Hogan v. NBCUniversal Media, LLC
Plaintiff: Michael E. Hogan
Defendant: NBCUniversal Media, LLC
Case Number: 1:2020cv00376
Filed: August 27, 2020
Court: U.S. District Court for the District of Rhode Island
Presiding Judge: Lincoln D Almond
Referring Judge: William E Smith
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 28, 2020 Filing 13 Joint STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT filed by NBCUniversal Media, LLC. (Petros, Gerald)
October 28, 2020 Opinion or Order TEXT ORDER granting #10 Motion for Discovery: Although a party generally may not seek discovery prior to a Rule 26(f) conference, see Fed. R. Civ. P. 26(d)(1), the Court may order early discovery for good cause. See Discount Video Ctr., Inc. v. Does 1-29, 285 F.R.D. 161, 163 (D. Mass. 2012); see also Laughlin v. Orthofix Intern., N.V., 293 F.R.D. 40, 42 (D. Mass. 2013) ("[F]actors courts consider include: the purpose for the discovery; the need for the discovery to prevent irreparable harm; the plaintiff's likelihood of success on the merits; the burden of discovery on the defendant; and the degree of prematurity." (citation omitted)). Plaintiff's counsel has represented to the Court that informal discussions between the parties have indicated that Defendant is not the proper defendant. Documents submitted by Plaintiff indicate that NextMark, Inc., the subpoena recipient, likely possesses documents identifying the proper defendant(s). Additionally, Plaintiff's counsel states that attempts to ascertain the proper defendant(s) through informal communications with NextMark have been unsuccessful. See Wilcox Industries Corp. v. Hansen, 279 F.R.D. 64, 67 (D.N.H. 2012) ("courts analyze [ ] the reasonableness of the request in light of all of the surrounding circumstances" (citations and quotations omitted)). Under these circumstances, allowing early discovery will avoid unnecessary time and expense for both parties. See Arista Records LLC v. Does 1-27, 584 F. Supp. 2d 240, 258 (D. Me. 2008). For these reasons, the Court finds there is good cause to allow Plaintiff to issue the requested subpoena. See Patrick Collins, Inc. v. Does 1-79, 286 F.R.D. 160, 163 (D. Mass. 2012) ("[T]here is good cause for expedited discovery because the Plaintiff has no other means of determining the identity of its defendants."). Upon receiving the discovery in question, Plaintiff shall file a notice with the Court. Additionally, the joint motion for an extension of time for Defendant to respond to the Complaint is GRANTED. The response will be due 60 days after Plaintiff files a notice confirming receipt of the subpoenaed documents. So Ordered by District Judge William E. Smith on 10/28/2020. (Jackson, Ryan)
October 6, 2020 Opinion or Order TEXT ORDER granting #12 Motion to Appear Pro Hac Vice of Glenn D. Pomerantz. So Ordered by District Judge William E. Smith on 10/6/2020. (Hicks, Alyson)
October 6, 2020 Opinion or Order TEXT ORDER granting #11 Motion to Appear Pro Hac Vice of Jonathan H. Blavin. So Ordered by District Judge William E. Smith on 10/6/2020. (Hicks, Alyson)
October 6, 2020 Opinion or Order TEXT ORDER granting #12 Motion to Appear Pro Hac Vice of Glenn D. Pomerantz. So Ordered by District Judge William E. Smith on 10/6/2020. (Hicks, Alyson)
October 6, 2020 Opinion or Order TEXT ORDER granting #11 Motion to Appear Pro Hac Vice of Jonathan H. Blavin. So Ordered by District Judge William E. Smith on 10/6/2020. (Hicks, Alyson)
October 5, 2020 Filing 12 MOTION for Glenn D. Pomerantz to Appear Pro Hac Vice o/b/o NBCUniversal Media, LLC ( filing fee paid $ 100.00, receipt number 0103-1555715 ) filed by NBCUniversal Media, LLC. (Gainor, Ryan)
October 5, 2020 Filing 11 MOTION for Jonathan H. Blavin to Appear Pro Hac Vice o/b/o NBCUniversal Media, LLC ( filing fee paid $ 100.00, receipt number 0103-1555712 ) filed by NBCUniversal Media, LLC. (Gainor, Ryan)
October 1, 2020 Filing 10 MOTION for Discovery filed by Michael E. Hogan. Responses due by 10/15/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A)(Prignano, Stephen)
September 17, 2020 Reset Deadlines: NBCUniversal Media, LLC answer due 11/2/2020. (Jackson, Ryan)
September 16, 2020 Filing 9 Joint STIPULATION re #1 Complaint to Extend Time to Respond filed by NBCUniversal Media, LLC. (Gainor, Ryan)
September 16, 2020 Filing 8 NOTICE of Appearance by Ryan M. Gainor on behalf of NBCUniversal Media, LLC (Gainor, Ryan)
September 16, 2020 Filing 7 NOTICE of Appearance by Gerald J. Petros on behalf of NBCUniversal Media, LLC (Petros, Gerald)
September 2, 2020 Filing 6 AFFIDAVIT of Service, filed by Michael E. Hogan for Summons served on NBCUniversal Media, LLC served on 9/1/2020, answer due 9/22/2020. (Prignano, Stephen)
August 31, 2020 Filing 5 EXHIBIT IN SUPPORT by All Plaintiffs in support of #1 Complaint , Exhibit B. (Prignano, Stephen)
August 31, 2020 Filing 4 EXHIBIT IN SUPPORT by All Plaintiffs in support of #1 Complaint , Exhibit A. (Prignano, Stephen)
August 27, 2020 Filing 3 Summons Issued as to NBCUniversal Media, LLC. (Potter, Carrie)
August 27, 2020 Filing 2 CASE OPENING NOTICE ISSUED (Potter, Carrie)
August 27, 2020 Filing 1 COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1543769 ), filed by Michael E. Hogan. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Prignano, Stephen)
August 27, 2020 Case assigned to District Judge William E. Smith and Magistrate Judge Lincoln D. Almond. (Potter, Carrie)

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Defendant: NBCUniversal Media, LLC
Represented By: Ryan M. Gainor
Represented By: Gerald J. Petros
Represented By: Jonathan H. Blavin
Represented By: Glenn D. Pomerantz
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Plaintiff: Michael E. Hogan
Represented By: Stephen M. Prignano
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