Nunes v. NBCUniversal Media, LLC
Plaintiff: Devin G. Nunes
Defendant: NBCUniversal Media LLC
Case Number: 1:2022cv01633
Filed: February 28, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: P Kevin Castel
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. ยง 1332 lb Diversity-Libel, Assault, Slander
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2022 Opinion or Order Filing 39 MEDIATION REFERRAL ORDER: It is ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. This expedited mediation is set for June 21, 2022 at 10:00 a.m., location or format to be determined. The assigned Mediator is authorized to advance or extend the mediation date by up to 7 days without leave of Court. After the initial mediation session, the Mediator is empowered to conduct such subsequent mediation sessions as the Mediator in his or her discretion chooses to conduct. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647.( Mediator to be Assigned by 5/9/2022.), ( Mediation Conference scheduled for 6/21/2022 at 10:00 AM.) (Signed by Judge P. Kevin Castel on 4/28/2022) (ama)
April 28, 2022 Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 4/28/2022. Plaintiff to file amended complaint by May 12, 2022. Defendant to file updated pre-motion letter with a joint proposed briefing schedule by May 18, 2022. Any response from plaintiff due May 20, 2022. Discovery is stayed pending resolution of the motion. Case referred to mediation for a session on June 21, 2022 at 10:00 a.m. (Nacanther, Florence)
April 22, 2022 Opinion or Order Filing 38 ORDER granting #34 Motion for Steven S. Biss to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
April 22, 2022 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Steven S. Biss to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
April 21, 2022 Filing 37 JOINT LETTER addressed to Judge P. Kevin Castel from Elizabeth A. McNamera dated April, 21, 2022 re: Initial Pretrial Conference scheduled for April 28, 2022. Document filed by NBCUniversal Media LLC..(McNamara, Elizabeth)
April 21, 2022 Filing 36 PROPOSED CASE MANAGEMENT PLAN. Document filed by Devin G. Nunes..(Carlini, Anthony)
April 21, 2022 Opinion or Order Filing 35 ORDER granting #33 Motion for Selina MacLaren to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
April 21, 2022 Filing 34 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 Exhibit Certificate of Good Standing, #2 Exhibit Local Rule 1.3 Affidavit, #3 Exhibit Proposed Order).(Carlini, Anthony)
April 20, 2022 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Selina MacLaren to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26029229. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
April 19, 2022 Filing 33 MOTION for Selina MacLaren to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26029229. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NBCUniversal Media LLC. (Attachments: #1 Exhibit District of Columbia Certificate of Good Statnding, #2 Exhibit California Certificate of Good Standing).(MacLaren, Selina)
April 18, 2022 Filing 32 LETTER addressed to Judge P. Kevin Castel from Anthony C. Carlini, Jr. dated April 18, 2022 re: Plaintiff's Response to Defendant's pre-motion letter. Document filed by Devin G. Nunes..(Carlini, Anthony)
April 15, 2022 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for Steven S. Biss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26009089. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of VA;. Re-file the motion as a 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. (vba)
April 14, 2022 Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Steven S. Biss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26009089. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Devin G. Nunes. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Local Rule 1.3 Affidavit, #3 Exhibit Proposed Order).(Carlini, Anthony) Modified on 4/15/2022 (vba).
April 11, 2022 Filing 30 LETTER addressed to Judge P. Kevin Castel from Elizabeth A. McNamara dated April 11, 2022 re: Pre-Motion Conference Letter on anticipated Motion to Dismiss Plaintiff Devin Nunes' Complaint. Document filed by NBCUniversal Media LLC..(McNamara, Elizabeth)
March 30, 2022 Opinion or Order Filing 29 MEMO ENDORSEMENT on DEFENDANT NBC UNIVERSAL MEDIA LLC'S OPPOSED MOTION FOR LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY: re: #19 Opposed MOTION for Leave to File Notice of Supplemental Authority filed by NBC Universal Media LLC. ENDORSEMENT: The motion is DENIED as moot in view of the transfer to this District and filing of an Amended Complaint. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/30/2022) (ama)
March 28, 2022 Filing 28 AMENDED COMPLAINT amending #1 Complaint against NBCUniversal Media LLC with JURY DEMAND.Document filed by Devin G. Nunes. Related document: #1 Complaint..(Carlini, Anthony)
March 15, 2022 Filing 27 NOTICE OF APPEARANCE by Jeremy Adam Chase on behalf of NBCUniversal Media LLC..(Chase, Jeremy)
March 15, 2022 Filing 26 NOTICE OF APPEARANCE by Elizabeth A. McNamara on behalf of NBCUniversal Media LLC..(McNamara, Elizabeth)
March 14, 2022 Opinion or Order Filing 25 ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, April 28, 2022 at 11:00 a.m. Principal trial counsel shall appear at this and all subsequent conferences. The call-in information for all teleconferences is: Dial in: (888) 363-4749; Access Code: 3667981. And as set forth herein. SO ORDERED. Initial Conference set for 4/28/2022 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 3/14/2022) (ama) (Main Document 25 replaced on 4/18/2022) (va).
March 3, 2022 Filing 24 NOTICE OF APPEARANCE by Anthony C. Carlini, Jr on behalf of Devin G. Nunes..(Carlini, Anthony)
March 2, 2022 Opinion or Order Filing 23 ORDER: Within fourteen days of this Order, Nunes may serve upon NBC an interrogatory limited to the citizenship of all natural persons who are its members, and, if any corporation is a member, the jurisdiction under whose laws it is incorporated and its principal place of business. Defendant shall have seven days to respond to the interrogatory. Within thirty days of this Order, the plaintiff shall amend his complaint to allege the citizenship of the defendant or the action will be dismissed for lack of subject matter jurisdiction. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/01/2022) (ama)
February 28, 2022 Filing 22 CASE TRANSFERRED IN from the United States District Court - District of Texas Eastern; Case Number: 4:21-cv-00608. Original file certified copy of transfer order and docket entries received. (sjo)
February 28, 2022 Case Designated ECF. (sjo)
February 28, 2022 Magistrate Judge Sarah Netburn 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)
February 28, 2022 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)
February 28, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge P. Kevin Castel. 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)
February 25, 2022 Interdistrict transfer to the SOUTHERN District of NEW YORK. (baf, ) [Transferred from Texas Eastern on 2/28/2022.]
January 28, 2022 Opinion or Order Filing 21 MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Defendant's Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue Under Federal Rules of Civil Procedure 12(b)(2), 12(b)(3) and 28 U.S.C. 1406(a), or, in the Alternative, Motion to Transfer Venue to the U.S. District Courtfor the Eastern District of California Under 28 U.S.C. 1404(a) or 1406(a) (Dkt. #5 ) is GRANTED in part and DENIED in part. It is further ORDERED that Plaintiff's Motion to Permit Jurisdictional Discovery and to Adjust Deadlines (Dkt. #8 ) is DENIED. It is further ORDERED that this case is TRANSFERRED to the Southern District of New York. Signed by District Judge Amos L. Mazzant, III on 1/28/2022. (baf, ) [Transferred from Texas Eastern on 2/28/2022.]
December 29, 2021 Filing 20 NOTICE by NBCUniversal Media, LLC of Supplemental Authority (Attachments: #1 Exhibit Johnson v. HuffPost)(Prather, Laura) [Transferred from Texas Eastern on 2/28/2022.]
December 29, 2021 Filing 19 Opposed MOTION for Leave to File Notice of Supplemental Authority by NBCUniversal Media, LLC. (Attachments: #1 Exhibit Johnson v. HuffPost, #2 Text of Proposed Order Proposed Order)(Prather, Laura) [Transferred from Texas Eastern on 2/28/2022.]
December 21, 2021 Due to the Court's trial docket, the 1/4/2022 Scheduling Conference is CANCELLED. The Court will enter a Scheduling Order. (tls) [Transferred from Texas Eastern on 2/28/2022.]
December 10, 2021 Filing 18 REPORT of Rule 26(f) Planning Meeting. (Sekharan, Madhu) (Additional attachment(s) added on 12/28/2021: #1 Text of Proposed Order) (baf, ). [Transferred from Texas Eastern on 2/28/2022.]
December 3, 2021 Filing 17 NOTICE by NBCUniversal Media, LLC (Prather, Laura) [Transferred from Texas Eastern on 2/28/2022.]
November 28, 2021 Filing 16 SUR-REPLY to Reply to Response to Motion re #5 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue Under Federal Rules of Civil Procedure 12(b)(2), 12(b)(3) and 28 U.S.C. 1406(a) or, in the alternative, Motion to Transfer Venue to the U.S. District Court for the Eastern District filed by Devin G. Nunes. (Attachments: #1 Exhibit A - NIC Report)(Sekharan, Madhu) [Transferred from Texas Eastern on 2/28/2022.]
November 23, 2021 Opinion or Order Filing 15 ORDER - granting #13 Motion for Leave to File Reply in Support of its Motion to Dismiss, or in the alternative, to Transfer Venue in Excess of Ten Pages. IT IS THEREFORE ORDERED that NBCU may file its Reply to Plaintiff's Memorandum in Opposition to NBCU's Motion to Dismiss in excess of ten pages but not to exceed a total of fifteen pages. IT IS FURTHER ORDERED that Plaintiff may file its sur-reply in excess of ten pages but not to exceed a total of fifteen pages. Signed by District Judge Amos L. Mazzant, III on 11/23/2021. (baf, ) [Transferred from Texas Eastern on 2/28/2022.]
November 22, 2021 Filing 14 REPLY to Response to Motion re #5 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue Under Federal Rules of Civil Procedure 12(b)(2), 12(b)(3) and 28 U.S.C. 1406(a) or, in the alternative, Motion to Transfer Venue to the U.S. District Court for the Eastern District filed by NBCUniversal Media, LLC. (Prather, Laura) [Transferred from Texas Eastern on 2/28/2022.]
November 22, 2021 Filing 13 Unopposed MOTION for Leave to File Reply in Support of its Motion to Dismiss or, in the Alternative, to Transfer Venue in Excess of Ten Pages by NBCUniversal Media, LLC. (Attachments: #1 Text of Proposed Order )(Prather, Laura) [Transferred from Texas Eastern on 2/28/2022.]
November 19, 2021 Filing 12 NOTICE of Discovery Disclosure by Devin G. Nunes (Rule 26(a)(1) Initial Disclosures Have Taken Place) (Sekharan, Madhu) [Transferred from Texas Eastern on 2/28/2022.]
November 17, 2021 Filing 11 RESPONSE in Opposition re #8 MOTION for Discovery (To Permit Jurisdictional Discovery and to Adjust Deadlines) filed by NBCUniversal Media, LLC. (Attachments: #1 Text of Proposed Order)(Prather, Laura) [Transferred from Texas Eastern on 2/28/2022.]
November 17, 2021 Filing 10 NOTICE of Attorney Appearance by Michael Joseph Lambert on behalf of NBCUniversal Media, LLC (Lambert, Michael) [Transferred from Texas Eastern on 2/28/2022.]
November 12, 2021 Filing 9 RESPONSE in Opposition re #5 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue Under Federal Rules of Civil Procedure 12(b)(2), 12(b)(3) and 28 U.S.C. 1406(a) or, in the alternative, Motion to Transfer Venue to the U.S. District Court for the Eastern District filed by Devin G. Nunes. (Attachments: #1 Exhibit A - Comcast 2020 10K, #2 Exhibit B - NBCU Trademark)(Sekharan, Madhu) [Transferred from Texas Eastern on 2/28/2022.]
November 3, 2021 Filing 8 MOTION for Discovery (To Permit Jurisdictional Discovery and to Adjust Deadlines) by Devin G. Nunes. (Attachments: #1 Exhibit A - Proposed Jurisdictional Discovery, #2 Text of Proposed Order B - Proposed Order Granting Motion)(Sekharan, Madhu) [Transferred from Texas Eastern on 2/28/2022.]
November 2, 2021 Opinion or Order Filing 7 ORDER GOVERNING PROCEEDINGS. Rule 16 management conference set for 1/4/2022 at 1:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Rule 26 Meeting Joint Report due by 12/10/2021. Signed by District Judge Amos L. Mazzant, III on 11/2/2021. (baf, ) [Transferred from Texas Eastern on 2/28/2022.]
October 29, 2021 Counsel are advised that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of filings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place very voluminous filings in three-ring binder(s). Staples are fine; no binder clips, please. (tls) [Transferred from Texas Eastern on 2/28/2022.]
October 28, 2021 Filing 6 CORPORATE DISCLOSURE STATEMENT filed by NBCUniversal Media, LLC identifying Corporate Parent Comcast Corporation for NBCUniversal Media, LLC. (Prather, Laura) [Transferred from Texas Eastern on 2/28/2022.]
October 28, 2021 Filing 5 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue Under Federal Rules of Civil Procedure 12(b)(2), 12(b)(3) and 28 U.S.C. 1406(a) or, in the alternative, Motion to Transfer Venue to the U.S. District Court for the Eastern District of California Under 28 U.S.C. 1404(a) or 1406(a) by NBCUniversal Media, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order)(Prather, Laura) [Transferred from Texas Eastern on 2/28/2022.]
September 23, 2021 Filing 4 First MOTION for Extension of Time to File Answer re #1 Complaint by NBCUniversal Media, LLC. (Prather, Laura) [Transferred from Texas Eastern on 2/28/2022.]
September 23, 2021 Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for NBCUniversal Media, LLC to 10/28/2021. 30 Days Granted for Deadline Extension.( baf, ) [Transferred from Texas Eastern on 2/28/2022.]
September 8, 2021 Filing 3 SUMMONS Returned Executed by Devin G. Nunes. NBCUniversal Media, LLC served on 9/7/2021, answer due 9/28/2021. (Sekharan, Madhu) [Transferred from Texas Eastern on 2/28/2022.]
September 3, 2021 Filing 2 SUMMONS Issued as to NBCUniversal Media, LLC. (baf, ) [Transferred from Texas Eastern on 2/28/2022.]
August 3, 2021 Filing 1 COMPLAINT against NBCUniversal Media, LLC ( Filing fee $ 402 receipt number 0540-8520687.), filed by Devin G. Nunes. (Attachments: #1 Civil Cover Sheet)(Sekharan, Madhu) [Transferred from Texas Eastern on 2/28/2022.]
August 3, 2021 Case assigned to District Judge Amos L. Mazzant, III. (daj, ) [Transferred from Texas Eastern on 2/28/2022.]
August 3, 2021 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (daj, ) [Transferred from Texas Eastern on 2/28/2022.]

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Plaintiff: Devin G. Nunes
Represented By: Madhu Suseela Sekharan
Represented By: Anthony C. Carlini, Jr.
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Defendant: NBCUniversal Media LLC
Represented By: Laura Lee Prather
Represented By: Michael Joseph Lambert
Represented By: Elizabeth A. McNamara
Represented By: Jeremy Adam Chase
Represented By: Selina MacLaren
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