Isaly v. Boston Globe Media Partners, LLC
Plaintiff: Samuel D. Isaly
Defendant: Boston Globe Media Partners, LLC, Damian Garde and Delilah Burke
Case Number: 1:2022cv02254
Filed: March 18, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Laura Taylor Swain
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 May 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 16, 2022 Filing 41 NOTICE OF APPEARANCE by Kenneth Ian Schacter on behalf of Boston Globe Media Partners, LLC, Damian Garde..(Schacter, Kenneth)
May 16, 2022 Filing 40 NOTICE OF APPEARANCE by Andrew M Buttaro on behalf of Damian Garde..(Buttaro, Andrew)
May 16, 2022 Filing 39 NOTICE OF APPEARANCE by Jonathan M. Albano on behalf of Damian Garde..(Albano, Jonathan)
May 13, 2022 Opinion or Order 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)
May 13, 2022 >>>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)
May 12, 2022 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)
May 12, 2022 Opinion or Order 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)
May 12, 2022 Set/Reset Deadlines: Motions due by 5/18/2022. Responses due by 6/8/2022 Replies due by 6/22/2022. (vfr)
May 11, 2022 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)
May 11, 2022 Filing 34 RESPONSE TO ORDER TO SHOW CAUSE re: #33 Order to Show Cause,,,. Document filed by Samuel D. Isaly..(Lewis, Alan)
May 5, 2022 Opinion or Order 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)
May 4, 2022 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)
May 3, 2022 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)
May 3, 2022 Filing 30 NOTICE OF APPEARANCE by Andrew M Buttaro on behalf of Boston Globe Media Partners, LLC..(Buttaro, Andrew)
May 2, 2022 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)
April 28, 2022 Filing 28 ELECTRONIC SUMMONS ISSUED as to Delilah Burke..(pc)
April 28, 2022 Filing 27 ELECTRONIC SUMMONS ISSUED as to Damian Garde..(pc)
April 28, 2022 Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss . . Document filed by Boston Globe Media Partners, LLC..(Schacter, Kenneth)
April 28, 2022 Filing 25 MOTION to Dismiss . Document filed by Boston Globe Media Partners, LLC..(Schacter, Kenneth)
April 27, 2022 Filing 24 MEMORANDUM OF LAW in Support re: #22 MOTION to Remand to State Court . . Document filed by Samuel D. Isaly..(Lewis, Alan)
April 27, 2022 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)
April 27, 2022 Filing 22 MOTION to Remand to State Court . Document filed by Samuel D. Isaly..(Lewis, Alan)
April 27, 2022 Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Delilah Burke, re: #19 Amended Complaint. Document filed by Samuel D. Isaly..(Lewis, Alan)
April 27, 2022 Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Damian Garde, re: #19 Amended Complaint. Document filed by Samuel D. Isaly..(Lewis, Alan)
April 27, 2022 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)
April 25, 2022 Opinion or Order 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)
April 25, 2022 Set/Reset Deadlines: Responses due by 5/18/2022 (vfr)
April 24, 2022 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)
April 18, 2022 Opinion or Order 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)
April 18, 2022 Set/Reset Deadlines: Responses due by 5/16/2022 Replies due by 6/1/2022. (vfr)
April 17, 2022 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)
April 11, 2022 Opinion or Order 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)
April 7, 2022 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)
April 1, 2022 Opinion or Order 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)
April 1, 2022 NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Paul G. Gardephe is no longer assigned to the case. (aea)
April 1, 2022 Magistrate Judge Gabriel W. Gorenstein is so redesignated. (aea)
April 1, 2022 CASE ACCEPTED AS RELATED. Create association to 1:19-cv-09620-GHW. Notice of Assignment to follow. (aea)
March 30, 2022 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)
March 29, 2022 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)
March 25, 2022 Opinion or Order 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)
March 24, 2022 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)
March 24, 2022 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)
March 22, 2022 Opinion or Order 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)
March 21, 2022 Filing 5 NOTICE OF APPEARANCE by Alan S. Lewis on behalf of Samuel D. Isaly..(Lewis, Alan)
March 21, 2022 ***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)
March 21, 2022 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)
March 21, 2022 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)
March 21, 2022 Case Designated ECF. (vf)
March 18, 2022 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)
March 18, 2022 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)
March 18, 2022 Filing 2 CIVIL COVER SHEET filed..(Schacter, Kenneth)
March 18, 2022 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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Plaintiff: Samuel D. Isaly
Represented By: Alan S. Lewis
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Defendant: Boston Globe Media Partners, LLC
Represented By: Kenneth Ian Schacter
Represented By: Jonathan M. Albano
Represented By: Andrew M Buttaro
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Defendant: Damian Garde
Represented By: Jonathan M. Albano
Represented By: Kenneth Ian Schacter
Represented By: Andrew M Buttaro
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Defendant: Delilah Burke
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