Rapaport et al v. Barstool Sports Inc. et al
| Michael David Productions Inc. and Michael Rapaport |
| Kevin Clancy, Adam Smith, David Portnoy, Barstool Sports Inc. and Eric Nathan |
| 1:2018cv08783 |
| September 25, 2018 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Naomi Reice Buchwald from Ricardo P. Cestero dated November 20, 2018. Document filed by Barstool Sports Inc., Kevin Clancy, Eric Nathan, David Portnoy, Adam Smith.(Cestero, Ricardo) |
| Filing 28 SUMMONS RETURNED EXECUTED Summons and Complaint served. Eric Nathan served on 10/12/2018, answer due 11/29/2018. Service was accepted by Eric Nathan. Document filed by Michael Rapaport; Michael David Productions Inc.. (DeSimone, Ralph) |
Filing 27
ORDER FOR ADMISSION PRO HAC VICE: granting #25 Motion for Ricardo P. Cestero to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 11/14/2018) (ama)
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Filing 26
ORDER FOR ADMISSION PRO HAC VICE: granting #24 Motion for Aaron J. Moss to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 11/14/2018) (ama)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Aaron J. Moss to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #25 MOTION for Ricardo P. Cestero 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) |
| Filing 25 MOTION for Ricardo P. Cestero to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barstool Sports Inc., Kevin Clancy, Eric Nathan, David Portnoy, Adam Smith. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Cestero, Ricardo) |
| Filing 24 MOTION for Aaron J. Moss to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barstool Sports Inc., Kevin Clancy, Eric Nathan, David Portnoy, Adam Smith. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Moss, Aaron) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ricardo P. Cestero to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15853129. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barstool Sports Inc., Kevin Clancy, Eric Nathan, David Portnoy, Adam Smith. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Cestero, Ricardo) Modified on 11/2/2018 (ma). |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Aaron J. Moss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15852994. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barstool Sports Inc., Kevin Clancy, Eric Nathan, David Portnoy, Adam Smith. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Moss, Aaron) Modified on 11/2/2018 (ma). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 MOTION for Aaron J. Moss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15852994. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): EXPIRED CERTIFICATE OF GOOD STANDING FROM SUPREME COURT OF CALIFORNIA AND THE AFFIDAVIT IS MISSING THE REQUIRED LANGUAGE PURSUANT TO LOCAL RULE 1.3.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #23 MOTION for Ricardo P. Cestero to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15853129. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): THE AFFIDAVIT IS MISSING THE REQUIRED LANGUAGE PURSUANT TO LOCAL RULE 1.3. AND THE PROPOSED ORDER MUST BE TITLED APPROPRIATELY.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer re #12 Complaint. Application granted. (Barstool Sports Inc. answer due 11/29/2018; Kevin Clancy answer due 11/29/2018; Eric Nathan answer due 11/29/2018; David Portnoy answer due 11/29/2018; Adam Smith answer due 11/29/2018.) (Signed by Judge Naomi Reice Buchwald on 11/1/18) (yv)
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| Filing 20 CONSENT LETTER MOTION for Extension of Time to File Answer re: #12 Complaint addressed to Judge Naomi Reice Buchwald. Document filed by Barstool Sports Inc., Kevin Clancy, Eric Nathan, David Portnoy, Adam Smith.(Werbin, Barry) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Barstool Sports Inc., Kevin Clancy, Eric Nathan, David Portnoy, Adam Smith.(Werbin, Barry) |
| Filing 18 NOTICE OF APPEARANCE by Barry Werbin on behalf of Barstool Sports Inc., Kevin Clancy, Eric Nathan, David Portnoy, Adam Smith. (Werbin, Barry) |
| Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint served. Kevin Clancy served on 10/13/2018, answer due 11/5/2018. Service was accepted by John Doe - refused full name. Document filed by Michael Rapaport; Michael David Productions Inc.. (DeSimone, Ralph) |
| Filing 16 SUMMONS RETURNED EXECUTED Summons and Complaint served. Barstool Sports Inc. served on 10/9/2018, answer due 10/30/2018. Service was accepted by Secretary of State. Document filed by Michael Rapaport; Michael David Productions Inc.. (DeSimone, Ralph) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint served. Barstool Sports Inc. served on 10/8/2018, answer due 10/29/2018. Service was accepted by Ebony Beltrand. Document filed by Michael Rapaport; Michael David Productions Inc.. (DeSimone, Ralph) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Barstool Sports Inc.. (dnh) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Barstool Sports Inc., re: #12 Complaint. Document filed by Michael David Productions Inc., Michael Rapaport. (DeSimone, Ralph) |
| Filing 12 COMPLAINT against Barstool Sports Inc., Kevin Clancy, Eric Nathan, David Portnoy, Adam Smith. Document filed by Michael Rapaport, Michael David Productions Inc..(DeSimone, Ralph) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Kevin Clancy. (jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Eric Nathan. (jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to David Portnoy. (jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Adam Smith. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ralph DeSimone. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); County code Albany;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to XX Out of State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ralph DeSimone to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties whom the pleading is against were not selected; all of the filers were not selected for the pleading. 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. (jgo) |
| Magistrate Judge Henry B. Pitman 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ralph DeSimone to RE-FILE Document No. #7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on pdf 'To' section does not exactly match initial pleading caption;. 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Barstool Sports Inc., re: #1 Complaint. Document filed by Michael David Productions Inc., Michael Rapaport. (DeSimone, Ralph) Modified on 9/26/2018 (jgo). |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to David Portnoy, re: #1 Complaint. Document filed by Michael David Productions Inc., Michael Rapaport. (DeSimone, Ralph) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Adam Smith, re: #1 Complaint. Document filed by Michael David Productions Inc., Michael Rapaport. (DeSimone, Ralph) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Eric Nathan, re: #1 Complaint. Document filed by Michael David Productions Inc., Michael Rapaport. (DeSimone, Ralph) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Kevin Clancy, re: #1 Complaint. Document filed by Michael David Productions Inc., Michael Rapaport. (DeSimone, Ralph) |
| Filing 2 CIVIL COVER SHEET filed. (DeSimone, Ralph) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY AND FILER ERROR - COMPLAINT against Barstool Sports Inc., Kevin Clancy. (Filing Fee $ 400.00, Receipt Number 0208-15616516)Document filed by Michael Rapaport. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(DeSimone, Ralph) Modified on 9/26/2018 (jgo). |
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