Flynn v. Weissmann et al
| Michael T. Flynn |
| Andrew Weissmann, NICOLLE WALLACE and MSNBC Cable L.L.C. |
| 1:2024cv02409 |
| March 29, 2024 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 lb Diversity-Libel, Assault, Slander |
| Plaintiff |
Docket Report
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| Filing 35 CASE TRANSFERRED IN from the United States District Court - District of Florida Middle; Case Number: 8:23-cv-02429. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Vernon S. Broderick. 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..(vba) |
| Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. 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. (vba) |
| Case Designated ECF. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
Filing 34
ORDER: Defendants' Alternative Motion to Transfer Venue (Dkt. #22 ) is granted. The Clerk of Court is directed to transfer this case to the District Court for the Southern District of New York. The Clerk is then directed to close this case. Signed by Judge James S. Moody, Jr. on 3/20/2024. (SMB) [Transferred from Florida Middle on 3/29/2024.]
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| Filing 33 REPLY to Response to Motion re #25 MOTION to Dismiss for Failure to State a Claim filed by MSNBC Cable, LLC, Nicolle Wallace, Andrew Weissmann. (Shullman, Deanna) [Transferred from Florida Middle on 3/29/2024.] |
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Filing 32
ENDORSED ORDER granting #30 Defendant MSNBC Cable L.L.C.'s Motion for Leave to File a Reply Brief to its Motion to Dismiss the Complaint. Signed by Judge James S. Moody, Jr. on 2/6/2024. (SMB) [Transferred from Florida Middle on 3/29/2024.]
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| Filing 31 RESPONSE in Opposition re #30 MOTION for Leave to File Other Document :Reply Brief filed by Michael T. Flynn. (Roberts, Jared) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 30 MOTION for Leave to File Other Document: Reply Brief by MSNBC Cable, LLC. (Shullman, Deanna) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 29 RESPONSE in Opposition re #25 MOTION to Dismiss for Failure to State a Claim filed by Michael T. Flynn. (Roberts, Jared) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 28 RESPONSE in Opposition re #22 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, to Transfer MOTION to Change Venue / Transfer Case filed by Michael T. Flynn. (Attachments: #1 Affidavit)(Roberts, Jared) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 27 NOTICE of Conventional Filing of thumb drive by MSNBC Cable, LLC, Nicolle Wallace, Andrew Weissmann re #23 Declaration of Andrew Weissmann (Attachments: #1 Mailing Envelope)(AA) Thumb drive received. [Transferred from Florida Middle on 3/29/2024.] |
| Filing 26 DECLARATION of Minch Minchin re #25 MOTION to Dismiss for Failure to State a Claim by MSNBC Cable, LLC. (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)(Minchin, Minch) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 25 MOTION to Dismiss for Failure to State a Claim by MSNBC Cable, LLC. (Shullman, Deanna) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 24 DECLARATION of Nicolle Wallace re #22 MOTION to Dismiss for Lack of Jurisdiction, or in the Alternative, to Transfer by Nicolle Wallace, Andrew Weissmann. (Shullman, Deanna) Modified text on 1/3/2024 (GL). [Transferred from Florida Middle on 3/29/2024.] |
| Filing 23 DECLARATION of Andrew Weissmann re #22 MOTION to Dismiss for Lack of Jurisdiction, or in the Alternative, to Transfer by Nicolle Wallace, Andrew Weissmann. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Shullman, Deanna) Modified text on 1/3/2024 (GL). [Transferred from Florida Middle on 3/29/2024.] |
| Filing 22 MOTION to Dismiss for Lack of Jurisdiction, or in the Alternative, MOTION to Transfer Case by Nicolle Wallace, Andrew Weissmann. (Shullman, Deanna) Modified text and added event on 1/3/2024 (GL). [Transferred from Florida Middle on 3/29/2024.] |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement by Nicolle Wallace identifying Other Affiliate Shullman Fugate PLLC, Other Affiliate Deanna K. Shullman, Other Affiliate Minch Minchin, Other Affiliate Rachel E. Fugate, Other Affiliate Amber A. Couzo for Nicolle Wallace. (Fugate, Rachel) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement by Andrew Weissmann identifying Other Affiliate Shullman Fugate PLLC, Other Affiliate Deanna K. Shullman, Other Affiliate Minch Minchin, Other Affiliate Rachel E. Fugate, Other Affiliate Amber A. Couzo for Andrew Weissmann. (Fugate, Rachel) [Transferred from Florida Middle on 3/29/2024.] |
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Filing 19
ENDORSED ORDER granting #18 Defendants' Unopposed Motion for Leave to Conventionally File Audio Exhibit. Signed by Judge James S. Moody, Jr. on 12/13/2023. (SMB) [Transferred from Florida Middle on 3/29/2024.]
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| Filing 18 Unopposed MOTION for Miscellaneous Relief, specifically for Leave to Conventionally File Audio Exhibit by MSNBC Cable, LLC, Nicolle Wallace, Andrew Weissmann. (Fugate, Rachel) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 17 CORPORATE Disclosure Statement by Michael T. Flynn. (Roberts, Jared) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 16 WAIVER of service returned executed on 11/06/2023 by Michael T. Flynn as to Nicolle Wallace, Andrew Weissmann. (Roberts, Jared) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 15 RETURN of service executed on 10/26/2023 by Michael T. Flynn as to MSNBC Cable, LLC. (Roberts, Jared) [Transferred from Florida Middle on 3/29/2024.] |
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Filing 14
ENDORSED ORDER granting #13 Defendant MSNBC Cable, LLC's Unopposed Motion for Extension of Time. MSNBC Cable, LLC's deadline to respond to Plaintiff's Complaint is extended to January 2, 2024. Signed by Judge James S. Moody, Jr. on 11/9/2023. (SMB) [Transferred from Florida Middle on 3/29/2024.]
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by MSNBC Cable, LLC. (Fugate, Rachel) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by MSNBC Cable, LLC identifying Corporate Parent Comcast Corporation, Other Affiliate Comcast Holdings Corporation, Other Affiliate Shullman Fugate PLLC, Other Affiliate Deanna K. Shullman, Other Affiliate Minch Minchin, Other Affiliate NBCUniversal, LLC, Other Affiliate Comcast DW Holding, Inc., Other Affiliate Comcast Snap Holdings, Inc., Other Affiliate E! Holdings, Inc., Other Affiliate Comcast SportsNet NE Holdings, Inc., Other Affiliate Rachel E. Fugate, Other Affiliate Amber A. Couzo, Other Affiliate CNBC/MSNBC, L.L.C., Other Affiliate MSNBC SuperDesk LLC, Other Affiliate NewCo Cable, Inc., Other Affiliate CNBC LLC, Other Affiliate NBCU Cable Entertainment Holding LLC, Other Affiliate NBCUniversal Media, LLC., Other Affiliate NBCUniversal Enterprise, Inc., Other Affiliate SNL Entertainment Holdings, Inc., for MSNBC Cable, LLC. (Fugate, Rachel) Modified on 11/13/2023 to edit docket text (EAM). [Transferred from Florida Middle on 3/29/2024.] |
| Filing 11 NOTICE of Appearance by Amber A. Couzo on behalf of MSNBC Cable, LLC, Nicolle Wallace, Andrew Weissmann (Couzo, Amber) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 10 NOTICE of Appearance by Minch Minchin on behalf of MSNBC Cable, LLC, Nicolle Wallace, Andrew Weissmann (Minchin, Minch) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 9 NOTICE of Appearance by Deanna Kendall Shullman on behalf of MSNBC Cable, LLC, Nicolle Wallace, Andrew Weissmann (Shullman, Deanna) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Michael T. Flynn. Related case(s): No (Roberts, Jared) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 7 NOTICE of Lead Counsel Designation by Jared Joseph Roberts on behalf of Michael T. Flynn. Lead Counsel: Jared J. Roberts. (Roberts, Jared) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 6 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (SMB) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 5 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (SMB) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 4 SUMMONS issued as to MSNBC Cable, LLC, Nicolle Wallace, Andrew Weissmann. (AJS) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 3 NOTICE TO COUNSEL Shawn Flynn and Jared Joseph Roberts of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 2 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Sean P. Flynn. New case number: 8:23-cv-2429-JSM-SPF. (AA) [Transferred from Florida Middle on 3/29/2024.] |
| Filing 1 COMPLAINT against MSNBC Cable LLC, Nicolle Wallace, Andrew Weissman with Jury Demand (Filing fee $402 receipt number AFLMDC-21388908) filed by Michael T. Flynn. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Andrew Weissmann, #3 Proposed Summons Nicolle Wallace, #4 Proposed Summons MSNBC Cable LLC)(Roberts, Jared) Modified on 10/25/2023 to edit docket text (AJS). [Transferred from Florida Middle on 3/29/2024.] |
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