Carter et al v. Scripps Networks, LLC
| Crystal Carter, Susan Cifelli and Letitia Taylor |
| Discovery Communications, LLC and Scripps Networks, LLC |
| 1:2022cv02031 |
| March 11, 2022 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Paul G Gardephe |
| Other Statutory Actions |
| 18 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.
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Filing 47
CLERK'S JUDGMENT re: #46 Memorandum & Opinion in favor of Scripps Networks, LLC against Crystal Carter, Letitia Taylor, Susan Cifelli. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated April 24, 2023, Defendant's motion to dismiss is GRANTED. (Signed by Clerk of Court Ruby Krajick on 4/25/2023) (Attachments: #1 Appeal Package) (km)
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Filing 46
OPINION AND ORDER re: #28 MOTION to Dismiss the Complaint filed by Scripps Networks, LLC. Defendant's motion to dismiss is GRANTED. The Clerk is respectfully directed to terminate the motion. (ECF 28.) SO ORDERED. (Signed by Judge P. Kevin Castel on 4/24/2023) (vfr) Transmission to Orders and Judgments Clerk for processing.
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Filing 45
NOTICE of of Supplemental Authority re: #28 MOTION to Dismiss the Complaint., #32 Reply Memorandum of Law in Support of Motion. Document filed by Crystal Carter, Susan Cifelli, Letitia Taylor. (Attachments: #1 Exhibit 1- Belozerov v. Gannett Co.).(Arisohn, Joshua)
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Filing 44
LETTER: addressed to Counsel from Ruby J. Krajick, Clerk of Court dated 12/14/2022 re: I have been contacted by Judge Gardephe who presided over the above-captioned case before it was reassigned to Judge Castel on December 5, 2022. As you know, this action was filed on March 11, 2022, naming Discovery Communications LLC as Defendant. On April 8, 2022, Discovery, Inc. and AT&T closed a transaction in which AT&T's Warner Media unit merged with Discovery Inc., resulting in a new entity: Warner Bros. Discovery, Inc. As a result of that transaction and Judge Gardephe's ownership of AT&T stock, certain Warner Bros. Discovery, Inc. stock was issued to Judge Gardephe. On July 27, 2022, the parties filed a joint stipulation so ordered by the Court substituting Scripps Networks, LLC for Discovery Communications, Inc. as Defendant. On December 5, 2022, it was brought to Judge Gardephe's attention that Warner Bros.Discovery, Inc. is a corporate parent of Scripps Networks, LLC, and Judge Gardephe then notified the Clerk's Office that he wished to recuse himself from this case. Judge Gardephe's ownership of Warner Bros. Discovery, Inc. stock did not affect or impact any decisions he rendered in this case. However, his ownership of Warner Bros. Discovery, Inc. stock may have required recusal under the Code of Conduct for United States Judges, and thus, Judge Gardephe requested reassignment and directed that I notify the parties of the potential conflict. Advisory Opinion 71, from the Judicial Conference Codes of Conduct Committee, provides the following guidance regarding disqualification: [A] judge should disclose to the parties the facts bearing on disqualification as soon as those facts are learned, even though that may occur after entry of the decision. The parties may then determine what relief they may seek and a court (without the disqualified judge) will decide the legal consequence, if any, arising from the participation of the disqualified judge in the entered decision. If you wish to respond to the disclosure of a potential conflict in this matter, please file your response in the above-named case. Any response will be considered without the participation of Judge Gardephe. (Signed by Clerk of Court Ruby Krajick on 12/14/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #44 Endorsed Letter, to Philip Fraietta and Joshua Arisohn at Bursor & Fisher P.A. 888 Seventh Avenue New York, NY 10019; David Yohai, David Singh, David Yolkut, Randi Singer and Blake Steinberg at Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153 by FedEx Standard Overnight Mail No 8163 8281 6993, 8163 8281 6732, 8163 8281 6949, 8163 8281 6592, 8163 8281 6640, 8163 8281 6721, 8163 8281 6710 respectively. (dsh)
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***DELETED DOCUMENT. Deleted document number #44 Letter. The document was incorrectly filed in this case. (ama)
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NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Paul G. Gardephe is no longer assigned to the case. (aea)
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Filing 43
LETTER addressed to Judge Paul G. Gardephe from David L. Yohai dated December 1, 2022 re: Response to Plaintiffs' Notice of Supplemental Authority [ECF No. 42]. Document filed by Scripps Networks, LLC..(Yohai, David)
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Filing 42
NOTICE of Supplemental Authority re: #28 MOTION to Dismiss the Complaint., #34 Memorandum of Law in Opposition to Motion. Document filed by Crystal Carter, Susan Cifelli, Letitia Taylor. (Attachments: #1 Exhibit 1 - Czarnionka v. The Epoch Times Association).(Arisohn, Joshua)
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Filing 41
LETTER addressed to Judge Paul G. Gardephe from David L. Yohai dated November 7, 2022 re: Response to Plaintiffs' Notice of Supplemental Authority [ECF No. 40]. Document filed by Scripps Networks, LLC..(Yohai, David)
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Filing 40
NOTICE of Supplemental Authority. Document filed by Crystal Carter, Susan Cifelli, Letitia Taylor. (Attachments: #1 Exhibit 1).(Arisohn, Joshua)
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Filing 39
LETTER addressed to Judge Paul G. Gardephe from David L. Yohai dated September 23, 2022 re: Response to Plaintiffs' Notices of Supplemental Authority [ECF Nos. 37, 38]. Document filed by Scripps Networks, LLC..(Yohai, David)
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Filing 38
NOTICE of Supplemental Authority. Document filed by Crystal Carter, Susan Cifelli, Letitia Taylor. (Attachments: #1 Exhibit 1).(Fraietta, Philip)
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Filing 37
NOTICE of Supplemental Authority. Document filed by Crystal Carter, Susan Cifelli, Letitia Taylor. (Attachments: #1 Exhibit 1).(Fraietta, Philip)
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Filing 36
NOTICE OF APPEARANCE by Philip Lawrence Fraietta on behalf of Crystal Carter, Susan Cifelli, Letitia Taylor..(Fraietta, Philip)
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Filing 35
CERTIFICATE OF SERVICE of Plaintiffs' Opposition to Defendants Motion to Dismiss served on Defendant Scripps Networks on 08/30/2022. Document filed by Crystal Carter, Susan Cifelli, Letitia Taylor..(Fraietta, Philip)
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Filing 34
MEMORANDUM OF LAW in Opposition re: #28 MOTION to Dismiss the Complaint. . Document filed by Crystal Carter, Susan Cifelli, Letitia Taylor..(Fraietta, Philip)
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Filing 33
CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Motion to Dismiss served on Plaintiffs Crystal Carter, Susan Cifelli and Letitia Taylor on September 13, 2022. Document filed by Scripps Networks, LLC..(Steinberg, Blake)
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Filing 32
REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss the Complaint. . Document filed by Scripps Networks, LLC..(Yohai, David)
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Filing 31
CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Memorandum of Law in Support of Motion to Dismiss, and Declaration of Blake J. Steinberg served on Plaintiffs Crystal Carter, Susan Cifelli and Letitia Taylor on August 2, 2022. Document filed by Scripps Networks, LLC..(Steinberg, Blake)
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Filing 30
DECLARATION of Blake J. Steinberg in Support re: #28 MOTION to Dismiss the Complaint.. Document filed by Scripps Networks, LLC. (Attachments: #1 Exhibit A - Sample "HGTV Gardens and Outdoors" Newsletter).(Steinberg, Blake)
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Filing 29
MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss the Complaint. . Document filed by Scripps Networks, LLC..(Yohai, David)
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Filing 28
MOTION to Dismiss the Complaint. Document filed by Scripps Networks, LLC..(Yohai, David)
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Filing 27
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Scripps Networks Interactive, Inc., Corporate Parent Warner Bros. Discovery, Inc., Corporate Parent Networks Holdings, Inc. for Scripps Networks, LLC. Document filed by Scripps Networks, LLC..(Yohai, David)
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Filing 26
NOTICE OF APPEARANCE by Blake Jacob Steinberg on behalf of Scripps Networks, LLC..(Steinberg, Blake)
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Filing 25
NOTICE OF APPEARANCE by David Efrem Yolkut on behalf of Scripps Networks, LLC..(Yolkut, David)
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Filing 24
NOTICE OF APPEARANCE by Randi Wolkenbreit Singer on behalf of Scripps Networks, LLC..(Singer, Randi)
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Filing 23
NOTICE OF APPEARANCE by David Ramraj Singh on behalf of Scripps Networks, LLC..(Singh, David)
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Filing 22
NOTICE OF APPEARANCE by David Lawrence Yohai on behalf of Scripps Networks, LLC..(Yohai, David)
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Filing 21
JOINT STIPULATION AND ORDER TO SUBSTITUTE PARTY AND CHANGE CASE CAPTION: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by the parties hereto, through their undersigned attorneys, the following: 1. Scripps Networks, LLC shall be and is substituted in place and instead of Discovery Communications, LLC as the Defendant herein. 2. All references in the Complaint to Discovery Communications, LLC or Defendant shall be deemed to be a reference to Scripps Networks, LLC. 3. The caption for this action shall be and is amended as follows: as further set forth in this order. 4. All subsequent documents filed in this action shall reflect the above substitution. 5. Entry into this Stipulation shall not prejudice or adversely affect any other rights, claims or defenses of any party, or the current briefing schedule on the motion to dismiss ordered by the Court, and all rights, claims, and defenses (and any responses thereto) are expressly preserved by the parties. Should it be necessary to add Discovery Communications, LLC (Discovery LLC) back into this lawsuit, the parties agree that the statute of limitations for any claims or causes of action asserted herein by Plaintiff and/or other members of the putative class against Discovery LLC shall be tolled from the filing date of this lawsuit until the date this matter is resolved. IT IS SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/27/2022) Scripps Networks, LLC added. Discovery Communications, LLC terminated. (ks)
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Filing 20
PROPOSED STIPULATION AND ORDER. Document filed by Discovery Communications, LLC..(Yohai, David)
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Filing 19
ORDER terminating #14 Letter Motion for Conference re: #14 LETTER MOTION for Conference (to request a pre-motion conference in connection with Discovery's proposed Motion to Dismiss Plaintiffs' Complaint) addressed to Judge Paul G. Gardephe from David L. Yohai dated April 25, 2022. It is hereby ORDERED that the following schedule will apply to Defendant's motion to dismiss (see Dkt. No. 14): 1. Defendant's motion papers are due on August 2, 2022; 2. Plaintiffs' opposition is due on August 30, 2022; 3. Defendant's reply, if any, is due on September 13, 2022. The conference scheduled for July 7, 2022 is adjourned sine die. (Signed by Judge Paul G. Gardephe on 6/30/2022) (tro)
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Set/Reset Deadlines: Motions due by 8/2/2022. Responses due by 8/30/2022, Replies due by 9/13/2022. (tro)
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Filing 18
JOINT LETTER addressed to Judge Paul G. Gardephe from Joshua D. Arisohn dated 6/29/2022 re: July 7, 2022 Initial Pretrial Conference. Document filed by Crystal Carter, Susan Cifelli, Letitia Taylor. (Attachments: #1 Exhibit Civil Case Management Plan and Scheduling Order).(Arisohn, Joshua)
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Filing 17
ORDER granting #16 Letter Motion to Adjourn Conference. The conference in this matter currently scheduled for June 9, 2022 is adjourned to July 7, 2022 at 10:45 a.m. SO ORDERED. Initial Conference set for 7/7/2022 at 10:45 AM before Judge Paul G. Gardephe.. (Signed by Judge Paul G. Gardephe on 5/17/2022) (kv)
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Filing 16
CONSENT LETTER MOTION to Adjourn Conference (request for adjournment of initial pre-trial conference) addressed to Judge Paul G. Gardephe from David L. Yohai dated May 12, 2022. Document filed by Discovery Communications, LLC..(Yohai, David)
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Filing 15
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Philip L. Fraietta dated April 28, 2022 re: #14 LETTER MOTION for Conference (to request a pre-motion conference in connection with Discovery's proposed Motion to Dismiss Plaintiffs' Complaint) addressed to Judge Paul G. Gardephe from David L. Yohai dated April 25, 2022. . Document filed by Crystal Carter, Susan Cifelli, Letitia Taylor..(Fraietta, Philip)
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Filing 14
LETTER MOTION for Conference (to request a pre-motion conference in connection with Discovery's proposed Motion to Dismiss Plaintiffs' Complaint) addressed to Judge Paul G. Gardephe from David L. Yohai dated April 25, 2022. Document filed by Discovery Communications, LLC..(Yohai, David)
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Filing 13
JOINT STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by the parties hereto, through their undersigned attorneys, the following: 1. Defendants time to answer, move, or otherwise respond to the Complaint shall be extended to and including April 28, 2022. 2. This Stipulation may be modified by mutual agreement of the parties or by motion for good cause shown. 3. Entry into this Stipulation shall not prejudice or adversely affect any other rights, claims or defenses of any party, and all other rights, claims, and defenses (and any responses thereto) are expressly preserved by the parties. IT IS SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/7/2022) Discovery Communications, LLC answer due 4/28/2022. (ks)
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Filing 12
NOTICE OF APPEARANCE by David Ramraj Singh on behalf of Discovery Communications, LLC..(Singh, David)
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Filing 11
NOTICE OF APPEARANCE by Randi Wolkenbreit Singer on behalf of Discovery Communications, LLC..(Singer, Randi)
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Filing 10
NOTICE OF APPEARANCE by David Efrem Yolkut on behalf of Discovery Communications, LLC..(Yolkut, David)
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Filing 9
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Discovery, Inc. for Discovery Communications, LLC. Document filed by Discovery Communications, LLC..(Yohai, David)
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Filing 8
NOTICE OF APPEARANCE by David Lawrence Yohai on behalf of Discovery Communications, LLC..(Yohai, David)
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Filing 7
PROPOSED STIPULATION AND ORDER. Document filed by Discovery Communications, LLC..(Yohai, David)
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Filing 6
SUMMONS RETURNED EXECUTED. Discovery Communications, LLC served on 3/21/2022, answer due 4/11/2022. Service was accepted by Kathy Krieger-Jewell, Registered Agent. Document filed by Crystal Carter; Letitia Taylor; Susan Cifelli..(Arisohn, Joshua)
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Filing 5
NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 6/9/2022 at 11:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/16/2022) (ks)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Discovery Communications, LLC..(gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(gp)
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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. (gp)
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Case Designated ECF. (gp)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Discovery Communications, LLC, re: #1 Complaint. Document filed by Crystal Carter, Susan Cifelli, Letitia Taylor..(Arisohn, Joshua)
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Filing 2
CIVIL COVER SHEET filed..(Arisohn, Joshua)
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Filing 1
COMPLAINT against Discovery Communications, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25848121)Document filed by Crystal Carter, Letitia Taylor, Susan Cifelli..(Arisohn, Joshua)
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