Isaly v. Boston Globe Media Partners, LLC
| Samuel D. Isaly |
| Boston Globe Media Partners, LLC, Damian Garde and Delilah Burke |
| 1:2022cv02254 |
| March 18, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 lb Diversity-Libel, Assault, Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 10, 2023. A more recent docket listing may be available from PACER.
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Filing 41
NOTICE OF APPEARANCE by Kenneth Ian Schacter on behalf of Boston Globe Media Partners, LLC, Damian Garde..(Schacter, Kenneth)
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Filing 40
NOTICE OF APPEARANCE by Andrew M Buttaro on behalf of Damian Garde..(Buttaro, Andrew)
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Filing 39
NOTICE OF APPEARANCE by Jonathan M. Albano on behalf of Damian Garde..(Albano, Jonathan)
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Filing 38
ORDER FOR ADMISSION PRO HAC VICE granting #37 Motion for Jonathan M. Albano to Appear Pro Hac Vice; granting #37 Motion to Add Applicant(s) Jonathan M. Albano. (Signed by Judge Laura Taylor Swain on 5/13/2022) (vfr)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Jonathan M. Albano to Appear Pro Hac Vice for Boston Globe Media Partners, LLC. Filing fee $ 200.00, receipt number ANYSDC-26136609. Motion and supporting papers to be reviewed by Clerk's Office staff MOTION to Add Applicant(s) Jonathan M. Albano .. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 37
MOTION for Jonathan M. Albano to Appear Pro Hac Vice for Boston Globe Media Partners, LLC. Filing fee $ 200.00, receipt number ANYSDC-26136609. Motion and supporting papers to be reviewed by Clerk's Office staff., MOTION to Add Applicant(s) Jonathan M. Albano . Document filed by Boston Globe Media Partners, LLC. (Attachments: #1 Affidavit (Declaration) in Support of Motion, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion for Admission Pro Hac Vice).(Albano, Jonathan)
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Filing 36
ORDER denying without prejudice to renewal #25 Motion to Dismiss; terminating #29 Letter Motion to Stay re: #25 MOTION to Dismiss . The Court has received and reviewed the parties' submissions (docket entry nos. 34 and 35) in response to the Court's order to show cause issued on May 5, 2022. (Docket entry no. 33.) It is hereby ordered that Defendant's motion to dismiss is denied without prejudice to renewal in light of Plaintiff's filing of an amended complaint. Defendant is hereby directed to file any motion to dismiss the amended complaint (docket entry no. 19) by May 18, 2022. Plaintiff must file any opposition to Defendant's motion to dismiss by June 8, 2022. Defendant must file any reply by June 22, 2022. This order resolves docket entry nos. 25 and 29. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/12/2022) (vfr)
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Set/Reset Deadlines: Motions due by 5/18/2022. Responses due by 6/8/2022 Replies due by 6/22/2022. (vfr)
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Filing 35
RESPONSE TO ORDER TO SHOW CAUSE re: #33 Order to Show Cause,,,. Document filed by Boston Globe Media Partners, LLC. (Attachments: #1 Exhibit A - Redline).(Buttaro, Andrew)
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Filing 34
RESPONSE TO ORDER TO SHOW CAUSE re: #33 Order to Show Cause,,,. Document filed by Samuel D. Isaly..(Lewis, Alan)
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Filing 33
ORDER TO SHOW CAUSE: The Court has received and reviewed the parties' submissions in connection with Plaintiff's request that the Court stay briefing on Defendant's motion to dismiss. (See docket entry nos. 29, 31, and 32.) The parties are hereby directed to meet and confer and each file a written response by May 11, 2022, showing cause as to why Defendant's motion to dismiss (docket entry no. 25), and Plaintiff's request to stay briefing on Defendant's motion to dismiss (docket entry no. 29), should not be terminated as moot, without prejudice, in light of the amended pleading. (Docket entry no. 19). The Court hereby suspends briefing on Defendant's motion to dismiss pending the resolution of this order to show cause. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/5/2022) (vfr)
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Filing 32
LETTER REPLY to Response to Motion addressed to Judge Laura Taylor Swain from Alan S. Lewis dated May 4, 2022 re: #29 LETTER MOTION to Stay Deadline to Respond to Defendant's Motion to Dismiss (ECF No. 26) Until Motion to Remand (ECF No. 24) has been resolved addressed to Judge Laura Taylor Swain from Alan S. Lewis dated May 2, 2022. . Document filed by Samuel D. Isaly..(Lewis, Alan)
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Filing 31
LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from Boston Globe Media Partners, LLC dated May 3, 2022 re: #29 LETTER MOTION to Stay Deadline to Respond to Defendant's Motion to Dismiss (ECF No. 26) Until Motion to Remand (ECF No. 24) has been resolved addressed to Judge Laura Taylor Swain from Alan S. Lewis dated May 2, 2022. . Document filed by Boston Globe Media Partners, LLC..(Buttaro, Andrew)
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Filing 30
NOTICE OF APPEARANCE by Andrew M Buttaro on behalf of Boston Globe Media Partners, LLC..(Buttaro, Andrew)
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Filing 29
LETTER MOTION to Stay Deadline to Respond to Defendant's Motion to Dismiss (ECF No. 26) Until Motion to Remand (ECF No. 24) has been resolved addressed to Judge Laura Taylor Swain from Alan S. Lewis dated May 2, 2022. Document filed by Samuel D. Isaly..(Lewis, Alan)
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Filing 28
ELECTRONIC SUMMONS ISSUED as to Delilah Burke..(pc)
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Filing 27
ELECTRONIC SUMMONS ISSUED as to Damian Garde..(pc)
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Filing 26
MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss . . Document filed by Boston Globe Media Partners, LLC..(Schacter, Kenneth)
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Filing 25
MOTION to Dismiss . Document filed by Boston Globe Media Partners, LLC..(Schacter, Kenneth)
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Filing 24
MEMORANDUM OF LAW in Support re: #22 MOTION to Remand to State Court . . Document filed by Samuel D. Isaly..(Lewis, Alan)
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Filing 23
DECLARATION of Alan S. Lewis in Support re: #22 MOTION to Remand to State Court .. Document filed by Samuel D. Isaly. (Attachments: #1 Exhibit 1 - Copy of March 3, 2022 E-Mail from Alan Lewis to Justice D'Auguste, #2 Exhibit 2 - Copy of Request for Judicial Intervention Form, #3 Exhibit 3 - Copy of Transfer Order).(Lewis, Alan)
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Filing 22
MOTION to Remand to State Court . Document filed by Samuel D. Isaly..(Lewis, Alan)
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Filing 21
REQUEST FOR ISSUANCE OF SUMMONS as to Delilah Burke, re: #19 Amended Complaint. Document filed by Samuel D. Isaly..(Lewis, Alan)
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Filing 20
REQUEST FOR ISSUANCE OF SUMMONS as to Damian Garde, re: #19 Amended Complaint. Document filed by Samuel D. Isaly..(Lewis, Alan)
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Filing 19
AMENDED COMPLAINT against Boston Globe Media Partners, LLC, Damian Garde, Delilah Burke with JURY DEMAND.Document filed by Samuel D. Isaly. (Attachments: #1 Exhibit A - Article written by Garde and published by BGMP).(Lewis, Alan)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time. The foregoing request is granted. The Court adopts the modified briefing schedule proposed herein. Dkt. no. 17 resolved. SO ORDERED. Motions due by 4/27/2022. (Signed by Judge Laura Taylor Swain on 4/25/2022) (vfr)
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Set/Reset Deadlines: Responses due by 5/18/2022 (vfr)
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Filing 17
CONSENT LETTER MOTION for Extension of Time of the due dates for the motions set forth in the briefing schedule ordered by the Court addressed to Judge Laura Taylor Swain from Alan S. Lewis dated April 24, 2022. Document filed by Samuel D. Isaly..(Lewis, Alan)
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time. The foregoing request is granted. The Court adopts the modified briefing schedule proposed herein. Dkt. No. 15 resolved. SO ORDERED. Motions due by 4/25/2022. (Signed by Judge Laura Taylor Swain on 4/18/2022) (vfr)
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Set/Reset Deadlines: Responses due by 5/16/2022 Replies due by 6/1/2022. (vfr)
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Filing 15
CONSENT LETTER MOTION for Extension of Time of the due dates set forth in the briefing schedule ordered by the Court addressed to Judge Laura Taylor Swain from Alan S. Lewis dated April 17, 2022. Document filed by Samuel D. Isaly..(Lewis, Alan)
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter Parties' Positions Concerning Briefing Schedule of Motions Pursuant to the Court's April 1, 2022 Order, filed by Boston Globe Media Partners, LLC. ENDORSEMENT: The parallel briefing schedule proposed by Defendant is approved. SO ORDERED., ( Motions due by 4/18/2022., Responses due by 5/9/2022, Replies due by 5/23/2022.) (Signed by Judge Laura Taylor Swain on 4/11/22) (yv)
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Filing 13
LETTER addressed to Judge Laura Taylor Swain from Kenneth I. Schacter and Alan S. Lewis dated April 7, 2022 re: Parties' Positions Concerning Briefing Schedule of Motions Pursuant to the Court's April 1, 2022 Order. Document filed by Boston Globe Media Partners, LLC..(Schacter, Kenneth)
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Filing 12
ORDER: The parties are hereby directed to meet and confer and submit a joint letter, by April 7, 2022, informing the Court of their proposed briefing schedule for any pre-answer motion practice in this action. (Signed by Judge Laura Taylor Swain on 4/1/2022) (ate)
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Magistrate Judge Gabriel W. Gorenstein is so redesignated. (aea)
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NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Paul G. Gardephe is no longer assigned to the case. (aea)
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CASE ACCEPTED AS RELATED. Create association to 1:19-cv-09620-GHW. Notice of Assignment to follow. (aea)
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Filing 11
LETTER addressed to Judge Paul G. Gardephe from Kenneth I. Schacter dated March 30, 2022 re: response to the March 29, 2022 letter from counsel for plaintiff (Dkt. 10). Document filed by Boston Globe Media Partners, LLC..(Schacter, Kenneth)
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Filing 10
LETTER addressed to Judge Paul G. Gardephe from Alan S. Lewis dated March 29, 2022 re: Response to the letter dated March 24, 2022 from counsel for Defendant Boston Globe Media Partners, LLC by which Boston Globe Media Partners LLC seeks reassignment of this case away from Judge Gardephe and to Chief Judge Swain. Document filed by Samuel D. Isaly..(Lewis, Alan)
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Filing 9
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 LETTER MOTION for Extension of Time to File Answer to April 15, 2022 addressed to Judge Paul G. Gardephe from Kenneth I. Schacter dated March 24, 2022. The Application is granted. SO ORDERED. Boston Globe Media Partners, LLC answer due 4/15/2022. (Signed by Judge Paul G. Gardephe on 3/25/2022) (va)
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Filing 8
LETTER addressed to Judge Paul G. Gardephe from Kenneth I. Schacter dated March 24, 2022 re: relatedness. Document filed by Boston Globe Media Partners, LLC..(Schacter, Kenneth)
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Filing 7
LETTER MOTION for Extension of Time to File Answer to April 15, 2022 addressed to Judge Paul G. Gardephe from Kenneth I. Schacter dated March 24, 2022. Document filed by Boston Globe Media Partners, LLC..(Schacter, Kenneth)
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Filing 6
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 3/22/2022) (ks)
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Filing 5
NOTICE OF APPEARANCE by Alan S. Lewis on behalf of Samuel D. Isaly..(Lewis, Alan)
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Case Designated ECF. (vf)
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Magistrate Judge James L. Cott 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. (vf)
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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..(vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kenneth Ian Schacter. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding). The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court). (vf)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Algonquin Acquisition Company, LLC for Boston Globe Media Partners, LLC. Document filed by Boston Globe Media Partners, LLC..(Schacter, Kenneth)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 18- cv- 09620. Document filed by Boston Globe Media Partners, LLC..(Schacter, Kenneth)
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Filing 2
CIVIL COVER SHEET filed..(Schacter, Kenneth)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 151825/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-25883677).Document filed by Boston Globe Media Partners, LLC. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Exhibit B - State Court Docket Sheet).(Schacter, Kenneth)
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