Wheeler v. Twenty-First Century Fox, Inc. et al
| Rod Wheeler |
| Fox News Network LLC, Malia Zimmerman, Twenty-First Century Fox, Inc. and Ed Butowsky |
| Wigdor LLP |
| Jeanne Marie Christensen |
| 1:2017cv05807 |
| August 1, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| George B Daniels |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 lb |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2018. A more recent docket listing may be available from PACER.
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| Filing 103 CLERK'S JUDGMENT re: #102 Order on Motion for Sanctions, Order on Motion to Dismiss in favor of Fox News Network LLC, Twenty-First Century Fox, Inc., Ed Butowsky, Malia Zimmerman against Rod Wheeler. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision and Order dated August 2, 2018, Defendants' motions to dismiss are GRANTED. Butowsky's motion for sanctions and request for attorneys' fees and costs are DENIED. Plaintiff's request for attorneys' fees and costs in defending the Rule 11 motion is DENIED. (Signed by Clerk of Court Ruby Krajick on 8/3/2018) (Attachments: #1 Right to Appeal)(km) (Main Document 103 replaced on 10/26/2018) (km). |
| Terminate Transcript Deadlines (km) |
Filing 102
MEMORANDUM DECISION AND ORDER denying #43 Motion for Sanctions; granting #74 Motion to Dismiss; granting #78 Motion to Dismiss: Defendants' motions to dismiss, (ECF Nos. 74, 78), are GRANTED. Butowsky's motion for sanctions and request for attorneys' fees and costs, (ECF Nos. 43), are DENIED. Plaintiffs request for attorneys' fees and costs in defending the Rule 11 motion is DENIED. (Signed by Judge George B. Daniels on 8/2/2018) (jwh)
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| Transmission to Judgments and Orders Clerk. Transmitted re: 102 Order on Motion for Sanctions, Order on Motion to Dismiss to the Judgments and Orders Clerk. (jwh) |
| Transmission to Judgments and Orders Clerk. Transmitted re: #102 Order on Motion for Sanctions, Order on Motion to Dismiss to the Judgments and Orders Clerk. (jwh) |
| Filing 101 LETTER addressed to Judge George B. Daniels from Jeanne M. Christensen dated July 18, 2018 re: Order Defendant Butowsky to Cease and Desist from contacting Wigdor LLP. Document filed by Jeanne Marie Christensen. (Attachments: #1 Exhibit Email from Defendant Butowsky, #2 Exhibit Second email from Defendant Butowsky)(Christensen, Jeanne-Marie) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jeanne-Marie Bates Christensen to RE-FILE Document 100 LETTER MOTION to Compel Defendant Ed Butowsky to Cease and Desist addressed to Judge George B. Daniels from Jeanne M. Christensen dated July 18, 2018. Use the event type Letter found under the event list Other Documents. (ldi) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jeanne-Marie Bates Christensen to RE-FILE Document #100 LETTER MOTION to Compel Defendant Ed Butowsky to Cease and Desist addressed to Judge George B. Daniels from Jeanne M. Christensen dated July 18, 2018. Use the event type Letter found under the event list Other Documents. (ldi) |
| Filing 100 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel Defendant Ed Butowsky to Cease and Desist addressed to Judge George B. Daniels from Jeanne M. Christensen dated July 18, 2018. Document filed by Jeanne Marie Christensen. (Attachments: #1 Exhibit Email to Michael Willemin, #2 Exhibit Second email to Michael Willemin)(Christensen, Jeanne-Marie) Modified on 7/30/2018 (ldi). |
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Filing 99
ORDER re: #97 Letter, filed by Wigdor LLP: On June 27, 2018, this Court received a letter from former counsel of record for Plaintiff Rod Wheeler stating that Defendant Ed Butowsky left two voicemails for Attorney Douglas H. Wigdor of the Wigdor LLP law firm. (See ECF No. 97.) Mr. Butowsky should follow the advice of his counsel and not attempt to contact any of Mr. Wheeler's former attorneys or the law firm of Wigdor LLP. (Signed by Judge George B. Daniels on 7/12/2018) (jwh)
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| Filing 98 LETTER addressed to Judge George B. Daniels from David B. Harrison dated June 28, 2018 re: Response to Docket Entry 97. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity).(Harrison, David) |
| Filing 97 LETTER addressed to Judge George B. Daniels from Jeanne M. Christensen dated June 27, 2018 re: Request to Order Defendant Butowsky to Cease and Desist Contacting Wigdor LLP. Document filed by Wigdor LLP. (Attachments: #1 Exhibit A (Voicemails))(Christensen, Jeanne-Marie) |
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Filing 96
ORDER granting #93 Motion to Withdraw. Wigdor LLP's motion to withdraw as counsel of record for Plaintiff, (ECF No. 93), is GRANTED. SO ORDERED. (Signed by Judge George B. Daniels on 5/30/2018) *** Attorney Douglas Holden Wigdor; Michael John Willemin; Jeanne-Marie Bates Christensen and Kenneth Daniel Walsh terminated. (anc) Modified on 5/30/2018 (anc).
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| Filing 95 DECLARATION of Michael J. Willemin in Support re: #93 MOTION to Withdraw as Counsel of Record.. Document filed by Rod Wheeler. (Willemin, Michael) |
| Filing 94 MEMORANDUM OF LAW in Support re: #93 MOTION to Withdraw as Counsel of Record. . Document filed by Rod Wheeler. (Willemin, Michael) |
| Filing 93 MOTION to Withdraw as Counsel of Record. Document filed by Rod Wheeler.(Willemin, Michael) |
| Filing 92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 2/28/18 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) |
| Filing 91 TRANSCRIPT of Proceedings re: conference held on 2/28/2018 before Judge George B. Daniels. Court Reporter/Transcriber: Thomas Murray, (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 5/14/2018. Redacted Transcript Deadline set for 5/24/2018. Release of Transcript Restriction set for 7/23/2018.(McGuirk, Kelly) |
| Filing 90 NOTICE OF CHANGE OF ADDRESS by Joseph M. Terry on behalf of Fox News Network LLC, Twenty-First Century Fox, Inc.. New Address: Williams & Connolly LLP, 650 5th Avenue, Suite 1500, New York, New York, United States 10019, 2024345320. (Terry, Joseph) |
| Filing 89 NOTICE OF CHANGE OF ADDRESS by David H. Stern on behalf of Malia Zimmerman(in her professional capacity). New Address: Dechert LLP, 633 W 5th Street, Suite 4900, Los Angeles, California, USA 90071, 213-808-5700. (Stern, David) |
| Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 2/28/2018 re: 38 FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16 et seq.FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). filed by Malia Zimmerman, Fox News Network LLC, Twenty-First Century Fox, Inc., 74 FIRST MOTION to Dismiss Amended Complaint. filed by Malia Zimmerman, Fox News Network LLC, Twenty-First Century Fox, Inc., 43 MOTION for Sanctions Against Plaintiff and his Counsel Pursuant to Federal Rule of Civil Procedure 11. filed by Ed Butowsky, 78 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Ed Butowsky, 34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 12(b)(2). filed by Ed Butowsky. Plaintiff Counsel: Jeanne-Marie Bates Christensen, Michael John Willemin, Kenneth Daniel Walsh, Douglas Holden WigdorDefense Counsel: Joseph M. Terry (Twenty-First, Inc.)Kevin Taylor Baine (Fox News Network LLC)Katherine Anne Petti (Ed Butowsky)Katherine Meeks (Malia Zimmerman) and Court Reporter present. (Vega, Elizabeth) |
| Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 2/28/2018 re: #38 FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16 et seq.FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). filed by Malia Zimmerman, Fox News Network LLC, Twenty-First Century Fox, Inc., #74 FIRST MOTION to Dismiss Amended Complaint. filed by Malia Zimmerman, Fox News Network LLC, Twenty-First Century Fox, Inc., #43 MOTION for Sanctions Against Plaintiff and his Counsel Pursuant to Federal Rule of Civil Procedure 11. filed by Ed Butowsky, #78 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Ed Butowsky, #34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 12(b)(2). filed by Ed Butowsky. Plaintiff Counsel: Jeanne-Marie Bates Christensen, Michael John Willemin, Kenneth Daniel Walsh, Douglas Holden WigdorDefense Counsel: Joseph M. Terry (Twenty-First, Inc.)Kevin Taylor Baine (Fox News Network LLC)Katherine Anne Petti (Ed Butowsky)Katherine Meeks (Malia Zimmerman) and Court Reporter present. (Vega, Elizabeth) |
| Filing 88 NOTICE OF CHANGE OF ADDRESS by Kenneth Daniel Walsh on behalf of Rod Wheeler. New Address: Wigdor LLP, 85 Fifth Avenue, Fifth Floor, New York, NY, United States 10003, 212-257-6800. (Walsh, Kenneth) |
| Filing 87 REPLY MEMORANDUM OF LAW in Support re: #78 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (Harrison, David) |
| Filing 86 REPLY MEMORANDUM OF LAW in Support re: #74 FIRST MOTION to Dismiss Amended Complaint. . Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity). (Baine, Kevin) |
| Filing 85 MEMORANDUM OF LAW in Opposition re: #78 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Rod Wheeler. (Christensen, Jeanne-Marie) |
| Filing 84 MEMORANDUM OF LAW in Opposition re: #74 FIRST MOTION to Dismiss Amended Complaint. . Document filed by Rod Wheeler. (Christensen, Jeanne-Marie) |
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Filing 83
ORDER re: #81 Letter: Plaintiff's request for an extension of time to oppose Defendants' motions to dismiss Plaintiff's Amended Complaint is GRANTED. Plaintiff's oppositions to both motions are due January 9, 2018. Any replies are due on January 26, 2018. (Set Deadlines/Hearing as to #74 FIRST MOTION to Dismiss Amended Complaint, #78 MOTION to Dismiss Plaintiff's Amended Complaint: Responses due by 1/9/2018, Replies due by 1/26/2018.) (Signed by Judge George B. Daniels on 12/8/2017) (jwh) Modified on 12/15/2017 (jwh).
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Filing 82
ORDER granting #41 Letter Motion for Oral Argument; granting #77 Letter Motion for Oral Argument: Oral argument on all outstanding motions is scheduled for February 28, 2018 at 10:30 a.m. The Clerk of Court is directed to close the letter motions at ECF Nos. 41 and 77. (Signed by Judge George B. Daniels on 12/7/2017) (jwh)
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| Filing 81 LETTER addressed to Judge George B. Daniels from Jeanne M. Christensen dated December 7, 2017 re: Request for Extension of Deadline to Oppose Defendants' Motions to Dismiss Amended Complaint. Document filed by Rod Wheeler. (Attachments: #1 Exhibit A - December 7, 2017 Email Chain)(Christensen, Jeanne-Marie) |
| Filing 80 DECLARATION of David B. Harrison in Support re: #78 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (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)(Harrison, David) |
| Filing 79 MEMORANDUM OF LAW in Support re: #78 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (Harrison, David) |
| Filing 78 MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity).(Harrison, David) |
| Filing 77 LETTER MOTION for Oral Argument addressed to Judge George B. Daniels from Kevin T. Baine dated December 1, 2017. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity).(Baine, Kevin) |
| Filing 76 DECLARATION of Joseph M. Terry in Support re: #74 FIRST MOTION to Dismiss Amended Complaint.. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity). (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)(Baine, Kevin) |
| Filing 75 MEMORANDUM OF LAW in Support re: #74 FIRST MOTION to Dismiss Amended Complaint. pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity). (Baine, Kevin) |
| Filing 74 FIRST MOTION to Dismiss Amended Complaint. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity).(Baine, Kevin) |
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Filing 73
ORDER: granting #72 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge George B. Daniels on 11/30/2017) (ama)
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| Filing 72 LETTER MOTION for Leave to File Excess Pages addressed to Judge George B. Daniels from David B. Harrison dated November 28, 2017. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity).(Harrison, David) |
| Filing 71 DECLARATION of David B. Harrison in Support re: #43 MOTION for Sanctions Against Plaintiff and his Counsel Pursuant to Federal Rule of Civil Procedure 11.. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Harrison, David) |
| Filing 70 REPLY MEMORANDUM OF LAW in Support re: #43 MOTION for Sanctions Against Plaintiff and his Counsel Pursuant to Federal Rule of Civil Procedure 11. . Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (Harrison, David) |
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Filing 69
ORDER granting #68 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge George B. Daniels on 11/2/2017) (jwh)
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| Set/Reset Deadlines: Malia Zimmerman(in her professional capacity) answer due 12/1/2017; Malia Zimmerman(in her individual capacity) answer due 12/1/2017. (jwh) |
| Filing 68 LETTER MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Amended Complaint addressed to Judge George B. Daniels from David H. Stern dated November 1, 2017. Document filed by Malia Zimmerman(in her individual capacity).(Stern, David) |
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Filing 67
MEMO ENDORSEMENT on re: #66 Letter, filed by Fox News Network LLC. ENDORSEMENT: SO ORDERED. (Twenty-First Century Fox, Inc., Fox News Network LLC answer due 12/1/2017; Twenty-First Century Fox, Inc. answer due 12/1/2017.) (Signed by Judge George B. Daniels on 11/1/2017) (jwh)
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| Filing 66 LETTER addressed to Judge George B. Daniels from Kevin Baine dated October 31, 2017 re: Request for Extension of Time. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Baine, Kevin) |
| Filing 65 REPLY MEMORANDUM OF LAW in Support re: #38 FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16 et seq.FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). . Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity). (Baine, Kevin) |
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Filing 64
ORDER granting #63 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge George B. Daniels on 10/30/2017) (mro)
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| Set/Reset Deadlines: Ed Butowsky(in his professional capacity) answer due 12/1/2017; Ed Butowsky(in his individual capacity) answer due 12/1/2017. Replies due by 11/6/2017. (mro) |
| Filing 63 LETTER MOTION for Extension of Time to file: (1) Defendant's Reply in further support of his Motion for Rule 11 Sanctions; and (2) Defendant's Response to Plaintiff's Amended Complaint addressed to Judge George B. Daniels from David B. Harrison dated October 25, 2017. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity).(Harrison, David) |
| Filing 62 NOTICE OF APPEARANCE by Kenneth Daniel Walsh on behalf of Rod Wheeler. (Walsh, Kenneth) |
| Filing 61 MEMORANDUM OF LAW in Opposition re: #34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 12(b)(2). . Document filed by Rod Wheeler. (Christensen, Jeanne-Marie) |
| Filing 60 DECLARATION of Jeanne M. Christensen in Opposition re: #38 FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16 et seq.FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).. Document filed by Rod Wheeler. (Attachments: #1 Exhibit 1 - Rich Family Agreement, #2 Exhibit 2 - Contributor Agreement)(Christensen, Jeanne-Marie) |
| Filing 59 MEMORANDUM OF LAW in Opposition re: #38 FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16 et seq.FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). . Document filed by Rod Wheeler. (Christensen, Jeanne-Marie) |
| Filing 58 DECLARATION of Jeanne M. Christensen in Opposition re: #43 MOTION for Sanctions Against Plaintiff and his Counsel Pursuant to Federal Rule of Civil Procedure 11.. Document filed by Rod Wheeler. (Attachments: #1 Exhibit 1 - June 26, 2017 Email, #2 2 - May 16, 2017 Article, #3 3 - August 28, 2017 Letter, #4 4 - September 7, 2017 Letter, #5 5 - October 21, 2017 New York Times Article)(Christensen, Jeanne-Marie) |
| Filing 57 MEMORANDUM OF LAW in Opposition re: #43 MOTION for Sanctions Against Plaintiff and his Counsel Pursuant to Federal Rule of Civil Procedure 11. . Document filed by Rod Wheeler. (Christensen, Jeanne-Marie) |
| Filing 56 AMENDED COMPLAINT amending #1 Complaint, against Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity), Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity) with JURY DEMAND.Document filed by Rod Wheeler. Related document: #1 Complaint,. (Attachments: #1 Exhibit Article, published May 16, 2017)(Christensen, Jeanne-Marie) |
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Filing 55
ORDER denying #51 Letter Motion for Extension of Time to File Response/Reply: DENIED. (Signed by Judge George B. Daniels on 10/12/2017) (jwh)
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| Filing 54 LETTER addressed to Judge George B. Daniels from Jeanne M. Christensen dated October 12, 2017 re: Defendant Ed Butowsky's October 11, 2017 Letter (Dkt. No. 52). Document filed by Rod Wheeler. (Attachments: #1 Exhibit A - September 7, 2017 Letter)(Christensen, Jeanne-Marie) |
| Filing 53 NOTICE OF APPEARANCE by Jeffrey Alan Shooman on behalf of Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (Shooman, Jeffrey) |
| Filing 52 LETTER addressed to Judge George B. Daniels from Davis Harrison dated October 11, 2017 re: Plaintiff's Request for Extensions of Time to File Oppositions. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity).(Harrison, David) |
| Filing 51 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge George B. Daniels from Jeanne M. Christensen dated October 11, 2017. Document filed by Rod Wheeler.(Christensen, Jeanne-Marie) |
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Filing 50
ORDER granting #48 Letter Motion for Extension of Time. So Ordered. (Amended Pleadings due by 10/23/2017.) (Signed by Judge George B. Daniels on 9/27/17) (yv)
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| Filing 49 NOTICE OF APPEARANCE by Daniel Haym Weiner on behalf of Malia Zimmerman(in her professional capacity). (Weiner, Daniel) |
| Set/Reset Deadlines: Responses due by 10/23/2017 (yv) |
| Filing 48 LETTER MOTION for Extension of Time to Oppose Motions and File Amended Complaint addressed to Judge George B. Daniels from Jeanne M. Christensen dated September 26, 2017. Document filed by Rod Wheeler.(Christensen, Jeanne-Marie) |
| Filing 47 NOTICE OF CHANGE OF ADDRESS by Carolyn Beth Rendell on behalf of Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). New Address: Spiro Harrison, 830 MORRIS TURNPIKE, 2ND FLOOR, Short Hills, NJ, United States 07078, 9732320881. (Rendell, Carolyn) |
| Filing 46 NOTICE OF CHANGE OF ADDRESS by Jason Charles Spiro on behalf of Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). New Address: Spiro Harrison, 830 MORRIS TURNPIKE, 2ND FLOOR, SHORT HILLS, New Jersey, United States 07078, 9732198642. (Spiro, Jason) |
| Filing 45 DECLARATION of David B. Harrison in Support re: #43 MOTION for Sanctions Against Plaintiff and his Counsel Pursuant to Federal Rule of Civil Procedure 11.. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (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)(Harrison, David) |
| Filing 44 MEMORANDUM OF LAW in Support re: #43 MOTION for Sanctions Against Plaintiff and his Counsel Pursuant to Federal Rule of Civil Procedure 11. . Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (Harrison, David) |
| Filing 43 MOTION for Sanctions Against Plaintiff and his Counsel Pursuant to Federal Rule of Civil Procedure 11. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity).(Harrison, David) |
| Filing 42 NOTICE OF APPEARANCE by Dane Hal Butswinkas on behalf of Fox News Network LLC, Twenty-First Century Fox, Inc.. (Butswinkas, Dane) |
| Filing 41 LETTER MOTION for Oral Argument addressed to Judge George B. Daniels from Kevin T. Baine dated September 18, 2017. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity).(Baine, Kevin) |
| Filing 40 DECLARATION of Joseph M. Terry in Support re: #38 FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16 et seq.FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity). (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11)(Baine, Kevin) |
| Filing 39 MEMORANDUM OF LAW in Support re: #38 FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16 et seq.FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). . Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity). (Baine, Kevin) |
| Filing 38 FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16 et seq., FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity).(Baine, Kevin) |
| Filing 37 DECLARATION of Ed Butowsky in Support re: #34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 12(b)(2).. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (Harrison, David) |
| Filing 36 DECLARATION of David B. Harrison in Support re: #34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 12(b)(2).. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (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)(Harrison, David) |
| Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 12(b)(2). . Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (Harrison, David) |
| Filing 34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 12(b)(2). Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity).(Harrison, David) |
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Filing 33
ORDER granting #30 Motion for Joseph M. Terry to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/13/2017) (jwh)
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| Filing 32 NOTICE OF APPEARANCE by Carolyn Beth Rendell on behalf of Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (Rendell, Carolyn) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 31 MOTION for William Jefferson Vigen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14112321. 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 Virginia;. 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) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for William Jefferson Vigen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14112321. 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 Virginia;. 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) |
| Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for William Jefferson Vigen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14112321. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Vigen, William) Modified on 9/12/2017 (wb). |
| Filing 30 MOTION for Joseph Marshall Terry, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14110914. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Terry, Joseph) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Joseph Marshall Terry, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14110914. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 30 MOTION for Joseph Marshall Terry, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14110914. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 29 NOTICE OF APPEARANCE by Jason Charles Spiro on behalf of Ed Butowsky(in his professional capacity). (Spiro, Jason) |
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Filing 28
ORDER FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT granting #25 Letter Motion for Extension of Time: This Court having reviewed Defendant Ed Butowsky's Request for an Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint hereby Grants the Request and Orders Defendant Butowsky to answer or otherwise respond to Plaintiffs Complaint on or before September 18, 2017. (Signed by Judge George B. Daniels on 9/6/2017) (jwh)
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Filing 27
ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for Carolin Sahimi to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/6/2017) (jwh)
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Filing 26
ORDER FOR ADMISSION PRO HAC VICE granting #21 Motion for David H. Stern to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/6/2017) (rjm)
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| Set/Reset Deadlines: Ed Butowsky(in his professional capacity) answer due 9/18/2017; Ed Butowsky(in his individual capacity) answer due 9/18/2017. (jwh) |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST LETTER MOTION for Extension of Time to answer or otherwise respond addressed to Judge George B. Daniels from David B. Harrison dated September 5, 2017. Document filed by Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity).(Harrison, David) Modified on 11/14/2017 (ldi). |
| Filing 24 NOTICE OF APPEARANCE by David Butler Harrison on behalf of Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (Harrison, David) |
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Filing 23
ORDER granting #18 Motion for Katherine A. Petti to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/5/2017) (jwh)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 FIRST MOTION for David H. Stern to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #22 FIRST MOTION for Carolin Sahimi 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. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 FIRST MOTION for David H. Stern to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., 22 FIRST MOTION for Carolin Sahimi 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. (bcu) |
| Filing 22 FIRST MOTION for Carolin Sahimi to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Malia Zimmerman(in her professional capacity). (Attachments: #1 Affidavit of Carolin Sahimi in Support of Motion for Admission Pro Hac Vice, #2 Exhibit CA Supreme Court Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice)(Sahimi, Carolin) |
| Filing 21 FIRST MOTION for David H. Stern to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Malia Zimmerman(in her professional capacity). (Attachments: #1 Affidavit of David H. Stern in Support of Motion for Admission Pro Hac Vice, #2 Exhibit CA Supreme Court Certificate of Good Standing, #3 Exhibit DC Certificate of Good Standing, #4 Text of Proposed Order for Admission Pro Hac Vice)(Stern, David) |
| Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Carolin Sahimi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14083664. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Malia Zimmerman(in her professional capacity). (Attachments: #1 Affidavit of CarolinSahimi in Support of Motion for Admission Pro Hac Vice, #2 Exhibit CA Certificate of Standing, #3 Text of Proposed Order for Admission Pro Hac Vice)(Sahimi, Carolin) Modified on 9/1/2017 (jc). |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for David H. Stern to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14083490. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Malia Zimmerman(in her professional capacity). (Attachments: #1 Affidavit of David H. Stern in Support of Motion for Admission Pro Hac Vice, #2 Exhibit The State Bar of California Certificate of Standing, #3 Exhibit DC Certificate of Good Standing, #4 Text of Proposed Order for Admission Pro Hac Vice)(Stern, David) Modified on 9/1/2017 (jc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 FIRST MOTION for David H. Stern to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14083490. Motion and supporting papers to be reviewed by Clerk's Office staff., #20 FIRST MOTION for Carolin Sahimi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14083664. 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 California (our court does not accept state bar certificates). 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 Attorney Affidavit - attach Proposed Order. (jc) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 19 FIRST MOTION for David H. Stern to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14083490. Motion and supporting papers to be reviewed by Clerk's Office staff., 20 FIRST MOTION for Carolin Sahimi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14083664. 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 California (our court does not accept state bar certificates). 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 Attorney Affidavit - attach Proposed Order. (jc) |
| Filing 18 FIRST MOTION for Katherine Anne Petti to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14072609. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Attachments: #1 Affidavit Affidavit, #2 Exhibit GA Supreme Court Certificate of Good Standing, #3 Exhibit DC Certificate of Good Standing, #4 Text of Proposed Order Text of Proposed Order)(Petti, Katherine) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 FIRST MOTION for Katherine Anne Petti to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14072609. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 FIRST MOTION for Katherine Anne Petti to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14072609. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fox Television Stations, Inc., Corporate Parent Twenty-First Century Fox, Inc. for Fox News Network LLC. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc..(Baine, Kevin) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kevin Taylor Baine to RE-FILE Document #14 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kevin Taylor Baine to RE-FILE Document 14 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
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Filing 16
ORDER ON REQUEST FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT: on re: #15 Letter, filed by Fox News Network LLC, Twenty-First Century Fox, Inc. This Court, having reviewed Twenty-First Century Fox, Inc. and Fox News Network, LLC's ("Fox Defendants") Request for Extension of Time to Answer or Otherwise Respond to Plaintiffs Complaint, hereby GRANTS the request and ORDERS that the Fox Defendants shall answer or otherwise respond to Plaintiff's complaint on or before September 18, 2017. Fox News Network LLC answer due 9/18/2017; Twenty-First Century Fox, Inc. answer due 9/18/2017. (Signed by Judge George B. Daniels on 8/15/2017) (ap)
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| Filing 15 LETTER addressed to Judge George B. Daniels from Kevin T. Baine dated August 14, 2017 re: Request for Extension of Time. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Attachments: #1 Text of Proposed Order)(Baine, Kevin) |
| Filing 14 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc..(Baine, Kevin) Modified on 8/24/2017 (lb). |
| Filing 13 NOTICE OF APPEARANCE by Kevin Taylor Baine on behalf of Fox News Network LLC, Twenty-First Century Fox, Inc.. (Baine, Kevin) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Fox News Network LLC served on 8/7/2017, answer due 8/28/2017. Service was accepted by N. Dougherty. Document filed by Rod Wheeler. (Wigdor, Douglas) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,. Twenty-First Century Fox, Inc. served on 8/7/2017, answer due 8/28/2017. Service was accepted by N. Dougherty. Document filed by Rod Wheeler. (Wigdor, Douglas) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Fox News Network LLC, Twenty-First Century Fox, Inc.. (pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity). (pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity). (pc) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Douglas Holden Wigdor. The following case opening statistical information was erroneously selected/entered: County code XX Out of State. The following correction(s) have been made to your case entry: the County code has been modified to New York. (pc) |
| Set/Reset Deadlines: Motions due by 9/1/2017. (mro) |
| Filing 7 NOTICE OF APPEARANCE by Michael John Willemin on behalf of Rod Wheeler. (Willemin, Michael) |
| Filing 6 NOTICE OF APPEARANCE by Jeanne-Marie Bates Christensen on behalf of Rod Wheeler. (Christensen, Jeanne-Marie) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Ed Butowsky, re: #1 Complaint,. Document filed by Rod Wheeler. (Wigdor, Douglas) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Malia Zimmerman, re: #1 Complaint,. Document filed by Rod Wheeler. (Wigdor, Douglas) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Twenty-First Century Fox, Inc. and Fox News Network LLC, re: #1 Complaint,. Document filed by Rod Wheeler. (Wigdor, Douglas) |
| Filing 2 CIVIL COVER SHEET filed. (Wigdor, Douglas) |
| Filing 1 COMPLAINT against Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity), Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity). (Filing Fee $ 400.00, Receipt Number 0208-13963549)Document filed by Rod Wheeler.(Wigdor, Douglas) |
| Filing 1 COMPLAINT against Ed Butowsky(in his professional capacity), Ed Butowsky(in his individual capacity), Fox News Network LLC, Twenty-First Century Fox, Inc., Malia Zimmerman(in her professional capacity), Malia Zimmerman(in her individual capacity). (Filing Fee $ 400.00, Receipt Number 0208-13963549)Document filed by Rod Wheeler.(Wigdor, Douglas) |
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