McDaniel et al v. Home Box Office Inc.
| Angel McDaniel and Constance Simon |
| Home Box Office Inc. |
| 1:2022cv01942 |
| March 8, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
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Filing 34
OPINION AND ORDER re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). filed by Angel McDaniel, Constance Simon, #17 MOTION to Compel Arbitration . filed by Home Box Office Inc.. For the reasons discussed above, Defendant's motion to compel arbitration, to dismiss the class claims, and to stay the case is GRANTED, and Plaintiffs' motion to appoint class counsel is DENIED as moot. The parties must submit a joint update on the status of arbitration every six months, on the fifteenth of that month, or if the fifteenth falls on a weekend or holiday, on the first business day thereafter. The first update is due on July 15, 2023. The Clerk of Court is respectfully directed to STAY the case and terminate the open motions at docket entries 17 and 29. SO ORDERED. Case stayed. (Signed by Judge Valerie E. Caproni on 1/27/2023) (tg)
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Filing 33
REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). . Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip)
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Filing 32
RESPONSE in Opposition to Motion re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). . Document filed by Home Box Office Inc...(Chernof, Kenneth)
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Filing 31
DECLARATION of Philip L. Fraietta in Support re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3).. Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip)
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Filing 30
MEMORANDUM OF LAW in Support re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). . Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip)
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Filing 29
MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip)
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Filing 28
DECLARATION of TAYLOR DAVIS in Support re: #17 MOTION to Compel Arbitration .. Document filed by Home Box Office Inc...(Chernof, Kenneth)
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Filing 27
REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Compel Arbitration . . Document filed by Home Box Office Inc...(Chernof, Kenneth)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #17 MOTION to Compel Arbitration . . Document filed by Angel McDaniel, Constance Simon. (Attachments: #1 Exhibit Declaration of Angel McDaniel, #2 Exhibit Declaration of Constance Simon).(Arisohn, Joshua)
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Filing 25
ORDER FOR ADMISSION PRO HAC VICE. IT IS HEREBY ORDERED that Applicant, Joel D. Smith, is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Valerie E. Caproni on 6/2/2022) (kv) Modified on 6/3/2022 (kv).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #24 MOTION for Joel D. Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sgz)
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Pro Hac Vice Fee Due: for #24 MOTION for Joel D. Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff...(sgz)
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Pro Hac Vice Fee Payment: for #24 MOTION for Joel D. Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-26212198..(Smith, Joel)
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Filing 24
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joel D. Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Angel McDaniel, Constance Simon. (Attachments: #1 Exhibit Declaration of Joel Smith in Support of Motion for Admission Pro Hac Vice, #2 Exhibit CA Certificate of Good Standing, #3 Text of Proposed Order Text of Proposed Order).(Smith, Joel) Modified on 5/31/2022 (sgz).
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Filing 23
ORDER granting #22 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference, currently scheduled for Friday, June 3, 2022 at 2:00 P.M., is adjourned sine die. The Court will reschedule the initial pretrial conference and reset the deadline for pre-conference submissions upon resolution of the pending motion to compel arbitration. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/18/2022) (tg)
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Filing 22
LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Philip L. Fraietta dated 05/18/2022. Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip)
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to File Response/Reply re #20 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Compel Arbitration . addressed to Judge Valerie E. Caproni from Philip L. Fraietta dated May 3, 2022., #17 MOTION to Compel Arbitration . Application GRANTED. Plaintiffs' response in opposition to the motion to compel arbitration is due no later than Friday, June 3, 2022 and Defendant's reply in support of its motion is due no later than Friday, June 24, 2022. SO ORDERED. Responses due by 6/3/2022 Replies due by 6/24/2022. (Signed by Judge Valerie E. Caproni on 5/3/2022) (tg)
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Filing 20
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Compel Arbitration . addressed to Judge Valerie E. Caproni from Philip L. Fraietta dated May 3, 2022. Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip)
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Filing 19
DECLARATION of TAYLOR DAVIS in Support re: #17 MOTION to Compel Arbitration .. Document filed by Home Box Office Inc.. (Attachments: #1 Exhibit A).(Chernof, Kenneth)
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Filing 18
MEMORANDUM OF LAW in Support re: #17 MOTION to Compel Arbitration . . Document filed by Home Box Office Inc...(Chernof, Kenneth)
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Filing 17
MOTION to Compel Arbitration . Document filed by Home Box Office Inc...(Chernof, Kenneth)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (sac)
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Filing 16
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Warner Bros. Discovery, Inc. for Home Box Office Inc.. Document filed by Home Box Office Inc...(Chernof, Kenneth)
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Filing 15
NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 1942. Initial Conference set for 6/3/2022 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/6/2022) (tg)
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Elisabeth S. Theodore to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/4/2022) (tg)
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE granting #9 Motion for Kenneth Lee Chernof to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/4/2022) (tg)
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to File Response/Reply re #11 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint addressed to Judge Valerie E. Caproni from David B. Schwartz dated March 31, 2022. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/31/2022) (tg)
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Set/Reset Deadlines: Home Box Office Inc. answer due 4/29/2022. (tg) Modified on 4/1/2022 (tg).
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Filing 11
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint addressed to Judge Valerie E. Caproni from David B. Schwartz dated March 31, 2022. Document filed by Home Box Office Inc...(Schwartz, David)
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NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Edgardo Ramos is no longer assigned to the case. (aea)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Elisabeth S. Theodore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25936460. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Kenneth L. Chernof to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25936321. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 10
MOTION for Elisabeth S. Theodore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25936460. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Home Box Office Inc.. (Attachments: #1 Declaration of Elisabeth S. Theodore in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A Certificate of Good Standing - Maryland, #3 Errata B Certificate of Good Standing - District of Columbia, #4 Text of Proposed Order).(Theodore, Elisabeth)
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Filing 9
MOTION for Kenneth L. Chernof to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25936321. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Home Box Office Inc.. (Attachments: #1 Declaration of Kenneth L. Chernof in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A CA Certificate of Good Standing, #3 Exhibit B MD Certificate of Good Standing, #4 Exhibit C DC Certificate of Good Standing, #5 Text of Proposed Order).(Chernof, Kenneth)
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Filing 8
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T, Inc. for Home Box Office Inc.. Document filed by Home Box Office Inc...(Schwartz, David)
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Filing 7
NOTICE OF APPEARANCE by David Barry Schwartz on behalf of Home Box Office Inc...(Schwartz, David)
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Filing 6
NOTICE OF APPEARANCE by Philip Lawrence Fraietta on behalf of Angel McDaniel, Constance Simon..(Fraietta, Philip)
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Filing 5
SUMMONS RETURNED EXECUTED. Home Box Office Inc. served on 3/11/2022, answer due 4/1/2022. Service was accepted by Vincenza Cipriano, Registered Agent. Document filed by Angel McDaniel; Constance Simon..(Arisohn, Joshua)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Home Box Office Inc...(pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua David Arisohn. The following case opening statistical information was erroneously selected/entered: Cause of Action code blank;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331;. (pc)
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Magistrate Judge Debra C. Freeman 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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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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..(pc)
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Case Designated ECF. (pc)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Home Box Office, Inc., re: #1 Complaint. Document filed by Angel McDaniel, Constance Simon..(Arisohn, Joshua)
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Filing 2
CIVIL COVER SHEET filed..(Arisohn, Joshua)
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Filing 1
COMPLAINT against Home Box Office Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25832043)Document filed by Angel McDaniel, Constance Simon..(Arisohn, Joshua)
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