Martin v. Hearst Communications, Inc.
| William Martin |
| Hearst Communications, Inc. |
| Tiffany Anderson |
| 1:2021cv09624 |
| November 19, 2021 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Gabriel W Gorenstein |
| Edgardo Ramos |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
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Filing 19
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 Edgardo Ramos is no longer assigned to the case. (aea) |
| Filing 18 PROPOSED STIPULATION AND ORDER. Document filed by Tiffany Anderson..(Fraietta, Philip) |
| Filing 17 NOTICE of of Withdrawal of Motion re: #12 MOTION to Consolidate Cases 1:21-cv-8994, 1:21-cv-9624 . MOTION to Appoint Counsel .. Document filed by William Martin..(Comite, Erin) |
| Filing 16 NOTICE OF APPEARANCE by Carey Alexander on behalf of William Martin..(Alexander, Carey) |
| Filing 15 DECLARATION of Frank S. Hedin in Support re: #12 MOTION to Consolidate Cases 1:21-cv-8994, 1:21-cv-9624 . MOTION to Appoint Counsel .. Document filed by William Martin. (Attachments: #1 Exhibit A - Hedin Hall Firm Resume).(Comite, Erin) |
| Filing 14 DECLARATION of Erin Green Comite in Support re: #12 MOTION to Consolidate Cases 1:21-cv-8994, 1:21-cv-9624 . MOTION to Appoint Counsel .. Document filed by William Martin. (Attachments: #1 Exhibit A - Scott+Scott Firm Resume).(Comite, Erin) |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Consolidate Cases 1:21-cv-8994, 1:21-cv-9624 . MOTION to Appoint Counsel . . Document filed by William Martin..(Comite, Erin) |
| Filing 12 MOTION to Consolidate Cases 1:21-cv-8994, 1:21-cv-9624 ., MOTION to Appoint Counsel . Document filed by William Martin..(Comite, Erin) |
| Filing 11 SUMMONS RETURNED EXECUTED. Hearst Communications, Inc. served on 12/3/2021, answer due 12/27/2021. Service was accepted by Paula Castro, Service of Process Intake Clerk. Document filed by William Martin..(Comite, Erin) |
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter filed by William Martin. ENDORSEMENT: The pre-motion conference requirement is waived. The motion shall be returnable before the undersigned and shall comply with the undersigned's Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/9/2021) (va)
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| Filing 9 LETTER addressed to Judge Edgardo Ramos from Erin Green Comite dated 12/8/2021 re: Request for Pre-Motion Conference. Document filed by William Martin..(Comite, Erin) |
| Filing 8 NOTICE OF APPEARANCE by Sean Thomas Masson on behalf of William Martin..(Masson, Sean) |
| Filing 7 NOTICE OF APPEARANCE by Erin Green Comite on behalf of William Martin..(Comite, Erin) |
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Filing 6
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 Edgardo Ramos on 11/23/2021) (js)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Hearst Communications, Inc. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas Livezey Laughlin, IV. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 1 (Citizen of This State); County code New York. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of State. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| CASE REFERRED TO Judge Edgardo Ramos as possibly related to 1:21-cv-08994. (vf) |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case..(wb) |
| 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. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-08994-ER-GWG. Notice of Assignment to follow. (wb) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-08994-ER-GWG. Document filed by William Martin..(Laughlin, Thomas) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Hearst Communications, Inc., re: #1 Complaint,. Document filed by William Martin..(Laughlin, Thomas) |
| Filing 2 CIVIL COVER SHEET filed..(Laughlin, Thomas) |
| Filing 1 COMPLAINT against Hearst Communications, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25361423)Document filed by William Martin. (Attachments: #1 Exhibit A - Good Housekeeping Mailing List, #2 Exhibit B - Hearst Corporate Masterfile & Enhanced Mailing List).(Laughlin, Thomas) |
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