Cathy Areu v. Fox News Network, LLC et al
| Cathy Areu |
| Sean Hannity, Howard Kurtz, Fox News Network, LLC, Ed Henry and Tucker Carlson |
| 1:2020cv08678 |
| October 19, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ronnie Abrams |
| Gabriel W Gorenstein |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on November 15, 2021. A more recent docket listing may be available from PACER.
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Filing 71
ORDER: On September 9, 2021, the Court issued an order and opinion granting Defendants' motion to dismiss but permitted Plaintiff to file an amended complaint. Dkt. 54. The Court ordered that "if she so chooses, Plaintiff must file an amended complaint no later than September 30, 2021," and warned that "failure to file an amended complaint by that date will result in dismissal of this action with prejudice." Id. Plaintiff subsequently requested an extension due to substitution of new counsel; the Court granted her application and ordered Plaintiff to submit her amended complaint by October 14, 2021. Dkt. 63. Plaintiff has not since filed an amended complaint. Accordingly, this case is dismissed, with prejudice. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/15/2021) (tg)
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Filing 70
MEMO ENDORSED NOTICE OF MOTION TO WITHDRAW COUNSEL granting #69 Motion to Withdraw as Attorney, granting #69 Motion to Substitute Attorney. ENDORSEMENT: Granted. The Clerk is directed to terminate the appearances of attorneys Matthew Berman, Monica Hincken, Sara Wyn Kane and Robert J. Valli, Jr. SO ORDERED. Attorney Sara Wyn Kane; Robert John Valli, Jr; Matthew L. Berman and Monica Hincken terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/14/2021) (mml)
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Filing 69
FIRST MOTION for Matthew Berman, Monica Hincken, Sara W. Kane and Robert J. Valli, Jr. to Withdraw as Attorney ., SUPPLEMENTAL MOTION to Substitute Attorney. Old Attorney: Valli Kane & Vagnini LLP, New Attorney: Mazzola Lindstrom LLP . Document filed by Cathy Areu..(Valli, Robert)
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Filing 68
MEMO ENDORSEMENT denying #67 Motion for Leave to Withdraw as Counsel. ENDORSEMENT: Application denied for failure to provide reasons that are comprehensible to the Court. See Local Civil Rule 1.4. If any new application is made, counsel should confirm that Robert John Valli, Jr., Matthew Berman and Monica Hincken(who have never been relieved) understand that that they are still counsel of record for Ms. Areu in this case. (The Court notes that Docket # 60 ordered the termination only of James Vagnini). So Ordered.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/13/2021) (js)
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Filing 67
MOTION for Richard E. Lerner to Withdraw as Attorney . Document filed by Cathy Areu..(Lerner, Richard)
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Filing 66
MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW COUNSEL: granting #64 Motion to Withdraw as Attorney. ENDORSMENT: Granted. The Clerk is directed to terminate Anthony J. Dick as counsel in this case. Attorney Anthony J Dick terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/04/2021) (ama)
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Filing 65
DECLARATION of Anthony J Dick in Support re: #64 MOTION for Anthony J Dick to Withdraw as Attorney .. Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Howard Kurtz, Tucker Carlson..(Dick, Anthony)
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Filing 64
MOTION for Anthony J Dick to Withdraw as Attorney . Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Howard Kurtz, Tucker Carlson..(Dick, Anthony)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Anthony J Dick to RE-FILE Document #62 MOTION for Anthony J. Dick to Withdraw as Attorney . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 63
ORDER granting #61 Letter Motion for Extension of Time to Amend #61 FIRST LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Ronnie Abrams from Richard E. Lerner dated September 23, 2021., #2 Complaint. Application granted. SO ORDERED. Amended Pleadings due by 10/14/2021. (Signed by Judge Ronnie Abrams on 9/27/2021) (ate)
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Filing 62
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Anthony J. Dick to Withdraw as Attorney . Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Howard Kurtz, Tucker Carlson. (Attachments: #1 Affidavit Affidavit).(Dick, Anthony) Modified on 9/28/2021 (ldi).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Anthony J Dick to RE-FILE Document #59 MOTION for Anthony J. Dick to Withdraw as Attorney . ERROR(S): supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 61
FIRST LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Ronnie Abrams from Richard E. Lerner dated September 23, 2021. Document filed by Cathy Areu..(Lerner, Richard)
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Filing 60
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, plaintiff Cathy Abreu substitutes Richar E. Lerner as counsel of record in place of James Vagnini/Valli, Kane & Vagnini, LLP. The substitution of attorney is hereby approved and so ORDERED., Attorney James Vagnini terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/20/2021) (ama)
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Filing 59
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Anthony J. Dick to Withdraw as Attorney . Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Howard Kurtz, Tucker Carlson..(Dick, Anthony) Modified on 9/24/2021 (ldi).
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Filing 58
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 7/20/2021 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....(Moya, Goretti)
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Filing 57
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Cathy Areu..(Lerner, Richard)
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Filing 56
TRANSCRIPT of Proceedings re: argument held on 7/20/2021 before Judge Ronnie Abrams. Court Reporter/Transcriber: Pamela Utter, (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 10/8/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/16/2021..(Moya, Goretti)
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Filing 55
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Cathy Areu..(Lerner, Richard)
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Filing 54
OPINION & ORDER re: (52 in 1:20-cv-05593-RA-GWG) MOTION for Sanctions . filed by Sean Hannity, Howard Kurtz, Tucker Carlson, Fox News Network, LLC, (6 in 1:20-cv-08678-RA-GWG) MOTION to Dismiss . filed by Ed Henry, Ed Henry, (3 in 1:20-cv-08678-RA-GWG) MOTION to Dismiss . filed by Howard Kurtz, Sean Hannity, Tucker Carlson, Fox News Network, LLC, (97 in 1:20-cv-05593-RA-GWG) LETTER MOTION for Leave to File Excess Pages addressed to Judge Ronnie Abrams from Robert J. Valli, Jr. dated October 22, 2020. filed by Cathy Areu, (13 in 1:20-cv-08678-RA-GWG) MOTION for Sanctions . filed by Howard Kurtz, Sean Hannity, Howard Kurtz, Tucker Carlson, Tucker Carlson, Fox News Network, LLC., For the reasons stated above, the motions to dismiss are granted and the motion for sanctions is denied. Plaintiff's motion for leave to file an amended complaint is granted. If she so chooses, Plaintiff must file an amended complaint no later than September 30, 2021. Failure to file an amended complaint by that date will result in dismissal of this action with prejudice. The Clerk of Court is respectfully directed to terminate the motions pending at docket entries 3, 6, and 13 in case number 20-CV-8678 and docket entries 52, 86, and 97 in case number 20-CV-5593. (Amended Pleadings due by 9/30/2021.) (Signed by Judge Ronnie Abrams on 9/9/2021) (rro)
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Filing 53
NOTICE OF APPEARANCE by Yonatan L Grossman-Boder on behalf of Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Tucker Carlson..(Grossman-Boder, Yonatan)
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Filing 52
ORDER: The Oral Argument scheduled in this action will be held in Courtroom 1506 at the Thurgood Marshall United States Courthouse, 40 Foley SquareNew York, NY 10007. (HEREBY ORDERED by Judge Ronnie Abrams) (Text Only Order) (arc)
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Minute Entry for proceedings held before Judge Ronnie Abrams: Oral Argument held on 7/20/2021 re: #6 MOTION to Dismiss . filed by Ed Henry, Ed Henry, #3 MOTION to Dismiss . filed by Howard Kurtz, Sean Hannity, Tucker Carlson, Fox News Network, LLC, #13 MOTION for Sanctions . filed by Howard Kurtz, Sean Hannity, Howard Kurtz, Tucker Carlson, Tucker Carlson, Fox News Network, LLC. (Court Reporter Pamela Utter) (arc)
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Filing 51
ORDER: Having considered the three factors, the Court concludes that the stay should continue pending the resolution of the Fox Defendants' motion to dismiss (Docket # 3). And as set forth herein. SO ORDEREED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/06/2021) (ama)
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Filing 50
MEMO ENDORSEMENT on re: #49 Letter, filed by Howard Kurtz, Sean Hannity, Tucker Carlson, Fox News Network, LLC. ENDOREMENT: The oral argument currently scheduled for July 8, 2021, is hereby adjourned until July 20, 2021 at 2:00 p.m. The conference will be held in person at the Thurgood Marshall United States Courthouse. Members of the public may attend the argument, or may listen remotely by calling (888)363-4749 and entering the access code 1015508#. So Ordered. (Oral Argument set for 7/20/2021 at 02:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 6/30/2021) (js)
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Filing 49
JOINT LETTER addressed to Judge Ronnie Abrams from Kathleen M. McKenna dated June 29, 2021 re: for Alternate Dates for Oral Argument. Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Howard Kurtz..(McKenna, Kathleen)
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Filing 48
ORDER: The Court will hear argument on the pending motions in this case on Thursday, July 8, 2021 at 3:00 pm. If counsel for the parties are unavailable at that date and time, no later than June 30, they shall file a joint letter proposing alternative dates, ideally for the week of July 19-23, 2021. ( Status Conference set for 7/8/2021 at 03:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 6/25/2021) (cf)
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Filing 47
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Kathleen M. McKenna, Esq. dated May 11, 2021 re: Briefing on Fox Defendants' request to continue the stay of discovery (Dkt. 43) is complete and the matter is fully submitted. Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Howard Kurtz..(McKenna, Kathleen)
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Filing 46
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Kathleen M. McKenna, Esq. dated May 11, 2021 re: Reply In Support of Continuing Stay Of Discovery (Dkt. 43) Pending Motion to Dismiss and Rule 11 Motion. Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Howard Kurtz..(McKenna, Kathleen)
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Filing 45
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Catherine M. Foti dated 4/20/2021 re: Response to Fox's March 30, 2021 Letter (Dkt. No. 43).. Document filed by Ed Henry, Ed Henry..(Foti, Catherine)
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Filing 44
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Matthew L. Berman dated 04-20-2021 re: Opposition to Defendants' Application for a Continued Stay of Discovery (ECF Dkt No. 43). Document filed by Cathy Areu..(Berman, Matthew)
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Filing 43
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Kathleen M. McKenna dated March 30 2021 re: Support of Continuation of Stay of Discovery.. Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Howard Kurtz, Tucker Carlson..(McKenna, Kathleen)
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Filing 42
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Kathleen M. McKenna dated March 18 2021 re: Parties Agreement on Briefing Schedule. Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Howard Kurtz, Tucker Carlson..(McKenna, Kathleen)
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Filing 41
MEMO ENDORSEMENT on re: #38 Letter filed by Cathy Areu. ENDORSEMENT: Any party seeking to stay discovery pending disposition of a motion to dismiss shall file a motion for a stay of discovery on or before March 29, 2021 (unless the parties agree among themselves to a later filing date and the agreement is disclosed in a letter filed on ECF). If such a motion is filed, briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices. A party may file a letter in lieu of a memorandum of law if it wishes. Discovery shall be stayed pending disposition of any motion for a stay. With respect to addressing the issue of the "strength of the motion," see Hong Leong Fin. Ltd. (Singapore) v. Pinnacle Performance Ltd., 297 F.R.D. 69, 72 (S.D.N.Y. 2013), a party has leave to incorporate by reference a previously-filed brief rather than repeating arguments made in such a brief. SO ORDERED. (Motions due by 3/29/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/15/2021) (jca) Modified on 3/17/2021 (jca).
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Filing 40
MEMO ENDORSEMENT on re: #38 Letter filed by Cathy Areu. ENDORSEMENT: By separate order, this matter will be referred to Magistrate Judge Gorenstein for general pre-trial purposes. The Court leaves the decision to lift the stay of discovery to Judge Gorenstein's sound discretion. (Signed by Judge Ronnie Abrams on 3/15/2021) (cf)
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Filing 39
ORDER REFERRING CASE TO 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 Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/15/21) (yv)
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Magistrate Judge Gabriel W. Gorenstein is so redesignated. (laq)
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Filing 38
FIRST LETTER addressed to Judge Ronnie Abrams from Matthew L. Berman dated March 8, 2021 re: Relief granted in severed case. Document filed by Cathy Areu..(Berman, Matthew)
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***DELETED DOCUMENT. Deleted document number #38 ORDER. The document was incorrectly filed in this case. (nb)
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Filing 37
REPLY MEMORANDUM OF LAW in Support re: #3 MOTION to Dismiss . . Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Howard Kurtz, Tucker Carlson..(McKenna, Kathleen)
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Filing 36
REPLY MEMORANDUM OF LAW in Support re: #6 MOTION to Dismiss . . Document filed by Ed Henry, Ed Henry..(Foti, Catherine)
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Filing 35
MEMORANDUM OF LAW in Opposition re: #3 MOTION to Dismiss . . Document filed by Cathy Areu..(Valli, Robert)
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Filing 34
MEMORANDUM OF LAW in Opposition re: #6 MOTION to Dismiss . . Document filed by Cathy Areu..(Valli, Robert)
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Filing 33
REPLY MEMORANDUM OF LAW in Support re: #13 MOTION for Sanctions . . Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Howard Kurtz, Tucker Carlson..(McKenna, Kathleen)
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Filing 32
ORDER granting #30 Letter Motion for Extension of Time. The Fox News Defendants motion to extend the time to file their reply is hereby granted. Their application for leave to file a single, consolidated, twenty-five (25) page reply is also granted. No later than November 6, 2020, the Fox News Defendants shall file their reply. The reply shall be filed in both docket number 20-cv-5593 and docket number 20-cv-8678. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/27/2020) (jca)
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Filing 31
MEMORANDUM OF LAW in Opposition re: #13 MOTION for Sanctions . . Document filed by Cathy Areu..(Valli, Robert)
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Set/Reset Deadlines: Replies due by 11/6/2020. (jca)
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Filing 30
LETTER MOTION for Extension of Time to file consolidated reply addressed to Judge Ronnie Abrams from Kathleen M. McKenna dated 10/26/2020. Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Howard Kurtz, Tucker Carlson..(McKenna, Kathleen)
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Filing 12
ORDER: re: (97 in 1:20-cv-05593-RA) LETTER MOTION for Leave to File Excess Pages addressed to Judge Ronnie Abrams from Robert J. Valli, Jr. dated October 22, 2020 filed by Cathy Areu, (100 in 1:20-cv-05593-RA) Memorandum of Law in Opposition to Motion filed by Cathy Areu is stricken from the record. In light of the severance of Ms. Eckhart and Ms. Areu's lawsuits, the Clerk of Court is respectfully directed to strike Dkt. 100 from the docket in case number 20-cv-5593. No later than October 27, 2020, Counsel for Ms. Areu shall refile this document in the correct docket, 20-cv-8678. All further filings by Ms. Areu's counsel shall be filed in docket number 20-cv-8678. For this same reason, the Clerk of Court is respectfully directed to strike Dkt. 97 from the docket in case number 20-cv-5593. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/26/2020) (ama)
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Filing 11
ORDER granting #10 Letter Motion for Leave to File Excess Pages. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/23/2020) (rro)
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Filing 10
LETTER MOTION for Leave to File Excess Pages addressed to Judge Ronnie Abrams from Robert J. Valli, Jr. dated October 22, 2020. Document filed by Cathy Areu..(Valli, Robert)
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Filing 9
ORDER, Because this case was severed from Eckhart v. Fox News, LLC on October 19, 2020, the date on which Defendants' motions to dismiss were due, it is hereby ORDERED that Defendants' deadline to file their motions to dismiss in this action is adjourned until October 20, 2020. The remainder of the deadlines set by this Court in Case Number 20-cv-5593 on October 8, 2020, will remain the same in this case. Plaintiff Areu's memorandum in opposition to the motion to dismiss shall be filed no later than November 9, 2020, and Defendants' reply shall be filed no later than November 23, 2020. Plaintiff Areu's memorandum in opposition to Defendants' Rule 11 motion shall be filed no later than October 23, 2020, and Defendants' reply shall be filed no later than October 30, 2020. See case no. 20-cv-5593 Dkt. 75. SO ORDERED. (Motions due by 10/20/2020., Responses due by 11/9/2020, Replies due by 11/23/2020.) (Signed by Judge Ronnie Abrams on 10/20/2020) (kv)
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Filing 8
DECLARATION of Catherine M. Foti in Support re: #6 MOTION to Dismiss .. Document filed by Ed Henry, Ed Henry. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Foti, Catherine)
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Filing 7
MEMORANDUM OF LAW in Support re: #6 MOTION to Dismiss . . Document filed by Ed Henry, Ed Henry..(Foti, Catherine)
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Filing 6
MOTION to Dismiss . Document filed by Ed Henry, Ed Henry..(Foti, Catherine)
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Filing 5
DECLARATION of Tucker Carlson in Support re: #3 MOTION to Dismiss .. Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Howard Kurtz, Tucker Carlson..(McKenna, Kathleen)
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Filing 4
MEMORANDUM OF LAW in Support re: #3 MOTION to Dismiss . . Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz, Howard Kurtz, Tucker Carlson..(McKenna, Kathleen)
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Filing 3
MOTION to Dismiss . Document filed by Tucker Carlson, Fox News Network, LLC, Sean Hannity(In his professional capacity), Sean Hannity(In his individual capacity), Howard Kurtz..(McKenna, Kathleen)
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Filing 2
OPERATIVE COMPLAINT (SEE ORDER #1) against Tucker Carlson, Ed Henry, Fox News Network, LLC, Ed Henry, Howard Kurtz, Howard Kurtz, Tucker Carlson. Document filed by Cathy Areu..(pc)
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Filing 1
ORDER: For the reasons articulated at the October 7, 2020 hearing, the Clerk of Court is respectfully directed to sever the claims brought by Ms. Eckhart from the claims brought by Ms. Areu. See Fed. R. Civ. P. 21. Both lawsuits will remain before Judge Abrams. The Clerk of Court is also directed to docket Ms. Areu's second amended complaint currently at case no. 20-CV-5593 Dkt. 77 as the operative complaint in Ms. Areu's lawsuit, which shall be given a new case number. Ms. Eckhart's second amended complaint currently at case no. 20-CV-5593 Dkt. 78 will be remain operative complaint in Ms. Eckhart's lawsuit. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/16/2020) (Signed by Judge Ronnie Abrams on 10/16/2020) (pc)
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Case Designated ECF. (pc)
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Magistrate Judge Barbara C. Moses 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. (pc)
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