Author J. Manning, Jr. v. Paramount
| Author J. Manning, Jr. |
| Paramount, Dish Network, Direct TV, AT&T, Viacom CBS, Cox Cable and Sony |
| 6:2023cv00444 |
| September 1, 2023 |
| US District Court for the Eastern District of Texas |
| J Campbell Barker |
| Jeremy D Kernodle |
| John D Love |
| Copyright |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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| Filing 20 OBJECTION to #19 Report and Recommendations Defendant Paramount Global's (f/k/a ViacomCBS Inc.'s) Partial Objection to the October 19, 2023 Report and Recommendation of United States Magistrate Judge by Paramount, Viacom CBS. (Attachments: #1 Exhibit A - ViacomCBS 10-K Excerpt, #2 Exhibit B - Press Release, #3 Exhibit C - ViacomCBS Amendment to Registration)(Nilsson, William) |
| Filing 19 REPORT AND RECOMMENDATION. The court RECOMMENDS that Defendant Paramount's motion to dismiss #15 be GRANTED and that all of Plaintiff's claims against Defendant Paramount be DISMISSED WITH PREJUDICE. Signed by Magistrate Judge John D. Love on 10/19/2023. (wea, 6) |
Filing 18
ORDER denying #17 MOTION for Extension of Time to File a Motion for Remand. Signed by Magistrate Judge John D. Love on 10/16/2023. (wea, 6)
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| Filing 17 MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal, by Author J. Manning, Jr.. (Attachments: #1 Envelope)(wea, 6) |
| Filing 15 MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by Paramount, Viacom CBS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order)(Nilsson, William) |
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Filing 16
ORDER OF RECUSAL. District Judge J. Campbell Barker recused. Case reassigned to District Judge Jeremy D. Kernodle for all further proceedings. Signed by District Judge J. Campbell Barker on 10/3/2023. (wea, 6)
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Filing 14
ORDER denying #13 Motion for Leave to File Electronically. This ruling is subject to reconsideration after Defendants have answered and the court has had an opportunity to consider the initial pleadings. Signed by Magistrate Judge John D. Love on 10/3/2023. (wea, 6)
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| Filing 12 SUMMONS Issued as to AT&T, Cox Cable, Direct TV, Dish Network, Sony, Viacom CBS, and forwarded to Plaintiff for service. (Attachments: #1 Summons to Direct TV, #2 Summons to AT&T, #3 Summons to Viacom CBS, #4 Summons to Cox, #5 Summons to Sony)(wea, 6). |
| Filing 13 MOTION for Leave to File Electronically by Author J. Manning, Jr.. (Attachments: #1 Envelope)(wea, 6) |
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Filing 10
ORDER Re Amended Complaint. The Clerk shall docket Plaintiff's motion #8 as an amended complaint and terminate the motion. Paramount's motion to dismiss the original complaint #6 is DENIED as moot. Paramount shall file a responsive pleading to Plaintiff's amended complaint by October 12, 2023. Should Plaintiff wish to proceed with his claims against the newly named Defendants, the Clerk of Court shall furnish Plaintiff with a summons for each newly named Defendant in the amended complaint #8 for Plaintiff's use in perfecting service at his own expense. Signed by Magistrate Judge John D. Love on 9/29/2023. (wea, 6)
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| Filing 11 AMENDED COMPLAINT against All Defendants, filed by Author J. Manning, Jr.. (Attachments: #1 Envelope)(wea, 6) Modified on 10/2/2023 to indicate Motion #8 was refiled as an Amended Complaint per Order #10 (wea, 6). |
| Filing 9 NOTICE Requesting Service on Defendants by Author J. Manning, Jr. (wea, 6) |
| Filing 8 MOTION for Summary Judgment by Author J. Manning, Jr.. (Attachments: #1 Envelope)(wea, 6) Modified on 10/2/2023 (wea, 6). |
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Filing 7
ORDER TO SHOW CAUSE. The Court ORDERS that should Plaintiff have any opposition to the motion, Plaintiff shall file any opposition and explanation for why such opposition was not timely filed by October 10, 2023, or the Court will treat the motion as unopposed. Signed by Magistrate Judge John D. Love on 9/26/2023. (wea, 6)
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| Filing 6 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Paramount. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order)(Nilsson, William) |
| Filing 5 CASE REFERRED to Magistrate Judge John D. Love (jbe, 6) |
| Filing 4 NOTICE of Attorney Appearance - Pro Hac Vice by Emilio Nicolas on behalf of Paramount. Filing fee $ 100, receipt number ATXEDC-9686394. (Nicolas, Emilio) |
| Magistrate Judge John D. Love added. (jbe, 6) |
| Filing 3 COMPLAINT (PLAINTIFF'S ORIGINAL PETITION AS FILED IN STATE COURT ACTION) against Paramount, filed by Author J. Manning, Jr.(wea, 6) |
| Filing 2 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Paramount identifying Interested Party Berkshire Hathaway Inc., Interested Party National Amusements, Inc. for Paramount. (Nilsson, William) |
| Filing 1 NOTICE OF REMOVAL by Paramount from 4th Judicial District, Rusk County, case number 2023-097. (Filing fee $ 402 receipt number ATXEDC-9684692), filed by Paramount. (Attachments: #1 Exhibit A - State Court Petition, #2 Exhibit B - Citation, #3 Exhibit C - Civil Docket Sheet, #4 Exhibit D - Local Rule CV-81 Document, #5 Civil Cover Sheet)(Nilsson, William) |
| COURT ORDER: The court adopts in this case Judge Barker's standing orders, which may be obtained from his page on the court's website and may be updated without separate docket entry. All parties and counsel are ordered to stay abreast of the current standing orders and to comply with those orders and with the court's local rules. Noncompliance with those standing orders or local rules may result in a sanction or other disadvantage. (wea, 6) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (wea, 6) |
| District Judge J. Campbell Barker added. (wea, 6) |
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