Hice v. Lemon
| Dustin Hice |
| Don Lemon |
| 2:2019cv04666 |
| August 13, 2019 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Gary R Brown |
| Steven I Locke |
| Assault Libel & Slander |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 34 RESPONSE to Motion re #31 Letter MOTION for pre motion conference to dismiss under Fed. R. Civ. P. 12(b)(6) filed by Dustin Hice. (Miltenberg, Andrew) |
| Filing 33 AFFIDAVIT/DECLARATION in Support re #32 MOTION to Withdraw as Attorney Eric Creizman by Eric Creizman filed by Don Lemon. (Creizman, Eric) |
| Filing 32 MOTION to Withdraw as Attorney Eric Creizman by Don Lemon. (Creizman, Eric) |
| Filing 31 Letter MOTION for pre motion conference to dismiss under Fed. R. Civ. P. 12(b)(6) by Don Lemon. (Polisi, Caroline) |
| Filing 30 NOTICE of Appearance by Stuart Bernstein on behalf of Dustin Hice (aty to be noticed) (Bernstein, Stuart) |
| Filing 29 WAIVER OF SERVICE Returned Executed by Dustin Hice. Don Lemon waiver sent on 12/23/2019, answer due 2/21/2020. (Miltenberg, Andrew) |
ORDER granting #25 Motion for Extension of Time to File; denying #28 Motion for Pre Motion Conference. The Court extends the deadline to effectuate service upon Defendant until April 30, 2020. Having reviewed the communications attached to the parties' submissions, including defense counsel's representation that she would be "happy to accept service on behalf of [Defendant] so long as it complies with the requirements of Fed. R. Civ. P. 4(d)," (ECF No. 26-2, at 1), the Court will not condone the sharp practices of defense counsel. Such conduct wastes judicial resources and needlessly protracts and impedes the litigation process. Ordered by Judge Joan M. Azrack on 1/31/2020. (JS)
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| Filing 28 Letter MOTION for pre motion conference to dismiss under Fed. R. Civ. P. 4(m) by Don Lemon. (Polisi, Caroline) |
| Filing 27 REPLY in Opposition re #25 Letter MOTION for Extension of Time to File Extension of Time to Serve Complaint, #26 Response in Opposition to Motion, Objection to Defendant's Improper Motion filed by Dustin Hice. (Miltenberg, Andrew) |
| Filing 26 RESPONSE in Opposition re #25 Letter MOTION for Extension of Time to File Extension of Time to Serve Complaint and motion to dismiss pursuant to Fed. R. Civ. P. 4(m) filed by Don Lemon. (Attachments: #1 Exhibit A-Email Exchange 8-2019, #2 Exhibit B-Email Exchange 11&12-20, #3 Exhibit C-Plaintiff's Deficient Attempt to Request Waiver of Service of Summons 12-19) (Polisi, Caroline) |
| Filing 25 Letter MOTION for Extension of Time to File Extension of Time to Serve Complaint by Dustin Hice. (Attachments: #1 Exhibit A-Email, #2 Exhibit B-Affidavits of Service, #3 Exhibit C-Email) (Miltenberg, Andrew) |
| Filing 24 SUMMONS Returned Executed by Dustin Hice. Don Lemon served on 1/23/2020, answer due 2/13/2020. (Miltenberg, Andrew) |
| Case Randomly Reassigned to Magistrate Judge Steven I. Locke. Magistrate Judge Gary R. Brown no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Corsini, Alexander) |
| Filing 23 Summons Issued as to Don Lemon. (Ortiz, Grisel) |
| Filing 22 Proposed Summons. Re #1 Notice of Removal, by Dustin Hice (Miltenberg, Andrew) |
| Proposed Summons is rejected; the Clerk's Office can not issue a summons with no address; Counsel may use the seal/exparte event to file the unredacted version of the summons; Counsel is advised to submit another proposed summons using the event Proposed Summons/Civil Cover Sheet. (Ortiz, Grisel) |
| Filing 21 Proposed Summons. Re #1 Notice of Removal, by Dustin Hice (Miltenberg, Andrew) |
| Filing 20 Summons Issued as to Don Lemon. (Cubano, Jazmin) |
| Filing 19 Proposed Summons. Re #1 Notice of Removal, by Dustin Hice (Miltenberg, Andrew) |
| Filing 18 NOTICE of Appearance by Adrienne D. Levy on behalf of Dustin Hice (aty to be noticed) (Levy, Adrienne) |
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ELECTRONIC ORDER granting #17 Motion to Adjourn Conference. Application granted. Ordered by Magistrate Judge Gary R. Brown on 12/9/2019. c/ecf (Johnston, Linda)
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| Filing 17 Joint MOTION to Adjourn Conference pending discovery scheduling conference on December 18, 2019 by Dustin Hice. (Miltenberg, Andrew) |
| Filing 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 10, 2019, before District Judge Joan M. Azrack. Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/23/2019. Redacted Transcript Deadline set for 1/2/2020. Release of Transcript Restriction set for 3/2/2020. (Rodin, Deanna) |
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Filing 15
SCHEDULING ORDER: This matter has been referred to the undersigned to oversee discovery. An Initial Conference is set for 12/18/2019 at 11:00 AM in Courtroom 840 before Magistrate Judge Gary R. Brown. A discovery plan worksheet is attached to this order and should be completed at the time of the conference. Ordered by Magistrate Judge Gary R. Brown on 11/27/2019. (McMorrow, Karen)
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Filing 14
MEMORANDUM AND ORDER: The Court therefore DENIES Plaintiff's motion to remand (PLEASE SEE ORDER FOR FURTHER DETAILS). This case is respectfully referred to Judge Brown to oversee discovery. So Ordered by Judge Joan M. Azrack on 11/26/2019. (Ortiz, Grisel)
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| Filing 13 MEMORANDUM in Support re #12 Reply in Support, #9 Letter Supplemental Letter to apprise court of recent Congressional action filed by Dustin Hice. (Attachments: #1 Exhibit A-E) (Miltenberg, Andrew) |
| Filing 12 REPLY in Support re #9 Letter Supplemental Letter Brief in Support of Motion to Remand filed by Dustin Hice. (Miltenberg, Andrew) |
| Filing 11 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR PRE-MOTION CONFERENCE. Counsel For Plaintiff: Adrienne Levy, Stuart Bernstein. Counsel For Defendants: Christopher Lavigne, Caroline Polisi, Cassie Black. Pre Motion Conference held on 10/10/2019 at 11:30 AM. Other: The pre-motion conference letters will be treated as the motions. If either side wants to supplement their submissions, it should be filed by 10/18/2019. (Ortiz, Grisel) |
| Filing 10 NOTICE of Appearance by Cassie Leigh Black on behalf of Don Lemon (aty to be noticed) (Black, Cassie) |
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ORDER granting #7 Motion for Pre Motion Conference. A pre-motion conference will be held on 10/10/2019 at 11:30 AM before Judge Azrack in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 9/16/2019. (Posillico, Lauren)
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| Filing 9 Letter Response to Plantiff's Request for Pre-Motion Conference/Leave to Move for Remand by Don Lemon (Polisi, Caroline) |
| Filing 8 STATE COURT RECORD Received from Supreme Court of the State of NY, County of Suffol, 615507/2019; Received on 8/23/2019; Received Clerks certified minutes and notice of removal. (Ortiz, Grisel) |
| Filing 7 MOTION for pre motion conference by Dustin Hice. (Miltenberg, Andrew) |
| Filing 6 NOTICE of Appearance by Eric M. Creizman on behalf of Don Lemon (aty to be noticed) (Creizman, Eric) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Landow, Concetta) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Filing 3 NOTICE of Appearance by Caroline Johnston Polisi on behalf of Don Lemon (aty to be noticed) (Polisi, Caroline) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Gary R. Brown. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Landow, Concetta) |
| Filing 2 NOTICE by Don Lemon of State Court Removal Filing (Lavigne, Christopher) |
| Filing 1 NOTICE OF REMOVAL by Don Lemon from Suffolk County Supreme Court, case number 615507/2019. Was the Disclosure Statement on Civil Cover Sheet completed -NO ( Filing fee $ 400 receipt number ANYEDC-11758278) (Attachments: #1 Civil Cover Sheet, #2 Summons and Complaint) (Lavigne, Christopher) Modified on 8/14/2019 (Landow, Concetta). |
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