Dhue v. O'Reilly
Plaintiff: Laurie Dhue
Defendant: William James O'Reilly
Case Number: 1:2018cv02547
Filed: March 22, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Jesse M Furman
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332 lb
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2020 Opinion or Order Filing 30 ORDER: On June 4, 2018, Defendant filed a motion to compel arbitration and stay this case pending arbitration of the parties' dispute. ECF No. 14. On October 10, 2018, Judge Batts, to whom the case was then assigned, granted the motion to compel as to the threshold arbitrability question. ECF No. 25, at 13-14. On February 20, 2020, the case was reassigned to the undersigned. As there is no reason to keep the case open pending the arbitration, the Clerk is directed to administratively close the case without prejudice to either party moving by letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/24/2020) (rro)
February 20, 2020 NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Deborah A. Batts is no longer assigned to the case. (sjo)
April 16, 2019 Opinion or Order Filing 29 NOTICE AND ORDER OF WITHDRAWAL OF APPEARANCE: PLEASE TAKE NOTICE that, Jillian L. McNeil is no longer associated with the firm of Balestriere Fariello and pursuant to Rule 1.4 of the Local Rules for the United States District Court for the Southern and Eastern Districts of New York, Jillian L. McNeil is hereby withdrawn as counsel for Plaintiff in the above-captioned action. Balestriere Fariello, through the undersigned counsel of record, continue to serve as counsel for Plaintiff. IT IS SO ORDERED. Attorney Jillian Lee McNeil terminated. (Signed by Judge Deborah A. Batts on 4/16/2019) (jca)
April 16, 2019 Opinion or Order Filing 28 NOTICE AND ORDER OF WITHDRAWAL OF APPEARANCE: PLEASE TAKE NOTICE that, Brian L. Grossman is no longer associated with the firm of Balestriere Fariello and pursuant to Rule 1.4 of the Local Rules for the United States District Court for the Southern and Eastern Districts of New York, Brian L. Grossman is hereby withdrawn as counsel for Plaintiff in the above-captioned action. Balestriere Fariello, through the undersigned counsel of record, continue to serve as counsel for Plaintiff. IT IS SO ORDERED. Attorney Brian Louis Grossman terminated. (Signed by Judge Deborah A. Batts on 4/16/2019) (jca)
April 8, 2019 Filing 27 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Laurie Dhue. Related Document Number: #5 . (Balestriere, John)
April 8, 2019 Filing 26 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Laurie Dhue. Related Document Number: #4 . (Balestriere, John)
October 10, 2018 Opinion or Order Filing 25 MEMORANDUM & ORDER dismissing #14 Motion to Dismiss; granting #14 Motion to Stay. For the reasons set forth above, Defendant's Motion to Compel Arbitration is GRANTED; the threshold question, whether this dispute is subject to arbitration, is delegated to the arbitrator. Defendant's Motion to Dismiss is DISMISSED subject to renewal after completion of the arbitration. SO ORDERED. (Signed by Judge Deborah A. Batts on 10/10/2018) (rro)
July 9, 2018 Filing 24 REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . MOTION to Stay . . Document filed by William James O'Reilly. (Melzer, Marc)
June 25, 2018 Filing 23 DECLARATION of Jillian L. McNeil in Opposition re: #14 MOTION to Dismiss . MOTION to Stay .. Document filed by Laurie Dhue. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(McNeil, Jillian)
June 25, 2018 Filing 22 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Dismiss . MOTION to Stay . . Document filed by Laurie Dhue. (McNeil, Jillian)
June 24, 2018 Filing 21 DECLARATION of Andrew Bourne in Support re: #14 MOTION to Dismiss . MOTION to Stay .. Document filed by William James O'Reilly. (Attachments: #1 Exhibit Exhibit A - Executed Settlement Agreement)(Melzer, Marc)
June 14, 2018 Opinion or Order Filing 20 ORDER granting #17 Letter Motion for Extension of Time to File Response/Reply. Granted. Responses due by 6/25/2018. Replies due by 7/9/2018. (Signed by Judge Deborah A. Batts on 6/14/2018) (kgo)
June 11, 2018 Opinion or Order Filing 19 ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Carmen D. Caruso to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 5/1/2018) (kgo)
June 11, 2018 Opinion or Order Filing 18 ORDER denying #13 Letter Motion for Leave to File Document. Defendant's Motion to seal is DENIED. Within 14 days of the date of this Order, Defendant shall file an unredacted version of the agreement he relies on in his Motion to Compel Arbitration and/or Dismiss the Complaint. (Signed by Judge Deborah A. Batts on 6/11/2018) (kgo)
June 6, 2018 Filing 17 LETTER MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss . MOTION to Stay . addressed to Judge Deborah A. Batts from Jillian L. McNeil dated June 6, 2018. Document filed by Laurie Dhue.(McNeil, Jillian)
June 4, 2018 Filing 16 MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . MOTION to Stay . . Document filed by William James O'Reilly. (Melzer, Marc)
June 4, 2018 Filing 15 DECLARATION of Andrew N. Bourne in Support re: #14 MOTION to Dismiss . MOTION to Stay .. Document filed by William James O'Reilly. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - Dhue Settlement Agreement (Redacted), #3 Exhibit Exhibit C - Bill OReilly Thrives at Fox News, Even as Harassment Settlements Add Up - The New York Times, #4 Exhibit Exhibit D - 2017.04.24 No Spin News Transcript, #5 Exhibit Exhibit E - Bill OReilly Settled New Harassment Claim, Then Fox Renewed His Contract - The New York Times, #6 Exhibit Exhibit F - Glenn Beck Bill O'Reilly_ O'Reilly on the Radio, #7 Exhibit Exhibit G - Laurie Dhue - NY Advisory Board member - Caron Foundation _ LinkedIn, #8 Exhibit Exhibit H - Laurie Dhue Media 2017, #9 Exhibit Exhibit I - Book Laurie Dhue for Public Speaking _ Harry Walker Agency)(Melzer, Marc)
June 4, 2018 Filing 14 MOTION to Dismiss ., MOTION to Stay . Document filed by William James O'Reilly.(Melzer, Marc)
June 1, 2018 Filing 13 LETTER MOTION for Leave to File Partially Redacted Agreement addressed to Judge Deborah A. Batts from Andrew N. Bourne dated June 1, 2018. Document filed by William James O'Reilly.(Bourne, Andrew)
May 21, 2018 Opinion or Order Filing 12 ORDER granting #11 Letter Motion for Extension of Time to Answer. Granted. William James O'Reilly answer due 6/4/2018. (Signed by Judge Deborah A. Batts on 5/21/2018) (kgo)
May 17, 2018 Filing 11 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint or to move or otherwise respond to the Complaint addressed to Judge Deborah A. Batts from Andrew N. Bourne dated May 17, 2018. Document filed by William James O'Reilly.(Bourne, Andrew)
April 9, 2018 Filing 10 MOTION for Carmen David Caruso to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Laurie Dhue. (Attachments: #1 Supplement, #2 Affidavit, #3 Text of Proposed Order)(Caruso, Carmen)
April 9, 2018 Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Carmen David Caruso to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14918623. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Laurie Dhue. (Attachments: #1 Affidavit, #2 Supplement, #3 Text of Proposed Order)(Caruso, Carmen) Modified on 4/9/2018 (jc).
April 9, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #9 MOTION for Carmen David Caruso to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14918623. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): 1) missing Certificate of Good Standing from Supreme Court of Illinois; and 2) Motion and Affidavit were unsigned - need ink signatures or /s/. 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)
April 9, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Carmen David Caruso 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. (jc)
March 27, 2018 Filing 8 ELECTRONIC SUMMONS ISSUED as to William James O'Reilly. (pne)
March 26, 2018 Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. William James O'Reilly waiver sent on 3/22/2018, answer due 5/21/2018. Document filed by Laurie Dhue. (Balestriere, John)
March 26, 2018 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to William James O'Reilly, re: #1 Complaint. Document filed by Laurie Dhue. (Balestriere, John)
March 26, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Balestriere to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason: There was no address entered for the defendant. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
March 23, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. 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. (pne)
March 23, 2018 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. (pne)
March 23, 2018 Case Designated ECF. (pne)
March 22, 2018 Filing 5 NOTICE OF APPEARANCE by Jillian Lee McNeil on behalf of Laurie Dhue. (McNeil, Jillian)
March 22, 2018 Filing 4 NOTICE OF APPEARANCE by Brian Louis Grossman on behalf of Laurie Dhue. (Grossman, Brian)
March 22, 2018 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William James O'Reilly, re: #1 Complaint. Document filed by Laurie Dhue. (Balestriere, John) Modified on 3/26/2018 (pne).
March 22, 2018 Filing 2 CIVIL COVER SHEET filed. (Balestriere, John)
March 22, 2018 Filing 1 COMPLAINT against William James O'Reilly. (Filing Fee $ 400.00, Receipt Number 0208-14841916)Document filed by Laurie Dhue.(Balestriere, John)

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Defendant: William James O'Reilly
Represented By: Marc Aaron Melzer
Represented By: Andrew N. Bourne
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Plaintiff: Laurie Dhue
Represented By: Brian Louis Grossman
Represented By: Jillian Lee McNeil
Represented By: John Balestriere
Represented By: Carmen David Caruso
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