Roker v. Twentieth Century Fox et al
Plaintiff: Damond J. Roker, Sr., D.J. Roker and Damond J. Roker, Sr. d/b/a Bishop DJ Roker also known as D.J. Roker
Defendant: Fox Channel 13 (Mempis), Fox Television Stations, Inc. d/b/a Fox Channel 13(Fox 13) doing business as WHBQ-TV, Cox Media Group, Inc. d/b/a Fox 13 doing business as WHBQ-TV, Fox 13, Kim Guthrie, Twentieth Century Fox, Fox Broadcasting Company, Fox Broadcasting Company/Fox Television Stations, Inc. d/b/a WHBQ-TV, Fox Channel 13, 1211 Ave. of the Americas, New York, NY 10036, Brett Fennell, Fox Broadcasting Company/Fox Television Stations, Inc. d/b/a WHBQ-TV/Fox 13 (Memphis), Jean C. Fuentes, Cox Media Group, Inc. d/b/a WHBQ-TV, Fox 13 News doing business as WHBQ-TV, Fox 13, Cox Media Group Northeast, LLC d/b/a WHBQ-TV, FOX 13 and News Corporation
Case Number: 1:2020cv05350
Filed: July 7, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Colleen McMahon
Referring Judge: Louis L Stanton
Nature of Suit: Mandamus & Other
Cause of Action: 09 U.S.C. § 0011
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2021 Pro Se Payment of Fee Processed: $25.00 Check processed by the Finance Department on 07/07/2021, Receipt Number 465401282283. (bwi)
June 16, 2021 Received e-mail from the United States District Court - Western District of Tennessee acknowledging receipt of transferred case. Assigned Case Number: 2:21-cv-02411, filed on 06/16/2021. (sjo)
June 10, 2021 Mailed a copy of #35 Order to Damond J. Roker, Sr., #600497 at N.W.C.X, 960 State Route 212, Tiptonville, TN 38079. (kh)
June 9, 2021 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of Tennessee. (sac)
June 9, 2021 Opinion or Order Filing 35 TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Western District of Tennessee. A summons shall not issue from this Court. This order closes the case in the Southern District of New York. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Louis L. Stanton on 6/9/2021) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
June 8, 2021 Filing 34 PRO SE PLAINTIFF'S MOTION TO EFFECT SERVICE UPON THE DEFENDANTS VIA THE U.S. MARSHALS SERVICE. Document filed by Damond J. Roker, Sr.(sc)
June 8, 2021 Filing 33 MOTION(Application) FOR APPOINTMENT OF COUNSEL, re: for the Court to Request Counsel. Document filed by Damond J. Roker, Sr.(sc)
May 25, 2021 Filing 32 "THIRD" AMENDED COMPLAINT against Cox Media Group Northeast, LLC, Cox Media Group, Inc., Brett Fennell, Fox Broadcasting Company/Fox Television Stations, Inc., Jean C. Fuentes, Kim Guthrie, News Corporation, Twentieth Century Fox, re: amending #26 Amended Complaint, with JURY DEMAND.Document filed by Damond J. Roker, Sr. Related document: #26 Amended Complaint.(sc)
May 12, 2021 Pro Se Payment of Fee Processed: $25.00 Check processed by the Finance Department on 05/12/2021, Receipt Number 465401279270. (jgl)
April 30, 2021 Mailed a copy of #31 Order 30 Days Amended Complaint (case opening), Terminate Motions to Damond J. Roker, Sr., ID # 600497 at N.W.C.X, 960 State Route 212, Tiptonville, TN 38079. (kh)
April 28, 2021 Opinion or Order Filing 31 ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff's motion for the Court to appoint counsel (ECF 29) is denied, and his motion for leave to amend his complaint (ECF 28) is granted. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within thirty days of the date of this order, caption the document as a "Third Amended Complaint," and label the document with docket number 20-CV-5350 (LLS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the Court will deem the second amended complaint (ECF 16) the operative complaint. Motions terminated: #29 APPLICATION for the Court to Request Counsel, filed by Damond J. Roker, Sr.; #28 MOTION to Amend/Correct #16 Amended Complaint, filed by Damond J. Roker, Sr.; #21 APPLICATION for the Court to Request Counsel, filed by Damond J. Roker, Sr. (Signed by Judge Louis L. Stanton on 4/28/2021) (sac) Transmission to Docket Assistant Clerk for processing.
April 28, 2021 Pro Se Payment of Fee Processed: $50.00 Check processed by the Finance Department on 4/27/2021, Receipt Number 465401278535. (sw)
April 27, 2021 Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Damond J. Roker, Sr. #600497 N.W.C.X 960 State Route 212 Tiptonville, TN 38079 on 4/27/2021. (aan)
April 26, 2021 Filing 30 LETTER from D. Roker dated 4/21/21 re: STATUS ON PENDING MOTIONS, AND REQUEST FOR CIVIL SUMMONS(8 Copies). Document filed by Damond J. Roker, Sr.(sc)
April 26, 2021 Request for Copy of updated Docket Sheet Received: Re #30 Letter. Request for Docket Report, from D. Roker received on 4/26/21. Transmission to Pro Se Assistants for processing. (sc)
April 12, 2021 Filing 29 MOTION FOR THE APPOINTMENT OF COUNSEL. Document filed by Damond J. Roker, Sr.(sc)
March 9, 2021 Filing 28 MOTION FOR LEAVE TO AMEND, re: to Amend/Correct #16 Amended Complaint. Document filed by Damond J. Roker, Sr.(sc)
March 4, 2021 Filing 27 LETTER from D. Roker, dated 2/24/21 re: Please find enclosed for filing: "Right to Sue" Notice, received from the EEOC(as indicated). Document filed by Damond J. Roker, Sr.(sc)
January 28, 2021 Filing 26 (2nd) AMENDED COMPLAINT, re: amending #16 Amended Complaint, against Cox Media Group, Inc., Brett Fennell, Fox Broadcasting Company/Fox Television Stations, Inc., Jean C. Fuentes, Kim Guthrie, Twentieth Century Fox.Document filed by Damond J. Roker, Sr. Related document: #16 Amended Complaint.(sc)
January 28, 2021 Filing 25 SUPPLEMENT(Appendix)TO PLAINTIFF'S BREACH OF CONTRACT CLAIMS/APPLICABLE LAW. Document filed by Damond J. Roker, Sr.(sc)
January 20, 2021 Filing 24 SUPPLEMENT TO SECOND AMENDED COMPLAINT(Third Amended Complaint), re: amending #16 Amended Complaint, against Cox Media Group Inc., Brett Fennell, Fox Broadcasting Company/Fox Television Stations Inc., Jean C. Fuentes, Kim Guthrie, Twentieth Century Fox.Document filed by Damond J. Roker, Sr. Related document: #16 Amended Complaint.(sc)
January 14, 2021 Mailed a copy of #23 Order Reopening Case, Terminate Motions to Damond J. Roker, Sr., ID # 600497 at N.W.C.X, 960 State Route 212, Tiptonville, TN 38079. (kh)
January 13, 2021 Filing 22 LETTER addressed to Clerk from Damond J. Roker dated 12/30/2020 re: The Plaintiff filed with the Clerk of Court, a motion to reinstate case after seeking a voluntary dismissal in error pursuant to Fed.R.Civ.P.60(b). The Plaintiff also filed a motion to vacate the order to voluntarily dismiss his complaint...requests an update of the status of the case, and requests a copy of the civil docket of the same. Document filed by Damond J. Roker, Sr. (ok)
January 13, 2021 Request for Copies/Transcripts/Docket Sheet Received: Re #22 Letter. Request for Docket Report, from Damond J. Roker received on 1/13/2021. Transmission to Pro Se Assistants for processing. (ok)
January 13, 2021 Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Damond J. Roker, Sr. #600497 N.W.C.X 960 State Route 212 Tiptonville, TN 38079 on 1/13/2021. (aan)
October 2, 2020 Opinion or Order Filing 23 ORDER: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service onthe docket. Plaintiff's motions for reconsideration (ECF Nos. 19-20) are granted. The Clerk ofCourt is further directed to vacate the order of dismissal (ECF No. 15 ) and reopen this matter. This action shall proceed with the Second Amended Complaint (ECF No. 16) as the operative complaint. Motions terminated: #19 MOTION for Reconsideration re; #16 Amended Complaint, filed by Damond J. Roker, Sr.; #20 MOTION to Vacate #15 Order of Dismissal, filed by Damond J. Roker, Sr. (Signed by Judge Louis L. Stanton on 10/2/2020) (sac) Transmission to Docket Assistant Clerk for processing.
October 2, 2020 Filing 21 MOTION FOR THE APPOINTMENT OF COUNSEL, re: for the Court to Request Counsel. Document filed by Damond J. Roker, Sr.(sc)
October 1, 2020 Filing 20 PLAINTIFF'S MOTION TO VACATE THE ORDER TO VOLUNTARILY DISMISS HIS COMPLAINT, #15 Order of Dismissal. Document filed by Damond J. Roker, Sr.(sc)
October 1, 2020 Filing 19 PLAINTIFF'S MOTION TO REINSTATE CASE AFTER SEEKING A VOLUNTARY DISMISSAL IN ERROR (BY MISTAKE), re: for Reconsideration re; #16 Amended Complaint. Document filed by Damond J. Roker, Sr.(sc)
September 22, 2020 Filing 18 THIRD CAUSE OF ACTION - CLAIMS FOR EMOTIONAL DISTRESS(2nd Amended Complaint)/Intentional Infliction of Emotional Distress(IIED). Document filed by Damond J. Roker, Sr. (sc)
September 21, 2020 Filing 16 (2nd) AMENDED COMPLAINT, re: amending #3 Amended Complaint against Cox Media Group, Inc., Brett Fennell, Fox Broadcasting Company/Fox Television Stations, Inc., Kim Guthrie, Twentieth Century Fox, Jean C. Fuentes.Document filed by Damond J. Roker, Sr. Related document: #3 Amended Complaint.(sc)
September 18, 2020 Mailed a copy of #15 Order of Dismissal to Damond J. Roker, Sr., ID # 600497 at N.W.C.X, 960 State Route 212, Tiptonville, TN 38079. (kh)
September 17, 2020 Filing 17 SECOND CAUSE OF ACTION - DEFAMATION OF CHARACTER(2nd Amended Complaint); False-Light Invasion of Privacy; Libel. Document filed by Damond J. Roker, Sr. (sc) (Main Document 17 replaced on 9/23/2020) (sc).
September 17, 2020 Opinion or Order Filing 15 Vacated as per Judges Order dated 10/2/2020, Doc. #23 ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The complaint is voluntarily dismissed pursuant to Fed. R. Civ. P. 41(a). (Signed by Judge Louis L. Stanton on 9/17/2020) (nb) Transmission to Docket Assistant Clerk for processing. Modified on 1/13/2021 (sac).
September 15, 2020 Filing 14 MOTION TO VOLUNTARILY DISMISS CASE WITHOUT PREJUDICE. Document filed by Damond J. Roker, Sr..(sc)
September 10, 2020 Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Twentieth Century Fox(Fox Corp.),Fox Broadcasting Co./ Fox Television Stations, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Damond J. Roker, Sr. (sc)
September 10, 2020 Transmission to Pro Se Assistants. Transmitted re: #13 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc)
September 9, 2020 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Cox Media Group, Inc., re: #3 Amended Complaint. Document filed by Damond J. Roker, Sr. (sc)
September 9, 2020 Transmission to Pro Se Assistants. Transmitted re: #12 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc)
August 25, 2020 Mailed a copy of #11 Order 60 Days Amended Complaint (case opening), Terminate Motions to Damond J. Roker, Sr., ID # 600497 at N.W.C.X, 960 State Route 212, Tiptonville, TN 38079. (kh)
August 24, 2020 Opinion or Order Filing 11 ORDER TO AMEND: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court denies Plaintiff request for pro bono counsel, without prejudice to renewal of his application.Plaintiff is granted leave to file a second amended complaint that complies with the standards set forth above. Plaintiff must submit the second amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as a Second Amended Complaint, and label the document with docket number 20-CV-5350 (LLS). A Second Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the federal claims in the amended complaint will be dismissed for failure to state a claim upon which relief may be granted, and the Court will consider whether to transfer the state law claims to the United States District Court for the Western District of Tennessee under 28 U.S.C. 1406. (Signed by Judge Louis L. Stanton on 8/25/2020) (nb) Transmission to Docket Assistant Clerk for processing.
August 19, 2020 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Colleen McMahon is no longer assigned to the case..(wb)
August 12, 2020 Filing 10 MOTION TO COMPEL ARBITRATION. Document filed by Damond J. Roker, Sr.(sc)
August 12, 2020 Filing 9 PRISONER AUTHORIZATION. Document filed by Damond J. Roker, Sr.(sc)
August 10, 2020 Mailed a copy of #8 Order Granting IFP Application in Prisoner Case to Damond J. Roker, Sr., #600497, and Kevin Genovese, Warden of Northwest Correctional Complex, at N.W.C.X, 960 State Route 212, Tiptonville, TN 38079. (kh)
August 7, 2020 Opinion or Order Filing 8 ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Colleen McMahon on 8/7/2020) (vn) Transmission to Docket Assistant Clerk for processing.
July 28, 2020 Filing 7 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Damond J. Roker, Sr.(sc)
July 28, 2020 Mailed a copy of #6 Order Directing Prisoner Authorization (Attachments: # 1 prisoner authorization), to Damond J. Roker, Sr. at #600497, N.W.C.X, 960 State Route 212, Tiptonville, TN 38079. (dsh)
July 27, 2020 Opinion or Order Filing 6 ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiff is directed to submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office as directed in the July 13, 2020 Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 8/26/2020. (Signed by Judge Colleen McMahon on 7/27/2020) (Attachments: #1 prisoner authorization) (keb) Transmission to Docket Assistant Clerk for processing.
July 16, 2020 Filing 5 MOTION FOR THE APPOINTMENT OF COUNSEL, re: for the Court to Request Counsel. Document filed by Damond J. Roker, Sr.(sc)
July 16, 2020 Filing 4 APPLICATION TO PROCEED IN FORMA PAUPERIS AND AFFIDAVIT OF POVERTY. Document filed by Damond J. Roker, Sr.(sc)
July 16, 2020 Filing 3 AMENDED COMPLAINT against Cox Media Group, Inc., Brett Fennell, Fox Broadcasting Company/Fox Television Stations, Inc., Kim Guthrie with JURY DEMAND.Document filed by Damond J. Roker, Sr.(sc)
July 14, 2020 Mailed a copy of #2 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, with Attachments: # 1 prisoner authorization, # 2 IFP application, to Damond J. Roker, Sr. at #600497, N.W.C.X, 960 State Route 212, Tiptonville, TN 38079. (dsh)
July 13, 2020 Opinion or Order Filing 2 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 8/12/2020. In Forma Pauperis (IFP) Application due by 8/12/2020. Prisoner Authorization Form due by 8/12/2020. (Signed by Judge Colleen McMahon on 7/13/2020) (Attachments: #1 prisoner authorization, #2 IFP application) (keb) Transmission to Docket Assistant Clerk for processing.
July 13, 2020 NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu)
July 7, 2020 Filing 1 MOTION TO COMPEL ARBITRATION..Document filed by Damond J. Roker, Sr.(rdz)
July 7, 2020 Case Designated ECF. (rdz)

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Search for this case: Roker v. Twentieth Century Fox et al
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Plaintiff: Damond J. Roker, Sr.
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Plaintiff: D.J. Roker
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Plaintiff: Damond J. Roker, Sr. d/b/a Bishop DJ Roker also known as D.J. Roker
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Defendant: Fox Channel 13 (Mempis)
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Defendant: Fox Television Stations, Inc. d/b/a Fox Channel 13(Fox 13) doing business as WHBQ-TV
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Defendant: Cox Media Group, Inc. d/b/a Fox 13 doing business as WHBQ-TV, Fox 13
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Defendant: Kim Guthrie
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Defendant: Twentieth Century Fox
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Defendant: Fox Broadcasting Company
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Defendant: Fox Broadcasting Company/Fox Television Stations, Inc. d/b/a WHBQ-TV, Fox Channel 13, 1211 Ave. of the Americas, New York, NY 10036
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Defendant: Brett Fennell
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Defendant: Fox Broadcasting Company/Fox Television Stations, Inc. d/b/a WHBQ-TV/Fox 13 (Memphis)
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Defendant: Jean C. Fuentes
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Defendant: Cox Media Group, Inc. d/b/a WHBQ-TV, Fox 13 News doing business as WHBQ-TV, Fox 13
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Defendant: Cox Media Group Northeast, LLC d/b/a WHBQ-TV, FOX 13
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Defendant: News Corporation
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