Nexstar Media Group, Inc. v. National Labor Relations Board et al.
| Nexstar Media Group, Inc. doing business as WKBN-TV |
| David M. Prouty, Jennifer Abruzzo, Gwynne A. Wilcox, Iva Y. Choe, National Labor Relations Board, Lauren M. McFerran, Marvin E. Kaplan, John/Jane Does and Nora McGinley |
| NABET-CWA, AFL-CIO |
| 4:2024cv01415 |
| August 20, 2024 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Other Statutory Actions |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on October 7, 2024. A more recent docket listing may be available from PACER.
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| Filing 20 Return of Service by Clerk by certified mail executed upon Nora McGinley and Iva Y. Choe on 10/3/2024 filed on behalf of Nexstar Media Group, Inc. (Related Document #4 ). (M,Do) |
| Filing 19 Return of Service by Clerk by certified mail executed upon Lauren M. McFerran on 9/5/2024 filed on behalf of Nexstar Media Group, Inc., (Related Document #4 ) (M,Do) |
| Filing 18 Return of Service by Clerk by certified mail executed upon Rebecca C. Lutzko Office of the U.S. Attorney on 8/30/2024 filed on behalf of Nexstar Media Group, Inc., (Related Document #4 ) (M,Do) |
Filing 17
Order For the reasons set forth herein, the Court hereby grants the leave sought in the Amici Curiae Brief (ECF No. #13 ) filed by the AFL-CIO and NABET Unions. Further, the Court lacks jurisdiction and closes the matter. Judge Benita Y. Pearson on 8/26/2024. (JLG)
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| Filing 16 Reply Notice as to this Court's Jurisdiction in Response to ECF Doc #14.1 filed by Nexstar Media Group, Inc. (Attachments: #1 Exhibit A - Defendants Requested Damages, #2 Exhibit B - Projected Damages)(Kpere-Daibo, Dean) |
| Filing 15 Errata filed by All Defendants. Related document(s) #14 . (Boehm, David) |
| Filing 14 Emergency Motion for leave to file response to Plaintiff's Notice as to this Court's Jurisdiction filed by Jennifer Abruzzo, Iva Y. Choe, John/Jane Does, Marvin E. Kaplan, Lauren M. McFerran, Nora McGinley, National Labor Relations Board, David M. Prouty, Gwynne A. Wilcox. Related document(s) #12 . (Attachments: #1 Supplement Response to Notice Regarding Jurisdiction)(Boehm, David) |
| Filing 13 Motion for leave to file Amici Curiae Brief filed by Amicus Curiae NABET-CWA, AFL-CIO. Related document(s) #5 . (Attachments: #1 Brief in Support, #2 Brief in Support, #3 certificate of service)(Chartier, Judiann) |
| Filing 12 Notice as to This Court's Jurisdiction filed by Nexstar Media Group, Inc. (McMahon, Robert) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Hearing held on 8/23/2024 regarding Plaintiff's Motions for Temporary Restraining Order and Preliminary Injunction (ECF No. #5 ). Present were Attorney Dean Kpere-Daibo, counsel for Plaintiff Nexstar Media Group, Inc.; Attorney David Boehm, counsel for Defendant National Labor Relations Board; and Charles Pautsch, Party Representative on behalf of Nexstar. The Court orally granted Defendant's Motion for Leave to File Response to Plaintiff's Notice as to This Court's Jurisdiction (ECF No. #14 ). Plaintiff has until 8/24/2024 at 1:00 p.m. EST to file a reply to Defendants' Notice. The Court heard argument on jurisdiction and the factors governing the issuance of a Temporary Restraining Order. (Court Reporter: Mary Uphold); Time: 1 Hour 11 Minutes. (JLG) |
| Filing 11 Response to #5 Motion for temporary restraining order and preliminary injunction (interim) filed by All Defendants. (Boehm, David) |
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Order [non-document] Counsel for Plaintiff shall file a Notice explaining the Court's jurisdiction or requesting dismissal by not later than 12:00 p.m. Noon on Friday, 8/23/2024. Judge Benita Y. Pearson on 8/22/2024. (JLG)
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| Filing 10 Notice of Service of Order Dated 8/21/24 (Doc. #8) filed by Nexstar Media Group, Inc.. (Attachments: #1 Exhibit Service email with receipt)Related document(s) #8 .(McMahon, Robert) |
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Filing 9
Order granting #6 Motion for Appearance Pro Hac Vice by Attorney Dean Kpere-Daibo for Plaintiff Nexstar Media Group, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Benita Y. Pearson on 8/21/2024. (JLG)
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Filing 8
Order Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #5 ) ("Motion") will take place via Zoom.gov on 8/23/2024 at 2:30 p.m. before Judge Benita Y. Pearson. The Zoom Meeting details will be distributed by the Court to counsel. The Court will hear argument and receive evidence on whether a temporary restraining order and/or a preliminary injunction shall issue. See Order for additional information and requirements. Judge Benita Y. Pearson on 8/21/2024. (JLG)
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| Filing 7 Attorney Appearance by David P. Boehm filed by on behalf of All Defendants. (Boehm, David) |
| Filing 6 Motion for attorney Dean Kpere-Daibo to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12701856, filed by Plaintiff Nexstar Media Group, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing - AR, #2 Proposed Order)(McMahon, Robert) |
| Filing 5 Motion for temporary restraining order and preliminary injunction filed by Plaintiff Nexstar Media Group, Inc. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Exhibit A - NLRB Complaint, #3 Exhibit B - Proposed Settlement, #4 Exhibit C - Amended NLRB Complaint, #5 Exhibit D - GC 21-06, #6 Exhibit E - GC 24-04)(McMahon, Robert) |
| Service by Clerk. Summons and Complaint addressed to Jennifer Abruzzo Receipt # 7020 0090 0000 2874 4609, Iva Y. Choe Receipt # 7020 0090 0000 2874 4579, John/Jane Does, Marvin E. Kaplan Receipt # 7020 0090 0000 2874 4654, Lauren M. McFerran Receipt # 7020 0090 0000 2874 4647, Nora McGinley Receipt # 7020 0090 0000 2874 4630, National Labor Relations Board Receipt # 7021 0350 0001 2062 7488, David M. Prouty Receipt # 7020 0090 0000 2874 4623, Gwynne A. Wilcox Receipt # 7020 0090 0000 2874 4616 United States of American US Attorney General Merrick Garland US DOJ Receipt # 7020 0090 0000 2874 4593, Rebecca C. Lutzko Office of the US Attorney Receipt # 7020 0090 0000 2874 4586. placed in U.S. Mail. Type of service: certified mail. (M,Do) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon All Defendants. (Attachments: #1 Magistrate Consent Form) (D,Ju) |
| Filing 3 Supplement to Complaint - Original Summonses, filed by Nexstar Media Group, Inc. Related document(s) #1 . (McMahon, Robert) |
| Filing 2 Corporate Disclosure Statement filed by Nexstar Media Group, Inc. dba WKBN-TV. (McMahon, Robert) |
| Filing 1 Verified Complaint for declaratory and injunctive relief against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-12699237. Filed by Nexstar Media Group, Inc. dba WKBN-TV. (Attachments: #1 Civil Cover Sheet, #2 Summons - NLRB , #3 Summons - Abruzzo , #4 Summons - McFerran , #5 Summons - Kaplan , #6 Summons - Wilcox , #7 Summons - Prouty , #8 Summons - Choe , #9 Summons - McGinley , #10 Summons - AG , #11 Summons - US Atty ND OH). (McMahon, Robert) Modified text on 8/20/2024 (L,MI). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (D,Ju) |
| Judge Benita Y. Pearson assigned to case. (D,Ju) |
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