Cox v. Benbella Books Inc et al
| Francis Schaeffer Cox |
| Benbella Books Inc and William Fulton |
| 3:2018cv03367 |
| December 20, 2018 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Torts/Pers Inj: Assault, Libel & Slander |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 32
FINAL JUDGMENT: In its Memorandum Opinion and Order, Doc. #31 , the Court converted in part Plaintiff's Motion (Doc. #19 ) for Voluntary Dismissal without prejudice to a dismissal with prejudice, granted the Motion, and dismissed all of Plaintiff's claims. Therefore, it is ORDERED that Plaintiff take nothing from his claims. (Ordered by Judge Jane J. Boyle on 4/10/2019) (axm)
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Filing 31
MEMORANDUM OPINION AND ORDER: The Court converts in part Plaintiff's Motion for Voluntary Dismissal without prejudice to a Motion for Voluntary Dismissal with prejudice and GRANTS the Motion (Doc. #19 ). Specifically, the Court DISMISSES with prejudice Plaintiff's claims for defamation, defamation per se, defamation by implication, and intentional infliction of emotional distress based on Defendants' allegedly defamatory conduct. However, Plaintiff's claims for misappropriation of name or likeness and for intentional infliction of emotional distress to the extent not based on defamation are DISMISSED without prejudice. The Court DENIES Plaintiff's Motion to Strike (Doc. #27 ). In light of this ruling, the Court DENIES as moot Defendant BenBella's Rule 12(b)(6) Motion to Dismiss (Doc. #10 ), Defendant BenBella's Texas Civil Practices & Remedies Code 27.001 Motion to Dismiss (Doc. #20 ), Defendant BenBella's Motion for Hearing (Doc. #21 ), and Plaintiff's Motion for Sanctions (Doc. #29 ). Clerk of Court is directed to close this case. Final judgment to follow. (Ordered by Judge Jane J. Boyle on 4/10/2019) (axm)
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| Civil Case Terminated per #31 Memorandum Opinion and Order. (axm) |
| Filing 30 REPLY filed by Francis Schaeffer Cox re: #19 MOTION to Dismiss Voluntary Dismissal (Attachments: #1 Exhibit(s)) (Klayman, Larry) |
| Filing 29 Supplemental MOTION for Sanctions filed by Francis Schaeffer Cox (Klayman, Larry) |
| Filing 28 OBJECTION filed by Francis Schaeffer Cox re: #20 MOTION to Dismiss Pursuant to Tex. Civ. Prac. & Rem. Code 27.001 et. seq. (Attachments: #1 Affidavit(s)) (Klayman, Larry) |
| Filing 27 MOTION for Sanctions filed by Francis Schaeffer Cox (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Proposed Order) (Klayman, Larry) |
| Filing 26 Consent MOTION for Leave to File Exceed Page Limit filed by Francis Schaeffer Cox (Attachments: #1 Proposed Order) (Klayman, Larry) |
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Filing 25
ELECTRONIC ORDER granting #24 Plaintiff's Motion to Extend Time to File Response. Plaintiff must file his Response to Defendant's Motion to Dismiss Pursuant to Texas Civil Practices and Remedies Code 27.001, et seq., on or before April 4, 2019. (Ordered by Judge Jane J. Boyle on 4/1/2019) (chmb)
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| Filing 24 MOTION for Extension of Time to File Response/Reply to #20 MOTION to Dismiss Pursuant to Tex. Civ. Prac. & Rem. Code 27.001 et. seq. filed by Francis Schaeffer Cox (Klayman, Larry) |
| Filing 23 RESPONSE filed by Benbella Books Inc re: #19 MOTION to Dismiss Voluntary Dismissal (McCabe, Michael) |
| Filing 22 OBJECTION filed by Francis Schaeffer Cox re: #21 Unopposed MOTION for Hearing re #20 MOTION to Dismiss Pursuant to Tex. Civ. Prac. & Rem. Code 27.001 et. seq. (Klayman, Larry) |
| Filing 21 Unopposed MOTION for Hearing re #20 MOTION to Dismiss Pursuant to Tex. Civ. Prac. & Rem. Code 27.001 et. seq. filed by Benbella Books Inc (Attachments: #1 Proposed Order) (McCabe, Michael) |
| Filing 20 MOTION to Dismiss Pursuant to Tex. Civ. Prac. & Rem. Code 27.001 et. seq. filed by Benbella Books Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1 - Declaration of Glenn Yeffeth, #2 Exhibit(s) 2 - Summary of Statements, #3 Proposed Order) (McCabe, Michael) |
| Filing 19 MOTION to Dismiss Voluntary Dismissal filed by Francis Schaeffer Cox (Klayman, Larry) |
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Filing 18
ELECTRONIC ORDER granting #17 Plaintiff's Unopposed Motion to Extend Time to File Response. Plaintiff must file his response on or before March 11, 2019. (Ordered by Judge Jane J. Boyle on 3/7/2019) (chmb)
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| Filing 17 MOTION for Extension of Time to File Response/Reply to #10 Motion to Dismiss for Failure to State a Claim filed by Francis Schaeffer Cox (Klayman, Larry) |
| Filing 16 ANSWER to #1 Complaint filed by Benbella Books Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (McCabe, Michael) |
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Filing 15
ELECTRONIC ORDER granting #14 Plaintiff's Unopposed Motion to Extend Time to File Response. The Court hereby ORDERS Plaintiff to file his Response to Defendants' Motion to Dismiss on or before March 7, 2019. (Ordered by Judge Jane J. Boyle on 2/21/2019) (chmb)
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| Filing 14 MOTION for Extension of Time to File Response/Reply to #10 Motion to Dismiss for Failure to State a Claim filed by Francis Schaeffer Cox (Klayman, Larry) |
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Filing 13
ELECTRONIC ORDER granting #12 Defendant Benbella Books' Motion to File Under Seal. Clerk of Court is directed to place Doc. 11 under seal. (Ordered by Judge Jane J. Boyle on 2/5/2019) (chmb)
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| Filing 12 MOTION to Seal Document re #11 Appendix in Support filed by Benbella Books Inc (Attachments: #1 Exhibit(s) Redacted Appendix) (McCabe, Michael) |
| Filing 11 (Document Restricted) Appendix in Support filed by Benbella Books Inc re #10 Motion to Dismiss for Failure to State a Claim (McCabe, Michael) Modified security on 2/5/2019 (cea). |
| Filing 10 Motion to Dismiss for Failure to State a Claim filed by Benbella Books Inc (Attachments: #1 Proposed Order) (McCabe, Michael) |
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Filing 9
ELECTRONIC ORDER: In light of the arguments made in Plaintiff's Response to the Court's Order to Show Cause (Doc. 7), the Court hereby GRANTS leave for Plaintiff to proceed without local counsel. (Ordered by Judge Jane J. Boyle on 1/17/2019) (chmb)
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| Filing 8 RESPONSE filed by Francis Schaeffer Cox re: #7 Order to Show Cause/Order to Answer, (Attachments: #1 Exhibit(s)) (Klayman, Larry) |
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Filing 7
ORDER TO SHOW CAUSE: After reviewing the papers and pleadings on file, the Court notes that no local counsel has appeared on behalf of Plaintiff as Local Rule 83.10(a) requires. Therefore, the Court ORDERS the following: By Friday, 1/18/2019, Plaintiff must SHOW CAUSE, in writing, why local counsel has not yet appeared on its behalf. Failure to comply may result in sanctions. (Ordered by Judge Jane J. Boyle on 1/11/2019) (zkc)
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| Filing 6 STIPULATION by Benbella Books Inc. (McCabe, Michael) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Benbella Books Inc. (McCabe, Michael) |
| Filing 4 NOTICE of Attorney Appearance by Michael A McCabe for Michael McCabe and Lauren Mitchell on behalf of Benbella Books Inc. (McCabe, Michael) |
| Filing 3 Summons Issued as to Benbella Books Inc, William Fulton. (mla) |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (mla) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Francis Schaeffer Cox. (Filing fee $400; Receipt number 0539-9661558) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Klayman, Larry) |
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