an in-person oral argument on February 14, 2024 at 12:30 PM. By the end of day on February 6, 2024, Plaintiff's counsel will make diligent efforts to serve the motion papers and provide notice of this TRO hearing to the defendants and their counsel. Such efforts will include attempted in-person service and telephone contact. Plaintiff shall submit proof of such efforts by the close of business on February 7, 2024. Any response by Defendant shall be submitted by the end of the day on February 8, 2024. The parties should be prepared to suggest a schedule for expedited discovery in advance of a preliminary injunction hearing. So Ordered by Judge Esther Salas on 2/5/2024. (ek)
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| Filing 8 Minute Entry for proceedings held before Judge Esther Salas: Show Cause Hearing held on 2/5/2024. (Court Reporter, Laurie Engemann (973-776-7714)) (ek) |
| Filing 7 AMENDED COMPLAINT naming guardian for defendant against SMITH., filed by JANE DOE.(GULYAS, JOHN) Modified on 2/28/2024 (jd, ). |
| Filing 6 SUMMONS ISSUED as to SMITH. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jd, ) Modified on 2/28/2024 (jd, ). |
| Set Deadlines as to #4 First MOTION for Order to Show Cause injunctive relief. Motion set for 3/4/2024 before Judge Esther Salas. 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. (jd, ) |
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Filing 5
TEXT ORDER : The Court shall hold a telephone conference on Plaintiff's motion for an order to show cause at 10:00 AM on February 5, 2024. Dial-in information will be sent in advance. So Ordered by Judge Esther Salas on 2/4/2024. (ek)
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| Filing 4 First MOTION for Order to Show Cause injunctive relief by JANE DOE. (Attachments: #1 Memorandum Memorandum of Law, #2 Text of Proposed Order Proposed Order)(GULYAS, JOHN) |
| Filing 3 APPLICATION/PETITION for Pro Hac Vice admission for DAVID A HAYES, Esq. by JANE DOE. (Attachments: #1 Exhibit Certification, #2 Exhibit Certification, #3 Proposed Order)(GULYAS, JOHN) Modified on 2/5/2024 (jd, ). |
| Filing 2 APPLICATION/PETITION for Pro Hac Vice admission for SHANE B. VOGT, Esq. by JANE DOE. (Attachments: #1 Exhibit Certification, #2 Exhibit Certification, #3 Exhibit Proposed Order)(GULYAS, JOHN) Modified on 2/5/2024 (jd, ). |
| Filing 1 COMPLAINT against SMITH. ( Filing and Admin fee $ 405 receipt number ANJDC-15060029) with JURY DEMAND, filed by JANE DOE. (Attachments: #1 Summons, #2 Civil Cover Sheet)(GULYAS, JOHN) Modified on 2/28/2024 (jd, ). |
| Judge Esther Salas and Magistrate Judge James B. Clark added. (ps) |
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