Susquehanna Radio LLC v. Kemp et al
| Susquehanna Radio LLC and Susquehanna Radio Corp |
| Jacob Kemp and Daniel McDowell |
| ADR Provider |
| 3:2023cv01746 |
| August 4, 2023 |
| US District Court for the Northern District of Texas |
| Karen Gren Scholer |
| Contract: Other Contract |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
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Filing 58
ORDER granting #57 Agreed Motion to Dismiss: It is ORDERED that the above-styled and numbered cause is DISMISSED with prejudice, including all claims and counterclaims that were or could have been asserted in the lawsuit. The Court further orders that court costs and attorneys' fees incurred by the parties will be taxed in accordance with the terms of the parties' settlement agreement for this matter. This is a FINAL ORDER that disposes of all remaining parties and claims in the above-styled and numbered lawsuit. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Karen Gren Scholer on 9/27/2023) (twd)
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| Filing 57 Agreed MOTION to Dismiss with Prejudice filed by Susquehanna Radio LLC (Attachments: #1 Proposed Order) (Anderson, L. David) |
| Filing 56 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Status Conference held on 9/26/2023. Attorney Appearances: Plaintiff - David Anderson, David Pernini, Brian Jorgensen; Defense - Frank Cawley. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - 4:33. (tub) |
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Filing 55
ORDER: The parties have announced that this case has been resolved. The current trial setting and scheduling order are vacated and all pending motions and/or hearings are terminated. The parties are to file dismissal documents by 9/29/2023. (Ordered by Judge Karen Gren Scholer on 9/26/2023) (twd)
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| Filing 54 Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 09/15/2023 before Judge Karen Gren Scholer. Court Reporter/Transcriber Thu "Tutti" Bui, Telephone number (214) 753-2354. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (343 pages) Redaction Request due 10/17/2023. Redacted Transcript Deadline set for 10/27/2023. Release of Transcript Restriction set for 12/26/2023. (tub) |
| Filing 53 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Status Conference held on 9/25/2023. Attorney Appearances: Plaintiff - David Anderson, David Pernini, Brian Jorgensen; Defense - Frank Cawley, Elizabeth Griffin. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - 3:30. (tub) |
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Filing 52
ELECTRONIC ORDER: The Court sets this case for a status conference on September 26, 2023, at 8:30 a.m. (Ordered by Judge Karen Gren Scholer on 9/25/2023) (chmb)
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Filing 51
ELECTRONIC ORDER: **TIME CHANGE ONLY** The Court RESETS the September 25, 2023, status conference to 9:00a.m. (Ordered by Judge Karen Gren Scholer on 9/24/2023) (chmb)
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Filing 50
ORDER: This Order addresses Plaintiff Susquehanna Radio LLC's Renewed Emergency Application for Temporary Restraining Order and Request for Preliminary Injunction ("Application") [ECF No. #9 ]. At the 9/15/2023 hearing, the Court found that Plaintiff had failed to "clearly carr[y] the burden of persuasion" on at least one of the requirements for each claim on which Plaintiff moved for injunctive relief. Id. Accordingly, the Court DENIES the Application. An opinion explaining the Court's reasoning is forthcoming. (Ordered by Judge Karen Gren Scholer on 9/22/2023) (ctf)
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Filing 49
ORDER: Status Conference set for 9/25/2023 09:30 AM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 9/22/2023) (axm)
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| Filing 48 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Motion Hearing held on 9/15/2023 re #9 Motion for TRO,, Motion for Injunction, filed by Susquehanna Radio LLC. re: #9 Emergency MOTION for Temporary Restraining Order and Request for Preliminary Injunction MOTION for Injunction Attorney Appearances: Plaintiff - David Anderson, David Pernini, Tyler Dysart; Defense - Philip Kingston, Frank Cawley, Elizabeth Griffin. (Court Reporter: Tutti Bui) (Exhibits admitted) Time in Court - 7:28. (tub) Modified on 9/18/2023 (chmb). |
| Filing 47 Court Request for Recusal: Magistrate Judge David L. Horan recused, Magistrate Judge Rebecca Rutherford assigned for matters that may be referred in this case. (cea) |
| Filing 46 RESPONSE filed by Jacob Kemp re: #43 Brief/Memorandum in Support of Motion, #42 Unopposed MOTION for Leave to File Supplemental Brief in Support of Preliminary Injunction, 44 Order on Motion for Leave to File (Kingston, Philip) |
| Filing 45 MOTION to Dismiss Pursuant to Rule 12(b)(1) and Rule (b)(6) and Brief in Support filed by Jacob Kemp with Brief/Memorandum in Support. (Kingston, Philip) |
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Filing 44
ELECTRONIC ORDER: The Court GRANTS #42 Plaintiff's Unopposed Motion for Leave to File Supplemental Brief in Support of Preliminary Injunction. (Ordered by Judge Karen Gren Scholer on 9/14/2023) (chmb)
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| Filing 43 Brief/Memorandum in Support filed by Susquehanna Radio LLC re #42 Unopposed MOTION for Leave to File Supplemental Brief in Support of Preliminary Injunction (Attachments: #1 Exhibit(s) Loserville Podcast Transcript, #2 Exhibit(s) Kingston Tweet) (Anderson, L. David) |
| Filing 42 Unopposed MOTION for Leave to File Supplemental Brief in Support of Preliminary Injunction filed by Susquehanna Radio LLC with Brief/Memorandum in Support. (Anderson, L. David) |
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Filing 41
ELECTRONIC ORDER: **TIME CHANGE ONLY** The Court RESETS the September 15, 2023, hearing to 8:30a.m. (Ordered by Judge Karen Gren Scholer on 9/12/2023) (chmb)
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Filing 40
ELECTRONIC ORDER: The Court GRANTS #39 Defendants' Motion for Leave to Exceed Page Limit. (Ordered by Judge Karen Gren Scholer on 9/12/2023) (chmb)
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| Filing 39 MOTION for Leave to File Leave to Exceed Page Limit filed by Jacob Kemp (Kingston, Philip) |
| Filing 38 NOTICE of Attorney Appearance by Brian M Jorgensen on behalf of Susquehanna Radio LLC. (Filer confirms contact info in ECF is current.) (Jorgensen, Brian) |
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Filing 37
ORDER: The Court GRANTS the Defendants' #36 Unopposed Motion to Extend Time to Respond and RESETS the hearing on Plaintiff's #9 Renewed Emergency Application for Temporary Restraining Order and Request for Preliminary Injunction for 9/15/2023 at 09:30 AM before Judge Karen Gren Scholer. Accordingly, the Defendants shall answer, or otherwise respond to, Plaintiff's Complaint on or before 9/15/2023. (Ordered by Judge Karen Gren Scholer on 8/30/2023) (twd)
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| Filing 36 Unopposed Motion for Extension of Time to File Answer or File Other Responsive Pleading to Plaintiff's Complaint filed by Jacob Kemp, Daniel McDowell (Griffin, Elizabeth) |
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Filing 35
ELECTRONIC ORDER: At the request of the parties, communicated to the Court by the Mediator, the August 29, 2023, evidentiary hearing on #9 Plaintiff's Renewed Emergency Application for Temporary Restraining Order and Request for Preliminary Injunction is CANCELED to allow more time for mediation. The hearing will be reset by separate order. (Ordered by Judge Karen Gren Scholer on 8/28/2023) (chmb)
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| Filing 34 REPLY filed by Jacob Kemp re: #29 Order Setting Deadline/Hearing (Kingston, Philip) |
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Filing 33
ELECTRONIC ORDER: IT IS ORDERED that #32 Defendants' Unopposed Motion to Extend Time to Respond to Plaintiff's Complaint, to and including September 5, 2023, is GRANTED. (Ordered by Judge Karen Gren Scholer on 8/25/2023) (chmb)
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| Filing 32 Unopposed Motion for Extension of Time to File Answer and Other Responsive Pleadings to Plaintiff's Complaint filed by Jacob Kemp, Daniel McDowell (Griffin, Elizabeth) |
| Filing 31 Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 8/21/2023 before Judge Karen Gren Scholer. Court Reporter/Transcriber Thu "Tutti" Bui, Telephone number (214) 753-2354. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (23 pages) Redaction Request due 9/13/2023. Redacted Transcript Deadline set for 9/25/2023. Release of Transcript Restriction set for 11/21/2023. (tub) |
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Filing 30
SCHEDULING ORDER: Bench Trial set for 12/12/2023 before Judge Karen Gren Scholer. Motions due by 10/13/2023. Pretrial Conference set for 11/17/2023 01:30 PM before Judge Karen Gren Scholer. Pretrial Conference set for 12/5/2023 01:30 PM before Judge Karen Gren Scholer. Pretrial Conference set for 12/11/2023 01:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 8/22/2023) (agc)
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Filing 29
AGREED TEMPORARY ORDER RESTRAINING DEFENDANTS AND CONTINUING PRELIMINARY INJUCTION HEARING: Preliminary Injunction Hearing reset for 8/29/2023 09:30 AM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 8/21/2023) (axm)
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| Filing 28 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Motion Hearing held on 8/21/2023 re #9 Motion for TRO,, Motion for Injunction, filed by Susquehanna Radio LLC. re: #9 Emergency MOTION for Temporary Restraining Order and Request for Preliminary Injunction MOTION for Injunction Attorney Appearances: Plaintiff - David Anderson, David Pernini, Tyler Dysart; Defense - Philip Kingston, Frank Cawley, Elizabeth Griffin. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - 1:32. (tub) |
| Filing 27 NOTICE of Attorney Appearance by Elizabeth Fitzgerald Griffin on behalf of Jacob Kemp, Daniel McDowell. (Filer confirms contact info in ECF is current.) (Griffin, Elizabeth) |
| Filing 26 REPLY filed by Susquehanna Radio LLC re: #19 Response/Objection (Anderson, L. David) |
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Filing 25
ELECTRONIC ORDER: The Court GRANTS #24 Defendants' Unopposed Motion for Leave to Present Witnesses Remotely. Defendants may present the testimony of Dan McDowell and Adam Romo via Zoom. All counsel and other witnesses shall appear in person unless this Court expressly grants leave to appear remotely. (Ordered by Judge Karen Gren Scholer on 8/17/2023) (chmb)
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| Filing 24 MOTION for Leave to File to Present Witness Remotely filed by Jacob Kemp (Kingston, Philip) |
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Filing 23
ELECTRONIC ORDER granting #17 Application for Admission Pro Hac Vice of Kevin Tyler Dysart. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 8/16/2023) (chmb)
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| Filing 22 NOTICE of Attorney Appearance by Frank G Cawley on behalf of Jacob Kemp, Daniel McDowell. (Filer confirms contact info in ECF is current.) (Cawley, Frank) |
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Filing 21
ELECTRONIC ORDER: The Court GRANTS #20 Defendants' Motion for Leave to Exceed the Page Limit. (Ordered by Judge Karen Gren Scholer on 8/16/2023) (chmb)
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| Filing 20 MOTION for Leave to Exceed Page Limit filed by Jacob Kemp, Daniel McDowell (Cawley, Frank) Modified to correct docket text and terminate the extra motion on 8/16/2023 (cea). |
| Filing 19 RESPONSE AND OBJECTION filed by Jacob Kemp, Daniel McDowell re: #9 Emergency MOTION for Temporary Restraining Order and Request for Preliminary Injunction MOTION for Injunction (Cawley, Frank) |
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Filing 18
ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of David M. Pernini. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 8/15/2023) (chmb)
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| Filing 17 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney K. Tyler Dysart (Filing fee $100; Receipt number ATXNDC-13955154) filed by Susquehanna Radio LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing) (Anderson, L. David) |
| Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney David Pernini (Filing fee $100; Receipt number ATXNDC-13955109) filed by Susquehanna Radio LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing) (Anderson, L. David) |
| Filing 15 SUMMONS Returned Executed as to Jacob Kemp; served on 8/7/2023. (cfk) |
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Filing 14
ORDER REFERRING CASE TO MEDIATION: The Court ORDERS this case to mediation before: J Robert Arnett, II. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Mediation shall take place on 8/22/2023 at 9:30 a.m. and shall be in person. The Mediator may change the time, place, or manner of the mediation as deemed appropriate by the Mediator without leave of court. (Ordered by Judge Karen Gren Scholer on 8/10/2023) (twd)
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| Filing 13 RESPONSE filed by Daniel McDowell re: #9 Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction. (Albright, Roger) Docket text modified on 8/10/2023 (twd). |
| Filing 12 RESPONSE filed by Jacob Kemp re: #9 Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction (Albright, Roger) Docket text modified on 8/10/2023 (twd). |
| Filing 11 RESPONSE filed by Jacob Kemp re: #9 Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction (Albright, Roger) Docket text modified on 8/10/2023 (twd). |
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Filing 10
ORDER re: #9 Emergency MOTION for Temporary Restraining Order and Request for Preliminary Injunction. Responses due by 8/15/2023. Replies due by 8/17/2023. Motion Hearing set for 8/21/2023 10:00 AM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 8/10/2023) (oyh)
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| Filing 9 Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Susquehanna Radio LLC (Attachments: #1 Exhibit(s) Exhibit A - Declaration of L. David Anderson) (Anderson, L. David). Added MOTION for Preliminary Injunction on 8/10/2023 (twd). |
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Filing 8
ELECTRONIC ORDER granting #6 Application for Admission Pro Hac Vice of Matthew Bruenig. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 8/9/2023) (chmb)
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Filing 7
ORDER denying #5 Emergency Application for Temporary Restraining Orderand Request for Preliminary Injunction. (Ordered by Judge Karen Gren Scholer on 8/9/2023) (sxf)
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| Filing 6 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13941856) filed by Jacob Kemp, Daniel McDowell (Attachments: #1 Certificate of Good Standing)Attorney Matthew Bruenig added to party Jacob Kemp(pty:dft), Attorney Matthew Bruenig added to party Daniel McDowell (pty:dft) (Bruenig, Matthew) (Main Document 6 replaced to flatten PDF on 8/9/2023) (agc). |
| Filing 5 Emergency Application for Temporary Restraining Order and Request for Preliminary Injunction filed by Susquehanna Radio LLC (Anderson, L. David) Modified text on 8/9/2023 (agc). |
| Filing 4 Summons Issued as to Jacob Kemp, Daniel McDowell. (sxf) |
| Filing 3 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (sxf) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Susquehanna Radio LLC. (Clerk QC note: No affiliate entered in ECF). (Anderson, L. David) |
| Filing 1 COMPLAINT against All Defendants filed by Susquehanna Radio LLC. (Filing fee $402; Receipt number ATXNDC-13934518) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B) (Anderson, L. David) |
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