Palin v. The New York Times Company
| Sarah Palin |
| The New York Times Company and James Bennet |
| 1:2017cv04853 |
| June 27, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jed S Rakoff |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 lb Diversity-Libel, Assault, Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/23/2022 with court reporter Khris Sellin. Plaintiff's post trial motions not to exceed 50 pages, all motions in a single submission. Defendants' response not to exceed 50 pages, replies are limited to 15 pages. (Kotowski, Linda)
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Filing 192
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/15/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 191
TRANSCRIPT of Proceedings re: TRIAL held on 2/15/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2022. Redacted Transcript Deadline set for 3/24/2022. Release of Transcript Restriction set for 5/23/2022..(Moya, Goretti)
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Filing 190
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/14/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 189
TRANSCRIPT of Proceedings re: TRIAL held on 2/14/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2022. Redacted Transcript Deadline set for 3/24/2022. Release of Transcript Restriction set for 5/23/2022..(Moya, Goretti)
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Filing 188
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/11/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 187
TRANSCRIPT of Proceedings re: TRIAL held on 2/11/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2022. Redacted Transcript Deadline set for 3/24/2022. Release of Transcript Restriction set for 5/23/2022..(Moya, Goretti)
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Filing 186
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/10/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 185
TRANSCRIPT of Proceedings re: TRIAL held on 2/10/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2022. Redacted Transcript Deadline set for 3/24/2022. Release of Transcript Restriction set for 5/23/2022..(Moya, Goretti)
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Filing 184
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/9/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 183
TRANSCRIPT of Proceedings re: TRIAL held on 2/9/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2022. Redacted Transcript Deadline set for 3/24/2022. Release of Transcript Restriction set for 5/23/2022..(Moya, Goretti)
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Filing 182
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/8/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 181
TRANSCRIPT of Proceedings re: TRIAL held on 2/8/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2022. Redacted Transcript Deadline set for 3/24/2022. Release of Transcript Restriction set for 5/23/2022..(Moya, Goretti)
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Filing 180
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/7/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 179
TRANSCRIPT of Proceedings re: TRIAL held on 2/7/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2022. Redacted Transcript Deadline set for 3/24/2022. Release of Transcript Restriction set for 5/23/2022..(Moya, Goretti)
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Filing 178
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/4/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 177
TRANSCRIPT of Proceedings re: TRIAL held on 2/4/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2022. Redacted Transcript Deadline set for 3/24/2022. Release of Transcript Restriction set for 5/23/2022..(Moya, Goretti)
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Filing 176
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/3/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 175
TRANSCRIPT of Proceedings re: TRIAL held on 2/3/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2022. Redacted Transcript Deadline set for 3/24/2022. Release of Transcript Restriction set for 5/23/2022..(Moya, Goretti)
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Minute Entry for proceedings held before Judge Jed S. Rakoff:. Telephone Conference set for 2/23/2022 at 04:00 PM before Judge Jed S. Rakoff. The public may access this proceeding on the following line:USA toll free 888-363-4735, international caller paid 215-446-3657, Access code 1086415 (Kotowski, Linda)
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Filing 174
ORDER: The Clerk is directed to docket the attached documents, to supplement the record in this case. Exhibit A is an instruction sent by email to members of the jury on Saturday, February 12, 2022 admonishing them again to avoid any media coverage of the trial. Exhibit B is correspondence between the Court and counsel for the parties regarding case law germane to Defendants' Rule 50 motion for judgment as a matter of law. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/16/2022) (kv)
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Filing 173
VERDICT FORM..(kv)
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Filing 172
ORDER: It is the Court's uniform practice after a verdict has been rendered in a jury trial to have the Court's law clerk inquire of the jury as to whether there were any problems understanding the Court's instructions of law, so that improvements can be made in future cases. Late yesterday, in the course of such an inquiry in this case -- in which the jury confirmed that they had fully understood the instructions and had no suggestions regarding jury instructions for future cases -- several jurors volunteered to the law clerk that, prior to the rendering of the jury verdict in this case, they had learned of the fact of this Court's Rule 50 determination on Monday to dismiss the case on legal grounds. These jurors reported that although they had been assiduously adhering to the Court's instruction to avoid media coverage of the trial, they had involuntarily received "push notifications" on their smartphones that contained the bottom-line of the ruling. The jurors repeatedly assured the Court's law clerk that these notifications had not affected them in any way or played any role whatever in their deliberations. The Court also notes that when it proposed to the parties, during oral argument on Monday morning, to render its Rule 50 decision later that day but to permit the jury to continue deliberating so that the Court of Appeals would have the benefit of both the Court's legal determination and the jury's verdict, no party objected to this plan. Nor did any party object when the Court reconvened later that day, outside the presence of the jury, and the Court indicated that it was prepared to issue a Rule 50 decision at that time. Indeed, no party objected to this procedure at any time whatever. Nevertheless, in an excess of caution, the Court hereby brings the foregoing facts to the parties' attention. If any party feels there is any relief they seek based on the above, counsel should promptly initiate a joint phone conference with the Court to discuss whether any further proceedings are appropriate. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/16/2022) (kv)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial completed on 2/15/2022. (Kotowski, Linda)
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Filing 171
FINAL JUDGMENT: In view of the jury having returned a verdict of not-liable, and independently, for the reasons stated by the Court previously in granting Defendants' Rule 50 motion, final judgment is hereby entered dismissing the complaint with prejudice. ADJUDGED AND DECREED. (Signed by Judge Jed S. Rakoff on 2/15/2022) (kv)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 2/14/2022. The Court grants the defendants' Rule 50 Motion. Charge by the Court. At 3:40pm, after Marshal is sworn, the jury retires to deliberate. (Kotowski, Linda)
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Filing 170
THE COURT'S INSTRUCTIONS OF LAW TO THE JURY: Ct. Ex. 1..(kv)
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Filing 169
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/11/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 168
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/11/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2022. Redacted Transcript Deadline set for 3/17/2022. Release of Transcript Restriction set for 5/16/2022..(Moya, Goretti)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 2/11/2022. (Kotowski, Linda)
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Filing 167
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/24/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 166
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/24/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/4/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 5/12/2022..(Moya, Goretti)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 2/10/2022. Both sides rest. Defendant's Motion to Dismiss denied. (Kotowski, Linda) Modified on 2/11/2022 (Kotowski, Linda).
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 2/9/2022. (Kotowski, Linda)
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Filing 165
TRIAL MEMORANDUM. Document filed by Sarah Palin..(Vogt, Shane)
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Filing 164
TRIAL MEMORANDUM. Document filed by Sarah Palin..(Vogt, Shane)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 2/8/2022. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 2/7/2022. (Kotowski, Linda)
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Filing 163
ORDER re: #162 Witness List filed by Sarah Palin. Docket entry 162, a revised witness list submitted after adjournment of the trial to February 3, 2022, was erroneously filed in a manner that prevented public access. The witness list has now been ordered unsealed. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/7/2022) (kv)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 2/4/2022. (Court Reporter Kristen Carranante) (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial begun on 2/3/2022. (Kotowski, Linda)
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Filing 162
WITNESS LIST. Document filed by Sarah Palin..(Vogt, Shane)
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Filing 161
MEMORANDUM OF LAW in Opposition re: #159 MOTION in Limine For A Ruling That The Challenged Statements Are Not Defamatory Per Se. . Document filed by Sarah Palin..(Vogt, Shane)
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Filing 160
MEMORANDUM OF LAW in Support re: #159 MOTION in Limine For A Ruling That The Challenged Statements Are Not Defamatory Per Se. . Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Filing 159
MOTION in Limine For A Ruling That The Challenged Statements Are Not Defamatory Per Se. Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Hearing Out of Jury Presence held on 1/24/2022, Minute entry for proceedings held before Judge Jed S. Rakoff: Hearing held on 1/24/22. Present for the plaintiff: Kenneth Turkel, Michael Munoz & Shane Vogt, present for the defendant: David Schulz, Jay Brown, David Axelrod, Thomas Sullivan for the defendant, and a court reporter. Due to Plaintiffs positive tests for COVID-19, the trial is adjourned to 2/3/22. The Court ruled on the parties motions in limine, setting forth its reasoning on the record. The Court denied Defendants motion #159 for a ruling that the challenged statements are not defamatory per se, without prejudice to Defendants raising the issue again at the charging conference. The Court granted Defendants motion #132 to exclude the testimony of Plaintiffs damages expert. The Court granted in part and denied in part Defendants motion #137 , granting the prong of the motion seeking to exclude evidence about James Bennets departure from the New York Times but denying the rest of the motion without prejudice to reraising the objections if the evidence is offered. The Court denied Defendants motion #135 without prejudice to reraising the objections if the evidence is offered, except that the Court granted the aspect of Defendants motion seeking exclusion of articles concerning the Plaintiffs child. The Court denied Defendants motion #140 regarding case management issues, but the Court will read the jury a preliminary instruction immediately after opening statements are finished. The Court heard argument on and finalized the text of that preliminary instruction. Plaintiffs motion #129 is denied as moot, but each partys counsel shall identify for opposing counsel any objected-to, proposed exhibits they intend to reference during their opening statements. The Court will rule on any remaining objections to such exhibits before the start of trial. The parties shall file a joint, final, and binding list of witnesses in likely order of appearance on 2/1/22. Throughout the trial, the public may listen to the proceedings using the following public access line: USA Toll free: 844-721-7237, International Caller paid: 409-207-6951,Access Code: 7920433. Pursuant to Federal law, the public is strictly prohibited from recording any part of these proceedings. ( Bench Trial set for 2/3/2022 at 09:00 AM before Judge Jed S. Rakoff.) (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/23/2022 regarding the Plaintiffs positive test for COVID-19, without transcription or recording. (Kotowski, Linda)
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Filing 158
ORDER: The Court has just learned that, based on a new safety protocol that will be implemented imminently, no one may unmask in the courtroom -- even in the HEPA-filter-outfitted witness and attorney boxes -- unless they have tested negative for COVID-19 using an approved molecular diagnostic test. (Antigen tests are not approved.) If a person will be removing his or her mask on successive days, the person may test on an every-other-day schedule; otherwise, the speaker must test negative on the day of his or her appearance. If a speaker has had a confirmed case of COVID-19 (verified by either a doctor'snote or a viral test result) within the prior ninety days, he or she will be exempted from these testing requirements. Confirmation of negative test results (or of a prior case of COVID-19) must be provided to the Court through its staff, as further set forth in this Order. (Signed by Judge Jed S. Rakoff on 1/23/2022) (mml)
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Filing 157
JOINT PRETRIAL CONSENT ORDER: Pursuant to Rule 4 of the Court's Individual Rules of Practice, Plaintiff Sarah Palin and Defendants The New York Times Company ("The Times") and James Bennet respectfully submit this proposed joint pretrial order for the jury trial scheduled to commence on January 24, 2022, as further set forth in this Order. Estimates Length of Trial: Five (5) days. (Signed by Judge Jed S. Rakoff on 1/22/2022) (mml)
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Filing 156
NOTICE OF APPEARANCE by Shawn Preston Ricardo on behalf of Sarah Palin..(Ricardo, Shawn)
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Filing 155
PROPOSED JURY INSTRUCTIONS. Document filed by Sarah Palin..(Vogt, Shane)
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Filing 154
PROPOSED VOIR DIRE QUESTIONS. Document filed by Sarah Palin..(Vogt, Shane)
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Minute Entry for proceedings held before Judge Jed S. Rakoff:. Jury Selection set for 1/24/2022 before Judge Jed S. Rakoff. Throughout the trial, the public may listen to the proceedings using the following public access line: USA Toll free: 844-721-7237, International Caller paid: 409-207-6951,Access Code: 7920433This is a change in connection information. (Kotowski, Linda)
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Filing 153
PROPOSED JURY INSTRUCTIONS. Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Filing 152
PROPOSED VOIR DIRE QUESTIONS. Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial in this matter will commence before Judge Rakoff on 1/24/22. Throughout the trial, the public may listen to the proceedings using the following public access line: 877-810-9415; Access Code: 4086346. (Kotowski, Linda)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Shane Vogt to RE-FILE Document #142 Memorandum of Law in Opposition to Motion,. ERROR(S): Supporting and or Opposing document(s) was linked to a deficient filing. (kj)
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Filing 151
PROPOSED JURY INSTRUCTIONS. Document filed by Sarah Palin..(Vogt, Shane)
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Filing 150
DECLARATION of Craig Kronenberger in Opposition re: #132 MOTION in Limine To Exclude The Testimony of Craig Kronenberger.. Document filed by Sarah Palin..(Vogt, Shane)
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Filing 149
MEMORANDUM OF LAW in Opposition re: #132 MOTION in Limine To Exclude The Testimony of Craig Kronenberger. . Document filed by Sarah Palin. (Attachments: #1 Exhibit A).(Vogt, Shane)
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Filing 148
PROPOSED PRE-TRIAL ORDER. Document filed by Sarah Palin..(Vogt, Shane)
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Filing 147
MEMORANDUM OF LAW in Opposition re: #135 MOTION in Limine to Exclude Evidence Regarding Articles and Posts Published by Atlantic Media, an Article James Bennet Was Sent, and Senator Michael Bennet. . Document filed by Sarah Palin..(Vogt, Shane)
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Filing 146
PROPOSED JURY INSTRUCTIONS. Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Filing 145
MEMORANDUM OF LAW in Opposition re: #137 MOTION in Limine to Exclude Evidence of James Bennet's Departure from The Times, Unrelated Controversies During His Tenure as Opinion Editor, and the Elimination of the Public Editor Position. . Document filed by Sarah Palin..(Vogt, Shane)
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Filing 144
RESPONSE in Opposition to Motion re: #129 MOTION in Limine . . Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Filing 143
MEMORANDUM OF LAW in Opposition re: #140 MOTION in Limine Regarding Case Management Techniques. . Document filed by Sarah Palin..(Vogt, Shane)
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Filing 142
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #131 MOTION in Limine For A Ruling That The Challenged Statements Are Not Defamatory Per Se. . Document filed by Sarah Palin..(Vogt, Shane) Modified on 1/31/2022 (kj).
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Filing 141
MEMORANDUM OF LAW in Support re: #140 MOTION in Limine Regarding Case Management Techniques. . Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Filing 140
MOTION in Limine Regarding Case Management Techniques. Document filed by James Bennet, The New York Times Company. (Attachments: #1 Exhibit A, #2 Exhibit B).(Axelrod, David)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Axelrod to RE-FILE Document #131 MOTION in Limine For A Ruling That The Challenged Statements Are Not Defamatory Per Se.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). (kj)
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Filing 139
DECLARATION of Thomas B. Sullivan in Support re: #137 MOTION in Limine to Exclude Evidence of James Bennet's Departure from The Times, Unrelated Controversies During His Tenure as Opinion Editor, and the Elimination of the Public Editor Position., #135 MOTION in Limine to Exclude Evidence Regarding Articles and Posts Published by Atlantic Media, an Article James Bennet Was Sent, and Senator Michael Bennet.. Document filed by James Bennet, The New York Times Company. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Ex. F, #7 Ex. G, #8 Ex. H, #9 Ex. I, #10 Ex. J, #11 Ex. K, #12 Ex. L, #13 Ex. M (intentionally omitted), #14 Ex. N, #15 Ex. O, #16 Ex. P, #17 Ex. Q, #18 Ex. R, #19 Ex. S, #20 Ex. T, #21 Ex. U, #22 Ex. V, #23 Ex. W, #24 Ex. X, #25 Ex. Y, #26 Ex. Z, #27 Ex. AA, #28 Ex. AB, #29 Ex. AC, #30 Ex. AD, #31 Ex. AE, #32 Ex. AF, #33 Ex. AG, #34 Ex. AH, #35 Ex. AI, #36 Ex. AJ, #37 Ex. AK, #38 Ex. AL, #39 Ex. AM, #40 Ex. AN, #41 Ex. AO, #42 Ex. AP - Part 1 of 2, #43 Ex. AP - Part 2 of 2, #44 Ex. AQ, #45 Ex. AR, #46 Ex. AS, #47 Ex. AT, #48 Ex. AU, #49 Ex. AV).(Axelrod, David)
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Filing 138
MEMORANDUM OF LAW in Support re: #137 MOTION in Limine to Exclude Evidence of James Bennet's Departure from The Times, Unrelated Controversies During His Tenure as Opinion Editor, and the Elimination of the Public Editor Position. . Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Filing 137
MOTION in Limine to Exclude Evidence of James Bennet's Departure from The Times, Unrelated Controversies During His Tenure as Opinion Editor, and the Elimination of the Public Editor Position. Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Filing 136
MEMORANDUM OF LAW in Support re: #135 MOTION in Limine to Exclude Evidence Regarding Articles and Posts Published by Atlantic Media, an Article James Bennet Was Sent, and Senator Michael Bennet. . Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Filing 135
MOTION in Limine to Exclude Evidence Regarding Articles and Posts Published by Atlantic Media, an Article James Bennet Was Sent, and Senator Michael Bennet. Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Filing 134
DECLARATION of David L. Axelrod in Support re: #132 MOTION in Limine To Exclude The Testimony of Craig Kronenberger.. Document filed by James Bennet, The New York Times Company. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 6, #7 Ex. 7, #8 Ex. 8, #9 Ex. 9, #10 Ex. 10, #11 Ex. 11, #12 Ex. 12, #13 Ex. 13, #14 Ex. 14, #15 Ex. 15, #16 Ex. 16, #17 Ex. 17, #18 Ex. 18).(Axelrod, David)
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Filing 133
MEMORANDUM OF LAW in Support re: #132 MOTION in Limine To Exclude The Testimony of Craig Kronenberger. . Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Filing 132
MOTION in Limine To Exclude The Testimony of Craig Kronenberger. Document filed by James Bennet, The New York Times Company..(Axelrod, David)
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Filing 131
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine For A Ruling That The Challenged Statements Are Not Defamatory Per Se. Document filed by James Bennet, The New York Times Company. (Attachments: #1 Memorandum in Support).(Axelrod, David) Modified on 1/31/2022 (kj).
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Minute Entry for proceedings held before Judge Jed S. Rakoff:. Jury Selection set for 1/24/2022 at 09:00AM before Judge Jed S. Rakoff. The public may listen by using the connection information:Toll-Free USA : 877-810-9415International Caller Paid: 636-651-3185Access Code: 4086346 (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/11/2022. (Kotowski, Linda)
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Filing 130
MEMORANDUM OF LAW in Support re: #129 MOTION in Limine . . Document filed by Sarah Palin. (Attachments: #1 Exhibit A).(Vogt, Shane)
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Filing 129
MOTION in Limine . Document filed by Sarah Palin. (Attachments: #1 Exhibit A).(Vogt, Shane)
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Minute Entry for proceedings held before Judge Jed S. Rakoff:. Telephone Conference set for 1/11/2022 at 02:30 PM before Judge Jed S. Rakoff. The public may access this proceeding by dialing :USA toll free 888-363-4735, international caller paid 215-446-3657, Access code 1086415 (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff:. A telphonic Pretrial Conference set for 1/11/2022 at 02:30 PM before Judge Jed S. Rakoff. The public may access this proceeding by dialing :USA toll free 888-363-4735, international caller paid 215-446-3657, Access code 1086415 (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/7/2022.. The Court denied Plaintiffs motion to adjourn the trial but granted Plaintiffs motion to adjust the sitting times on certain trial days. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/20/2021. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: In the above-captioned case, a telephone conference was held August 12, 2021 without transcription or recording. Counsel for Plaintiff and Defendant were present. Developments with the COVID-19 pandemic necessitate the postponement of the jury trial. Accordingly, trial will now commence January 24, 2022. ( Jury Selection set for 1/24/2022 at 09:30AM before Judge Jed S. Rakoff.). (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/28/2021, ( Jury Trial set for 9/20/2021 at 09:30 AM before Judge Jed S. Rakoff.). (Kotowski, Linda)
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Filing 128
MEMO ENDORSEMENT granting #127 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Michael D. Sullivan terminated. (Signed by Judge Jed S. Rakoff on 7/20/2021) (kv)
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Filing 127
MOTION for Michael D. Sullivan to Withdraw as Attorney . Document filed by James Bennet, The New York Times Company..(Sullivan, Michael)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/22/2021. (Kotowski, Linda)
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NOTICE: The trial is adjourned pending further of the Court..(Kotowski, Linda)
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Filing 126
INTERNET CITATION NOTE: Material from decision with Internet citation re: #125 Order on Motion for Reconsideration. (sjo)
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Filing 125
MEMORANDUM ORDER granting #119 Motion for Reconsideration: For the foregoing reasons, defendants' motion is granted. The Court holds that N.Y. Civil Rights Law 76-a, as amended on November 10, 2020, applies to this action and requires plaintiff, as a matter of state law, to prove by clear and convincing evidence what she had already been tasked with establishing under the federal Constitution: that defendants made the allegedly defamatory statements in the Editorial "with knowledge of [their] falsity or with reckless disregard of whether [they were] false" -- that is, with actual malice. See 76-a(2). The Clerk of the Court is directed to close the entry at docket number 119. (Signed by Judge Jed S. Rakoff on 12/29/2020) (jwh)
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Minute Entry for proceedings held before Judge Jed S. Rakoff:. Jury Trial set for 6/21/2021 at 09:30 AM before Judge Jed S. Rakoff, pending further order of the Court. (Kotowski, Linda)
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Filing 124
REPLY MEMORANDUM OF LAW in Support re: #119 MOTION for Reconsideration re; #117 Memorandum & Opinion,, . . Document filed by The New York Times Company..(Brown, Jay)
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Filing 123
RESPONSE to Motion re: #119 MOTION for Reconsideration re; #117 Memorandum & Opinion,, . . Document filed by Sarah Palin..(Vogt, Shane)
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Filing 122
MEMO ENDORSEMENT granting #121 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Attorney Lee Levine terminated.) (Signed by Judge Jed S. Rakoff on 12/4/2020) (rro)
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Filing 121
MOTION for Lee. J. Levine to Withdraw as Attorney . Document filed by James Bennet, The New York Times Company..(Levine, Lee)
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Filing 120
MEMORANDUM OF LAW in Support re: #119 MOTION for Reconsideration re; #117 Memorandum & Opinion,, . . Document filed by James Bennet, The New York Times Company..(Brown, Jay)
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Filing 119
MOTION for Reconsideration re; #117 Memorandum & Opinion,, . Document filed by James Bennet, The New York Times Company..(Brown, Jay)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/23/2020. (Kotowski, Linda)
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Filing 118
ORDER: The Court hereby corrects the following error in the Opinion and Order signed today, August 28, 2020, Dkt. No. 117, in the above-captioned matter: On page 35, line 5, the word "2020" is deleted and replaced with "2021." (Signed by Judge Jed S. Rakoff on 8/28/2020) (rro)
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Filing 117
OPINION AND ORDER re: #95 MOTION for Partial Summary Judgment . filed by Sarah Palin, #94 MOTION for Summary Judgment . filed by The New York Times Company, James Bennet. For the above-discussed reasons, plaintiff's motion for partial summary judgment is denied and defendants' motion for summary judgment is also denied. The Clerk of the Court is directed to close docket entries 94 and 95. The trial of this case, pandemic permitting, will commence on February 1, 2020 at 9:30 a.m. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/28/2020) (kv)
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Filing 116
MEMORANDUM OF LAW in Support re: #83 Order on Motion for Judgment on the Pleadings, of Reconsideration and/or Alteration or Amendment of January 21, 2020 Memorandum Order. Document filed by Sarah Palin..(Vogt, Shane)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Shane B. Vogt to RE-FILE Document #111 MOTION for Reconsideration re; #83 Order on Motion for Judgment on the Pleadings, .. Use the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers. (lb)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephonic Oral Argument held on 7/27/2020 re: #95 MOTION for Partial Summary Judgment . filed by Sarah Palin, #94 MOTION for Summary Judgment . filed by The New York Times Company, James Bennet. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/22/2020, ( Jury Trial set for 2/1/2021 at 09:30 AM before Judge Jed S. Rakoff.). (Kotowski, Linda)
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Filing 115
MEMORANDUM OF LAW in Opposition re: #111 MOTION for Reconsideration re; #83 Order on Motion for Judgment on the Pleadings, . . Document filed by James Bennet, The New York Times Company..(Brown, Jay)
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Filing 114
RULE 56.1 STATEMENT. Document filed by James Bennet, The New York Times Company..(Brown, Jay)
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Filing 113
REPLY MEMORANDUM OF LAW in Support re: #94 MOTION for Summary Judgment . . Document filed by The New York Times Company..(Brown, Jay)
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Filing 112
REPLY MEMORANDUM OF LAW in Opposition re: #94 MOTION for Summary Judgment . . Document filed by Sarah Palin..(Vogt, Shane)
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NOTICE of Hearing:The Pretrial Conference set for 7/27/2020 at 02:00 PM before Judge Jed S. Rakoff shall proceed telephonically. Dial in information: USA toll free - 888-363-4735; International, caller paid - 215-446-3657; Access code - 1086415..(Kotowski, Linda)
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Filing 111
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration re; #83 Order on Motion for Judgment on the Pleadings, . Document filed by Sarah Palin..(Vogt, Shane) Modified on 7/28/2020 (lb).
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Filing 110
NOTICE of Plaintiff's Statement Regarding Filing of Declaration of Shane Vogt [Doc. 109] re: #109 Declaration in Opposition to Motion,,,,,,,,,,,,,,,,,. Document filed by Sarah Palin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Vogt, Shane)
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Filing 109
DECLARATION of Shane B. Vogt in Opposition re: #94 MOTION for Summary Judgment .. Document filed by Sarah Palin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70 (Part 1), #71 Exhibit 70 (Part 2), #72 Exhibit 70 (Part 3), #73 Exhibit 70 (Part 4), #74 Exhibit 71, #75 Exhibit 72, #76 Exhibit 73, #77 Exhibit 74, #78 Exhibit 75, #79 Exhibit 76, #80 Exhibit 77, #81 Exhibit 78, #82 Exhibit 79, #83 Exhibit 80, #84 Exhibit 81, #85 Exhibit 82, #86 Exhibit 83, #87 Exhibit 84, #88 Exhibit 85, #89 Exhibit 86, #90 Exhibit 87, #91 Exhibit 88, #92 Exhibit 89, #93 Exhibit 90, #94 Exhibit 91, #95 Exhibit 92, #96 Exhibit 93, #97 Exhibit 94, #98 Exhibit 95, #99 Exhibit 96, #100 Exhibit 97, #101 Exhibit 98, #102 Exhibit 99, #103 Exhibit 100, #104 Exhibit 101, #105 Exhibit 102, #106 Exhibit 103, #107 Exhibit 104, #108 Exhibit 105, #109 Exhibit 106, #110 Exhibit 107, #111 Exhibit 108, #112 Exhibit 109, #113 Exhibit 110, #114 Exhibit 111, #115 Exhibit 112, #116 Exhibit 113, #117 Exhibit 114, #118 Exhibit 115, #119 Exhibit 116, #120 Exhibit 117, #121 Exhibit 118, #122 Exhibit 119, #123 Exhibit 120, #124 Exhibit 121, #125 Exhibit 122, #126 Exhibit 123, #127 Exhibit 124, #128 Exhibit 125, #129 Exhibit 126, #130 Exhibit 127, #131 Exhibit 128, #132 Exhibit 129, #133 Exhibit 130, #134 Exhibit 131, #135 Exhibit 132, #136 Exhibit 133, #137 Exhibit 134, #138 Exhibit 135, #139 Exhibit 136, #140 Exhibit 137, #141 Exhibit 138, #142 Exhibit 139, #143 Exhibit 140, #144 Exhibit 141, #145 Exhibit 142, #146 Exhibit 143, #147 Exhibit 144, #148 Exhibit 145, #149 Exhibit 146, #150 Exhibit 147, #151 Exhibit 148, #152 Exhibit 149, #153 Exhibit 150, #154 Exhibit 151, #155 Exhibit 152, #156 Exhibit 153, #157 Exhibit 154, #158 Exhibit 155, #159 Exhibit 156, #160 Exhibit 157, #161 Exhibit 158, #162 Exhibit 159, #163 Exhibit 160, #164 Exhibit 161, #165 Exhibit 162, #166 Exhibit 163, #167 Exhibit 164, #168 Exhibit 165, #169 Exhibit 166, #170 Exhibit 167, #171 Exhibit 168, #172 Exhibit 169, #173 Exhibit 170, #174 Exhibit 171, #175 Exhibit 172, #176 Exhibit 173, #177 Exhibit 174, #178 Exhibit 175, #179 Exhibit 176, #180 Exhibit 177, #181 Exhibit 178, #182 Exhibit 179, #183 Exhibit 180, #184 Exhibit 181, #185 Exhibit 182, #186 Exhibit 183, #187 Exhibit 184, #188 Exhibit 185, #189 Exhibit 186, #190 Exhibit 187, #191 Exhibit 188, #192 Exhibit 189, #193 Exhibit 190, #194 Exhibit 191, #195 Exhibit 192, #196 Exhibit 193, #197 Exhibit 194, #198 Exhibit 195, #199 Exhibit 196, #200 Exhibit 197, #201 Exhibit 198, #202 Exhibit 199, #203 Exhibit 200, #204 Exhibit 201, #205 Exhibit 202, #206 Exhibit 203, #207 Exhibit 204, #208 Exhibit 205, #209 Exhibit 206, #210 Exhibit 207, #211 Exhibit 208, #212 Exhibit 209, #213 Exhibit 210, #214 Exhibit 211).(Vogt, Shane)
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Filing 108
COUNTER STATEMENT TO #97 Rule 56.1 Statement. Document filed by Sarah Palin..(Vogt, Shane)
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Filing 107
MEMORANDUM OF LAW in Opposition re: #94 MOTION for Summary Judgment . . Document filed by Sarah Palin..(Vogt, Shane)
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Filing 106
COUNTER STATEMENT TO #101 Rule 56.1 Statement. Document filed by James Bennet, The New York Times Company..(Brown, Jay)
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Filing 105
DECLARATION of Jacquelyn N. Schell in Opposition re: #95 MOTION for Partial Summary Judgment .. Document filed by James Bennet, The New York Times Company. (Attachments: #1 Exhibit 62, #2 Exhibit 63, #3 Exhibit 64, #4 Exhibit 65, #5 Exhibit 66).(Brown, Jay)
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Filing 104
MEMORANDUM OF LAW in Opposition re: #95 MOTION for Partial Summary Judgment . . Document filed by James Bennet, The New York Times Company..(Brown, Jay)
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Filing 103
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CONSENT MOTION to Amend/Correct #99 Declaration in Support of Motion,,,,, . Document filed by James Bennet, The New York Times Company. (Attachments: #1 Exhibit Corrected Exhibit 4, #2 Exhibit Corrected Exhibit 5).(Sullivan, Thomas) Modified on 7/27/2020 (lb).
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/8/2020. (Kotowski, Linda)
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Filing 102
DECLARATION of Shane B. Vogt in Support re: #95 MOTION for Partial Summary Judgment .. Document filed by Sarah Palin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB).(Vogt, Shane)
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Filing 101
RULE 56.1 STATEMENT. Document filed by Sarah Palin..(Vogt, Shane)
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Filing 100
MEMORANDUM OF LAW in Support re: #95 MOTION for Partial Summary Judgment . . Document filed by Sarah Palin..(Vogt, Shane)
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Filing 99
DECLARATION of Thomas B. Sullivan in Support re: #94 MOTION for Summary Judgment .. Document filed by James Bennet, The New York Times Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61).(Brown, Jay)
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Filing 98
DECLARATION of James Bennet in Support re: #94 MOTION for Summary Judgment .. Document filed by James Bennet, The New York Times Company..(Brown, Jay)
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Filing 97
RULE 56.1 STATEMENT. Document filed by James Bennet, The New York Times Company..(Brown, Jay)
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Filing 96
MEMORANDUM OF LAW in Support re: #94 MOTION for Summary Judgment . . Document filed by James Bennet, The New York Times Company..(Brown, Jay)
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Filing 95
MOTION for Partial Summary Judgment . Document filed by Sarah Palin..(Vogt, Shane)
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Filing 94
MOTION for Summary Judgment . Document filed by James Bennet, The New York Times Company..(Brown, Jay)
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Filing 93
MEMO ENDORSEMENT on re: #92 Notice of Substitution of Attorney, filed by Sarah Palin. ENDORSEMENT: SO ORDERED. (Attorney Shawn Preston Ricardo terminated.) (Signed by Judge Jed S. Rakoff on 3/23/2020) (jwh)
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Filing 92
NOTICE of Substitution of Attorney. Old Attorney: S. Preston Ricardo, New Attorney: Michael M. Munoz, Address: Golenbock Eiseman Assor Bell & Peskoe LLP, 711 Third Avenue, 17th Floor, New York, NY, United States 10017, 212-907-7300. Document filed by Sarah Palin..(Ricardo, Shawn)
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Filing 91
NOTICE OF APPEARANCE by Michael McGee Munoz on behalf of Sarah Palin..(Munoz, Michael)
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Set/Reset Hearings: Final Pretrial Conference set for 7/27/2020 at 02:00 PM before Judge Jed S. Rakoff. Jury Trial set for 8/24/2020 at 09:00 AM before Judge Jed S. Rakoff. (kgo)
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MEMORANDUM TO THE DOCKET CLERK: The final pre-trial conference and the trial dates previously set for May 26, 2020 and June 22, 2020, respectively, have been adjourned to July 27, 2020 at 2:00 p.m. and August 24, 2020 at 9:00 a.m.(kgo)
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Filing 90
AMENDED CIVIL CASE MANAGEMENT PLAN: Ready for Trial by 8/24/2020. Amended pleadings may be filed without leave of Court until 1/7/20. Deposition due by 5/29/2020. Discovery due by 6/5/2020. Motions due by 6/19/2020. Responses due by 7/10/2020. Replies due by 7/17/2020. Oral Argument set for 7/27/2020 at 02:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 7/27/2020 at 02:00 PM before Judge Jed S. Rakoff. The Court will decide any summary judgment motions by no later than 8/10/20. The trial of any remaining claims will commence on 8/24/20 at 9:00 am. Jury Trial set for 8/24/2020 at 09:00 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 3/18/2020) (jwh)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Interim Pretrial Conference held on 3/17/2020. (tro)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/17/2020. (tro) Modified on 3/18/2020 (tro).
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Filing 89
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/16/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 88
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/16/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sonya Ketter Moore, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/1/2020. Redacted Transcript Deadline set for 4/13/2020. Release of Transcript Restriction set for 6/9/2020..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/27/2020. (Kotowski, Linda)
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Filing 87
NOTICE OF APPEARANCE by Jacquelyn Nicole Schell on behalf of James Bennet, The New York Times Company..(Schell, Jacquelyn)
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Filing 86
ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting #85 Motion for David L. Axelrod to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 1/31/2020) (jwh)
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Filing 85
MOTION for David L. Axelrod to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18640467. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Bennet, The New York Times Company. (Attachments: #1 Affidavit of D. Axelrod, #2 Exhibit 1, #3 Text of Proposed Order)(Axelrod, David)
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Filing 84
PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Jed S. Rakoff on 1/24/2020) (jwh)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/24/2020. (Kotowski, Linda)
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Filing 83
MEMORANDUM ORDER granting #76 Motion for Judgment on the Pleadings: For these reasons, the Court grants the defendants' motion for partial judgment on the pleadings dismissing Palin's claim for disgorgement damages. The Clerk is directed to close the entry bearing the docket number 76. (Signed by Judge Jed S. Rakoff on 1/19/2020) (jwh)
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Filing 82
REPLY MEMORANDUM OF LAW in Support re: #76 MOTION for Judgment on the Pleadings to dismiss plaintiff's claim for disgorgement damages. . Document filed by James Bennet, The New York Times Company. (Brown, Jay)
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Filing 81
ORDER GRANTING LEAVE TO WITHDRAW AS COUNSEL granting #78 Motion to Withdraw: IT IS HEREBY ORDERED that the noticed request to withdraw Thomas S. Leatherbury and Vinson & Elkins LLP as co-counsel for The New York Times Company is granted, and the appearances of Mr. Leatherbury and Vinson & Elkins LLP are withdrawn as of the date of this Order. (Attorney Thomas S. Leatherbury terminated.) (Signed by Judge Jed S. Rakoff on 1/10/2020) (jwh) Modified on 1/13/2020 (jwh).
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Filing 80
MEMORANDUM OF LAW in Opposition re: #76 MOTION for Judgment on the Pleadings to dismiss plaintiff's claim for disgorgement damages. . Document filed by Sarah Palin. (Vogt, Shane)
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Filing 79
DECLARATION of Thomas S. Leatherbury in Support re: #78 MOTION to Withdraw as Co-Counsel.. Document filed by The New York Times Company. (Leatherbury, Thomas)
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Filing 78
MOTION to Withdraw as Co-Counsel. Document filed by The New York Times Company. (Attachments: #1 Text of Proposed Order)(Leatherbury, Thomas)
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Filing 77
MEMORANDUM OF LAW in Support re: #76 MOTION for Judgment on the Pleadings to dismiss plaintiff's claim for disgorgement damages. . Document filed by James Bennet, The New York Times Company. (Brown, Jay)
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Filing 76
MOTION for Judgment on the Pleadings to dismiss plaintiff's claim for disgorgement damages. Document filed by James Bennet, The New York Times Company. Responses due by 1/10/2020(Brown, Jay)
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Filing 75
ANSWER to #70 Amended Complaint,, with JURY DEMAND. Document filed by James Bennet, The New York Times Company.(Brown, Jay)
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Filing 74
NOTICE OF APPEARANCE by Thomas Byrne Sullivan on behalf of James Bennet. (Sullivan, Thomas)
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Filing 73
NOTICE OF APPEARANCE by Jay Ward Brown on behalf of James Bennet. (Brown, Jay)
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Filing 72
ELECTRONIC SUMMONS ISSUED as to James Bennet. (pc)
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Filing 71
REQUEST FOR ISSUANCE OF SUMMONS as to James Bennet, re: #70 Amended Complaint,,. Document filed by Sarah Palin. (Ricardo, Shawn)
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Filing 70
FIRST AMENDED COMPLAINT amending #1 Complaint, against The New York Times Company, James Bennet with JURY DEMAND.Document filed by Sarah Palin. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Ricardo, Shawn)
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Filing 69
CIVIL CASE MANAGEMENT PLAN: Trial - 6/22/20. The case is to be tried to a jury. Amended Pleadings due by 1/7/2020. Motions due by 4/27/2020. Responses due by 5/11/2020 Replies due by 5/18/2020. Deposition due by 4/6/2020. Discovery due by 4/13/2020. Oral Argument set for 5/26/2020 at 11:00 AM before Judge Jed S. Rakoff. Final Pretrial Conference set for 5/26/2020 at 11:00 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 12/16/2019) (jwh)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Scheduling Conference held on 12/16/2019, ( Final Pretrial Conference set for 5/26/2020 at 11:00 AM before Judge Jed S. Rakoff., Jury Trial set for 6/22/2020 at 09:30 AM before Judge Jed S. Rakoff.). (Kotowski, Linda)
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Filing 68
NOTICE OF APPEARANCE by Thomas Byrne Sullivan on behalf of The New York Times Company. (Sullivan, Thomas)
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Filing 67
ORDER: The Court will hold a scheduling conference in this case on Monday, December 16, 2019 at 11:00 AM in Courtroom 14B at 500 Pearl St., New York, NY. (Scheduling Conference set for 12/16/2019 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 12/11/2019) (jwh)
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Minute Entry for proceedings held before Judge Jed S. Rakoff:. Scheduling Conference set for 12/16/2019 at 11:00 AM before Judge Jed S. Rakoff. (Kotowski, Linda)
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Filing 66
MANDATE of USCA (Certified Copy) as to #62 Notice of Appeal, filed by Sarah Palin. USCA Case Number 17-3801. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is VACATED and the case is REMANDED to the district court for further proceedings consistent with this Court's opinion. This judgment is nunc pro tunc to October 15, 2019, the date the Amended Opinion was filed. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/09/2019. (Attachments: #1 Opinion, #2 Amended Opinion, #3 Judgment)(nd)
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Transmission of USCA Mandate to the District Judge re: #66 USCA Mandate,,. (nd)
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Filing 65
AMENDED OPINION OF USCA as to #62 Notice of Appeal, filed by Sarah Palin. USCA Case Number 17-3801-cv. This case is ultimately about the First Amendment, but the subject matter implicated in this appeal is far less dramatic: rules of procedure and pleading standards. Sarah Palin appeals the dismissal of her defamation complaint against The New York Times ("the Times") for failure to state a claim. The district court (Rakoff, J.), uncertain as to whether Palin's complaint plausibly alleged all of the required elements of her defamation claim, held an evidentiary hearing to test the sufficiency of Palin's pleadings. Following the hearing, and without converting the proceeding to one for summary judgment, the district court relied on evidence adduced at that hearing to dismiss Palin's complaint under Federal Rule of Civil Procedure 12(b)(6). We find that the district court erred in relying on facts outside the pleadings to dismiss the complaint. We further conclude that Palin's Proposed Amended Complaint plausibly states a claim for defamation and may proceed to full discovery. We therefore VACATE and REMAND for proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/15/2019. (nd)
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Filing 64
OPINION of USCA (Certified) as to #62 Notice of Appeal, filed by Sarah Palin USCA Case Number 17-3801-cv. This case is ultimately about the First Amendment, but the subject matter implicated in this appeal is far less dramatic: rules of procedure and pleading standards. Sarah Palin appeals the dismissal of her defamation complaint against The New York Times ("the Times") for failure to state a claim. The district court (Rakoff, J.), uncertain as to whether Palin's complaint plausibly alleged all of the required elements of her defamation claim, held an evidentiary hearing to test the sufficiency of Palins pleadings. Following the hearing, and without converting the proceeding to one for summary judgment, the district court relied on evidence adduced at that hearing to dismiss Palins complaint under Federal Rule of Civil Procedure 12(b)(6). We find that the district court erred in relying on facts outside the pleadings to dismiss the complaint. We further conclude that Palin's Proposed Amended Complaint plausibly states a claim for defamation and may proceed to full discovery. We therefore VACATE and REMAND for proceedings consistent with this opinion.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 8/6/2019. (nd)
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Transmission of USCA Opinion to the District Judge re: #64 USCA Opinion. (nd)
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Filing 63
NOTICE OF CHANGE OF ADDRESS by David A. Schulz on behalf of The New York Times Company. New Address: Ballard Spahr LLP, 1675 Broadway, 19th Floor, New York, NY, US 10019-5820, 212-850-6103. (Schulz, David)
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Filing 62
NOTICE OF APPEAL from #46 Clerk's Judgment, #61 Order on Motion for Reconsideration,. Document filed by Sarah Palin. Filing fee $ 505.00, receipt number 0208-14390616. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Vogt, Shane)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #62 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #62 Notice of Appeal, filed by Sarah Palin were transmitted to the U.S. Court of Appeals. (tp)
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Terminate Transcript Deadlines (yv)
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Filing 61
MEMORANDUM ORDER denying #51 Motion for Reconsideration re #45 Memorandum & Opinion. For the foregoing reasons, plaintiff's motion for reconsideration is hereby denied. The Clerk of the Court is directed to close the case. So Ordered., (Signed by Judge Jed S. Rakoff on 10/23/17) (yv)
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Filing 60
REPLY MEMORANDUM OF LAW in Support re: #51 MOTION for Reconsideration re; #45 Memorandum & Opinion,, #46 Clerk's Judgment, . . Document filed by Sarah Palin. (Vogt, Shane)
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Filing 59
MEMORANDUM OF LAW in Opposition re: #51 MOTION for Reconsideration re; #45 Memorandum & Opinion,, #46 Clerk's Judgment, . . Document filed by The New York Times Company. (Brown, Jay)
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Filing 58
NOTICE OF CHANGE OF ADDRESS by Michael D. Sullivan on behalf of The New York Times Company. New Address: Ballard Spahr LLP, 1909 K Street, NW, 12th Floor, Washington, DC, USA 20006-1157, 202-508-1116. (Sullivan, Michael)
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Filing 57
NOTICE OF CHANGE OF ADDRESS by Lee Levine on behalf of The New York Times Company. New Address: Ballard Spahr LLP, 1909 K Street, NW, 12th Floor, Washington, DC, USA 20006-1157, 202-508-1110. (Levine, Lee)
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Filing 56
NOTICE OF CHANGE OF ADDRESS by Jay Ward Brown on behalf of The New York Times Company. New Address: Ballard Spahr LLP, 1909 K Street, NW, 12th Floor, Washington, DC, USA 20006-1157, 202-508-1136. (Brown, Jay)
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Filing 55
NOTICE OF CHANGE OF ADDRESS by David A.. Schulz on behalf of The New York Times Company. New Address: Ballard Spahr LLP, 919 Third Avenue, 37th Floor, New York, NY, USA 10022-3915, 212-850-6103. (Schulz, David)
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Filing 54
DECLARATION of Shane B. Vogt in Support re: #51 MOTION for Reconsideration re; #45 Memorandum & Opinion,, #46 Clerk's Judgment, .. Document filed by Sarah Palin. (Attachments: #1 Exhibit A to Declaration)(Vogt, Shane)
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Filing 53
DECLARATION of Shane B. Vogt in Support re: #51 MOTION for Reconsideration re; #45 Memorandum & Opinion,, #46 Clerk's Judgment, .. Document filed by Sarah Palin. (Attachments: #1 Exhibit 1 to Exhibit A (Proposed Amended Complaint), #2 Exhibit 2 to Exhibit A (Proposed Amended Complaint), #3 Exhibit 3 to Exhibit A (Proposed Amended Complaint), #4 Exhibit 4 to Exhibit A (Proposed Amended Complaint), #5 Exhibit 5 to Exhibit A (Proposed Amended Complaint), #6 Exhibit 6 to Exhibit A (Proposed Amended Complaint), #7 Exhibit 7 to Exhibit A (Proposed Amended Complaint), #8 Exhibit 8 to Exhibit A (Proposed Amended Complaint), #9 Exhibit 9 to Exhibit A (Proposed Amended Complaint), #10 Exhibit 10 to Exhibit A (Proposed Amended Complaint), #11 Exhibit 11 to Exhibit A (Proposed Amended Complaint), #12 Exhibit 12 to Exhibit A (Proposed Amended Complaint), #13 Exhibit 13 to Exhibit A (Proposed Amended Complaint), #14 Exhibit 14 to Exhibit A (Proposed Amended Complaint), #15 Exhibit 15 to Exhibit A (Proposed Amended Complaint), #16 Exhibit 16 to Exhibit A (Proposed Amended Complaint), #17 Exhibit 17 to Exhibit A (Proposed Amended Complaint), #18 Exhibit 18 to Exhibit A (Proposed Amended Complaint), #19 Exhibit 19 to Exhibit A (Proposed Amended Complaint), #20 Exhibit 20 to Exhibit A (Proposed Amended Complaint), #21 Exhibit 21 to Exhibit A (Proposed Amended Complaint), #22 Exhibit 22 to Exhibit A (Proposed Amended Complaint), #23 Exhibit 23 to Exhibit A (Proposed Amended Complaint), #24 Exhibit 24 to Exhibit A (Proposed Amended Complaint), #25 Exhibit 25 to Exhibit A (Proposed Amended Complaint), #26 Exhibit 26 to Exhibit A (Proposed Amended Complaint), #27 Exhibit 27 to Exhibit A (Proposed Amended Complaint), #28 Exhibit 28 to Exhibit A (Proposed Amended Complaint), #29 Exhibit 29 to Exhibit A (Proposed Amended Complaint))(Vogt, Shane)
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Filing 52
MEMORANDUM OF LAW in Support re: #51 MOTION for Reconsideration re; #45 Memorandum & Opinion,, #46 Clerk's Judgment, . . Document filed by Sarah Palin. (Vogt, Shane)
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Filing 51
MOTION for Reconsideration re; #45 Memorandum & Opinion,, #46 Clerk's Judgment, . Document filed by Sarah Palin.(Vogt, Shane)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/11/2017. (Kotowski, Linda)
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Filing 50
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 8/16/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 49
TRANSCRIPT of Proceedings re: HEARING held on 8/16/2017 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2017. Redacted Transcript Deadline set for 10/2/2017. Release of Transcript Restriction set for 11/28/2017.(McGuirk, Kelly)
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Filing 48
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 7/31/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 47
TRANSCRIPT of Proceedings re: ARGUMENT held on 7/31/2017 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2017. Redacted Transcript Deadline set for 10/2/2017. Release of Transcript Restriction set for 11/28/2017.(McGuirk, Kelly)
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Filing 46
CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated August 29, 2017, defendant's motion to dismiss is granted with prejudice. (Signed by Clerk of Court Ruby Krajick on 08/30/2017) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
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Terminate Transcript Deadlines (dt)
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Filing 45
OPINION AND ORDER re: #24 MOTION to Dismiss . filed by The New York Times Company. The Court grants defendant's motion to dismiss. Because, moreover, this Court has canvassed in the discussion above all the various additions that plaintiff has even remotely suggested it would include in an amended complaint, the dismissal is "with prejudice," that is, final. Clerk to enter judgment. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/29/17) (yv) (Main Document 45 replaced on 8/30/2017) (mt).
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Transmission to Judgments and Orders Clerk. Transmitted re: #45 Memorandum & Opinion, to the Judgments and Orders Clerk. (yv)
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Filing 44
REPLY to Response to Motion re: #24 MOTION to Dismiss . Reply to Plaintiff's Response, Dkt. No. 43. Document filed by The New York Times Company. (Brown, Jay)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/22/2017. (Kotowski, Linda)
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Filing 43
RESPONSE to Motion re: #24 MOTION to Dismiss . (Response to #42 Defendant's Supplemental Memorandum). Document filed by Sarah Palin. (Vogt, Shane)
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Filing 42
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . . Document filed by The New York Times Company. (Brown, Jay)
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Filing 41
DECLARATION of Shane B. Vogt in Opposition re: #24 MOTION to Dismiss .. Document filed by Sarah Palin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34)(Vogt, Shane)
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Filing 40
MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss . on Context, Inferences and Plausibility. Document filed by Sarah Palin. (Vogt, Shane)
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Filing 39
MEMO ENDORSED ORDER granting #38 Motion for Michael D. Sullivan to Appear Pro Hac Vice. ENDORSEMENT: IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Jed S. Rakoff on 8/18/17) (yv) Modified on 9/20/2017 (yv).
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Evidentiary Hearing held on 8/16/2017. (Kotowski, Linda)
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Filing 38
MOTION for Michael D. Sullivan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The New York Times Company. (Attachments: #1 Declaration of Michael D. Sullivan in Support, #2 Exhibit 1 - certificate of good standing, #3 Text of Proposed Order)(Sullivan, Michael)
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Filing 37
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael D. Sullivan in Support re: #36 MOTION for Michael D. Sullivan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14010060. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by The New York Times Company. (Attachments: #1 Exhibit 1 - certificate of good standing, #2 Text of Proposed Order)(Sullivan, Michael) Modified on 8/14/2017 (ma).
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Filing 36
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael D. Sullivan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14010060. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The New York Times Company.(Sullivan, Michael) Modified on 8/14/2017 (ma).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Michael D. Sullivan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #36 MOTION for Michael D. Sullivan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14010060. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): ALL THE DOCUMENTS MUST BE FILED TOGETHER. THE DOCUMENTS SHOULD BE IN THE FOLLOWING ORDR: 1) MOTION THEN THE DECLARATION/AFFIDAVIT, CERTIFCATE OF GOOD STANDING FROM THE SUPREME COURT AND THE PROPOSED ORDER MUST ALL BE ATTACHED.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/10/2017. (Kotowski, Linda)
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Filing 35
ORDER re: #24 MOTION to Dismiss . filed by The New York Times Company. To help inform the Court of what inferences are reasonable or unreasonable in this context, the Court, pursuant to Rule 43(c), will convene an evidentiary hearing on Wednesday, August 16 at 2:00 PM EST. At the hearing, defense counsel must produce the author(s) of the editorial, who (or each of whom, if there is more than one author) will be examined under oath by defense counsel for no more than thirty (30) minutes, to be followed by cross-examination of plaintiff's counsel of no more than forty-five (45) minutes, to be followed by no more than fifteen (15) minutes of redirect by defense counsel. The Court also may question each such witness. SO ORDERED., (Evidentiary Hearing set for 8/16/2017 at 02:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 8/10/17) (yv)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 7/31/2017 re: #24 MOTION to Dismiss . filed by The New York Times Company. (Kotowski, Linda)
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Filing 34
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/7/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 33
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/7/2017 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/16/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/24/2017.(McGuirk, Kelly)
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Filing 32
DECLARATION of Jay Ward Brown in Support re: #24 MOTION to Dismiss .. Document filed by The New York Times Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brown, Jay)
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Filing 31
REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . . Document filed by The New York Times Company. (Brown, Jay)
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Filing 30
DECLARATION of Shane B. Vogt in Opposition re: #24 MOTION to Dismiss .. Document filed by Sarah Palin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Vogt, Shane)
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Filing 29
MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss . . Document filed by Sarah Palin. (Vogt, Shane)
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Filing 28
ORDER FOR ADMISSION PRO HAC VICE granting #21 Motion for Thomas S. Leatherbury to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Thomas S. Leatherbury is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Jed S. Rakoff on 7/15/17) (yv)
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Filing 27
ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting #20 Motion for Lee Levine to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Jed S. Rakoff on 7/15/17) (yv)
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Filing 26
DECLARATION of Jay Ward Brown in Support re: #24 MOTION to Dismiss .. Document filed by The New York Times Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Brown, Jay)
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Filing 25
MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . . Document filed by The New York Times Company. (Brown, Jay)
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Filing 24
MOTION to Dismiss . Document filed by The New York Times Company.(Brown, Jay)
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Filing 23
CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Motion to Dismiss moving papers: 7/14; Answering: 7/21; Reply: 7/26. Oral Argument set for 7/31/2017 at 04:00 PM before Judge Jed S. Rakoff. Amended Pleadings due by 8/9/2017. Joinder of Parties due by 8/9/2017. Post-discovery summary judgment motions 10/5/2017. Responses due by 10/19/2017. Replies due by 10/26/2017. All depositions (including any expert depositions, see item 3 above) must be completed by 9/28/2017. All discovery is to be completed by 9/28/2017. A final pre-trial conference as well as oral argument on any post-discovery summary judgment motions, shall be held on 11/2/2017 at 04:00 PM before Judge Jed S. Rakoff. This Court requires that this case shall be ready for trial on 12/7/2017. (Signed by Judge Jed S. Rakoff on 7/7/2017) (mro)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 7/7/2017. A trial date is set for December 11, 2017. (Kotowski, Linda)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Lee Levine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13865200. Motion and supporting papers to be reviewed by Clerk's Office staff., #21 MOTION for Thomas S. Leatherbury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13865604. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 22
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Grupo Financiero Inbursa, S.A.B. de C.V. for The New York Times Company. Document filed by The New York Times Company.(Brown, Jay)
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Filing 21
MOTION for Thomas S. Leatherbury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13865604. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The New York Times Company. (Attachments: #1 Exhibit 1 - Affidavit in Support, #2 Exhibit 2 - Certificate of Good Standing, #3 Exhibit 3 - Proposed Order)(Leatherbury, Thomas)
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Filing 20
MOTION for Lee Levine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13865200. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The New York Times Company. (Attachments: #1 Affidavit of Lee Levine in Support of Motion, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)(Levine, Lee)
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Filing 19
NOTICE OF APPEARANCE by Jay Ward Brown on behalf of The New York Times Company. (Brown, Jay)
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Filing 18
NOTICE OF APPEARANCE by David A.. Schulz on behalf of The New York Times Company. (Schulz, David)
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Filing 17
NOTICE OF APPEARANCE by Shane B. Vogt on behalf of Sarah Palin. (Vogt, Shane)
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Filing 16
NOTICE OF APPEARANCE by Kenneth G. Turkel on behalf of Sarah Palin. (Turkel, Kenneth)
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Filing 15
SUMMONS RETURNED EXECUTED Summons and Complaint, served. The New York Times Company served on 6/29/2017, answer due 7/20/2017. Service was accepted by Ellen Herb, Executive Assistant. Document filed by Sarah Palin. (Ricardo, Shawn)
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Filing 14
ORDER granting #11 Motion for Kenneth G. Turkel to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 6/30/2017) (mro)
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Filing 13
ORDER FOR PRO HAC VICE granting #12 Motion for Shane B. Vogt to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 6/30/2017) (mro)
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Filing 12
MOTION for Shane B. Vogt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarah Palin. (Attachments: #1 Affidavit S. Vogt, #2 Exhibit 01, #3 Text of Proposed Order)(Ricardo, Shawn)
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Filing 11
MOTION for Kenneth G. Turkel to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarah Palin. (Attachments: #1 Affidavit K. Turkel, #2 Exhibit 01, #3 Text of Proposed Order)(Ricardo, Shawn)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 MOTION for Shane B. Vogt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for Kenneth G. Turkel to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Kenneth G. Turkel to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Shane B. Vogt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Shane B. Vogt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarah Palin. (Attachments: #1 Affidavit S. Vogt, #2 Exhibit 01, #3 Text of Proposed Order)(Ricardo, Shawn) Modified on 6/30/2017 (wb).
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Filing 9
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kenneth G. Turkel to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarah Palin. (Attachments: #1 Affidavit of K. Turkel, #2 Exhibit 01, #3 Text of Proposed Order)(Ricardo, Shawn) Modified on 6/30/2017 (wb).
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Filing 8
NOTICE OF APPEARANCE by Shawn Preston Ricardo on behalf of Sarah Palin. (Ricardo, Shawn)
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Filing 7
NOTICE OF COURT CONFERENCE: Initial Conference set for 7/7/2017 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 6/28/2017) (jwh)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to The New York Times Company. (rch)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 MOTION for Shane Brady Vogt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13835551. Motion and supporting papers to be reviewed by Clerk's Office staff., #4 MOTION for Kenneth George Turkel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13835535. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida; Please put the Title on Order for Pro hac Vice;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch)
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Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (rch)
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Case Designated ECF. (rch)
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Filing 5
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Shane Brady Vogt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13835551. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarah Palin. (Attachments: #1 Affidavit S. Vogt, #2 Exhibit 01, #3 Text of Proposed Order)(Ricardo, Shawn) Modified on 6/28/2017 (wb).
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Filing 4
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kenneth George Turkel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13835535. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sarah Palin. (Attachments: #1 Affidavit of K. Turkel, #2 Exhibit 01, #3 Text of Proposed Order)(Ricardo, Shawn) Modified on 6/28/2017 (wb).
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to The New York Times Company, re: #1 Complaint,. Document filed by Sarah Palin. (Ricardo, Shawn)
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Filing 2
CIVIL COVER SHEET filed. (Ricardo, Shawn)
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Filing 1
COMPLAINT against The New York Times Company. (Filing Fee $ 400.00, Receipt Number 0208-13834937)Document filed by Sarah Palin. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07, #8 Exhibit 08, #9 Exhibit 09, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Ricardo, Shawn)
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