Lopez v. Hearst Communications, Inc.
| Magda Lopez |
| Hearst Communications, Inc. |
| Tiffani Anderson |
| 1:2021cv09334 |
| November 11, 2021 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
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Filing 15
ORDER AND STIPULATION TO CONSOLIDATION: Plaintiffs Tiffani Anderson, Barbara Leach, Cathy McGruder, Dwana Eslinger, Judith Shaw, Kimberly Lantz, Lauren Sandberg, Nicki Mahood, Rebecca Venable, Shirley Collazo, Joan Burke, Maribel Ramirez, Maricarmen Ocasio, Joyce Hicks, Stephen Goldberger, Belinda Powers, Dawn Begin, Cathy Ricketts, Magda Lopez, and William Martin (collectively, "Plaintiffs") and Defendant Hearst Communications, Inc. ("Hearst" and together with Plaintiffs "the Parties") hereby stipulate as follows: 1. On October 29, 2021, Plaintiff Anderson initiated her action against Hearst pursuant to the Alabama's Right of Publicity Act, Ala. Code 6-5-770, et seq. with a Class Action Complaint. Anderson v. Hearst Communications, Inc., Case No. 21-cv-08895-RA, Dkt. No. 1 (S.D.N.Y.). 2. On November 3, 2021, Plaintiff Burke initiated her action against Hearst pursuant to California's Right of Publicity Law, Cal. Civ. Code 3344, et seq., with a Class Action Complaint. Burke v. Hearst Communications, Inc., Case No. 21-cv-08994-ER, Dkt. No. 4(S.D.N.Y.). 3. On November 3, 2021, Plaintiffs Ramirez and Ocasio initiated their action against Hearst pursuant to Puerto Rico's Right of Publicity Act, 32 L.P.R. 3151, et seq., with a Class Action Complaint. Ramirez, et. al. v. Hearst Communications, Inc., No. 21-cv-09109-LGS, Dkt. No. 1 (S.D.N.Y.). 4. On November 3, 2021, Plaintiffs Hicks and Goldberger initiated their action against Hearst pursuant to Ohio's Right of Publicity Law, Ohio Rev. Code Ann. 2741, et seq., with a Class Action Complaint. Hicks, et. al. v. Hearst Communications, Inc., No. 21-cv-09093-PAE, Dkt. No. 1 (S.D.N.Y.). 5. On November 8, 2021, Plaintiff Powers initiated her action against Hearst pursuant to South Dakota's Right of Publicity Law, S.D. Codified Laws 21-64-1, et seq., with a Class Action Complaint. Powers v. Hearst Communications, Inc., No. 21-cv-09198-PAE, Dkt. No. 1 (S.D.N.Y.). 6. On November 8, 2021, Plaintiff Begin initiated her action against Hearst pursuant to Ohio's Right of Publicity Law, Ohio Rev. Code Ann. 2741, et seq., with a Class Action Complaint. Begin v. Hearst Communications, Inc., No. 21-cv-09224-UA, Dkt. No. 1 (S.D.N.Y.). 7. On November 9, 2021, Plaintiff Ricketts initiated her action against Hearst pursuant to South Dakota's Right of Publicity Law, S.D. Codified Laws 21-64-1, et seq., with a Class Action Complaint. Ricketts v. Hearst Communications, Inc., No. 21-cv-09278-PAE, Dkt. No. 1 (S.D.N.Y.). 8. On November 11, 2021, Plaintiff Lopez initiated her action against Hearst pursuant to Puerto Rico's Right of Publicity Act, 32 L.P.R. 3151, et seq., with a Class Action Complaint. Lopez v. Hearst Communications, Inc., No. 21-cv-09334-LGS, Dkt. No. 1 (S.D.N.Y.). 9. On November 19, 2021, Plaintiff Martin initiated his action against Hearst pursuant to California's Right of Publicity Law, Cal. Civ. Code 3344, et seq., with a Class Action Complaint. Martin v. Hearst Communications, Inc., No. 21-cv-09624-ER-GWG, Dkt. No. 1 (S.D.N.Y.). 10. On December 7, 2021, Plaintiff Anderson amended her complaint to add Plaintiffs Leach, McGruder, Eslinger, Shaw, Lantz, Sandberg, Mahood, Venable, and Collazo, and to bring claims pursuant to Right of Publicity statutes for Alabama, California, Hawaii, Indiana, Nevada, Ohio, Puerto Rico, South Dakota, and Washington. See Anderson, Case No. 21-cv-08895-RA at Dkt. No. 26; see also Ala. Code 6-5-7701; Cal. Civ. Code 3344; Haw. Rev. Stat. Ann. 482P-1; IC 32-26-1-1; Nev. Rev. Stat. Ann. 597.770; Ohio Rev. Code Ann. 2741.01; 32 L.P.R. 3151; S.D. Codified Laws 21-64-1; RCW 63.60.010. 11. After meeting and conferring, counsel for Plaintiffs and counsel for Hearst have agreed that the Anderson, Burke, Ramirez, Hicks, Powers, Begin, Ricketts, Lopez, and Martin actions should be consolidated for pretrial purposes before Judge Abrams who is presiding over Anderson, given that Anderson is the first-filed action. Specifically, the Parties agree that each of the cases under this stipulation asserts claims against Hearst under a state right-of-publicity statute targeting the same central facts. While the statutes are not identical, and there may be factual issues and defenses unique to certain plaintiffs, the statutes are substantially similar and will include overlapping issues oflaw and overlapping (if not identical) discovery from Hearst. 12. Accordingly, the Parties hereby stipulate to the consolidation of the Anderson, Burke, Ramirez, Hicks, Powers, Begin, Ricketts, Lopez, and Martin actions. 13. The Parties further stipulate that the consolidated actions should be re-captioned as the following: In re Hearst Communications State Right of Publicity Statute Cases: Case No. 21-cv-08895-RA. 14. The Parties further stipulate to the following case schedule: a. Plaintiffs shall file a Consolidated Amended Class Action Complaint on or before January 14, 2022; b. Hearst shall answer or otherwise respond to the Consolidated Amended Class Action Complaint on or before 30 days from the filing of the Consolidated Amended Class Action Complaint[]; c. Plaintiffs shall file any opposition on or before 30 days from the filing of any motion to dismiss. d. Hearst shall file any reply on or before 20 days from filing of Plaintiffs' opposition. e. All other deadlines, conferences, and/or hearings shall be vacated. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD FOR PLAINTIFFS. SO ORDERED this 4th day of January, 2022. ( Amended Pleadings due by 1/14/2022.) (Signed by Judge Ronnie Abrams on 1/4/2022) Filed In Associated Cases: 1:21-cv-08895-RA et al. (ate)
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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-08895-RA. (ate) |
| NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Lorna G. Schofield is no longer assigned to the case. (aea) |
| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Tiffani Anderson..(Fraietta, Philip) |
| Filing 13 SUMMONS RETURNED EXECUTED. Hearst Communications, Inc. served on 11/16/2021, answer due 12/7/2021. Service was accepted by Kartik Pandya, Service of Process Intake Clerk. Document filed by Magda Lopez..(Laughlin, Thomas) |
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Filing 12
ORDER: It is hereby ORDERED that the Clerk of Court shall consolidate case 21 Civ. 9109 (as lead case) with case 21 Civ. 9334. All filings made after the issuance of this Order in connection with the above-captioned cases shall be entered in the docket of the lowest-numbered case, 21 Civ. 9109. After consolidation, the Clerk of Court shall amend the caption of this consolidated action to be: "Maribel Ramirez, et al. v. Hearst Communications, Inc." The Clerk of Court is further directed to close the higher-numbered case, 21 Civ. 9334. (Signed by Judge Lorna G. Schofield on 11/24/2021) Filed In Associated Cases: 1:21-cv-09109-LGS-GWG, 1:21-cv-09334-LGS (mml)
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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-09109-LGS-GWG. (mml) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hearst Corporation for Hearst Communications, Inc.. Document filed by Hearst Communications, Inc...(Butler, Andrea) |
| Filing 10 LETTER addressed to Judge Lorna G. Schofield from Andrea R. Butler dated November 23, 2021 re: Potential Consolidation. Document filed by Hearst Communications, Inc...(Butler, Andrea) |
| Filing 9 NOTICE OF APPEARANCE by Andrea Rose Butler on behalf of Hearst Communications, Inc...(Butler, Andrea) |
| Filing 8 LETTER addressed to Judge Lorna G. Schofield from Thomas L. Laughlin, IV dated 11/19/21 re: Non-opposition to Consolidation. Document filed by Magda Lopez..(Laughlin, Thomas) |
| Filing 7 LETTER addressed to Judge Lorna G. Schofield from Philip L. Fraietta dated 11/18/2021 re: Lopez and Rodriguez consolidation. Document filed by Tiffani Anderson..(Fraietta, Philip) |
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Filing 6
ORDER: It is hereby ORDERED that by November 23, 2021, the parties are directed to file separate letters stating why the actions should not be consolidated. (Signed by Judge Lorna G. Schofield on 11/16/2021) (mml)
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| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-09109-LGS. Notice of Assignment to follow. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (aea) |
| Magistrate Judge Gabriel W. Gorenstein 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. (aea) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Hearst Communications, Inc...(gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) |
| Case Designated ECF. (gp) |
| CASE REFERRED TO Judge Lorna G. Schofield as possibly related to 1:21-cv-9109 (LGS). (gp) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-09109-LGS. Document filed by Magda Lopez..(Guglielmo, Joseph) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Hearst Communications, Inc., re: #1 Complaint,. Document filed by Magda Lopez..(Guglielmo, Joseph) |
| Filing 2 CIVIL COVER SHEET filed..(Guglielmo, Joseph) |
| Filing 1 COMPLAINT against Hearst Communications, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25321037)Document filed by Magda Lopez. (Attachments: #1 Exhibit A - Good Housekeeping Mailing List, #2 Exhibit B - Hearst Corporation Master File and Enhanced Mailing List).(Guglielmo, Joseph) |
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