Volokh et al v. James
| Eugene Volokh, Locals Technology Inc. and Rumble Canada Inc. |
| Attorney General Letitia James and Letitia James |
| 1:2022cv10195 |
| December 1, 2022 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.
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Filing 37
ORDER granting #31 Letter Motion for Extension of Time to Answer re #31 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. LETTER MOTION to Stay All Pending Deadlines addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. LETTER MOTION for Extension of Time to File Response to Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023.. ; granting #31 Letter Motion to Stay re: #31 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. LETTER MOTION to Stay All Pending Deadlines addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. LETTER MOTION for Extension of Time to File Response to Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. ; terminating #31 Letter Motion for Extension of Time to File. Accordingly, Defendant's deadline to answer or otherwise respond to the Complaint is adjourned until 30 days after the conclusion of all appeals of the Court's February 14, 2023 Opinion and Order. The Clerk of Court is respectfully requested to terminate the pending motion at ECF No. 31 and mark this case as stayed. (Signed by Judge Andrew L. Carter, Jr on 4/3/2023) (ate)
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Filing 36
REPLY MEMORANDUM OF LAW in Support re: #31 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. LETTER MOTION to Stay All Pending Deadlines addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. LETTER MOTION for Extension of Time to File Response to Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. . Document filed by Letitia James..(Farber, Seth)
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Filing 35
LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Daniel M. Ortner dated 03/24/2023 re: #31 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. LETTER MOTION to Stay All Pending Deadlines addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. LETTER MOTION for Extension of Time to File Response to Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. . Document filed by Locals Technology Inc., Rumble Canada Inc., Eugene Volokh..(Ortner, Daniel)
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Filing 34
ORDER: Plaintiffs are granted leave to file a letter brief in opposition to Defendant's motion to stay at ECF No. 31 by March 24, 2023. Defendant may file a letter brief in response by March 31, 2023. ( Responses due by 3/31/2023) (Signed by Judge Andrew L. Carter, Jr on 3/16/2023) (ate)
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Filing 33
LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Daniel M. Ortner dated March 15, 2023 re: #31 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. LETTER MOTION to Stay All Pending Deadlines addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. LETTER MOTION for Extension of Time to File Response to Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. . Document filed by Locals Technology Inc., Rumble Canada Inc., Eugene Volokh..(Ortner, Daniel)
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Filing 32
ORDER: The Court is in receipt of Defendant's motion for a stay of these proceedings pending its appeal to the Second Circuit. (ECF No. 31.) Plaintiffs are directed to file a letter by March 15, 2023 indicating whether they consent to or oppose a stay. (Signed by Judge Andrew L. Carter, Jr on 3/14/2023) (ate)
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Filing 31
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023., LETTER MOTION to Stay All Pending Deadlines addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023., LETTER MOTION for Extension of Time to File Response to Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated March 14, 2023. Document filed by Letitia James..(Farber, Seth)
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Filing 30
NOTICE OF INTERLOCUTORY APPEAL from #29 Memorandum & Opinion,. Document filed by Letitia James. Filing fee $ 505.00, receipt number ANYSDC-27458321. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Farber, Seth)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #30 Notice of Interlocutory Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #30 Notice of Interlocutory Appeal, filed by Letitia James were transmitted to the U.S. Court of Appeals. (tp)
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Filing 29
OPINION AND ORDER re: #8 MOTION for Preliminary Injunction . filed by Rumble Canada Inc., Locals Technology Inc., Eugene Volokh. Accordingly, for the aforementioned reasons, the Court finds that Plaintiffs are entitled to a preliminary injunction prohibiting the enforcement of N.Y. Gen. Bus. Law 394-ccc. The Clerk of Court is respectfully requested to terminate the pending motion at ECF No. 8. (Signed by Judge Andrew L. Carter, Jr on 2/14/2023) (tg)
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Filing 28
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/19/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(js)
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Filing 27
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/19/2022 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Marissa Mignano, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/26/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/5/2023. (js)
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Filing 26
ORDER: granting #25 Letter Motion for Extension of Time; granting #25 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/20/2022) (ama)
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Filing 25
LETTER MOTION for Extension of Time for Defendant James to Respond to Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated December 20, 2022., LETTER MOTION for Extension of Time to File Defendant James's Response to Complaint addressed to Judge Andrew L. Carter, Jr. from Seth Farber dated December 20, 2022. Document filed by Letitia James..(Farber, Seth)
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Set/Reset Deadlines: Letitia James answer due 2/3/2023. (ama)
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Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Oral Argument on the Motion for Preliminary Injunction held on 12/19/2022. Barry Covert, Michael Ellis, Daniel Ortner, James Diaz and Darpana Sheth for Plaintiffs. Seth Farber, Katherine Janofsky and Richard Sawyer for Defendant. (tdh)
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE: granting #22 Motion for Daniel Moshe Ortner to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 12/16/2022) (ama)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Daniel Moshe Ortner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 23
REPLY MEMORANDUM OF LAW in Support re: #8 MOTION for Preliminary Injunction . . Document filed by Locals Technology Inc., Rumble Canada Inc., Eugene Volokh..(Diaz, James)
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Filing 22
MOTION for Daniel Moshe Ortner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Locals Technology Inc., Rumble Canada Inc., Eugene Volokh. (Attachments: #1 Supplement Certificate of Good Standing from Supreme Court of California, #2 Supplement Certificate of Good Standing from Supreme Court of Virginia, #3 Affidavit Declaration of Daniel Ortner, #4 Text of Proposed Order Granting Motion for Pro Hac Vice).(Ortner, Daniel)
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Filing 21
MEMORANDUM OF LAW in Opposition re: #8 MOTION for Preliminary Injunction . . Document filed by Letitia James..(Farber, Seth)
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Filing 20
DECLARATION of Rick Sawyer in Opposition re: #8 MOTION for Preliminary Injunction .. Document filed by Letitia James. (Attachments: #1 Exhibit Ex A - AG Investigative Report of Buffalo Shooting of May 2022, #2 Exhibit Ex B - Homeland Security Threat Assessment October 2020, #3 Exhibit Ex C - Assembly Sponsors Memo re Bill A7865.pdf, #4 Exhibit Ex D - Assembly Debate - June 1, 2022).(Farber, Seth)
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Filing 19
NOTICE OF APPEARANCE by Richard W Sawyer on behalf of Letitia James..(Sawyer, Richard)
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Filing 18
ORDER granting #16 Motion for James M. Diaz to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 12/9/2022) (ate)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #14 MOTION for Daniel Ortner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27060246. 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 and the Supreme Court of Virginia. 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. (sac)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for James Diaz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27061404. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac)
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Filing 17
NOTICE OF APPEARANCE by Katherine Rhodes Janofsky on behalf of Letitia James..(Janofsky, Katherine)
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Filing 16
MOTION for James Diaz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27061404. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Locals Technology Inc., Rumble Canada Inc., Eugene Volokh. (Attachments: #1 Supplement Certificate of Good Standing, #2 Affidavit Declaration of James Diaz, #3 Text of Proposed Order Granting Motion for Pro Hac Vice).(Diaz, James)
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Filing 15
AFFIDAVIT OF SERVICE of Summons and Complaint. Letitia James served on 12/2/2022, answer due 12/23/2022. Service was accepted by Jasmine Hughes, Intake Specialist. Document filed by Eugene Volokh; Rumble Canada Inc.; Locals Technology Inc...(Sheth, Darpana)
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Filing 14
MOTION for Daniel Ortner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27060246. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Locals Technology Inc., Rumble Canada Inc., Eugene Volokh. (Attachments: #1 Supplement Certificate of Good Standing, #2 Supplement Certificate of Good Standing, #3 Affidavit Declaration of Daniel Ortner, #4 Text of Proposed Order Granting Motion for Pro Hac Vice).(Ortner, Daniel)
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Filing 13
NOTICE OF APPEARANCE by Barry Nelson Covert on behalf of Locals Technology Inc., Rumble Canada Inc., Eugene Volokh..(Covert, Barry)
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Filing 12
ORDER: The Court is in receipt of Plaintiffs' motion for preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a) at ECF No. 8. Defendant is directed to file a written response by December 13, 2022. Any reply must be filed by December 15, 2022. The Court shall hold a telephonic hearing on the motion on Monday, December 19, 2022 at 2:00 p.m. The parties shall contact the Court at 1-888-363-4749 (access code: 3768660). SO ORDERED., ( Responses due by 12/13/2022, Replies due by 12/15/2022., Telephone Conference set for 12/19/2022 at 02:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 12/07/2022) (ama)
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Filing 11
PROPOSED ORDER. Document filed by Locals Technology Inc., Rumble Canada Inc., Eugene Volokh. Related Document Number: #8 ..(Sheth, Darpana) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 10
DECLARATION of Darpana Sheth in Support re: #8 MOTION for Preliminary Injunction .. Document filed by Locals Technology Inc., Rumble Canada Inc., Eugene Volokh. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Sheth, Darpana)
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Filing 9
MEMORANDUM OF LAW in Support re: #8 MOTION for Preliminary Injunction . . Document filed by Locals Technology Inc., Rumble Canada Inc., Eugene Volokh..(Sheth, Darpana)
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Filing 8
MOTION for Preliminary Injunction . Document filed by Locals Technology Inc., Rumble Canada Inc., Eugene Volokh..(Sheth, Darpana)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #11 Proposed Order was reviewed and approved as to form. (tp)
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Filing 7
NOTICE OF APPEARANCE by Seth Jonathan Farber on behalf of Letitia James..(Farber, Seth)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Letitia James. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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 PARTY MODIFICATION. Notice to attorney Darpana Mukund Sheth. The party information for the following party/parties has been modified: Letitia James, Eugene Volokh, Rumble Canada Inc., Locals Technology Inc. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf)
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Case Designated ECF. (vf)
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Magistrate Judge Ona T. Wang 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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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Letitia James, re: #1 Complaint. Document filed by Locals Technology Inc., Rumble Canada Inc., Eugene Volokh..(Sheth, Darpana)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Rumble Inc. for Locals Technology Inc.; Corporate Parent 100045728 Ontario Inc. for Rumble Canada Inc.. Document filed by Locals Technology Inc., Rumble Canada Inc...(Sheth, Darpana)
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Filing 3
NOTICE OF APPEARANCE by Darpana Mukund Sheth on behalf of Locals Technology Inc., Rumble Canada Inc., Eugene Volokh..(Sheth, Darpana)
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Filing 2
CIVIL COVER SHEET filed..(Sheth, Darpana)
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Filing 1
COMPLAINT against Letitia James. (Filing Fee $ 402.00, Receipt Number ANYSDC-27027075)Document filed by Eugene Volokh, Rumble Canada Inc., Locals Technology Inc...(Sheth, Darpana)
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