Grossberg v. FOX Corporation et al
Plaintiff Abby Grossberg sued Defendants Fox Corporation, Fox News Network LLC, Jerry Andrews, Tucker Carlson, David Clark, Thomas Fox, Ralph Giordano, Alexander McCaskill, Justin Wells and Lesley West. Plaintiff alleged that Fox paid her less than male employees performing the same or similar job duties in violation of federal and state law. Plaintiff also alleged that defendants failed to promote her on the basis of her gender, subjected her to a hostile work environment, retaliated when she complained about her hostile work environment, and failed to accommodate her mental health disabilities.
| Abby Grossberg |
| FOX Corporation, Fox News Network LLC, Tucker Carlson, David Clark, Jerry Andrews, Ralph Giordano, Lesley West, Alexander McCaskill, Justin Wells and Thomas Fox |
| 1:2023cv02368 |
| March 20, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Labor: Fair Standards |
| 29 U.S.C. § 2601 FMLA: Family and Medical Leave Act (Findings and Purposes) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
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Filing 47
NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff Abby Grossberg hereby voluntarily dismisses the instant action, with prejudice. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/30/2023) (kv)
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Filing 46
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Jerry Andrews, Tucker Carlson, David Clark, FOX Corporation, Thomas Fox, Fox News Network LLC, Ralph Giordano, Alexander McCaskill, Justin Wells, Lesley West. Document filed by Abby Grossberg. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Filippatos, Parisis)
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Filing 45
ORDER granting #44 Letter Motion for Extension of Time. Application GRANTED. The initial pretrial conference is hereby RESCHEDULED to August 3, 2023, at 9:00 a.m. The Clerk of Court is directed to terminate ECF No. 44. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/30/23) (yv)
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Set/Reset Deadlines: All Defendants., Set/Reset Hearings: ( Initial Conference set for 8/3/2023 at 09:00 AM before Judge Jesse M. Furman.) (yv)
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Filing 44
LETTER MOTION for Extension of Time for Responsive Pleadings addressed to Judge Jesse M. Furman from Paul C Evans dated May 26, 2023. Document filed by FOX Corporation, Fox News Network LLC..(Evans, Paul)
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Filing 43
ORDER denying as moot #37 Letter Motion for Conference: In light of the entry of notices of appearance by counsel for Mr. Carlson, the letter motion for a conference is denied as moot. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 42
NOTICE OF APPEARANCE by Josiah Contarino on behalf of Tucker Carlson, Justin Wells..(Contarino, Josiah)
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Filing 41
NOTICE OF APPEARANCE by Matthew Sarelson on behalf of Tucker Carlson, Justin Wells..(Sarelson, Matthew)
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Filing 40
NOTICE OF APPEARANCE by Harmeet Dhillon on behalf of Tucker Carlson, Justin Wells..(Dhillon, Harmeet)
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Filing 39
LETTER addressed to Judge Jesse M. Furman from Paul C Evans dated May 17, 2023 re: Docket 38. Document filed by FOX Corporation, Fox News Network LLC..(Evans, Paul)
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Filing 38
ORDER with respect to #37 Letter Motion for Conference: Defendants shall file any response by May 17, 2023. Counsel for Mr. Carlson shall enter an appearance by the same date. To that end, counsel for Fox shall promptly email a copy of this Order to counsel for Mr. Carlson. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 37
LETTER MOTION for Conference re: 36 Order on Motion for Conference addressed to Judge Jesse M. Furman from Parisis G. Filippatos dated May 12, 2023. Document filed by Abby Grossberg. (Attachments: #1 Exhibit 2023-04-10 Correspondence from P. Evans Acknowledging Representation of Defendant Tucker Carlson, #2 Exhibit 2023-04-13 Correspondence with P. Evans re Waiver of Service of Summons for Defendant Tucker Carlson et al., #3 Exhibit 2023-04-17 Correspondence from P. Evans Attaching Signed Waivers on Behalf of Defendant Tucker Carlson et al.).(Filippatos, Parisis)
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Filing 36
ORDER denying as moot #32 Letter Motion for Conference: The motion is denied as moot in light of ECF No. #35 . (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 35
LETTER addressed to Judge Jesse M. Furman from Paul C. Evans dated May 12, 2023 re: May 10, 2023 Order with respect to May 9, 2023 Letter Motion for Conference. Document filed by FOX Corporation, Fox News Network LLC..(Evans, Paul)
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Filing 34
NOTICE OF APPEARANCE by Hugh Daniel Sandler on behalf of David Clark..(Sandler, Hugh)
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Filing 33
ORDER with respect to #32 LETTER MOTION for Conference: Defense counsel shall file a response, not to exceed three single-spaced pages, no later than May 12, 2023. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 32
LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Parisis G. Filippatos dated May 9, 2023. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 31
LETTER addressed to Judge Jesse M. Furman from Parisis G. Filippatos, Esq. dated May 1, 2023 re: March 22, 2023 Order Requiring Plaintiff to File Proof of Notice to Counsel of Order and Court's Individual Rules and Practices. Document filed by Abby Grossberg. (Attachments: #1 Supplement Proof of Notice to Defendants re Pretrial Conference).(Filippatos, Parisis)
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Filing 30
WAIVER OF SERVICE RETURNED EXECUTED. David Clark waiver sent on 4/13/2023, answer due 6/12/2023. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 29
NOTICE OF APPEARANCE by Marjorie Ellen Berman on behalf of David Clark..(Berman, Marjorie)
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Filing 28
WAIVER OF SERVICE RETURNED EXECUTED. Lesley West waiver sent on 4/13/2023, answer due 6/12/2023. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 27
WAIVER OF SERVICE RETURNED EXECUTED. Justin Wells waiver sent on 4/13/2023, answer due 6/12/2023. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 26
WAIVER OF SERVICE RETURNED EXECUTED. Alexander McCaskill waiver sent on 4/13/2023, answer due 6/12/2023. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 25
WAIVER OF SERVICE RETURNED EXECUTED. Ralph Giordano waiver sent on 4/13/2023, answer due 6/12/2023. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 24
WAIVER OF SERVICE RETURNED EXECUTED. Thomas Fox waiver sent on 4/13/2023, answer due 6/12/2023. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 23
WAIVER OF SERVICE RETURNED EXECUTED. Tucker Carlson waiver sent on 4/13/2023, answer due 6/12/2023. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 22
WAIVER OF SERVICE RETURNED EXECUTED. Jerry Andrews waiver sent on 4/13/2023, answer due 6/12/2023. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 21
WAIVER OF SERVICE RETURNED EXECUTED. Fox News Network LLC waiver sent on 4/13/2023, answer due 6/12/2023. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 20
WAIVER OF SERVICE RETURNED EXECUTED. FOX Corporation waiver sent on 4/13/2023, answer due 6/12/2023. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 19
INTERNET CITATION NOTE: Material from decision with Internet citation re: #11 Memorandum & Opinion. (nb)
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Filing 18
INTERNET CITATION NOTE: Material from decision with Internet citation re: #11 Memorandum & Opinion. (nb)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Jerry Andrews, Tucker Carlson, David Clark, FOX Corporation, Thomas Fox, Fox News Network LLC, Ralph Giordano, Alexander McCaskill, Justin Wells, Lesley West..(pc)
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS as to Fox Corporation, Fox News Network, LLC, Jerry Andrews, Tucker Carlson, David Clark, Thomas Fox, Ralph Giordano, Alexander McCaskill, Justin Wells, and Lesley West, re: #15 Amended Complaint,. Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 15
AMENDED COMPLAINT amending #14 Amended Complaint, against Jerry Andrews, Tucker Carlson, David Clark, FOX Corporation, Thomas Fox, Fox News Network LLC, Ralph Giordano, Alexander McCaskill, Justin Wells, Lesley West with JURY DEMAND.Document filed by Abby Grossberg. Related document: #14 Amended Complaint,. (Attachments: #1 Exhibit Redline comparison of Complaint and Amended Complaint).(Rahman, Tanvir)
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Filing 14
FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint, against All Defendants with JURY DEMAND.Document filed by Abby Grossberg. Related document: #1 Complaint,. (Attachments: #1 Exhibit Redline comparison of Complaint and Amended Complaint).(Filippatos, Parisis) Modified on 3/28/2023 (pc).
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Filing 13
ORDER. On March 27, 2023, Plaintiff filed an Amended Complaint. See ECF No. 12. In doing so, however, she failed to comply with Paragraph 1.B of the Court's Individual Rules and Practices in Civil Cases, which provides that "[a]ny amended or corrected filing (including but not limited to amended pleadings) shall be filed with a redline showing all differences between the original and revised filing." Plaintiff shall file a redline no later than March 29, 2023. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/28/23) (yv)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Parisis G. Filippatos to RE-FILE Document No. #14 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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Filing 12
AMENDED COMPLAINT amending #1 Complaint, against Jerry Andrews, Tucker Carlson, David Clark, FOX Corporation, Thomas Fox, Fox News Network LLC, Ralph Giordano, Alexander McCaskill, Justin Wells, Lesley West with JURY DEMAND.Document filed by Abby Grossberg. Related document: #1 Complaint,..(Filippatos, Parisis)
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Filing 11
MEMORANDUM OPINION AND ORDER re: #8 EMERGENCY MOTION to Seal . filed by Fox News Network LLC, FOX Corporation. Accordingly, Defendants' motion to seal is DENIED as moot. The Clerk of Court is directed to terminate ECF No. 8. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/23/2023) (tg)
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Filing 10
DECLARATION of Krissy Katzenstein in Support re: #8 EMERGENCY MOTION to Seal .. Document filed by FOX Corporation, Fox News Network LLC. (Attachments: #1 Exhibit 1 - Affidavit of Paul Salvaty, #2 Exhibit 2 - Affirmation of Krissy Katzenstein).(Katzenstein, Krissy)
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Filing 9
MEMORANDUM OF LAW in Support re: #8 EMERGENCY MOTION to Seal . . Document filed by FOX Corporation, Fox News Network LLC..(Katzenstein, Krissy)
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Filing 8
EMERGENCY MOTION to Seal . Document filed by FOX Corporation, Fox News Network LLC..(Katzenstein, Krissy)
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Filing 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by FOX Corporation, Fox News Network LLC..(Katzenstein, Krissy)
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Filing 6
NOTICE OF APPEARANCE by Krissy A Katzenstein on behalf of FOX Corporation, Fox News Network LLC..(Katzenstein, Krissy)
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Filing 5
NOTICE OF APPEARANCE by Paul C. Evans on behalf of FOX Corporation, Fox News Network LLC..(Evans, Paul)
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on June 15, 2023, at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 6/15/2023 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/21/23) (yv)
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Filing 3
CIVIL COVER SHEET filed..(Filippatos, Parisis)
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Filing 2
NOTICE OF APPEARANCE by Tanvir Haque Rahman on behalf of Abby Grossberg..(Rahman, Tanvir)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Parisis G. Filippatos. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Parisis G. Filippatos re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add Thomas Fox. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
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ADD PARTY FOR PLEADING. Defendants/Respondents Thomas Fox added. Party added pursuant to #1 Complaint,.Document filed by Abby Grossberg. Related document: #1 Complaint,..(Filippatos, Parisis)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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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Magistrate Judge Robert W. Lehrburger 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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Case Designated ECF. (jgo)
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Filing 1
COMPLAINT against Jerry Andrews, Tucker Carlson, David Clark, FOX Corporation, Fox News Network LLC, Ralph Giordano, Alexander McCaskill, Justin Wells, Lesley West. (Filing Fee $ 402.00, Receipt Number ANYSDC-27493916)Document filed by Abby Grossberg..(Filippatos, Parisis)
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Filing 1
COMPLAINT against Jerry Andrews, Tucker Carlson, David Clark, FOX Corporation, Fox News Network LLC, Ralph Giordano, Alexander McCaskill, Justin Wells, Lesley West. (Filing Fee $ 402.00, Receipt Number ANYSDC-27493916)Document filed by Abby Grossberg..(Filippatos, Parisis)
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