Nunes v. Cable News Network, Inc.
Plaintiff: Devin G. Nunes
Defendant: Cable News Network Inc
Case Number: 1:2020cv03976
Filed: May 22, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Laura Taylor Swain
Referring Judge: Ona T Wang
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 March 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2021 USCA Case Number 21-637 from the U.S. Court of Appeals, Second Circuit assigned to #50 Notice of Appeal filed by Devin G. Nunes..(nd)
March 29, 2021 Appeal Fee Payment: for #50 Notice of Appeal. Filing fee $ 505.00, receipt number ANYSDC-24322194..(Biss, Steven)
March 22, 2021 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #50 Notice of Appeal. (tp)
March 22, 2021 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #50 Notice of Appeal filed by Devin G. Nunes were transmitted to the U.S. Court of Appeals. (tp)
March 19, 2021 Filing 50 NOTICE OF APPEAL from #49 Clerk's Judgment, #48 Memorandum & Opinion,. Document filed by Devin G. Nunes. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Biss, Steven) Modified on 3/22/2021 (tp).
February 19, 2021 Filing 49 CLERK'S JUDGMENT re: #48 Memorandum & Opinion in favor of Cable News Network Inc against Devin G. Nunes. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated February 19, 2021, CNN's motion to dismiss the Amended Complaint is granted in its entirety; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 2/19/2021) (Attachments: #1 Right to Appeal) (km)
February 19, 2021 Opinion or Order Filing 48 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, CNN's motion to dismiss the Amended Complaint is granted in its entirety. This Memorandum Opinion and Order resolves docket entry no. 21. The Clerk of Court is respectfully directed to enter judgment dismissing the Amended Complaint and to close this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/19/2021) (ama) Transmission to Orders and Judgments Clerk for processing. (Main Document 48 replaced on 2/19/2021) (ama).
February 10, 2021 Opinion or Order Filing 47 ORDER denying as moot #45 Letter Motion for Conference. This case is no longer assigned to Judge Wood. Moreover, the parties did not seek oral argument on their motion to dismiss at the time that motion was filed, or at the time they filed their supplemental briefs on this issue. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (Wang, Ona)
October 8, 2020 NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Kimba M. Wood is no longer assigned to the case..(wb)
August 21, 2020 Filing 46 LETTER RESPONSE in Opposition to Motion addressed to Judge Kimba M. Wood from Stephen J. Fuzesi dated 08/21/2020 re: #45 LETTER MOTION for Conference addressed to Judge Kimba M. Wood from Steven S. Biss dated August 18, 2020. . Document filed by Cable News Network Inc..(Fuzesi, Stephen)
August 18, 2020 Filing 45 LETTER MOTION for Conference addressed to Judge Kimba M. Wood from Steven S. Biss dated August 18, 2020. Document filed by Devin G. Nunes..(Biss, Steven)
August 14, 2020 Filing 44 SUPPLEMENTAL BRIEF re: #21 MOTION to Dismiss for Failure to State a Claim , #43 Memorandum of Law in Opposition to Motion . Document filed by Cable News Network Inc..(Fuzesi, Stephen)
July 22, 2020 NOTICE OF CASE REASSIGNMENT to Judge Kimba M. Wood. Judge Laura Taylor Swain is no longer assigned to the case..(wb)
July 20, 2020 Filing 43 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss for Failure to State a Claim . Document filed by Devin G. Nunes..(Biss, Steven)
July 10, 2020 Opinion or Order Filing 42 ORDER granting #41 Motion for Steven Scott Biss to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (aww) Transmission to Docket Assistant Clerk for processing.
July 10, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 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)
July 9, 2020 Filing 41 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 Devin G. Nunes. (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)
June 30, 2020 Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Initial Pretrial Conference held on 6/30/2020. (Quinn, Diane)
June 30, 2020 Opinion or Order Filing 40 ORDER: The parties appeared before the undersigned for an initial case management conference on June 30, 2020. As directed at the conference, Plaintiff is ordered to submit supplement briefing to the pending motion to dismiss the amended complaint (ECF 21) by July 20, 2020, and Defendant is to respond by August 14, 2020. Further, discovery in this action is STAYED pending a decision on the motion to dismiss. If the motion to dismiss is granted in part or denied, the parties are directed to submit a case management plan to this Court within seven (7) days of the decision on the motion to dismiss. SO ORDERED. ( Responses due by 8/14/2020.) (Signed by Magistrate Judge Ona T. Wang on 6/30/2020) (va)
June 30, 2020 Filing 39 AFFIDAVIT of Steven S. Biss in Support re: #38 MOTION for Steven S. Biss to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Devin G. Nunes..(Biss, Steven)
June 29, 2020 Filing 38 MOTION for Steven S. Biss to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Devin G. Nunes. (Attachments: #1 certificate of good standing, #2 affidavit, #3 text of order).(Zenilman, Jeremy)
June 29, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #38 MOTION for Steven S. Biss to Appear Pro Hac Vice . 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 Virgina Supreme; the filing fee was not paid;. 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. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (laq)
June 29, 2020 Pro Hac Vice Fee Due: for #38 MOTION for Steven S. Biss to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff...(laq)
June 29, 2020 Pro Hac Vice Fee Payment: for #38 MOTION for Steven S. Biss to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number BNYSDC-20467274..(Zenilman, Jeremy)
June 23, 2020 Filing 37 LETTER addressed to Magistrate Judge Ona T. Wang from Stephen J. Fuzesi dated 06/23/2020 re: Initial Case Management Scheduling Dispute. Document filed by Cable News Network Inc..(Fuzesi, Stephen)
June 23, 2020 Filing 36 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Devin G. Nunes..(Zenilman, Jeremy)
June 17, 2020 Opinion or Order Filing 35 ORDER denying without prejudice #32 Letter Motion for Local Rule 37.2 Conference. The Court is in receipt of Defendant's letter motion requesting a Local Rule 37.2 Conference. (ECF 32). The motion is DENIED WITHOUT PREJUDICE. Parties should be prepared to discuss the substance of their June 10, 2020 (ECF 32) and June 15, 2020 (ECF 34) letters at the June 30, 2020 initial case management conference. Parties are directed to consult ECF 31. The Clerk of Court is directed to close ECF 32. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 6/17/2020) (rro)
June 15, 2020 Filing 34 LETTER RESPONSE to Motion addressed to Magistrate Judge Ona T. Wang from Jeremy Zenilman, counsel for Devin G. Nunes dated 6/15/2020 re: #32 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Ona T. Wang from Stephen J. Fuzesi dated 06/10/2020. . Document filed by Devin G. Nunes..(Zenilman, Jeremy)
June 15, 2020 Filing 33 NOTICE OF APPEARANCE by Jeremy Zenilman on behalf of Devin G. Nunes..(Zenilman, Jeremy)
June 10, 2020 Filing 32 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Ona T. Wang from Stephen J. Fuzesi dated 06/10/2020. Document filed by Cable News Network Inc..(Fuzesi, Stephen)
June 8, 2020 Opinion or Order Filing 31 INITIAL CASE MANAGEMENT CONFERENCE ORDER: This matter has now been assigned to me for general pretrial. An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Tuesday, June 30, 2020 at 3:30 pm via telephone. The dial in information is (866) 390-1828, access code 1582687. Counsel who have entered an appearance as of the date of this order are directed to notify all other parties' attorneys in this action by serving upon each of them a copy of this order. If unaware of the identity of counsel for any of the parties, counsel receiving this order must send a copy of this order to that party personally and further set forth in this Order. (Initial Conference set for 6/30/2020 at 03:30 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 6/8/2020) (rro)
June 3, 2020 Opinion or Order Filing 30 ORDER OF REFERENCE TO A 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 Ona T. Wang. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/03/2020) (ama)
May 22, 2020 Filing 29 CASE TRANSFERRED IN from the United States District Court - District of Virginia Eastern; Case Number: 3:19-cv-00889. Original file certified copy of transfer order and docket entries received. (sjo)
May 22, 2020 Opinion or Order Filing 28 ORDER that the Defendant Cable News Network, Inc.'s MOTION TO TRANSFER (ECF No. #14 ) is granted. It is further ORDERED that the Clerk shall transfer this action to the Southern District of New York. It is further ORDERED that the facts and legal contentions are adequately presented in the materials before the Court and oral argument would not aid the decisional process. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 5/21/2020. (sbea,) [Transferred from Virginia Eastern on 5/22/2020.]
May 22, 2020 Filing 27 MEMORANDUM OPINION. See Opinion for details. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 5/21/2020. (sbea,) [Transferred from Virginia Eastern on 5/22/2020.]
May 22, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Laura Taylor Swain. 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)
May 22, 2020 Magistrate Judge Ona T. Wang 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)
May 22, 2020 Case transferred to District of Southern District of New York. Original file, Copy of Transfer Order, and Docket Report sent. (sbea,) [Transferred from Virginia Eastern on 5/22/2020.]
May 22, 2020 Case Designated ECF. (sjo)
May 22, 2020 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)
March 12, 2020 Filing 26 REPLY to Response to Motion re #21 MOTION to Dismiss for Failure to State a Claim filed by Cable News Network, Inc.. (Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
March 2, 2020 Filing 25 RESPONSE in Opposition re: #21 MOTION to Dismiss for Failure to State a Claim filed by Devin G. Nunes. (Biss, Steven) Modified docket text on 3/3/2020 (jsau, ). [Transferred from Virginia Eastern on 5/22/2020.]
February 28, 2020 Filing 24 REPLY to Response to Motion re #14 MOTION to Transfer Case filed by Cable News Network, Inc.. (Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
February 21, 2020 Filing 23 ANSWER to Complaint by Cable News Network, Inc..(Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
February 21, 2020 Filing 22 Memorandum in Support re #21 MOTION to Dismiss for Failure to State a Claim filed by Cable News Network, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
February 21, 2020 Filing 21 MOTION to Dismiss for Failure to State a Claim by Cable News Network, Inc.. (Attachments: #1 Proposed Order)(Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
February 20, 2020 Filing 20 RESPONSE in Opposition re #14 MOTION to Transfer Case filed by Devin G. Nunes. (Biss, Steven) Modified docket text on 2/21/2020 (jsau, ). [Transferred from Virginia Eastern on 5/22/2020.]
February 12, 2020 Opinion or Order Filing 19 ORDER. It is hereby ORDERED that: (1) The Defendant's MOTION TO DISMISS COMPLAINT #13 is DENIED AS MOOT; (2) The Defendant shall file its answer and motion to dismiss by February 21, 2020; (3) The Plaintiff shall file a response brief by March 2, 2020; (4) The Defendant shall file a reply brief by March 12, 2020; (5) The Plaintiff shall also file a response brief to the Defendant's MOTION TO TRANSFER #14 by February 20, 2020; and (6) The Defendant shall file a reply brief by February 28, 2020. It is SO ORDERED. Signed by District Judge Robert E. Payne on 2/12/20. (jsau, ) [Transferred from Virginia Eastern on 5/22/2020.]
February 11, 2020 Minute Entry for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 2/11/2020. (Court Reporter Peppy Peterson, OCR.) (nbrow) [Transferred from Virginia Eastern on 5/22/2020.]
February 7, 2020 Filing 18 AMENDED COMPLAINT against Cable News Network, Inc., filed by Devin G. Nunes.(Biss, Steven) [Transferred from Virginia Eastern on 5/22/2020.]
January 22, 2020 Opinion or Order Filing 17 ORDER granting #12 Motion for Kevin T. Baine to appear Pro hac vice for Cable News Network, Inc. Signed by District Judge Robert E. Payne on 1/22/20. (jsau, ) [Transferred from Virginia Eastern on 5/22/2020.]
January 21, 2020 Filing 16 Memorandum in Support re #14 MOTION to Transfer Case filed by Cable News Network, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
January 21, 2020 Filing 15 Memorandum in Support re #13 MOTION to Dismiss for Failure to State a Claim filed by Cable News Network, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
January 21, 2020 Notice of Correction re: #14 MOTION to Transfer Case, #13 MOTION to Dismiss for Failure to State a Claim. Filing attorney notified of correct procedures when filing a Motion and Memorandum in Support. Attorney directed to re-file the Memorandum for each motion and link each document back to the correct Motion. (jsau, ) [Transferred from Virginia Eastern on 5/22/2020.]
January 17, 2020 Filing 14 MOTION to Transfer Case by Cable News Network, Inc.. (Attachments: #1 Memorandum of Law, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
January 17, 2020 Filing 13 MOTION to Dismiss for Failure to State a Claim by Cable News Network, Inc.. (Attachments: #1 Memorandum of Law, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
January 17, 2020 Filing 12 Motion to appear Pro Hac Vice by Kevin T. Baine and Certification of Local Counsel Emily Rose Filing fee $ 75, receipt number 0422-7031158. by Cable News Network, Inc.. (Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
December 30, 2019 Opinion or Order Filing 11 ORDER granting #8 Motion for Stephen Fuzesi to appear Pro hac vice for Cable News Network, Inc. Signed by District Judge Robert E. Payne on 12/30/19. (jsau, ) [Transferred from Virginia Eastern on 5/22/2020.]
December 23, 2019 Opinion or Order Filing 10 ORDER. It is hereby ORDERED that the CONSENT MOTION TO EXTEND DEADLINE TO RESPOND #9 is granted with modification. It is further ORDERED that the defendant shall file its Answer and any other motions with respect to the Complaint by January 17, 2020. It is SO ORDERED. Signed by District Judge Robert E. Payne on 12/20/19. (jsau, ) [Transferred from Virginia Eastern on 5/22/2020.]
December 18, 2019 Filing 9 Consent MOTION for Extension of Time to File Responsive Pleading by Cable News Network, Inc. (Attachments: #1 Proposed Order)(Butswinkas, Dane) Modified docket text on 12/19/2019 (jsau, ). [Transferred from Virginia Eastern on 5/22/2020.]
December 18, 2019 Filing 8 Motion to appear Pro Hac Vice by Stephen J. Fuzesi and Certification of Local Counsel Emily Rose Filing fee $ 75, receipt number 0422-6992082. by Cable News Network, Inc.. (Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
December 18, 2019 Filing 7 Corporate Disclosure Statement by Cable News Network, Inc.. (Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
December 18, 2019 Filing 6 NOTICE of Appearance by Dane Hal Butswinkas on behalf of Cable News Network, Inc. (Butswinkas, Dane) [Transferred from Virginia Eastern on 5/22/2020.]
December 5, 2019 Filing 5 SUMMONS Returned Executed by Devin G. Nunes Cable News Network, Inc. served on 12/5/2019, answer due 12/26/2019 (Biss, Steven) [Transferred from Virginia Eastern on 5/22/2020.]
December 3, 2019 Filing 4 Summons Issued as to Cable News Network, Inc.. NOTICE TO ATTORNEY: Remove header and print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (tjoh, ) [Transferred from Virginia Eastern on 5/22/2020.]
December 3, 2019 Filing 3 Financial Interest Disclosure Statement (Local Rule 7.1) by Devin G. Nunes. (Biss, Steven) [Transferred from Virginia Eastern on 5/22/2020.]
December 3, 2019 Filing 2 Proposed Summons re #1 Complaint by Devin G. Nunes. (Biss, Steven) [Transferred from Virginia Eastern on 5/22/2020.]
December 3, 2019 Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6966149.), filed by Devin G. Nunes. (Attachments: #1 Civil Cover Sheet)(Biss, Steven) (Main Document 1 replaced on 12/3/2019) (tjoh, ). [Transferred from Virginia Eastern on 5/22/2020.]
December 3, 2019 Initial Case Assignment to District Judge Robert E. Payne. (tjoh, ) [Transferred from Virginia Eastern on 5/22/2020.]

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Defendant: Cable News Network Inc
Represented By: Stephen Fuzesi
Represented By: Kevin T. Baine
Represented By: Diane H. Butswinkas
Represented By: Stephen Joseph Fuzesi
Represented By: Kevin Taylor Baine
Represented By: Dane Hal Butswinkas
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Plaintiff: Devin G. Nunes
Represented By: Steven Scott Biss
Represented By: Jeremy Zenilman
Represented By: Steven S Biss
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