Kesner v. Barron's, Inc. et al
| Harvey J. Kesner |
| William "Bill" Alpert, Teri Buhl, Barron's, Inc. and Dow Jones & Company, Inc. |
| 1:2020cv03454 |
| May 4, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Engelmayer |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 lb |
| Both |
Docket Report
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This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.
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Filing 136
PRE-CONFERENCE STATEMENT (Response to Defendant's June 2, 2021 request for pre-motion conference on summary judgment). Document filed by Harvey J. Kesner..(Biss, Steven)
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Filing 135
MEMO ENDORSEMENT on re: #134 Letter filed by Teri Buhl. ENDORSEMENT: Discovery having closed on June 3, 2021, the Court will consider a schedule for defendant's anticipated summary judgment at the post-discovery case management conference. Plaintiffs three-page letter in response is due June 17, 2021, two weeks from the close of fact discovery. Due to a scheduling conflict, the case management conference currently scheduled for July 1, 2021 at 2 pm. is rescheduled for July 13, 2021 at 3:30 pm. (Case Management Conference set for 7/13/2021 at 03:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/8/2021) (js)
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Filing 134
LETTER addressed to Judge Paul A. Engelmayer from Wesley J. Paul dated June 2, 2021 re: Summary Judgment Pre-Motion Conference. Document filed by Teri Buhl..(Paul, Wesley)
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Filing 133
REPLY MEMORANDUM OF LAW in Support re: #128 MOTION to Dismiss Counterclaim. . Document filed by Harvey J. Kesner..(Biss, Steven)
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Filing 132
MANDATE of USCA (Certified Copy) as to #121 Notice of Appeal filed by Harvey J. Kesner. USCA Case Number 21-491. Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 4/30/2021..(nd)
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Filing 131
MEMORANDUM OF LAW in Opposition re: #128 MOTION to Dismiss Counterclaim. . Document filed by Teri Buhl..(Paul, Wesley)
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Filing 130
ORDER: On March 29, 2021, plaintiff filed a motion to dismiss the defendant's counterclaim under Rule 12 of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a party has 21 days after the service of a motion under Rule 12(b) to amend the pleading once as a matter of course. Accordingly, it is hereby ORDERED that defendant shall file any amended counterclaim by April 19, 2021. No further opportunities to amend will ordinarily be granted. If defendant does amend, by May 10, 2021, plaintiff shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying defendant, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended counterclaim is filed, defendant shall serve any opposition to the motion to dismiss by April 19, 2021. Plaintiff's reply, if any, shall be served by May 3, 2021. At the time any reply is served, the moving party shall supply the Court with a courtesy copy of all motion papers by attaching them as PDF files to a single email addressed to EngelmayerNYSDChambers@nysd.uscourts.gov. The Court will determine later, after receipt of defendant's anticipated brief opposing a motion to dismiss the current or amended counterclaim, whether to schedule oral argument. SO ORDERED. (Amended Pleadings due by 4/19/2021.) (Signed by Judge Paul A. Engelmayer on 3/31/2021) (jca)
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Filing 129
MEMORANDUM OF LAW in Support re: #128 MOTION to Dismiss Counterclaim. . Document filed by Harvey J. Kesner..(Biss, Steven)
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Filing 128
MOTION to Dismiss Counterclaim. Document filed by Harvey J. Kesner. Responses due by 4/12/2021.(Biss, Steven)
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Filing 127
ANSWER to #36 Amended Complaint with JURY DEMAND., COUNTERCLAIM against Harvey J. Kesner. Document filed by Teri Buhl..(Paul, Wesley)
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Set/Reset Deadlines: Harvey J. Kesner answer due 3/8/2021. (ks)
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Filing 126
ORDER granting #123 Letter Motion for Leave to File Document. Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Buhl's answer was due 14 days after the Court's partial denial of her motion to dismiss. The Court need not independently order Buhl to answer. In light of the Court's strong preference to resolve disputes on the merits, as opposed to a default judgment, the Court orders Buhl to file her answer and any counterclaims by March 8, 2021. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 3/1/2021) (ks)
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Filing 125
ORDER: The Court has received a voicemail message from counsel for terminated defendants Dow Jones & Co., Inc. and William Alpert inquiring whether the Court intends to issue a partial judgment as to these defendants. The answer is no. Plaintiff Harvey Kesner has not moved for a partial judgment pursuant to Federal Rule of Civil Procedure 54(b). And partial judgments are disfavored in the Second Circuit. See, e.g., Ginett v. Comput. Task Grp., Inc., 962 F.2d 1085, 1093 (2d Cir. 1992) (federal policy "disfavors 'piecemeal' appellate litigation"); Hogan v. Consol. Rail Corp., 961 F.2d 1021, 1025 (2d Cir. 1992) (federal courts are "empowered to enter a final judgment as to fewer than all of the parties in an action, but 'only upon an express determination that there is no just reason for delay'" (quoting Fed. R. Civ. P. 54(b))). The Court is unaware of any basis for an exception to that policy here. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/1/2021) (jca)
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Filing 124
MEMO ENDORSEMENT on ORDER ON MOTION TO WITHDRAW AS PLAINTIFF'S COUNSEL granting #122 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/1/2021) Attorney Robert C. Buschel and Robert Craig Buschel terminated (ks)
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Filing 123
LETTER MOTION for Leave to File Counterclaim addressed to Judge Paul A. Engelmayer from Wesley J. Paul dated March 1, 2021. Document filed by Teri Buhl..(Paul, Wesley)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #121 Notice of Appeal filed by Harvey J. Kesner were transmitted to the U.S. Court of Appeals..(nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #121 Notice of Appeal..(nd)
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Filing 122
MOTION for Robert C. Buschel to Withdraw as Attorney for Plaintiff. Document filed by Harvey J. Kesner. (Attachments: #1 Text of Proposed Order).(Buschel, Robert)
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Appeal Fee Due: for #121 Notice of Appeal.$505.00 Appeal fee due by 3/12/2021..(nd)
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Filing 121
NOTICE OF APPEAL from #115 Order,,. Document filed by Harvey J. Kesner. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Biss, Steven)
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Filing 120
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 6/3/2021. Deposition due by 5/3/2021. Expert Discovery due by 7/19/2021. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 Days. Case Management Conference set for 7/1/2021 at 02:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 2/3/2021) (jwh)
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Filing 119
PROPOSED CASE MANAGEMENT PLAN. Document filed by Harvey J. Kesner..(Biss, Steven)
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Filing 118
INTERNET CITATION NOTE: Material from decision with Internet citation re: #114 Memorandum & Opinion, Add and Terminate Parties. (sjo)
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Filing 117
INTERNET CITATION NOTE: Material from decision with Internet citation re: #114 Memorandum & Opinion, Add and Terminate Parties. (sjo)
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Filing 116
INTERNET CITATION NOTE: Material from decision with Internet citation re: #114 Memorandum & Opinion, Add and Terminate Parties. (sjo)
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Filing 115
ORDER: On January 26, 2021, the Court issued an opinion and order granting the motions to dismiss filed by Dow Jones & Company, Inc. and William Alpert. Dkt. 114. The remaining parties, plaintiff Harvey Kesner and defendant Teri Buhl, are directed to prepare a Civil Case Management Plan and Scheduling Order in accordance with the Court's Individual Rules, available at https://nysd.uscourts.gov/hon-paul-engelmayer, to be submitted to the Court no later than February 3, 2021. The Case Management Plan should propose a due date for fact discovery no more than four months from February 3, 2021. (Signed by Judge Paul A. Engelmayer on 1/27/2021) (jwh)
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Filing 114
OPINION & ORDER re: #104 MOTION to Dismiss the Amended Complaint: For the foregoing reasons, the Court (1) grants in its entirety the motion to dismiss by Dow Jones and Alpert; (2) grants in its entirety Buhl's motion to dismiss all claims against her other than for defamation; and (3) grants in part and denies in part Buhl's motion to dismiss the defamation claim against her. The case will now proceed promptly to discovery on the surviving aspects of that claim. An order will issue shortly directing counsel for Kesner and Buhl to submit a case management and setting out parameters for that plan. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 43 and 104 and to terminate Dow Jones and Alpert as defendants in this case. (William "Bill" Alpert and Dow Jones & Company, Inc. terminated.) (Signed by Judge Paul A. Engelmayer on 1/26/2021) (jwh)
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Filing 113
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/19/20 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 112
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/19/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Carol Ganley, (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 1/4/2021. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/11/2021..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephone Conference held on 10/19/2020. Court reporter present. (ajs)
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Filing 111
NOTICE of (Filing Of Defamatory Articles, Blogs And Tweets Referenced In Plaintiff's Amended Complaint) re: #110 Order,,, Set Hearings,,, Set Deadlines,,. Document filed by Harvey J. Kesner. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Biss, Steven)
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Filing 110
ORDER: The Court has scheduled argument on the pending motions to dismiss, Dkts. 43, 104, for October 15, 2020. See Dkt. 109. The Court understands that plaintiff has challenged, at a minimum, the authenticity of the exhibits attached to the motion to dismiss filed by defendant Dow Jones & Company, Inc. See Dkt. 48 at 4 n.3. Plaintiff is directed to file copies of all allegedly defamatory articles referenced in his amended complaint, Dkt. 36, by close of business tomorrow, October 16, 2020. (Amended Pleadings due by 10/16/2020.) (Signed by Judge Paul A. Engelmayer on 10/15/2020) (jwh)
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Filing 109
ORDER: The Court will hold oral argument in this case on Monday, October 19, 2020 at 10:30 a.m., on pending motions to dismiss. See Dkt.s 43, 104. This argument will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. (As further set forth in this Order.) (Telephone Conference set for 10/19/2020 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/28/2020) (cf)
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Filing 108
REPLY MEMORANDUM OF LAW in Support re: #104 MOTION to Dismiss the Amended Complaint. . Document filed by Teri Buhl. (Attachments: #1 Exhibit A - Table).(Paul, Wesley)
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Filing 107
MEMORANDUM OF LAW in Opposition re: #104 MOTION to Dismiss the Amended Complaint. . Document filed by Harvey J. Kesner..(Biss, Steven)
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Filing 106
DECLARATION of Wesley J. Paul in Support re: #104 MOTION to Dismiss the Amended Complaint.. Document filed by Teri Buhl. (Attachments: #1 Exhibit A - Buhl Articles, #2 Exhibit B - Tweets, #3 Exhibit C - SEC Complaint).(Paul, Wesley)
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Filing 105
MEMORANDUM OF LAW in Support re: #104 MOTION to Dismiss the Amended Complaint. . Document filed by Teri Buhl..(Paul, Wesley)
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Filing 104
MOTION to Dismiss the Amended Complaint. Document filed by Teri Buhl..(Paul, Wesley)
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Filing 103
ORDER FOR ADMISSION PRO HAC VICE granting #102 MOTION for Robert C. Buschel to Appear Pro Hac Vice (corrected). (Signed by Judge Paul A. Engelmayer on 7/28/2020) (jca)
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Filing 102
MOTION for Robert C. Buschel to Appear Pro Hac Vice (corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Harvey J. Kesner. (Attachments: #1 Exhibit Declaration, #2 Exhibit California Supreme Court, #3 Exhibit Florida Supreme Court, #4 Text of Proposed Order).(Buschel, Robert)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #102 MOTION for Robert C. Buschel to Appear Pro Hac Vice (corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #101 MOTION for Robert C. Buschel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20868156. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order;. Re-file the motion as a Corrected 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.. (vba)
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Filing 101
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert C. Buschel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20868156. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Harvey J. Kesner. (Attachments: #1 Exhibit Declaration, #2 Exhibit good standing Fla., #3 Exhibit good standing CA).(Buschel, Robert) Modified on 7/28/2020 (vba).
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Filing 100
ORDER FOR ADMISSION PRO HAC VICE granting #99 Motion for Steven Scott Biss to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/10/2020) (jwh)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #99 MOTION for Steven Scott Biss to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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Filing 99
MOTION for Steven Scott Biss to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Harvey J. Kesner. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Affidavit B - Affidavit of Steven S. Biss, #3 Text of Proposed Order C - Proposed Order).(Biss, Steven)
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Filing 98
ORDER granting #96 Letter Motion for Extension of Time: Granted. Defendant Buhl's motion is due August 3, 2020; plaintiff's opposition is due August 17, 2020; and Buhl' s reply is due August 24, 2020. In the future, counsel should obtain a response from opposing counsel before filing a request. (Signed by Judge Paul A. Engelmayer on 6/30/2020) (jwh)
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Filing 97
FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Steven S. Biss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20487671. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Harvey J. Kesner. (Attachments: #1 Exhibit A - Certificate of Good Stansing, #2 Affidavit B - Affidavit of Steven S. Biss, #3 Text of Proposed Order C - Text of Proposed Order).(Biss, Steven) Modified on 6/30/2020 (ad).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #97 MOTION for Steven S. Biss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20487671. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): the certificate of good standing must be issued by the Supreme Court;. Re-file the motion as a Corrected 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. (ad)
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Set/Reset Deadlines: Motions due by 8/3/2020. Responses due by 8/17/2020. Replies due by 8/24/2020. (jwh)
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Filing 96
LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Wesley J. Paul dated June 29, 2020. Document filed by Teri Buhl..(Paul, Wesley)
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Filing 95
NOTICE OF APPEARANCE by Wesley Josiah Paul on behalf of Teri Buhl..(Paul, Wesley)
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Filing 94
MEMO ENDORSEMENT on re: #93 Letter. ENDORSEMENT: Granted. Defendant Buhl's motion to dismiss is due July 2, 2020; plaintiff's opposition is due July 16, 2020; and Buhl's reply is due July 23, 2020. (Motions due by 7/2/2020. Responses due by 7/16/2020. Replies due by 7/23/2020.) (Signed by Judge Paul A. Engelmayer on 6/18/2020) (jwh)
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Filing 93
LETTER addressed to Judge Paul A. Engelmayer from H. Kesner, dated 6/17/20 re: Plaintiff requests an additional fourteen(14) days to work with the Reporters Committee for Freedom of the Press to find a pro bono lawyer, and write his Motion to Dismiss. Document filed by Harvey J. Kesner.(sc)
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Filing 92
ORDER granting #91 Letter Motion for Conference. Granted. The Court encourages counsel to obtain promptly the necessary certifications and submit them to the Court. So Ordered. (Signed by Judge Paul A. Engelmayer on 6/3/20) (yv) Transmission to Attorney Services/Help Desk.
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Filing 91
LETTER MOTION for Conference temporary pro hac vice status addressed to Judge Paul A. Engelmayer from Robert Buschel dated June 3, 2020. Document filed by Harvey J. Kesner..(Buschel, Robert)
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Filing 90
ORDER: For the reasons discussed at today's conference, the Court orders the following: 1. All discovery is stayed until defendant Dow Jones and Company, Inc.'s motion to dismiss, joined by defendant William Alpert, Dkt. 43, has been resolved. After resolution of that motion, the Court will issue an order setting an appropriate schedule for the case; 2. Defendant Teri Buhl has indicated her intent to file a motion to dismiss. Her motion to dismiss is due June 18, 2020; plaintiff's opposition is due July 2, 2020; and Ms. Buhl'sreply is due July 9, 2020. The Court encourages Ms. Behl to expedite her efforts to secure representation by counsel. 3. Ms. Buhl also indicated her intent to file a motion for sanctions. She is not to do so at this time. This order is without prejudice to her right to bring such a motion later in the case, hopefully after considered consultation with counsel. SO ORDERED., ( Motions due by 6/18/2020., Responses due by 7/2/2020, Replies due by 7/9/2020.) (Signed by Judge Paul A. Engelmayer on 5/21/2020) (ama)
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Filing 89
ORDER: The Court has received and reviewed the parties' joint letter, Dkt. 84, and proposed case management plan, Dkt. 85. Counsel are directed to appear for a conference May 21, 2020 at 2 p.m. Due to the current public health situation, that conference will be a telephonic conference. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with Chambers. (Telephone Conference set for 5/21/2020 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/15/2020) (jwh)
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Filing 88
ORDER FOR ADMISSION PRO HAC VICE OF GREGORY R. NARON granting #83 Motion for Gregory Naron to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 5/13/2020) (jwh)
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Filing 87
ORDER FOR ADMISSION PRO HAC VICE OF JACQUELINE A. GIANNINI granting #82 Motion for Jacqueline A. Giannini to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 5/13/2020) (jwh)
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Filing 86
ORDER FOR ADMISSION PRO HAC VICE OF NATALIE J. SPEARS granting #81 Motion for Natalie Spears to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 5/13/2020) (jwh)
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Filing 85
PROPOSED SCHEDULING ORDER. Document filed by William "Bill" Alpert, Dow Jones & Company, Inc...(Spears, Natalie)
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Filing 84
JOINT LETTER addressed to Judge Paul A. Engelmayer from Natalie Spears dated May 13, 2020 Document filed by William "Bill" Alpert, Dow Jones & Company, Inc...(Spears, Natalie)
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Filing 83
MOTION for Gregory Naron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19804072. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William "Bill" Alpert, Dow Jones & Company, Inc.. (Attachments: #1 Affidavit of Gregory Naron, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Naron, Gregory)
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Filing 82
MOTION for Jacqueline Giannini to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19803805. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William "Bill" Alpert, Dow Jones & Company, Inc.. (Attachments: #1 Affidavit of Jacqueline Giannini, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Giannini, Jacqueline)
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Filing 81
MOTION for Natalie Spears to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19803203. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William "Bill" Alpert, Dow Jones & Company, Inc.. (Attachments: #1 Affidavit of Natalie Spears, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Spears, Natalie)
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Filing 80
NOTICE OF APPEARANCE by Sandra Denise Hauser on behalf of William "Bill" Alpert, Dow Jones & Company, Inc...(Hauser, Sandra)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #81 MOTION for Natalie Spears to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19803203. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #82 MOTION for Jacqueline Giannini to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19803805. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #83 MOTION for Gregory Naron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19804072. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 79
LETTER addressed to Judge Paul A. Engelmayer from Teri Buhl dated 5/7/2020 re: I am requesting 60 days to secure pro bono legal counsel now that the case has move to New York. I have filed an application today with my journalist non-profit legal assistance committee, and as further specified in this letter. Document filed by Teri Buhl. (rjm)
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Filing 78
ORDER: The Court recently received this case from the Southern District of Florida. Dkt. 44. The parties are ordered to submit a joint letter, not to exceed three pages in length, by May 12, 2020, addressing the following topics in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) the history of the case, the current status of discovery, and the schedule that had been by the Southern District of Florida; (3) any contemplated motions; and (4) the prospect for settlement. Also by May 12, 2020, the parties are to submit a proposed Civil Case Management Plan and Scheduling Order, available at https://nysd.uscourts.gov/hon-paul-engelmayer. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/5/2020) (jca)
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Filing 77
CASE TRANSFERRED IN from the United States District Court - District of Florida Southern; Case Number: 0:19-cv-61370. Original file certified copy of transfer order and docket entries received. (sjo)
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Case Designated ECF. (sjo)
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Magistrate Judge Stewart D. Aaron 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
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Filing 76
ORDER Granting #40 Motion to Transfer Venue. Closing Case. Motions Terminated: #43 MOTION TO DISMISS #36 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue filed by Barron's, Inc.. Signed by Judge Rodney Smith on 5/1/2020. See attached document for full details. (jbs) [Transferred from Florida Southern on 5/4/2020.]
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Filing 75
PAPERLESS ORDER DENYING AS MOOT #62 Defendant's Motion to Compel (the "Motion"), based upon the parties' representation in #74 the Joint Status Report that Plaintiff has made an initial production of documents and "intends to make additional, rolling document productions" to be completed by April 30, 2020. ECF No. #74 at 2. Accordingly, the hearing scheduled for April 23, 2020 is CANCELLED. In accordance with the Federal and Local Rules, Defendant may seek additional relief related to the Motion, if necessary, after it has had an opportunity to review Plaintiff's production. Signed by Magistrate Judge Alicia O. Valle on 4/17/2020. (sd01) [Transferred from Florida Southern on 5/4/2020.]
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Filing 74
STATUS REPORT (Joint) by Barron's, Inc. (Attachments: #1 Exhibit A)(Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 73
Notice of Supplemental Authority re #40 MOTION to Dismiss for Lack of Jurisdiction #36 Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by William "Bill" Alpert, Barron's, Inc. (Attachments: #1 Exhibit A) (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 72
PAPERLESS ORDER granting #52 Motion to Join #50 Reply in support of #40 Motion to Dismiss. Signed by Judge Rodney Smith on 4/9/2020. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 71
AMENDED SCHEDULING ORDER: Jury Trial set for 11/23/2020 in Fort Lauderdale Division before Judge Rodney Smith. Calendar Call set for 11/17/2020 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith. Expert Discovery due by 8/14/2020. Fact Discovery due by 7/6/2020. Mediation Deadline 8/31/2020. In Limine Motions due by 10/12/2020. Dispositive Motions due by 8/21/2020. Motions due by 10/12/2020. Pretrial Stipulation due by 10/23/2020. Signed by Judge Rodney Smith on 4/9/2020. See attached document for full details. (dco) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 5/4/2020.]
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Filing 70
PAPERLESS ORDER granting in part #65 Motion for Extension of Time and Deadlines. Separate amended scheduling order to follow. Signed by Judge Rodney Smith on 4/9/2020. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 69
RESPONSE in Opposition re #62 Defendant's MOTION to Compel Plaintiff to Comply with Discovery , Request for Hearing on Discovery and Incorporated Memorandum of Law filed by Harvey J. Kesner. Replies due by 4/9/2020. (Buschel, Robert) [Transferred from Florida Southern on 5/4/2020.]
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Filing 68
Clerks Notice to Filer re #66 Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#67]. It is not necessary to refile this document. (lk) [Transferred from Florida Southern on 5/4/2020.]
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Filing 67
Notice of Adoption by William "Bill" Alpert, Barron's, Inc. Related document: #65 Joint MOTION for Extension of Time of Discovery Cutoff Deadline filed by Harvey J. Kesner. See image at DE #66 (lk) [Transferred from Florida Southern on 5/4/2020.]
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Set/Reset Deadlines/Hearings as per DE #64 : Response due by 4/2/2020. Status Report due by 4/16/2020. (lk) [Transferred from Florida Southern on 5/4/2020.]
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Filing 66
NOTICE by William "Bill" Alpert, Barron's, Inc. re #65 Joint MOTION for Extension of Time of Discovery Cutoff Deadline MOTION for Extension of Time extend pretrial deadlines re #33 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, of Defendants' Joinder in Motion to Extend Pretrial Deadlines (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 65
Joint MOTION for Extension of Time of Discovery Cutoff Deadline , MOTION for Extension of Time extend pretrial deadlines re #33 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, ( Responses due by 4/15/2020) by Harvey J. Kesner. (Attachments: #1 Affidavit Declaration of Steven S. Biss, #2 Text of Proposed Order)(Buschel, Robert) [Transferred from Florida Southern on 5/4/2020.]
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Filing 64
PAPERLESS ORDER SETTING HEARING ON #62 Defendant's Motion to Compel Plaintiff to Comply with Discovery and related relief (the "Motion"). Based on the undersigned's expedited discovery procedures, Plaintiff's response to the Motion is due by Thursday, April 2, 2020. By Friday, April 10, 2020, the parties are to confer (using video or telephone conferencing) in a good faith effort to resolve the Motion. Further, the Motion is tentatively set for a telephonic hearing on Thursday, April 23, 2020 at 2:00 p.m. In advance of the hearing, the parties must file a Joint Status report by April 16, 2020. The Joint Status Report must set forth the following information for the unresolved issues, including: (i) the verbatim discovery request; (ii) the verbatim discovery response; (iii) a brief summary of each party's position, with one issue per page; and (iv) the result of the parties' conferral. The parties should attempt to group the discovery requests by issue, as appropriate. This information must be presented in chart form as set forth in Exhibit 1. Upon review of the Joint Status Report, the Court will confirm the hearing and telephone dial-in instructions. Signed by Magistrate Judge Alicia O. Valle on 4/1/2020. (sd01) [Transferred from Florida Southern on 5/4/2020.]
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Filing 63
Joint NOTICE of Mediator Selection and Hearing. Selected/Added John Salmon as Mediator. Mediation Hearing set for 7/23/2020. (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 62
Defendant's MOTION to Compel Plaintiff to Comply with Discovery , Request for Hearing on Discovery and Incorporated Memorandum of Law by Barron's, Inc.. Responses due by 4/9/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 61
PAPERLESS ORDER granting #46 Motion to Join #40 Motion to Dismiss. Signed by Judge Rodney Smith on 3/24/2020. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 60
PAPERLESS ORDER denying #55 Motion to Stay Discovery, or in the Alternative, Extension of Pretrial Deadlines. Signed by Judge Rodney Smith on 3/24/2020. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 59
PAPERLESS ORDER granting nunc pro tunc #56 Motion for Extension of Time to Set Mediation Date. The deadline for the parties to file a notice of selection of mediator and set a date for mediation is extended to March 27, 2020. Signed by Judge Rodney Smith on 3/24/2020. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 58
REPLY to #55 Defendant's MOTION to Stay Discovery, or in the Alternative, Extension of Pretrial Deadlines, and Incorporated Memorandum of Law by William "Bill" Alpert, Barron's, Inc.. (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 57
Clerks Notice to Filer re #56 Joint MOTION for Extension of Time to Set Mediation Date re #33 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,,. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) [Transferred from Florida Southern on 5/4/2020.]
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Filing 56
Joint Motion for Extension of Time to Mediate /Set Mediation Date by William "Bill" Alpert, Barron's, Inc.. Responses due by 3/23/2020 (Fugate, Rachel) Modified Relief on 3/10/2020 (ls). [Transferred from Florida Southern on 5/4/2020.]
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Filing 55
Defendant's MOTION to Stay Discovery, or in the Alternative, Extension of Pretrial Deadlines, and Incorporated Memorandum of Law by William "Bill" Alpert, Barron's, Inc.. Responses due by 3/16/2020 (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 54
Notice of Supplemental Authority re #40 MOTION to Dismiss for Lack of Jurisdiction #36 Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law, #43 MOTION TO DISMISS #36 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue by William "Bill" Alpert, Barron's, Inc. (Attachments: #1 Exhibit A) (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 53
Notification of Ninety Days Expiring by William "Bill" Alpert, Barron's, Inc. re #40 MOTION to Dismiss for Lack of Jurisdiction #36 Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law filed by William "Bill" Alpert, #43 MOTION TO DISMISS #36 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue filed by Barron's, Inc. (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 52
MOTION to Join #50 Reply Memorandum by Teri Buhl. (ar2) [Transferred from Florida Southern on 5/4/2020.]
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Filing 51
MEMORANDUM in Support re #43 MOTION TO DISMISS #36 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue by Barron's, Inc.. (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 50
MEMORANDUM in Support re #40 MOTION to Dismiss for Lack of Jurisdiction #36 Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by William "Bill" Alpert. (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 49
RESPONSE in Opposition re #40 MOTION to Dismiss for Lack of Jurisdiction #36 Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law filed by Harvey J. Kesner. Replies due by 10/21/2019. (Attachments: #1 Affidavit Declaration of Harvey J. Kessner)(Buschel, Robert) [Transferred from Florida Southern on 5/4/2020.]
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Filing 48
RESPONSE in Opposition re #43 MOTION TO DISMISS #36 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue filed by Harvey J. Kesner. Replies due by 10/21/2019. (Buschel, Robert) [Transferred from Florida Southern on 5/4/2020.]
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Filing 47
SWORN DECLARATION of Teri Buhl in Support of #40 Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law filed by Teri Buhl. (ar2) [Transferred from Florida Southern on 5/4/2020.]
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Filing 46
MOTION to Join #40 Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by Teri Buhl. (ar2) [Transferred from Florida Southern on 5/4/2020.]
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Filing 45
AFFIDAVIT signed by : Natalie J. Spears. re #43 MOTION TO DISMISS #36 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue by Barron's, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 44
AFFIDAVIT signed by : Rachel E. Fugate. re #43 MOTION TO DISMISS #36 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue by Barron's, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 43
MOTION TO DISMISS #36 Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue by Barron's, Inc.. Responses due by 10/15/2019 (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 42
AFFIDAVIT signed by : William Alpert. re #40 MOTION to Dismiss for Lack of Jurisdiction #36 Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by William "Bill" Alpert (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 41
AFFIDAVIT signed by : Bob Rose. re #40 MOTION to Dismiss for Lack of Jurisdiction #36 Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by William "Bill" Alpert (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 40
MOTION to Dismiss for Lack of Jurisdiction #36 Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by William "Bill" Alpert. Responses due by 10/15/2019 (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 39
PAPERLESS ORDER granting #38 Motion for Clarification. As first instructed in the Court's #33 September 6, 2019 Scheduling Order, and as reminded in the Court's 37 September 16, 2019 Order, "multiple Plaintiffs or Defendants shall file joint dispositive motions with co-parties, unless there are clear conflicts of positions or grounds for relief." As it pertains to responses to the #36 Amended Complaint, Defendant Buhl is permitted to file a responsive motion separately from Defendants Dow Jones and Company, Inc. and Bill Alpertto so long as there are indeed "clear conflicts of positions or grounds for relief." However, if there are no such conflicts of position or grounds for relief, defense counsel is expected to confer with pro se Defendant in order to draft and submit a joint motion with their co-party. Signed by Judge Rodney Smith on 9/23/2019. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 38
MOTION for clarification 37 Order on Motion to Change Venue,, Order on Motion to Dismiss,, Order on Motion to Dismiss for Failure to State a Claim, by William "Bill" Alpert, Barron's, Inc.. Responses due by 10/3/2019 (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 37
PAPERLESS ORDER denying as moot #19 #21 #24 Motions to Dismiss, in light of the filing of the #36 Amended Complaint.The parties are reminded that, going forward, multiple Plaintiffs or Defendants must file joint dispositive motions with co-parties unless there are clear conflicts of positions or grounds for relief. Signed by Judge Rodney Smith on 9/17/2019. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 36
AMENDED COMPLAINT against Harvey J. Kesner, filed by Harvey J. Kesner.(Buschel, Robert) [Transferred from Florida Southern on 5/4/2020.]
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Set/Reset Deadlines/Hearings as per DE #33 : In Limine Motions due by 10/12/2020. (lk) [Transferred from Florida Southern on 5/4/2020.]
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Filing 35
PAPERLESS ORDER granting #31 Motion for Extension of Time. Defendants' Replies in support of their #21 #24 Motions to Dismiss are due by no later than September 19, 2019. Replies due by 9/19/2019. Signed by Judge Rodney Smith on 9/6/2019. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 34
ORDER OF REFERRAL TO MEDIATION. Mediator Selection Deadline 3/9/2020. Mediation Deadline 8/31/2020. Signed by Judge Rodney Smith on 9/6/2019. See attached document for full details. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 33
SCHEDULING ORDER: ( Jury Trial set for 11/9/2020 in Fort Lauderdale Division before Judge Rodney Smith., Calendar Call set for 11/3/2020 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith., Amended Pleadings due by 10/7/2019., Expert Discovery due by 6/15/2020., Fact Discovery due by 5/4/2020., Joinder of Parties due by 10/7/2019., Mediation Deadline 8/31/2020., Dispositive Motions due by 6/22/2020., Motions due by 10/12/2020., Pretrial Stipulation due by 10/12/2020.), ORDER REFERRING CASE to the Honorable Alicia O. Valle, United States Magistrate Judge, for non-dispositive pretrial motions. Signed by Judge Rodney Smith on 9/6/2019. (dco) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. Modified on 9/17/2019 (pm). [Transferred from Florida Southern on 5/4/2020.]
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Filing 32
Joint Election to Jurisdiction for Final Disposition of Motions . Filed by William "Bill" Alpert, Barron's, Inc. (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 31
Unopposed MOTION for Extension of Time to File Response/Reply/Answer in Further Support of Their Motions to Dismiss by William "Bill" Alpert, Barron's, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 30
Plaintiff's Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Harvey J. Kesner (Buschel, Robert) [Transferred from Florida Southern on 5/4/2020.]
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Filing 29
Joint SCHEDULING REPORT - Rule 26(f) by Harvey J. Kesner (Attachments: #1 Text of Proposed Order)(Buschel, Robert) [Transferred from Florida Southern on 5/4/2020.]
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Filing 28
NOTICE by Barron's, Inc. re #26 Affidavit, NOTICE OF CORRECTED FILING (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 27
Corporate Disclosure Statement by Barron's, Inc. identifying Corporate Parent Dow Jones & Company, Inc. for Barron's, Inc. (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 26
AFFIDAVIT signed by : Natalie J. Spears. re #24 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , or for Improper Venue, or in the Alternative to Transfer Venue, and Incorporated Memorandum of Law by Barron's, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 25
AFFIDAVIT signed by : Rachel E. Fugate. re #24 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , or for Improper Venue, or in the Alternative to Transfer Venue, and Incorporated Memorandum of Law by Barron's, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 24
Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , or for Improper Venue, or in the Alternative to Transfer Venue, and Incorporated Memorandum of Law by Barron's, Inc.. Responses due by 9/9/2019 (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 23
AFFIDAVIT signed by : William Alpert. re #21 Defendant's MOTION to Dismiss #1 Complaint, or in the Alternative, to Transfer and Incorporated Memorandum of Law by William "Bill" Alpert (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 22
AFFIDAVIT signed by : Bob Rose. re #21 Defendant's MOTION to Dismiss #1 Complaint, or in the Alternative, to Transfer and Incorporated Memorandum of Law by William "Bill" Alpert (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 21
Defendant's MOTION to Dismiss #1 Complaint, or in the Alternative, to Transfer and Incorporated Memorandum of Law by William "Bill" Alpert. Responses due by 9/9/2019 (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 20
Sworn Declaration of Teri Buhl in Support of #19 Alternative Motion to Transfer Venue filed by Teri Buhl. (ar2) [Transferred from Florida Southern on 5/4/2020.]
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Filing 19
ALTERNATIVE MOTION to Transfer Venue and Memorandum of Law by Teri Buhl. Responses due by 9/9/2019 (ar2) [Transferred from Florida Southern on 5/4/2020.]
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Filing 18
PAPERLESS ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Natalie J. Spears. Signed by Judge Rodney Smith on 8/23/2019. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 17
PAPERLESS ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Gregory R. Naron. Signed by Judge Rodney Smith on 8/23/2019. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 16
PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jacqueline A. Giannini. Signed by Judge Rodney Smith on 8/23/2019. (dco)[Transferred from Florida Southern on 5/4/2020.]
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Filing 15
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Natalie J. Spears. Filing Fee $ 75.00 Receipt # 113C-11928918 by William "Bill" Alpert, Barron's, Inc.. Responses due by 9/6/2019 (Attachments: #1 Text of Proposed Order)(Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 14
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory R. Naron. Filing Fee $ 75.00 Receipt # 113C-11928892 by William "Bill" Alpert, Barron's, Inc.. Responses due by 9/6/2019 (Attachments: #1 Text of Proposed Order)(Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 13
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jacqueline A. Giannini. Filing Fee $ 75.00 Receipt # 113C-11928795 by William "Bill" Alpert, Barron's, Inc.. Responses due by 9/6/2019 (Attachments: #1 Text of Proposed Order)(Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 12
NOTICE of Attorney Appearance by Kendall Obreza Pfeifer on behalf of William "Bill" Alpert, Barron's, Inc.. Attorney Kendall Obreza Pfeifer added to party William "Bill" Alpert(pty:dft), Attorney Kendall Obreza Pfeifer added to party Barron's, Inc.(pty:dft). (Pfeifer, Kendall) [Transferred from Florida Southern on 5/4/2020.]
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Filing 11
NOTICE of Attorney Appearance by Rachel Elise Fugate on behalf of William "Bill" Alpert, Barron's, Inc.. Attorney Rachel Elise Fugate added to party William "Bill" Alpert(pty:dft), Attorney Rachel Elise Fugate added to party Barron's, Inc.(pty:dft). (Fugate, Rachel) [Transferred from Florida Southern on 5/4/2020.]
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Filing 10
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT. Joint Scheduling Report due by 9/6/2019. Signed by Judge Rodney Smith on 7/24/2019. See attached document for full details. (dco) [Transferred from Florida Southern on 5/4/2020.]
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Filing 9
WAIVER OF SERVICE Returned Executed by Harvey J. Kesner. Teri Buhl waiver sent on 6/27/2019, answer due 8/26/2019. (Buschel, Robert) [Transferred from Florida Southern on 5/4/2020.]
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Filing 8
WAIVER OF SERVICE Returned Executed by Harvey J. Kesner. Barron's, Inc. waiver sent on 6/27/2019, answer due 8/26/2019. (Buschel, Robert) [Transferred from Florida Southern on 5/4/2020.]
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Filing 7
WAIVER OF SERVICE Returned Executed by Harvey J. Kesner. William "Bill" Alpert waiver sent on 6/27/2019, answer due 8/26/2019. (Buschel, Robert) [Transferred from Florida Southern on 5/4/2020.]
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Filing 6
CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Alicia O. Valle added. Magistrate Judge Patrick M. Hunt no longer assigned to case. Signed by Magistrate Judge Patrick M. Hunt on 6/19/2019. See attached document for full details. (bms) [Transferred from Florida Southern on 5/4/2020.]
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Filing 5
ORDER OF REASSIGNMENT to Judge Rodney Smith for all further proceedings, Judge Robert N. Scola, Jr no longer assigned to case. Signed by Judge Robert N. Scola, Jr on 6/17/2019. See attached document for full details. (yar) [Transferred from Florida Southern on 5/4/2020.]
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Patrick M. Hunt for Discovery and Scheduling Conference matters. Signed by Judge Robert N. Scola, Jr on 6/3/2019. See attached document for full details. (lk) [Transferred from Florida Southern on 5/4/2020.]
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Filing 3
Summons Issued as to William "Bill" Alpert, Barron's, Inc., Teri Buhl. (ar2) [Transferred from Florida Southern on 5/4/2020.]
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Filing 2
Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ar2) [Transferred from Florida Southern on 5/4/2020.]
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11691634, filed by Harvey Kesner. (Attachments: #1 Exhibit Letter to Barron's, #2 Exhibit Letter to Buhl, #3 Civil Cover Sheet, #4 Summon(s) Alpert, #5 Summon(s) Barron's, #6 Summon(s) Buhl)(Buschel, Robert) [Transferred from Florida Southern on 5/4/2020.]
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