Rich et al v. Fox News Network LLC et al
| Mary Rich and Joel Rich |
| Malia Zimmerman, Fox News Network LLC and Ed Butowsky |
| Chapwood Capital Investment Management LLC |
| 1:2018cv02223 |
| March 13, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| George B Daniels |
| Sarah Netburn |
| P.I.: Other |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2020. A more recent docket listing may be available from PACER.
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Filing 218
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Ed Butowsky(in his professional capacities), Fox News Network LLC, Malia Zimmerman(in her professional capacities) pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mary Rich, Joel Rich. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Barron, Elisha)
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Terminate Transcript Deadlines (km)
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Filing 217
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mary Rich, Joel Rich. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Barron, Elisha) Modified on 11/24/2020 (km).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Elisha Barron. RE-FILE Document No. #217 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 11/10/2020. (ras)
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Filing 216
MEMO ENDORSEMENT on re: #215 Notice (Other) filed by Fox News Network LLC. ENDORSEMENT: So Ordered. Attorney Katherine Anne Petti terminated. (Signed by Magistrate Judge Sarah Netburn on 11/4/2020) (js)
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Filing 215
NOTICE of Withdrawal of Counsel. Document filed by Fox News Network LLC..(Petti, Katherine)
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Filing 214
STIPULATION TO EXTEND PLAINTIFFS' DEADLINE TO RESPOND TO DEFENDANT EDWARD BUTOWSKY'S OBJECTIONS TO REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE SARAH NETBURN ON PERSONAL JURISDICTION OVER EDWARD BUTOWSKY (DKT. 212): Pursuant to the parties' stipulation, IT IS SO ORDERED. Plaintiffs Joel and Mary Rich's time to respond to Defendant Butowsky's Objections to the Report and Recommendations of Magistrate Judge Sarah Netburn on Personal Jurisdiction is extended from October 13, 2020 to November 15, 2020. (Signed by Judge George B. Daniels on 10/13/2020) (jca)
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Filing 213
PROPOSED STIPULATION AND ORDER. Document filed by Joel Rich, Mary Rich..(Barron, Elisha)
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Filing 212
OBJECTION to #203 Report and Recommendations re Motion to Dismiss Amended Complaint Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity)..(Quainton, Eden)
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Filing 211
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity)..(Quainton, Eden)
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Filing 210
NOTICE of Change of Firm. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity)..(Quainton, Eden)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Eden P. Quainton to RE-FILE Document #209 MOTION to Set Aside #203 Report and Recommendations,, .. Use the event type Objection to Report and Recommendations found under the event list Other Answers. (lb)
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Filing 209
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Set Aside #203 Report and Recommendations,, . Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity)..(Quainton, Eden) Modified on 10/5/2020 (lb).
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Filing 208
MEMORANDUM DECISION AND ORDER: re: #102 MOTION to Dismiss Amended Complaint filed by Fox News Network LLC. Fox Defendants' motion to dismiss Plaintiffs' claims for conspiracy and aiding and abetting IIED, (ECF No. 102), is GRANTED. The Clerk of Court is directed to close the motion accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 9/25/2020) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing 207
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/11/20 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 206
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/11/2020 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Rebecca Forman, (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 10/13/2020. Redacted Transcript Deadline set for 10/23/2020. Release of Transcript Restriction set for 12/21/2020..(McGuirk, Kelly)
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Filing 205
NOTICE of Protocol for Remote and In-Person Depositions During the Covid-19 Pandemic. Document filed by Joel Rich, Mary Rich..(Barron, Elisha)
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Filing 204
NOTICE OF CHANGE OF ADDRESS by Eli Johnson Kay-Oliphant on behalf of Joel Rich, Mary Rich. New Address: Sparacino PLLC, 225 W. Washington Street, Suite 2200, Chicago, Illinois, USA 60606, 2026293530..(Kay-Oliphant, Eli)
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Filing 203
REPORT AND RECOMMENDATIONS re: #102 MOTION to Dismiss Amended Complaint. filed by Fox News Network LLC. I find that jurisdiction over Butowsky is proper under New York's long-arm statute 302(a)(1) and the exercise of jurisdiction comports with the Due Process Clause. Plaintiffs having met their burden, the motion to dismiss for lack of personal jurisdiction should be denied. So Ordered. Objections to R&R due by 9/29/2020 (Signed by Magistrate Judge Sarah Netburn on 9/15/2020) (js) Modified on 9/15/2020 (js).
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Filing 202
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated July 10, 2020 re: Plaintiffs' Letter Regarding Defendant Butowsky's Motion to Dismiss. Document filed by All Defendants. (Attachments: #1 Exhibit A-Filed Under Seal)Motion or Order to File Under Seal: #198 .(Barron, Elisha)
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Filing 201
NOTICE of Plaintiffs' July 10, 2020 Letter (Redacted). Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit A-Filed Under Seal, #2 Exhibit B, #3 Exhibit C).(Barron, Elisha)
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Filing 200
NOTICE of Plaintiffs July 29, 2020 Letter re Jurisdiction (Redacted) re: #164 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Eden P. Quainton dated 07/22/2020.. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Barron, Elisha)
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Filing 199
ORDER granting #196 Motion for Lindsey Godfrey Eccles to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 198
ORDER: The Court grants in part Fox News Network LLC's request to file Plaintiffs' July 29, 2020 Letter and exhibits under seal. The Court approves the redactions to portions of Plaintiffs' letter as proposed except as to the portion of Plaintiffs' letter on page three describing the contents of Exhibit D. Exhibit B shall be filed with the proposed redaction. The remainder of the exhibits, including Exhibit D, shall be filed publicly without redactions. It also appears the parties have not filed a version of Plaintiffs' July 10, 2020 Letter that complies with the Court's September 9, 2020 Order approving defendant Fox News's proposed redactions to the letter and sealed filing of Exhibit A. Plaintiffs are directed to file the July 10, 2020 Letter with the approved redactions and Exhibit A under seal, or inform the Court of their basis for declining to do so, by September 15, 2020. (Signed by Magistrate Judge Sarah Netburn on 9/14/2020) (jwh)
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Filing 197
ORDER: For reasons stated on the record at the Friday, September 11, 2020 discovery conference, the Court modifies the interim discovery deadlines endorsed as set forth by the parties August 7, 2020 Letter, solely to allow all fact discovery to be completed by December 31, 2020. All other deadlines as set forth by that Letter remain in effect. The parties are directed to file a joint letter by November 6, 2020, updating the Court as to the status of discovery and outlining any outstanding disputes. (Signed by Magistrate Judge Sarah Netburn on 9/14/2020) (ras)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #196 MOTION for Lindsey Godfrey Eccles to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21615620. 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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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 9/11/2020. (ras)
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Filing 196
MOTION for Lindsey Godfrey Eccles to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21615620. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Eccles, Lindsey)
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Filing 195
LETTER addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated September 10, 2020 re: Response to Defendants' September 10, 2020 Letter [dkt. 194]. Document filed by Joel Rich, Mary Rich..(Barron, Elisha)
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Filing 194
LETTER addressed to Magistrate Judge Sarah Netburn from Katherine A. Petti dated September 10, 2020 re: September 11, 2020 Hearing. Document filed by Fox News Network LLC..(Petti, Katherine)
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Filing 192
LETTER addressed to Magistrate Judge Sarah Netburn from Katherine Moran Meeks dated August 12, 2020 re: Application to Seal or Redact. Document filed by Fox News Network LLC..(Meeks, Katherine)
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Filing 191
ORDER: First, the Court GRANTS the application by defendant Fox News Network LLC ("Fox News") to file several letters and exhibits with redactions and to maintain certain exhibits under seal. Accordingly, the parties are ordered to immediately file the letters and respective exhibits covered by that application under seal and or with redactions as proposed. Fox News is also directed to file a copy of its letter application on the public docket immediately. As further set forth herein. Plaintiffs have not filed the July 29, 2020 letter and its exhibits on the public docket and are ordered to do so immediately. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 9/9/2020) (ks)
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Filing 190
TELEPHONE CONFERENCE ORDER: The Court approves the interim discovery deadlines set forth by the parties' August 7, 2020 Letter as to all parties except defendant Ed Butowsky. A conference to discuss the status of discovery as to Butowsky, including interim discovery deadlines as well as the issues raised by Plaintiffs September 1, 2020 Letter, is scheduled for Friday, September 11, 2020, at 11:30 a.m. At that time, the parties shall call (877) 402-9757 and enter access code 7938632 #. SO ORDERED. (Telephone Conference set for 9/11/2020 at 11:30 AM before Magistrate Judge Sarah Netburn) (Signed by Magistrate Judge Sarah Netburn on 9/3/2020) (jca) Modified on 9/4/2020 (jca).
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Filing 189
LETTER addressed to Magistrate Judge Sarah Netburn from Eli J. Kay-Oliphant dated September 1, 2020 re: Defendant Butowsky's document discovery. Document filed by Joel Rich, Mary Rich..(Kay-Oliphant, Eli)
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LETTERS ROGATORY ISSUED on August 27, 2020, to Williams & Connolly LLP, to be served on Julian Assange, in the United Kingdom, to appear for testimony. Letters mailed to Joseph M. Terry at 725 Twelfth Street, N.W., Washington, D.C. 20005.(km)
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Filing 188
LETTER addressed to Magistrate Judge Sarah Netburn from Katherine Moran Meeks dated 08/21/2020 re: Newsgathering Privilege. Document filed by Fox News Network LLC..(Meeks, Katherine)
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Filing 187
LETTER addressed to Magistrate Judge Sarah Netburn from Eli J. Kay-Oliphant dated August 21, 2020 re: Plaintiffs Letter Regarding Butowsky and Wheeler Documents (Redacted). Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit A-Filed Under Seal, #2 Exhibit B, #3 Exhibit C-Filed Under Seal).(Kay-Oliphant, Eli)
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Filing 186
LETTER MOTION to Seal and Withdraw Document No. 183 addressed to Magistrate Judge Sarah Netburn from Arun Subramanian dated August 13, 2020. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Redacted Version of Dkt. 183 Plaintiff's Letter dated July 20, 2020, #2 Exhibit E, #3 Exhibit H, #4 Exhibit K).(Subramanian, Arun)
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Filing 185
LETTER addressed to Magistrate Judge Sarah Netburn from Katherine Moran Meeks dated July 23, 2020 re: Reply to Plaintiffs' Letter at Dkt. 167. Document filed by Fox News Network LLC. (Attachments: #1 Exhibit A).(Meeks, Katherine)
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Filing 184
LETTER addressed to Magistrate Judge Sarah Netburn from Joseph Terry dated May 11, 2020 re: Plaintiffs' Letter of May 6, 2020. Document filed by Fox News Network LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Terry, Joseph)
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Filing 182
LETTER addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated May 14, 2020 re: Personal Jurisdiction. Document filed by Joel Rich, Mary Rich..(Franklin, Beatrice)
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Filing 181
LETTER addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated May 6, 2020 re: Personal Jurisdiction. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Franklin, Beatrice)
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Filing 180
LETTER addressed to Magistrate Judge Sarah Netburn from Beatrice Franklin dated August 12, 2020 re: the Court's July 29, 2020 Order. Document filed by Joel Rich, Mary Rich..(Franklin, Beatrice)
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Filing 179
REPLY to Response to Motion re: #51 FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). Further Reply to Plaintiffs' Supplemental Response to Motion to Dismiss. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity)..(Quainton, Eden)
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Filing 178
NOTICE of of Material Medical Development. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Attachments: #1 Exhibit Letter re Medical Condition).(Quainton, Eden)
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Filing 177
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 8/4/2020 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.(rro)
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Filing 176
TRANSCRIPT of Proceedings re: Telephone Conference held on 8/4/2020 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 8/28/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/5/2020.(rro)
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Filing 175
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Arun Subramanian dated August 7, 2020 re: Interim Discovery Deadlines. Document filed by Joel Rich, Mary Rich..(Subramanian, Arun)
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Filing 174
LETTER addressed to Magistrate Judge Sarah Netburn from Arun Subramanian dated August 6, 2020 re: Response to Court's Memo Endorsement #173 on Request for International Judicial Assistance. Document filed by Joel Rich, Mary Rich..(Subramanian, Arun)
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Filing 173
MEMO ENDORSEMENT on REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS. ENDORSEMENT: So Ordered (Signed by Magistrate Judge Sarah Netburn on 8/5/2020) (js) Transmission to Orders and Judgments Clerk for processing.
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Filing 172
ORDER granting #163 Letter Motion for Discovery. Order to follow. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 171
ORDER granting in part and denying in part #166 Letter Motion for Extension of Time to Complete Discovery. See ECF No. 170. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 170
ORDER granting #164 Letter Motion for Extension of Time to Complete Discovery. All discovery will close on December 31, 2020. The parties shall file any proposed internal deadlines by Friday, August 7, 2020. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 8/4/2020. (ras)
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Filing 169
TELEPHONE CONFERENCE ORDER: A conference to discuss the recent letter motions filed by defendant Ed Butowksy and defendant Fox News Network LLC to modify the discovery deadlines in this case (ECF Nos. 164, 166) is scheduled for Tuesday, August 4, 2020, at 4:00 p.m. At that time, the parties shall call (877) 402-9757 and enter access code 7938632 #. (Telephone Conference set for 8/4/2020 at 04:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/31/2020) (js) Modified on 7/31/2020 (js).
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Filing 168
ORDER: By no later than August 12, 2020, the parties must either (1) publicly file on ECF all documents that they have filed under seal related to the motion to dismiss or the motion to compel, including (a) the three letters Plaintiffs submitted to the Court by email on May 6, 2020; May 14, 2020; and July 10, 2020; (b) the letter defendant Fox News Network LLC submitted to the Court by email May 11, 2020; (c) the letter defendant Ed Butowsky submitted to the Court by email July 22, 2020; (d) the exhibits to the June 23, 2020 letter motion Plaintiff filed under seal; (e) the letter and attached exhibits Plaintiffs filed under seal on July 23, 2020; and (f) the letter defendant Fox News Network LLC submitted to the Court by email on July 23, 2020; OR (2) file a narrowly tailored, robustly justified application to file the above particular documents under seal or with redactions consistent with the Court's Individual Rules of Practice in Civil Cases and the law of this Circuit. Each party may file its own letter with respect to option (2) addressing the documents it seeks to keep under seal. Each party's letter may be filed provisionally under seal but may be unsealed upon the Court's resolution of the application. If any party pursues option (2), it may also publicly file on ECF any letters, exhibits, or other documents currently under seal or submitted by email which the party does not seek to keep sealed or redacted as part of its application. (Signed by Magistrate Judge Sarah Netburn on 7/29/2020) (ras)
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Filing 167
NOTICE of July 20, 2020 Response to Fox Letter (Redacted) re: #162 Letter,. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit A-Under Seal, #2 Exhibit B-Under Seal, #3 Exhibit C, #4 Exhibit D-Under Seal, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H-Under Seal, #8 Exhibit I, #9 Exhibit J-Under Seal, #10 Exhibit K-Under Seal, #11 Exhibit L).(Barron, Elisha)
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Filing 166
LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Joseph M. Terry dated 7/22/2020. Document filed by Fox News Network LLC..(Terry, Joseph)
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Filing 165
LETTER addressed to Magistrate Judge Sarah Netburn from Beatrice Franklin dated July 22, 2020 re: Discovery Schedule. Document filed by Joel Rich, Mary Rich..(Franklin, Beatrice)
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Filing 164
LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Eden P. Quainton dated 07/22/2020. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity)..(Quainton, Eden)
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Filing 163
LETTER MOTION for Discovery of Issuance of Letter of Request addressed to Magistrate Judge Sarah Netburn from Joseph M. Terry dated 7/20/2020. Document filed by Fox News Network LLC. (Attachments: #1 Text of Proposed Order Exhibit A: Letter of Request).(Terry, Joseph)
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Filing 162
LETTER addressed to Magistrate Judge Sarah Netburn from Katherine Moran Meeks dated July 15, 2020 re: Fox News Assertion of Newsgathering Privilege. Document filed by Fox News Network LLC. (Attachments: #1 Exhibit Declaration of Malia Zimmerman, #2 Exhibit Declaration of Adam Housley, #3 Exhibit Wheeler Contributor Agreement, #4 Exhibit Wheeler Contributor Agreement).(Meeks, Katherine)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 7/13/2020. (ras)
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Filing 161
ORDER terminating #156 Motion for Protective Order. For the reasons stated on the record at todays telephonic discovery conference, the relevance and proportionality objections raised by defendant Fox News Network, LLC ("Fox News") (ECF No. 149) are overruled. Fox News shall submit a complete privilege log to plaintiffs concerning the documents for custodians Zimmerman, Housely, and Wilson (see ECF No. 149 at 2) withheld on the basis of an asserted news gathering privilege by no later than Wednesday, July 15, 2020. By that date, Fox News Network, LLC shall also file a letter of no more than five pages to the Court briefing the basis for its assertion of the news gathering privilege over the documents for the aforementioned custodians withheld on that basis. Plaintiffs may respond by Monday, July 20, 2020, by letter of no more than five pages. The Court may later request an in camera review of certain documents. In addition, due to defendant Ed Butowsky's withdrawal of the motion for a protective order, the Clerk of Court is respectfully directed to terminate the motion at ECF No. 156. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 7/13/2020) (jca)
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Filing 160
NOTICE of Withdrawal of Motion re: #156 MOTION for Protective Order .. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity)..(Quainton, Eden)
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Filing 159
RESPONSE in Opposition to Motion re: #156 MOTION for Protective Order . . Document filed by Joel Rich, Mary Rich..(Barron, Elisha)
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Filing 158
DISCOVERY CONFERENCE ORDER. A telephonic discovery conference to discuss the issues raised by Plaintiffs' June 12, 2020 Letter and June 23, 2020 Letter Motion (ECF Nos. 149, 152), as well as defendant Fox News Network LLC's June 15, 2020 Letter (ECF No. 150), is scheduled for Monday, July 13, 2020, at 11:00 a.m. At that time, all parties should call (877) 402-9757 and enter access code 7938632 #. If Plaintiffs and defendant Fox News Network LLC, are able to resolve the instant dispute without Court intervention, they should update the Court by filing a joint letter as soon as practicable. Due to the parties' representation they have resolved the issues raised by Plaintiff's May 22, 2020 Letter Motion, the Clerk of Court is respectfully directed to terminate the motion at ECF No. 145. SO ORDERED. Terminating #145 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated May 22, 2020. Document filed by Joel Rich, Mary Rich. (Signed by Magistrate Judge Sarah Netburn on 7/7/2020) (rjm).
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Set/Reset Hearings: Telephone Conference set for 7/13/2020 at 11:00 AM before Magistrate Judge Sarah Netburn. (rjm)
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Filing 157
MEMORANDUM OF LAW in Support re: #156 MOTION for Protective Order . . Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Attachments: #1 Declaration of Edward Butowsky, #2 Declaration of Eden P. Quainton, #3 Exhibit 1 - AT&T Subpoena, #4 Text of Proposed Order).(Quainton, Eden)
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Filing 156
MOTION for Protective Order . Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity)..(Quainton, Eden)
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Filing 155
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated June 30, 2020 re: status update. Document filed by Joel Rich, Mary Rich..(Barron, Elisha)
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Filing 154
NOTICE OF APPEARANCE by Eden P. Quainton on behalf of Chapwood Capital Investment Management LLC..(Quainton, Eden)
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Filing 153
NOTICE OF APPEARANCE by Eden P. Quainton on behalf of Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity)..(Quainton, Eden)
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Filing 152
LETTER MOTION for Discovery Redacted addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated June 23, 2020. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit G, #2 Exhibit H-Filed Under Seal).(Barron, Elisha)
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Filing 151
ORDER denying #105 Letter Motion for Oral Argument; granting #118 Motion to Seal: The request for oral argument by Defendant Fox News Network, LLC and Defendant Malia Zimmerman on their motion to dismiss, (ECF No. 105), is DENIED. Plaintiff's motion to file under seal portions of their opposition to Defendant Fox News Network, LLC's and Defendant Malia Zimmerman's second motion to dismiss and certain exhibits in support thereof, (ECF No. 118), is GRANTED. (Signed by Judge George B. Daniels on 6/18/2020) (jwh)
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Filing 150
LETTER addressed to Magistrate Judge Sarah Netburn from Katherine Moran Meeks dated 06/17/2020 re: Response to Plaintiffs' Pre-Motion Letter of June 12, 2020. Document filed by Fox News Network LLC..(Meeks, Katherine)
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Filing 149
LETTER addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated June 12, 2020 re: Fox's Refusal to Produce Documents. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Barron, Elisha)
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Filing 148
LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated May 28, 2020 re: #145 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated May 22, 2020. . Document filed by Joel Rich, Mary Rich..(Barron, Elisha)
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Filing 147
LETTER addressed to Magistrate Judge Sarah Netburn from Katherine Moran Meeks dated 05/27/2020 re: Discovery Status. Document filed by Fox News Network LLC..(Meeks, Katherine)
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Filing 146
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Joseph M. Terry dated May 26, 2020 re: #145 LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated May 22, 2020. . Document filed by Fox News Network LLC..(Terry, Joseph)
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Filing 145
LETTER MOTION for Discovery addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated May 22, 2020. Document filed by Joel Rich, Mary Rich..(Barron, Elisha)
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Filing 144
NOTICE OF APPEARANCE by Angelica H Nguyen on behalf of Fox News Network LLC..(Nguyen, Angelica)
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Filing 143
AMENDED STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material... So Ordered. (Signed by Magistrate Judge Sarah Netburn on 4/28/2020) (js)
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Filing 142
LETTER addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated April 24, 2020 re: Discovery Status. Document filed by Joel Rich, Mary Rich..(Barron, Elisha)
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Filing 141
PROPOSED PROTECTIVE ORDER. Document filed by Fox News Network LLC. (Attachments: #1 Text of Proposed Order Amended Stipulated Confidentiality Agreement and Protective Order).(Terry, Joseph)
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Filing 140
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/22/2020 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 139
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/22/2020 before Judge George B. Daniels. Court Reporter/Transcriber: Pamela Utter, (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 5/6/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/14/2020..(McGuirk, Kelly)
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Filing 138
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/10/2020 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 137
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/10/2020 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Jennifer Thun, (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 5/1/2020. Redacted Transcript Deadline set for 5/11/2020. Release of Transcript Restriction set for 7/9/2020..(McGuirk, Kelly)
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Filing 136
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Beatrice Franklin dated April 7, 2020 re: ESI Protocal. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit A).(Franklin, Beatrice)
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Filing 135
MEMO ENDORSEMENT on re: #134 Letter filed by Joel Rich, Mary Rich. ENDORSEMENT: The parties' request for an extension of time is GRANTED. The Parties shall jointly file a list of agreed-upon search terms by Tuesday, April 7, 2020. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/3/2020) (rro)
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Filing 134
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Beatrice Franklin dated March 31, 2020 re: ESI Protocal. Document filed by Joel Rich, Mary Rich..(Franklin, Beatrice)
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Filing 133
REPLY MEMORANDUM OF LAW in Support re: #102 MOTION to Dismiss Amended Complaint. . Document filed by Fox News Network LLC..(Terry, Joseph)
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Filing 132
LETTER addressed to Magistrate Judge Sarah Netburn from Katherine Petti dated 02/27/2020 re: ESI disputes. Document filed by Fox News Network LLC..(Meeks, Katherine)
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Filing 131
ORDER granting #125 Motion to Withdraw as Attorney. Attorney Katherine Maeve Wyman terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 130
LETTER addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated February 27, 2020 re: ESI Disputes. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Barron, Elisha)
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Filing 129
NOTICE of Exhibit 2 to Letter re: #126 Notice (Other),. Document filed by Joel Rich, Mary Rich..(Barron, Elisha)
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Filing 128
LETTER addressed to Magistrate Judge Sarah Netburn from Katherine Moran Meeks dated 03/12/2020 re: Public Filing of Ex. 2 to Plaintiffs' Letter Brief (Dkt. No. 126). Document filed by Fox News Network LLC..(Meeks, Katherine)
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Filing 127
ORDER: The Court held a discovery conference on March 10, 2020. For reasons stated on the record at the conference, the Court hereby ORDERS the following: By no later than March 17, 2020, Fox News Network LLC ("Defendant") shall file a letter in support of its request that Exhibit 2, attached to Plaintiffs' letter at ECF No. 126, be filed under seal. To the extent Defendant's letter contains information covered by Defendant's request, Defendant may file a redacted version of the letter on the docket and email an unredacted version of the letter to the Court, copying Plaintiffs. Plaintiff's response to Defendant's letter will be due March 20, 2020. If necessary, Plaintiff shall file a redacted version of its opposition letter on the docket and email an unredacted version of the letter to the Court, copying Defendant. The parties are directed to file a letter jointly updating the Court as to the status of agreements related to ESI discovery protocol by March 31, 2020. If there are outstanding areas of disagreement as to any issues, the parties may file separate letters of no more than 5 pages each by that date. The letters may be filed under seal on the docket if they reference confidential search terms and custodians. The parties are directed to file on the docket the letters submitted by email on February 27, 2020. The parties may file the exhibits under seal if appropriate. (Signed by Magistrate Judge Sarah Netburn on 3/11/2020) (ras)
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Filing 126
NOTICE of Letter Opposing Defendant's Motion to Dismiss re: #111 Letter,. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit 1, #2 Exhibit 2-Filed Under Seal, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Barron, Elisha)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 3/10/2020. (tro)
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Filing 125
MOTION for Katherine M. Wyman to Withdraw as Attorney . Document filed by Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity)..(Isaacs, Christine)
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Filing 124
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #125) - MOTION for Katherine M. Wyman to Withdraw as Attorney . Document filed by Malia Zimmerman(in her individual capacity)..(Isaacs, Christine) Modified on 3/11/2020 (ldi).
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Filing 123
ORDER: There is a discovery conference scheduled for Tuesday, March 10, 2020, at 4:30 p.m. EDT to address issues related to ESI protocol. At that conference, Plaintiffs and Mr. Butowsky should be prepared to discuss whether either party requests permission to file supplemental briefing in connection with Mr. Butowsky's motion to dismiss. In addition, the Court will address the filing under seal of Plaintiff's February 13, 2020 letter (ECF No. 111). Mr. Butowsky is ORDERED to appear at this conference but may do so by telephone. By Monday, March 9, 2020, he must contact the Court to provide a telephone number at which the Court can reach him on March 10, 2020. (Signed by Magistrate Judge Sarah Netburn on 3/6/2020) Copies Emailed By Chambers. (rjm) (Main Document 123 replaced on 3/10/2020) (ras). Modified on 3/10/2020 (ras). Modified on 3/10/2020 (ras).
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Filing 122
PRO SE MEMORANDUM, dated 2/19/20 re: CHANGE OF ADDRESS for Ed Butowsky, New Address: 4965 Preston Park Blvd., Ste. 100, Plano, Texas, 75093. (sc)
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Filing 121
DISCOVERY CONFERENCE ORDER. A discovery conference to discuss the issues related to the ESI protocol raised by the parties' email submissions dated February 27, 2020, is scheduled for Tuesday, March 10, 2020, at 4:30 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. SO ORDERED. (Discovery Hearing set for 3/10/2020 at 04:30 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 2/28/2020) (rjm) Modified on 3/3/2020 (ras).
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Filing 120
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #102 MOTION to Dismiss Amended Complaint. . Document filed by Joel Rich, Mary Rich, Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity), Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)Motion or Order to File Under Seal: #118 .(Kay-Oliphant, Eli)
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Filing 119
DECLARATION of Eli J. Kay-Oliphant in Support re: #118 MOTION to Seal Portions of Plaintiffs' Opposition to Fox News Network, LLC's and Malia Zimmerman's Second Motion to Dismiss and Certain Exhibits in Support Thereof Under Seal.. Document filed by Joel Rich, Mary Rich..(Kay-Oliphant, Eli)
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Filing 118
MOTION to Seal Portions of Plaintiffs' Opposition to Fox News Network, LLC's and Malia Zimmerman's Second Motion to Dismiss and Certain Exhibits in Support Thereof Under Seal. Document filed by Joel Rich, Mary Rich..(Kay-Oliphant, Eli)
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Filing 117
DECLARATION of Eli J. Kay-Oliphant in Opposition re: #102 MOTION to Dismiss Amended Complaint.. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Filed Separately Under Seal, #3 Exhibit 3 - Filed Separately Under Seal, #4 Exhibit 4 -Filed Separately Under Seal, #5 Exhibit 5, #6 Exhibit 6).(Kay-Oliphant, Eli)
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Filing 116
REPLY MEMORANDUM OF LAW in Opposition re: #102 MOTION to Dismiss Amended Complaint. (Redacted for Public Filing. Document filed by Joel Rich, Mary Rich..(Gail, Leonard)
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Filing 115
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/10/2020 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Pamela Utter, (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 3/19/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/27/2020..(McGuirk, Kelly)
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Filing 114
MEMO ENDORSEMENT on re: #113 Letter filed by Joel Rich, Mary Rich. ENDORSEMENT: The parties' request is GRANTED. The parties shall file a joint status letter updating the Court as to the ESI protocol by February 27, 2020. All other deadlines remain. (Signed by Magistrate Judge Sarah Netburn on 2/24/2020) (ras)
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Filing 113
LETTER addressed to Magistrate Judge Sarah Netburn from Elisha Barron dated February 24, 2020 re: Request for Extension for Status of ESI Protocol. Document filed by Joel Rich, Mary Rich..(Barron, Elisha)
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Filing 112
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions: ECF Nos. 51, 109. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge George B. Daniels on 2/18/2020) (rjm)
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Filing 111
LETTER addressed to Judge George B. Daniels from Elisha Barron dated February 13, 2020 re: Opposition to Defendant's Letter Motion to Dismiss. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Barron, Elisha)
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Filing 110
ORDER: By February 24, 2020, the parties shall jointly file a letter updating the Court as to the status of an ESI protocol including agreed upon search terms and custodians. Plaintiff's opposition to defendants Fox New Network LLC and Malia Zimmerman's motion to dismiss is due by February 28, 2020. Defendants' reply is due March 20, 2020. Defendants Fox New Network LLC and Malia Zimmerman shall answer the amended complaint within 15 days of Judge Daniels's decision on the motion to dismiss. The parties may amend the pleadings or join additional parties until May 20, 2020. A joint letter informing the Court about the status of discovery shall be filed with the Court by Friday, April 24, 2020. The letter should address any outstanding discovery disputes. All fact discovery shall be completed by Friday, September 18, 2020. All expert discovery shall be completed by Thursday, December 31, 2020. This deadline is firm. Except for the files to be produced in native format, as discussed below, documents shall be produced as image files (preferably TIFF, and PDF if necessary) accompanied by a Concordance DAT file, with an opticon Log file for image cross-reference, that includes the following metadata fields: (See document.) (Signed by Magistrate Judge Sarah Netburn on 2/12/2020) Copies E-mailed by Chambers. (ras) (Main Document 110 replaced on 2/12/2020) (ras). (Main Document 110 replaced on 2/12/2020) (ras).
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Scheduling Conference held on 2/10/2020. Leonard A. Gail, Elisha Barron, Beatrice Franklin for Plaintiffs. Joseph M. Terry, Katherine Petti, David H. Stern, Nicolle Lipper Jacoby, Christine Isaacs for Defendants. (ras)
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Filing 109
LETTER from Ed Butowsky, re: I am requesting a motion to dismiss on personal jurisdiction grounds be decided. From my understanding, the prior papers and arguments still stand, and for some reason, a decision was never rendered. Document filed by Ed Butowsky(in his professional capacities).(sc)
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Filing 108
ORDER: Due to an unforeseen conflict in the Court's calendar, the Court must reschedule the conference currently set for 11:00 a.m. on Monday, February 10, 2020. The conference is hereby RESCHEDULED to 4:00 p.m. the same day. If any party is unavailable at that time, the parties should jointly call Chambers at (212) 805-0286, as soon as practicable, to determine an alternative date and time. (Scheduling Conference set for 2/10/2020 at 04:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 2/6/2020) (ras)
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Filing 107
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 2/6/2020) (ras)
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Filing 106
PROPOSED PROTECTIVE ORDER. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit Non-Disclosure Agreement) (Barron, Elisha)
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Filing 105
LETTER MOTION for Oral Argument addressed to Judge George B. Daniels from Joseph M. Terry dated January 31, 2020. Document filed by Fox News Network LLC..(Terry, Joseph)
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Filing 104
DECLARATION of Joseph M. Terry in Support re: #102 MOTION to Dismiss Amended Complaint.. Document filed by Fox News Network LLC. (Attachments: #1 Exhibit Fox News May 16, 2017, Online Article, #2 Exhibit Fox News May 16, 2017, Online Article, #3 Exhibit Fox News May 16, 2017, Online Article, #4 Exhibit Exhibit from Wheeler v. Twenty-First Century Fox, Inc., #5 Exhibit Complaint Regarding Pacific Business News, #6 Exhibit Plaintiffs' First Set of Requests for Production of Documents to Fox News Network, LLC, #7 Exhibit Contributor Agreement).(Terry, Joseph)
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Filing 103
MEMORANDUM OF LAW in Support re: #102 MOTION to Dismiss Amended Complaint. . Document filed by Fox News Network LLC..(Terry, Joseph)
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Filing 102
MOTION to Dismiss Amended Complaint. Document filed by Fox News Network LLC..(Terry, Joseph)
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Filing 101
ORDER: On January 22, 2020, the Honorable George B. Daniels referred this matter to my docket for general pretrial matters. A conference to discuss the scheduling issues raised in the parties' January 15, 2020 Letter is scheduled for Monday, February 10, 2020, at 11:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Scheduling Conference set for 2/10/2020 at 11:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/30/2020) (ras)
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Filing 100
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge George B. Daniels on 1/22/2020) (jwh)
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Filing 99
AMENDED COMPLAINT amending #7 Complaint, against Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity), Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity) with JURY DEMAND.Document filed by Joel Rich, Mary Rich. Related document: #7 Complaint,.(Franklin, Beatrice)
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Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 1/22/2020. Plaintiff Counsel: Leonard A. Gail, Elisha Brandis Barron, Beatrice Catherine Franklin, Arun Srinivas Subramanian Defense Counsel: Joseph M. Terry, Stephen Jospeh Fuzesi, Katherine Moran Meeks, Nicolle Lipper Jacoby, David H. Stern, Christine Isaacs and Court Reporter present. (Vega, Elizabeth)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Beatrice Catherine Franklin to RE-FILE Document No. #98 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Select each party listed on the amended complaint caption title including the parties in both their professional and individual capacities. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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Filing 98
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #7 Complaint, against Ed Butowsky(in his professional capacities), Fox News Network LLC, Malia Zimmerman(in her professional capacities) with JURY DEMAND.Document filed by Joel Rich, Mary Rich. Related document: #7 Complaint,.(Franklin, Beatrice) Modified on 1/22/2020 (pc).
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Filing 97
ORDER granting #92 Motion to Amend/Correct #7 Complaint. Plaintiffs' consent motion to file a proposed amended complaint, (ECF No. 92), is GRANTED. The Clerk of Court is directed to close the motion accordingly. SO ORDERED., (Signed by Judge George B. Daniels on 1/17/20) (yv)
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Filing 96
NOTICE OF APPEARANCE by Stephen Joseph Fuzesi on behalf of Fox News Network LLC. (Fuzesi, Stephen)
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Filing 95
PRE-CONFERENCE STATEMENT . Document filed by Fox News Network LLC.(Terry, Joseph)
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Filing 94
DECLARATION of Beatrice C. Franklin in Support re: #92 CONSENT MOTION to Amend/Correct Complaint.. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit 1 - Amended Complaint, #2 Exhibit 2 - Complaint Redline)(Subramanian, Arun)
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Filing 93
MEMORANDUM OF LAW in Support re: #92 CONSENT MOTION to Amend/Correct Complaint. . Document filed by Joel Rich, Mary Rich. (Subramanian, Arun)
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Filing 92
CONSENT MOTION to Amend/Correct Complaint. Document filed by Joel Rich, Mary Rich.(Subramanian, Arun)
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Filing 91
ORDER FOR ADMISSION OF RISHA ASOKAN PRO HAC VICE granting #90 Motion for Risha Asokan to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 12/11/2019) (mro)
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Filing 90
MOTION for Risha Asokan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC. (Attachments: #1 Affidavit, #2 Exhibit FL Supreme Court Certificate of Good Standing, #3 Exhibit FL Bar Certificate of Good Standing, #4 Exhibit DC Bar Certificate of Good Standing, #5 Text of Proposed Order)(Asokan, Risha)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #90 MOTION for Risha Asokan 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. (wb)
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Filing 89
ORDER FOR ADMISSION OF KATHERINE MORAN MEEKS PRO HAC VICE granting #87 Motion for Katherine Moran Meeks to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 12/5/2019) (jwh)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #88 MOTION for Risha Asokan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18205789. 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 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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Filing 88
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Risha Asokan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18205789. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(Asokan, Risha) Modified on 12/5/2019 (wb).
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Filing 87
MOTION for Katherine Moran Meeks to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Exhibit Certificate of Good Standing, #5 Text of Proposed Order)(Meeks, Katherine)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #87 MOTION for Katherine Moran Meeks 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. (wb)
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Filing 86
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent FOX Corporation for Fox News Network LLC. Document filed by Fox News Network LLC.(Terry, Joseph)
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Filing 85
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Katherine Moran Meeks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18161400. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing (DC), #3 Exhibit Certificate of Good Standing (VA), #4 Text of Proposed Order)(Meeks, Katherine) Modified on 11/27/2019 (aea).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #85 MOTION for Katherine Moran Meeks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18161400. 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.. (aea)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Joseph M. Terry to RE-FILE Document #83 Rule 7.1 Corporate Disclosure Statement. ERROR(S): wrong case number (case year) indicated on document. (ldi)
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Filing 84
ANSWER to #1 Complaint, #7 Complaint,., ANSWER to #1 Complaint, #7 Complaint,. Document filed by Fox News Network LLC.(Terry, Joseph)
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Filing 83
FILING ERROR - DEFICIENT DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent FOX Corporation for Fox News Network LLC. Document filed by Fox News Network LLC.(Terry, Joseph) Modified on 11/27/2019 (ldi).
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Filing 82
ANSWER to #7 Complaint,. Document filed by Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity).(Stern, David)
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Filing 81
NOTICE OF APPEARANCE by Christine Isaacs on behalf of Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Isaacs, Christine)
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Filing 80
NOTICE OF APPEARANCE by Nicolle Lipper Jacoby on behalf of Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Jacoby, Nicolle)
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Filing 79
ORDER granting #78 Motion to Withdraw as Attorney. SO ORDERED. (Signed by Judge George B. Daniels on 11/1/2019) Attorney David Butler Harrison terminated (ks)
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Filing 78
MOTION for David B. Harrison to Withdraw as Attorney . Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Attachments: #1 Exhibit A, #2 Exhibit B)(Harrison, David)
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Filing 77
MEMO ENDORSEMENT on re: #76 Letter, filed by Malia Zimmerman, Fox News Network LLC. ENDORSEMENT: SO ORDERED. (Fox News Network LLC answer due 11/20/2019; Malia Zimmerman(in her professional capacities) answer due 11/20/2019; Malia Zimmerman(in her individual capacity) answer due 11/20/2019.) (Signed by Judge George B. Daniels on 10/18/2019) (jwh)
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Filing 76
LETTER addressed to Judge George B. Daniels from Kevin T. Baine and David H. Stern dated October 17, 2019 re: Setting time to file answer. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity).(Baine, Kevin)
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Filing 75
ORDER: A status conference is scheduled for January 22, 2020 at 9:45 am. (Status Conference set for 1/22/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 10/7/2019) (jwh)
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Filing 74
NOTICE OF APPEARANCE by Beatrice Catherine Franklin on behalf of Joel Rich, Mary Rich. (Franklin, Beatrice)
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Filing 73
MANDATE of USCA (Certified Copy) as to #71 Notice of Appeal filed by Joel Rich, Mary Rich. USCA Case Number 18-2321-cv. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is VACATED and the case is REMANDED for further proceedings consistent with this Court's opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/04/2019. (Attachments: #1 Opinion)(nd)
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Transmission of USCA Mandate to the District Judge re: #73 USCA Mandate,. (nd)
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Filing 72
USCA OPINION (Certified) as to #71 Notice of Appeal filed by Joel Rich, Mary Rich. USCA Case Number 18-2321-cv. Plaintiffs-Appellants Joel Rich and Mary Rich appeal from a judgment of the United States District Court for the Southern District of New York (Daniels, J.) dismissing their state torts claims against Defendants-Appellees Fox News Network, Malia Zimmerman, and Ed Butowsky. Plaintiffs-Appellants filed a complaint based on diversity jurisdiction alleging intentional infliction of emotional distress, tortious interference with contract, and negligent supervision or retention. On de novo review, we hold that the complaint pleads sufficient facts to survive a Rule 12(b)(6) motion to dismiss on the first two counts, and an amendment could cure any defect in the third claim. We VACATE the District Court's August 2, 2018, judgment granting the Appellees' motion to dismiss, and we REMAND the case for further proceedings consistent with this opinion.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/13/2019. (nd) Modified on 10/4/2019 (nd).
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Transmission of USCA Opinion to the District Judge re: #72 USCA Opinion. (nd)
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Filing 71
NOTICE OF APPEAL from #70 Clerk's Judgment,,. Document filed by Joel Rich, Mary Rich. Filing fee $ 505.00, receipt number 0208-15415819. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Subramanian, Arun)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #71 Notice of Appeal. (nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #71 Notice of Appeal filed by Joel Rich, Mary Rich were transmitted to the U.S. Court of Appeals. (nd)
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Filing 70
CLERK'S JUDGMENT re: #69 Order on Motion to Dismiss in favor of Fox News Network LLC, Ed Butowsky, Malia Zimmerman against Joel Rich, Mary Rich. 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 for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, (ECF Nos. 35, 51), are GRANTED. (Signed by Clerk of Court Ruby Krajick on 8/3/2018) (Attachments: #1 Right to Appeal)(km)
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Filing 69
MEMORANDUM DECISION AND ORDER granting #35 Motion to Dismiss; granting #51 Motion to Dismiss: Defendants' motions to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, (ECF Nos. 35, 51), are GRANTED. (Signed by Judge George B. Daniels on 8/2/2018) (jwh) Modified on 8/2/2018 (jwh).
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Transmission to Judgments and Orders Clerk. Transmitted re: #69 Order on Motion to Dismiss, to the Judgments and Orders Clerk. (jwh)
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Filing 68
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/20/18 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)
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Filing 67
TRANSCRIPT of Proceedings re: conference held on 6/20/2018 before Judge George B. Daniels. 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 8/10/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/18/2018.(McGuirk, Kelly)
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Filing 66
LETTER addressed to Judge George B. Daniels from Joseph M. Terry dated July 10, 2018 re: Response to Plaintiffs' Letter Brief on Motion to Dismiss. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Attachments: #1 Exhibit Transcript)(Terry, Joseph)
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Filing 65
LETTER addressed to Judge George B. Daniels from David B. Harrison dated July 9, 2018 re: Response to Plaintiffs' letter dated June 29, 2018 (DE 64) concerning points raised by Court at hearing on June 20, 2018. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity).(Harrison, David)
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Filing 64
LETTER addressed to Judge George B. Daniels from Arun Subramanian dated June 29, 2018 re: response to points raised by the Court at June 20, 2018 hearing. Document filed by Joel Rich, Mary Rich.(Subramanian, Arun)
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Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 6/20/2018 re: #35 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). filed by Malia Zimmerman, Fox News Network LLC, #51 FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). filed by Ed Butowsky. Plaintiff Counsel: Suyash Agrawal, Leonard A. Gail, Eli Johnson Kay-Oliphant, Elisha Brandis Barron, Arun Srinivas Subramanian,Defense Counsel: Kevin Taylor Baine, Katherine Anne Petti, Joseph M. Terry, David H. Stern, Katherine Maeve Wyman, David Butler Harrison and court reporter present. The subsequent conference is scheduled for September 4, 2018 at 9:45 a.m. (Vega, Elizabeth)
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Filing 63
REPLY AFFIDAVIT of David B. Harrison in Support re: #51 FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6).. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Harrison, David)
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Filing 62
REPLY MEMORANDUM OF LAW in Support re: #51 FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). . Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Harrison, David)
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Filing 61
REPLY MEMORANDUM OF LAW in Support re: #35 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). . Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Baine, Kevin)
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Filing 60
NOTICE of Withdrawal of Counsel and Request to be Removed from Service List. Document filed by Joel Rich, Mary Rich. (Park, Yoonhee)
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Filing 59
MEMO ENDORSEMENT on re: #58 Letter, filed by Malia Zimmerman, Fox News Network LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 6/12/2018) (jwh)
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Filing 58
LETTER addressed to Judge George B. Daniels from Joseph M. Terry dated June 11, 2018 re: request for leave to file a reply brief of twelve pages. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity).(Terry, Joseph)
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Filing 57
DECLARATION of Eli J. Kay-Oliphant in Opposition re: #51 FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6)., #35 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Subramanian, Arun)
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Filing 56
MEMORANDUM OF LAW in Opposition re: #35 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6)., #51 FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). . Document filed by Joel Rich, Mary Rich. (Subramanian, Arun)
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Filing 55
MEMO ENDORSEMENT on re: #52 Letter filed by Joel Rich, Mary Rich. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 5/22/2018) (jwh)
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Filing 54
DECLARATION of David B. Harrison in Support re: #51 FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6).. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Harrison, David)
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Filing 53
MEMORANDUM OF LAW in Support re: #51 FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). . Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Harrison, David)
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Filing 52
LETTER addressed to Judge George B. Daniels from Arun Subramanian dated May 22, 2018 re: Letter Seeking Leave to File One 40-Page Consolidated Brief. Document filed by Joel Rich, Mary Rich.(Subramanian, Arun)
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Filing 51
FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). Return Date set for 6/20/2018 at 09:00 AM.(Harrison, David)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Butler Harrison to RE-FILE Document #47 MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 50
MEMO ENDORSEMENT on re: #49 Letter proposing briefing schedule, filed by Joel Rich, Mary Rich. So Ordered., (Responses due by 6/4/2018, Replies due by 6/18/2018.) (Signed by Judge George B. Daniels on 5/17/18) (yv)
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Filing 49
LETTER addressed to Judge George B. Daniels from Arun Subramanian dated May 16, 2018 re: parties proposed briefing schedule for the Defendants' motion to dismiss. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Dkt. 40)(Subramanian, Arun)
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Filing 48
ORDER granting #41 Letter Motion for Local Rule 37.2 Conference: Discovery is stayed until oral argument on June 20, 2018. (Signed by Judge George B. Daniels on 5/15/2018) (jwh)
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Filing 47
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). Responses due by 6/4/2018 Return Date set for 6/20/2018 at 09:00 AM. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Decl. of David B. Harrison, #3 Ex. 1 of Decl., #4 Ex. 2 of Decl., #5 Proposed Order)(Harrison, David) Modified on 5/22/2018 (ldi).
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Filing 46
LETTER addressed to Judge George B. Daniels from Arun Subramanian dated May 14, 2018 re: Defendants' Request for stay of discovery and pre-motion discovery conference. Document filed by Joel Rich, Mary Rich.(Subramanian, Arun)
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Filing 45
MEMO ENDORSEMENT on re: #44 Letter filed by Ed Butowsky. ENDORSEMENT: So Ordered on this 14 day of May, 2018. (Signed by Judge George B. Daniels on 5/14/2018) (jwh)
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***STRICKEN DOCUMENT. Deleted document number 42 from the case record. The document was stricken from this case pursuant to #45 Memo Endorsement. (jwh)
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Filing 44
LETTER addressed to Judge George B. Daniels from David B. Harrison dated May 11, 2018 re: Request to remove Docket Entry 42 from the docket. Document filed by Ed Butowsky(in his professional capacities).(Harrison, David)
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Filing 43
LETTER addressed to Judge George B. Daniels from David B. Harrison dated May 11, 2018 re: Docket Entry 41, filed by Defendant Fox News Network LLC. Document filed by Ed Butowsky(in his professional capacities).(Harrison, David)
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Filing 41
LETTER MOTION for Local Rule 37.2 Conference regarding stay of discovery addressed to Judge George B. Daniels from Joseph M. Terry dated 5/11/2018. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Terry, Joseph)
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Filing 40
LETTER addressed to Judge George B. Daniels from Arun Subramanian dated May 10, 2018 re: Proposed Schedule for Motions to Dismiss. Document filed by Joel Rich, Mary Rich.(Subramanian, Arun)
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Filing 39
ORDER granting #38 Letter Motion for Oral Argument. The conference scheduled for May 9, 2018 at 9:30 am is adjourned. Oral argument will held on Defendant's motion to dismiss the complaint on June 20, 2018 at 10:30 am. SO ORDERED. (Signed by Judge George B. Daniels on 5/8/2018) (ne)
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Set/Reset Hearings: Oral Argument set for 6/20/2018 at 10:30 AM before Judge George B. Daniels. (ne)
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Filing 38
LETTER MOTION for Oral Argument addressed to Judge George B. Daniels from Kevin T. Baine dated May 7, 2018. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity).(Baine, Kevin)
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Filing 37
DECLARATION of Joseph M. Terry in Support re: #35 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), 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)
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Filing 36
MEMORANDUM OF LAW in Support re: #35 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). . Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Baine, Kevin)
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Filing 35
FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity).(Baine, Kevin)
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Filing 34
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Joel Rich, Mary Rich.(Subramanian, Arun)
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Filing 33
NOTICE OF APPEARANCE by Katherine Maeve Wyman on behalf of Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Wyman, Katherine)
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Filing 32
ORDER FOR ADMISSION OF DAVID H. STERN PRO HAC VICE granting #31 Motion for David H. Stern to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 4/18/2018) (mro)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for David H. Stern to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14953833. 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 31
MOTION for David H. Stern to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14953833. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Attachments: #1 Affidavit of David H. Stern, #2 Exhibit A - California Certificate of Good Standing, #3 Exhibit B - District of Columbia Certificate of Good Standing, #4 Text of Proposed Order)(Stern, David)
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Filing 30
NOTICE OF APPEARANCE by David Butler Harrison on behalf of Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Harrison, David)
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Filing 29
ORDER granting #28 Motion for Katherine A. Petti to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 4/17/2018) (jwh)
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Filing 28
MOTION for Katherine A. Petti to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14944306. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC. (Attachments: #1 Affidavit, #2 Exhibit GA certificate of good standing, #3 Exhibit DC certificate of good standing, #4 Text of Proposed Order)(Petti, Katherine)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Katherine A. Petti to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14944306. 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 27
ORDER: granting #25 Motion for Joseph M. Terry to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 4/6/2018) (ap)
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Filing 26
NOTICE OF CHANGE OF ADDRESS by Joseph M. Terry on behalf of Fox News Network LLC. New Address: Williams & Connolly LLP, 650 5th Avenue, Suite 1500, New York, New York, USA 10019, 202-434-5320. (Terry, Joseph)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Joseph M. Terry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14906090. 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 25
MOTION for Joseph M. Terry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14906090. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Service, #3 Text of Proposed Order)(Terry, Joseph)
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Filing 24
NOTICE OF APPEARANCE by Kevin Taylor Baine on behalf of Fox News Network LLC. (Baine, Kevin)
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Filing 23
NOTICE OF APPEARANCE by Dane Hal Butswinkas on behalf of Fox News Network LLC. (Butswinkas, Dane)
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Filing 22
WAIVER OF SERVICE RETURNED EXECUTED. Malia Zimmerman(in her individual capacity) waiver sent on 3/14/2018, answer due 5/14/2018. Document filed by Joel Rich; Mary Rich. (Park, Yoonhee)
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Filing 21
WAIVER OF SERVICE RETURNED EXECUTED. Ed Butowsky(in his individual capacity) waiver sent on 3/14/2018, answer due 5/14/2018. Document filed by Joel Rich; Mary Rich. (Park, Yoonhee)
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Filing 20
WAIVER OF SERVICE RETURNED EXECUTED. Ed Butowsky(in his professional capacities) waiver sent on 3/14/2018, answer due 5/14/2018. Document filed by Joel Rich; Mary Rich. (Kay-Oliphant, Eli)
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Filing 19
WAIVER OF SERVICE RETURNED EXECUTED. Malia Zimmerman(in her professional capacities) waiver sent on 3/14/2018, answer due 5/14/2018. Document filed by Joel Rich; Mary Rich. (Kay-Oliphant, Eli)
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Filing 18
WAIVER OF SERVICE RETURNED EXECUTED. Fox News Network LLC waiver sent on 3/14/2018, answer due 5/14/2018. Document filed by Joel Rich; Mary Rich. (Kay-Oliphant, Eli)
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Leonard A. Gail to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 3/20/2018) (jwh)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Leonard A. Gail to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14824691. 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 16
MOTION for Leonard A. Gail to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14824691. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joel Rich, Mary Rich. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration of Leonard A. Gail, #3 Text of Proposed Order)(Gail, Leonard)
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Filing 15
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/9/2018 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 3/15/2018) (jwh)
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Filing 14
NOTICE OF APPEARANCE by Suyash Agrawal on behalf of Joel Rich, Mary Rich. (Agrawal, Suyash)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to Malia Zimmerman. (pne)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Fox News Network LLC. (pne)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Ed Butowsky. (pne)
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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. (bcu)
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NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case. (bcu)
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CASE ACCEPTED AS RELATED. Create association to 1:17-cv-05807-GBD. Notice of Assignment to follow. (bcu)
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Filing 10
NOTICE OF APPEARANCE by Yoonhee Gloria Park on behalf of Joel Rich, Mary Rich. (Park, Yoonhee)
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Filing 9
NOTICE OF APPEARANCE by Elisha Brandis Barron on behalf of Joel Rich, Mary Rich. (Barron, Elisha)
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Filing 8
NOTICE OF APPEARANCE by Arun Srinivas Subramanian on behalf of Joel Rich, Mary Rich. (Subramanian, Arun)
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Filing 7
COMPLAINT against Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity), Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). Document filed by Joel Rich, Mary Rich.(Kay-Oliphant, Eli)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eli Johnson Kay-Oliphant to RE-FILE re: Document No. #1 Complaint,. The filing is deficient for the following reasons: all of the parties listed on the pleading were not entered on CM ECF; Malia Zimmerman, and Ed Butowsky must each be added a second time with party text "in her/his professional capacities"; all parties whom the pleading is against were not entered. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eli Johnson Kay-Oliphant. The party information for the following parties has been modified: Ed Butowsky, and Malia Zimmerman. The information for the parties has been modified for the following reason: party text was omitted. (pne)
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CASE REFERRED TO Judge George B. Daniels as possibly related to 17-CV-5807. (pne)
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Case Designated ECF. (pne)
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ADD PARTY FOR PLEADING. Defendants/Respondents Ed Butowsky, Fox News Network LLC, Malia Zimmerman, Malia Zimmerman, Ed Butowsky added. Party added pursuant to #1 Complaint,.Document filed by Joel Rich, Mary Rich. Related document: #1 Complaint,.(Kay-Oliphant, Eli)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eli Johnson Kay-Oliphant. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction has been made to your case entry: the County code has been modified to XX Out of State. (pne)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eli Johnson Kay-Oliphant. The party information for the following party/parties has been modified: Ed Butowsky, Malia Zimmerman. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (pc)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Ed Butowsky, re: #1 Complaint. Document filed by Joel Rich, Mary Rich. (Kay-Oliphant, Eli)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Malia Zimmerman, re: #1 Complaint. Document filed by Joel Rich, Mary Rich. (Kay-Oliphant, Eli)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Fox News Network, LLC, re: #1 Complaint. Document filed by Joel Rich, Mary Rich. (Kay-Oliphant, Eli)
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Filing 3
RELATED CASE AFFIRMATION of Eli J. Kay-Oliphant re: that this action be filed as related to 17-cv-05807-GBD. Document filed by Joel Rich, Mary Rich.(Kay-Oliphant, Eli)
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Filing 2
CIVIL COVER SHEET filed. (Kay-Oliphant, Eli)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Ed Butowsky, Fox News Network LLC, Malia Zimmerman. (Filing Fee $ 400.00, Receipt Number 0208-14808048)Document filed by Joel Rich, Mary Rich.(Kay-Oliphant, Eli) Modified on 3/14/2018 (pne).
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