Benn v. Neal
| Joseph Benjamin Benn |
| Diane Neal |
| 1:2022cv00820 |
| August 3, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 AFFIDAVIT in Support re #19 MOTION to Dismiss for Failure to State a Claim filed by Diane Neal. Motion returnable before Judge Andrew T. Baxter filed by Diane Neal. (Attachments: #1 Exhibit(s) 9 - Plea Colloquy)(Oberlander, Lynn) |
| Filing 27 REPLY to Response to Motion re #19 MOTION to Dismiss for Failure to State a Claim filed by Diane Neal. Motion returnable before Judge Andrew T. Baxter filed by Diane Neal. (Oberlander, Lynn) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the #26 Affidavit in Support of Motion NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. Dkt. #26 - 1 PAGE 2 Dates of Birth . This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Notice of Filing Deficiency Deadline 12/16/2022 (gmd) |
| Filing 26 AFFIDAVIT in Support re #19 MOTION to Dismiss for Failure to State a Claim filed by Diane Neal. Motion returnable before Judge Andrew T. Baxter filed by Joseph Benjamin Benn. (Attachments: #1 Exhibit(s) Exhibit A - Order of Protection, #2 Exhibit(s) Exhibit B - Stipulation of Settlement, #3 Exhibit(s) Exhibit C - 3.1.21 Decision, #4 Exhibit(s) Exhibit D - Neal Opposition Brief, #5 Exhibit(s) Exhibit E - 3.29.22 Decision, #6 Exhibit(s) Exhibit F - 6.22.22 Decision, #7 Exhibit(s) Exhibit G - 6.28.22 Decision, #8 Exhibit(s) Exhibit H - 9.14.22 Decision)(Faso, Nicholas) |
| Filing 25 MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT DIANE NEAL'S MOTION TO DISMISS filed by Joseph Benjamin Benn. (Faso, Nicholas) |
| Filing 24 TEXT ORDER granting #23 letter-motion from Nicholas J. Faso for Joseph Benjamin Benn requesting an extension of the briefing schedule regarding Defendant's #19 motion to dismiss for failure to state a claim. Plaintiff's response to this motion is due to be filed by 12/2/2022. Any reply to this motion is due to be filed by 12/16/2022. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 11/14/2022. (sal ) |
| Filing 23 Letter Motion from Nicholas J. Faso for Joseph Benjamin Benn requesting Extension of Time submitted to Judge Suddaby . (Faso, Nicholas) |
| TEXT NOTICE re Motion #19 to Dismiss for Failure to State a Claim filed by Diane Neal. This motion is dispositive and returnable before U.S. District Judge Glenn T. Suddaby. The referral to Magistrate Judge Andrew T. Bater has been removed. Response to Motion remains due by 11/17/2022. Reply to Response to Motion remains due by 11/25/2022. (sal) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the Dkt. #21 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 11/9/2022 (gmd) |
| Filing 22 NOTICE of Appearance by Lauren Russell on behalf of Diane Neal (Russell, Lauren) |
| Filing 21 NOTICE of Appearance by Seth D, Berlin on behalf of Diane Neal (Berlin, Seth) |
| Filing 20 CD Drive: Syracuse Clerks Office received a CD drive containing digital media - Exhibit 8 to the Dkt. #19 Motion to Dismiss. Not available for public viewing. (gmd) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim filed by Diane Neal. Motion returnable before Judge Andrew T. Baxter Response to Motion due by 11/17/2022. Reply to Response to Motion due by 11/25/2022 (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Declaration of L. Oberlander in Support of Motion to Dismiss, #3 Exhibit(s) 1, #4 Exhibit(s) 2, #5 Exhibit(s) 3, #6 Exhibit(s) 4, #7 Exhibit(s) 5, #8 Exhibit(s) 6, #9 Exhibit(s) 7, #10 Exhibit(s) 8) (Oberlander, Lynn) |
| Filing 18 NOTICE of Appearance by Kenneth M. Stenger on behalf of Joseph Benjamin Benn (Stenger, Kenneth) |
| Filing 17 TEXT ORDER: Granting #15 Motion for Limited Admission Pro Hac Vice for Kenneth M. Stenger. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Attorney Stenger is/are hereby admitted to practice in this action on behalf of plaintiff. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/29/2022. (kmc) |
| Filing 16 Supplemental Admission documents re: #15 Motion for Limited Admission Pro Hac Vice,. (Attachments: #1 Declaration Nicholas J. Faso, #2 Supplement E-Filing Registration, #3 Supplement Petition for Admission, #4 Supplement Certificate of Good Standing, #5 Proposed Order/Judgment Admission Pro Hac Vice)(Faso, Nicholas) |
| Filing 15 MOTION for Limited Admission Pro Hac Vice of Kenneth M. Stenger Filing fee $100, receipt number ANYNDC-6048425. (Attachments: #1 Declaration Nicholas J. Faso, #2 Supplement E-Filing Registration, #3 Supplement Petition for Admission, #4 Supplement Certificate of Good Standing, #5 Proposed Order/Judgment Admission Pro Hac Vice) Motions referred to Andrew T. Baxter. (Faso, Nicholas) |
| Notice of Attorney Admission Filing Deficiency re: #15 Motion for Limited Admission Pro Hac Vice of Kenneth M. Stenger. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: the Court's Declaration of Sponsor form. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 14 NOTICE OF ADMISSION REQUIREMENT as to Party Joseph Benjamin Benn; Attorney Kenneth M. Stenger, Email address is kstenger@sdglaw.com. Phone number is 845.298.2000. Admissions due by 9/30/2022. Clerk emailed and mailed notice 9/16/22.(gmd ) |
| Filing 13 DEMAND for Trial by Jury by Joseph Benjamin Benn. (Faso, Nicholas) |
| Filing 12 AMENDED COMPLAINT against Diane Neal against Joseph Benjamin Benn filed by Joseph Benjamin Benn. (Attachments: #1 Exhibit(s) Ex. A - Daily Beast Article (Published 11.13.19), #2 Exhibit(s) Ex. B - Settlement Stipulation, #3 Exhibit(s) Ex. C - Summons and Complaint (Ulster County Supreme Court) 03.23.18, #4 Exhibit(s) Ex. D - Summons and Complaint (Ulster Family Court) 03.28.18, #5 Exhibit(s) Ex. E - Summons and Complaint (Ulster County Supreme Court) 02.15.19, #6 Exhibit(s) Ex. F - Daily Beast Article (Published 11.16.19), #7 Exhibit(s) Ex. G - Summons and Complaint (Ulster County Supreme Court) 11.19.19, #8 Exhibit(s) Ex. H - Decision and Order (03.01.21), #9 Exhibit(s) Ex. I - Podcast (03.02.21), #10 Exhibit(s) Ex. J - Order to Show Cause (04.02.21), #11 Exhibit(s) Ex. K - Neal Retweet (05.02.21), #12 Exhibit(s) Ex. L - Order to Show Cause (07.13.21), #13 Exhibit(s) Ex. M - Transcript of Podcast (09.13.21), #14 Exhibit(s) Ex. N - Decision and Order (03.29.22), #15 Exhibit(s) Ex. O - Decision and Order (06.22.22), #16 Exhibit(s) Ex. P - Decision and Order (06.28.22))(Faso, Nicholas) |
Filing 11
STIPULATION AND ORDER: Approving the #10 Stipulation. Plaintiff's counsel is directed to file the amended complaint. Defendant's answer deadline will be reset after the filing of the amended complaint. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/12/2022. (kmc)
|
| ***Answer due date updated for Diane Neal answer due 10/27/2022. (kmc) |
| Filing 10 STIPULATION for Amended Complaint by Joseph Benjamin Benn. (Faso, Nicholas) |
| Filing 9 TEXT ORDER: The Rule 16 conference set for 9/6/2022 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED. The hearing and related deadlines will be reset in due course. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/26/2022. (kmc) |
| Filing 8 Joint Letter Motion from Lynn Oberlander for Diane Neal requesting Extension of Time to Exchange Mandatory Disclosures submitted to Judge Andrew T. Baxter . (Oberlander, Lynn) |
| Filing 7 NOTICE of Appearance by Nicholas J. Faso on behalf of Joseph Benjamin Benn (Faso, Nicholas) |
| Filing 6 TEXT ORDER: Granting #5 Letter Request for an extension of time to answer or otherwise respond to the complaint. Diane Neal answer due 9/9/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/5/2022. (kmc) |
| Filing 5 Consent Letter Motion from Lynn Oberlander, Esq. for Diane Neal requesting Extension of Time to Respond to Complaint submitted to Judge Suddaby . (Oberlander, Lynn) |
| CLERK'S CORRECTION OF DOCKET ENTRY re Text Notice of Filing Deficiency, Dkt. #1 Notice of Removal, and Dkt. #2 State Court Complaint: the redacted copies of Exhibit 1 and the State Court Complaint have been uploaded and attached. The unredacted copies of Exhibit 1 and the State Court Complaint are now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2. (gmd, ) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Joseph Benjamin Benn; Attorney Kenneth M. Stenger, Email address is kstenger@sdglaw.com. Phone number is 845 298 2000. Admissions due by 8/18/2022. Clerk sent notice via email.(gmd, ) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the Dkt. #1 Notice of Removal, and Dkt. #2 State Court Complaint NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2 (DOB). This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Notice of Filing Deficiency Deadline 8/9/2022 (gmd, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 9/6/2022 11:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/30/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (gmd, ) |
| Filing 2 STATE COURT COMPLAINT relating to Dkt. #1 Notice of Removal, filed by Plaintiff(s) in NYS Supreme Court: Ulster County. (gmd) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court: Ulster County, case number EF2022-478 (Filing fee $402 receipt number ANYNDC-5989177) filed by Diane Neal. (Attachments: #1 Exhibit 1: state court documents served on Diane Neal, #2 Exhibit 2: Declaration of Diane Neal, #3 Exhibit 3: state court notice of removal, #4 Exhibit 4: unserved summons with notice, #5 Civil Cover Sheet)(gmd, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Benn v. Neal | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Joseph Benjamin Benn | |
| Represented By: | Nicholas J. Faso |
| Represented By: | Kenneth M. Stenger |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Diane Neal | |
| Represented By: | Lynn Oberlander |
| Represented By: | Lauren Russell |
| Represented By: | Seth D, Berlin |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
