Fine v. ESPN, Inc. et al Featured Case

ESPN, network reporter Mark Schwarz, and producer Arty Berko are sued for libel and defamation by Laurie Fine, the wife of Bernie Fine, former Syracuse University associate head basketball coach.

Plaintiff: Laurie J. Fine
Defendant: ESPN, Inc., Mark Schwarz and Arthur Berko
Case Number: 5:2012cv00836
Filed: May 21, 2012
Court: US District Court for the Northern District of New York
Office: Syracuse Office
County: Onondaga
Presiding Judge: Lawrence E. Kahn
Presiding Judge: David E. Peebles
Nature of Suit: Assault, Libel, and Slander
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 28, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 27, 2012 Filing 20 REPLY to Response to Motion re 7 MOTION to Dismiss for Failure to State a Claim filed by Arthur Berko, ESPN, Inc., Mark Schwarz. (Siegel, Nathan)
August 21, 2012 Filing 19 MEMORANDUM OF LAW in Opposition to the 7 Motion to Dismiss for Failure to State a Claim,, filed by Laurie J. Fine. (Fisher, Lawrence)
August 21, 2012 Filing 18 AFFIDAVIT in Opposition re 7 MOTION to Dismiss for Failure to State a Claim filed by Laurie J. Fine. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9)(Fisher, Lawrence)
August 21, 2012 Filing 17 RESPONSE in Opposition re 7 MOTION to Dismiss for Failure to State a Claim filed by Laurie J. Fine. (Attachments: # 1 Proposed Order/Judgment)(Fisher, Lawrence)
August 13, 2012 TEXT NOTICE TO COUNSEL: Based upon the pending 7 Motion to Dismiss for Failure to State a Claim, the in-person Initial Conference set for 9/20/2012 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles is adjourned without date. Depending upon the outcome of this motion, if deemed necessary, this conference will be rescheduled. (sal, )
August 10, 2012 Filing 16 NOTICE of Appearance by Paul J. Safier on behalf of Arthur Berko, ESPN, Inc., Mark Schwarz (Safier, Paul)
August 10, 2012 Filing 15 NOTICE of Appearance by Thomas Curley on behalf of Arthur Berko, ESPN, Inc., Mark Schwarz (Curley, Thomas)
July 25, 2012 DOCKET NOTE: Clerk's Office received Exhibit B (DVD) to Defendant's 7 Motion to Dismiss on July 23, 2012. This Exhibit will be maintained in the Clerk's Office. (mab)
July 24, 2012 Opinion or Order Filing 14 ORDER granting 10 Motion for Limited Admission Pro Hac Vice of Attorney Paul J. Safier. Signed by Magistrate Judge David E. Peebles on 7/24/2012. (see)
July 24, 2012 Opinion or Order Filing 13 ORDER granting 9 Motion for Limited Admission Pro Hac Vice of Attorney Thomas Curley. Signed by Magistrate Judge David E. Peebles on 7/24/2012. (see)
July 23, 2012 Filing 12 NOTICE by Arthur Berko, ESPN, Inc., Mark Schwarz re 9 MOTION for Limited Admission Pro Hac Vice of Thomas Curley Filing fee $100, receipt number 0206-2259732. Oath of Admission (Siegel, Nathan)
July 23, 2012 Filing 11 NOTICE by Arthur Berko, ESPN, Inc., Mark Schwarz re 10 MOTION for Limited Admission Pro Hac Vice of Paul J. Safier Filing fee $100, receipt number 0206-2259758. Oath of Admission (Siegel, Nathan)
July 23, 2012 Filing 10 MOTION for Limited Admission Pro Hac Vice of Paul J. Safier Filing fee $100, receipt number 0206-2259758. filed by Arthur Berko, ESPN, Inc., Mark Schwarz. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Proposed Order/Judgment) Motions referred to David E. Peebles. (Siegel, Nathan)
July 23, 2012 Filing 9 MOTION for Limited Admission Pro Hac Vice of Thomas Curley Filing fee $100, receipt number 0206-2259732. filed by Arthur Berko, ESPN, Inc., Mark Schwarz. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Proposed Order/Judgment) Motions referred to David E. Peebles. (Siegel, Nathan)
July 23, 2012 Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by ESPN, Inc., noting The Walt Disney Company and The Hearst Corporation as corporate parents. (Siegel, Nathan)
July 23, 2012 Filing 7 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 9/7/2012 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 8/21/2012 Reply to Response to Motion due by 8/27/2012. filed by Arthur Berko, ESPN, Inc., Mark Schwarz. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order/Judgment, # 3 Declaration, # 4 Exhibit(s) A, # 5 Exhibit(s) B, # 6 Exhibit(s) C, # 7 Exhibit(s) D, # 8 Exhibit(s) E, # 9 Exhibit(s) F, # 10 Exhibit(s) G) (Siegel, Nathan)
June 18, 2012 Filing 6 WAIVER OF SERVICE Returned Executed by Laurie J. Fine. All Defendants. (Fisher, Lawrence)
June 11, 2012 Opinion or Order Filing 5 TEXT Order DENYING the Appeal (Dkt. No. 4) of Magistrate Judge Peebles's denial of Gino Romano's Motion to intervene (Dkt. No. 3). A Magistrate Judge's denial of a motion to intervene is equivalent to a Report-Recommendation subject to de novo review upon objection. Stackhouse v. McKnight, 168 F. App'x 464, 467 (2d Cir. 2006). The Court has considered Romano's objections, and affirms Judge Peebles's Text Order. As the Motion was denied without prejudice to renew, the Court notes that any renewed motion must comply with Rule 24 of the Federal Rules of Civil Procedure. ORDER denying 4 Appeal of Magistrate Judge Decision to District Court. Signed by Senior Judge Lawrence E. Kahn on June 11, 2012. (sas)
June 7, 2012 Opinion or Order Filing 4 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Gino Romano re Order on Motion to Intervene, (mgh)
June 1, 2012 Opinion or Order TEXT ORDER denying 3 Motion to Intervene by Gino Romano without prejudice as prior permission was not obtained by the court before filing such motion. Additionally, this motion is premature since a response to the complaint nor a notice of appearance has been filed by counsel for the defendants in this matter. Authorized by Magistrate Judge David E. Peebles on 6/1/12. (Served Gino Romano by regular mail). (sal, )
May 31, 2012 Filing 3 MOTION to Intervene filed by Gino Romano. (Attachments: # 1 Certificate of Service, # 2 Mailing Envelope) Motions referred to David E. Peebles. (mae)
May 21, 2012 Filing 1 COMPLAINT against Arthur Berko, ESPN, Inc. and Mark Schwarz (Filing fee $350 receipt number 2197363) filed by Laurie J. Fine. (Attachments: # 1 Civil Cover Sheet) (dpk)

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Plaintiff: Laurie J. Fine
Represented By: Lawrence H. Fisher
Represented By: Kevin W. Tucker
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Defendant: ESPN, Inc.
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Defendant: Mark Schwarz
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Defendant: Arthur Berko
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