Drabinsky v. Actors' Equity Association
| GARTH DRABINSKY |
| Actors' Equity Association |
| 1:2022cv08933 |
| October 20, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2023. A more recent docket listing may be available from PACER.
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Filing 24
LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Olivia Singer dated December 16, 2022. Document filed by Actors' Equity Association..(Singer, Olivia)
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Filing 23
LETTER addressed to Judge Lorna G. Schofield from Olivia Singer dated December 16, 2022 re: motion to dismiss. Document filed by Actors' Equity Association..(Singer, Olivia)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #20 MOTION for NATHANIEL J. HARRIS to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27087984. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia 804-786-2251 (Virginia State Bar not accepted). 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. (sgz)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for DEREK W. MOORE 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): missing Certificate of Good Standing from Supreme Court of Virginia 804-786-2251 (State Bar of Virginia not accepted). 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. (sgz)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 MOTION for JOSHUA D. WRIGHT 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): missing Certificate of Good Standing from Supreme Court of California 415-865-7000 (State Bar of CA not accepted). 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. (sgz)
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Filing 22
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for JOSHUA D. WRIGHT to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Garth Drabinsky. (Attachments: #1 Exhibit Declaration of Joshua D. Wright re: Admission, #2 Exhibit D.C. Bar Good Standing, #3 Exhibit California Bar Good Standing, #4 Exhibit Text of Proposed Order).(Roth, Richard) Modified on 12/15/2022 (sgz).
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Filing 21
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for DEREK W. MOORE to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Garth Drabinsky. (Attachments: #1 Exhibit Declaration of Derek W. Moore re: Admission, #2 Exhibit D.C. Bar Good Standing, #3 Exhibit Virginia Bar Good Standing, #4 Exhibit Text of Proposed Order).(Roth, Richard) Modified on 12/15/2022 (sgz).
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Filing 20
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for NATHANIEL J. HARRIS to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27087984. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Garth Drabinsky. (Attachments: #1 Exhibit Declaration of Nathaniel J. Harris re: Admission, #2 Exhibit D.C. Bar Good Standing, #3 Exhibit Virginia Bar Good Standing, #4 Exhibit Text of Proposed Order).(Roth, Richard) Modified on 12/15/2022 (sgz).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for DEREK W. MOORE to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27082986. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia; Ink Signature needed when not using own Pacer account;. 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. (sgz)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #17 MOTION for NATHANIEL J. HARRIS 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): missing Certificate of Good Standing from Supreme Court of Virginia; the filing fee was not paid; Ink Signature needed when not using own Pacer account;. 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. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sgz)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for JOSHUA D. WRIGHT to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27082991. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; Ink Signature needed when not using own Pacer account;. 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. (sgz)
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Filing 19
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for JOSHUA D. WRIGHT to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27082991. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Garth Drabinsky. (Attachments: #1 Exhibit Declaration of Joshua D. Wright re: Admission, #2 Exhibit D.C. Bar Good Standing, #3 Exhibit Text of Proposed Order).(Roth, Richard) Modified on 12/14/2022 (sgz).
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Filing 18
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for DEREK W. MOORE to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27082986. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Garth Drabinsky. (Attachments: #1 Exhibit Declaration of Derek W. Moore re: Admission, #2 Exhibit D.C. Bar Good Standing, #3 Exhibit Virginia Bar Good Standing, #4 Exhibit Text of Proposed Order).(Roth, Richard) Modified on 12/14/2022 (sgz).
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Filing 17
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for NATHANIEL J. HARRIS to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Garth Drabinsky. (Attachments: #1 Exhibit Declaration of Nathaniel J. Harris re: Motion for Admission PHV, #2 Exhibit D.C. Bar Good Standing, #3 Exhibit Virginia Bar Good Standing, #4 Exhibit Text of Proposed Order).(Roth, Richard) Modified on 12/14/2022 (sgz).
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Filing 16
FIRST AMENDED COMPLAINT amending #1 Complaint,,, against Actors' Equity Association with JURY DEMAND.Document filed by Garth Drabinsky. Related document: #1 Complaint,,,. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 39A, #44 Exhibit 40).(Roth, Richard)
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Filing 15
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: granting #12 Letter Motion for Extension of Time to File. This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See28 U.S.C. 636(c). Amended pleadings may be filed without leave of Court until 12/09/2022. Fact Discovery: 4/13/2023. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 4/13/2023. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than 5/30/2023. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is Plaintiff estimates 10 days; Defendant estimates 4-5d days. A pre-motion conference June 14, 2023, at 4:20 p.m. To jointhe conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/07/2022) (ama)
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Filing 14
ORDER granting #12 Letter Motion for Extension of Time to File. Application GRANTED. Plaintiff's deadline to file the Amended Complaint is extended to December 13, 2022. In the future, Plaintiff shall note in any extension request whether the Defendant consents or objects to the request. (Signed by Judge Lorna G. Schofield on 12/7/2022) (rro)
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Filing 13
ORDER: It is hereby ORDERED that the December 14, 2022, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 12/07/2022) (ama)
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Filing 12
LETTER MOTION for Extension of Time to File Amended Complaint addressed to Judge Lorna G. Schofield from Richard A. Roth dated 12/07/2022. Document filed by Garth Drabinsky..(Roth, Richard)
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Filing 11
JOINT LETTER addressed to Judge Lorna G. Schofield from Olivia Singer dated December 7, 2022 re: Initial Pretrial Conference. Document filed by Actors' Equity Association..(Singer, Olivia)
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Set/Reset Deadlines: Amended Pleadings due by 12/13/2022. (rro)
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Set/Reset Deadlines: ( Amended Pleadings due by 12/9/2022., Deposition due by 4/13/2023., Expert Discovery due by 5/30/2023., Fact Discovery due by 4/13/2023.), Set/Reset Hearings:( Pre-Motion Conference set for 6/14/2023 at 04:20 PM before Judge Lorna G. Schofield.) (ama)
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter filed by Garth Drabinsky. ENDORSEMENT Application GRANTED. Plaintiff shall file his amended complaint by December 9, 2022. (Amended Pleadings due by 12/9/2022.) (Signed by Judge Lorna G. Schofield on 11/18/2022) (jca)
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Filing 9
LETTER addressed to Judge Lorna G. Schofield from Richard A. Roth dated 11/17/2022 re: Defendant's Proposed Motion to Dismiss (D.E. # 7). Document filed by Garth Drabinsky..(Roth, Richard)
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Filing 8
MEMO ENDORSEMENT on re: #7 Letter filed by Actors' Equity Association. ENDORSEMENT: Plaintiff shall file a responsive letter, not to exceed three pages, by November 17, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 11/14/2022) (mml)
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Filing 7
LETTER addressed to Judge Lorna G. Schofield from Olivia Singer dated November 10, 2022 re: motion to dismiss. Document filed by Actors' Equity Association..(Singer, Olivia)
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Filing 6
NOTICE OF APPEARANCE by Olivia Ruth Singer on behalf of Actors' Equity Association..(Singer, Olivia)
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Filing 5
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on December 14, 2022 at 4:20p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. Initial Conference set for 12/14/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/28/2022) (mml)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Actors' Equity Association..(jgo)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Actors' Equity Association, re: #1 Complaint,,,. Document filed by Garth Drabinsky..(Levenson, Brian)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard Alan Roth. The party information for the following party/parties has been modified: GARTH DRABINSKY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Alan Roth. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 360 (P.I.: Other); Citizenship Defendant code 1 (Citizen of This State); County code New York;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 320 (Assault Libel & Slander); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of U.S.;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(jgo)
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Case Designated ECF. (jgo)
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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. (jgo)
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Filing 2
CIVIL COVER SHEET filed..(Roth, Richard)
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Filing 1
COMPLAINT against Actors' Equity Association. (Filing Fee $ 402.00, Receipt Number ANYSDC-26844615)Document filed by GARTH DRABINSKY. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40).(Roth, Richard)
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| Plaintiff: GARTH DRABINSKY | |
| Represented By: | Richard Alan Roth |
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| Defendant: Actors' Equity Association | |
| Represented By: | Olivia Ruth Singer |
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