Rich et al v. Fox News Network LLC et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:18-cv-02223-GBD
District Judge George B. Daniels, presiding
Tags
District Judge George B. Daniels
Last Updated December 2, 2020 at 4:06 PM EST (4.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Joel Rich, Plaintiff

Represented by Massey & Gail LLC

Name Phone Fax E-Mail
Space Suyash Agrawal +1 312 283 1590 sagrawal@masseygail.com
Space Leonard A. Gail +1 312 283 1590 +1 312 379 0467 lgail@masseygail.com
Space Eli J. Kay-Oliphant - PHV +1 312 283 1590 +1 312 379 0467 ekay-oliphant@masseygail.com

Represented by Susman Godfrey, LLP

Name Phone Fax E-Mail
Space Elisha Brandis Barron +1 212 729 2013 +1 212 336 8340 ebarron@susmangodfrey.com
Space Beatrice Catherine Franklin +1 212 336 8330 +1 212 336 8340 bfranklin@susmangodfrey.com
Space Y. Gloria Park +1 212 336 8330 +1 212 336 8340 gpark@susmangodfrey.com
Space Arun Srinivas Subramanian +1 212 336 8330 +1 212 336 8340 asubramanian@susmangodfrey.com
No Logo Mary Rich, Plaintiff

Represented by Massey & Gail LLC

Name Phone Fax E-Mail
Space Suyash Agrawal +1 312 283 1590 sagrawal@masseygail.com
Space Leonard A. Gail +1 312 283 1590 +1 312 379 0467 lgail@masseygail.com
Space Eli J. Kay-Oliphant - PHV +1 312 283 1590 +1 312 379 0467 ekay-oliphant@masseygail.com

Represented by Susman Godfrey, LLP

Name Phone Fax E-Mail
Space Elisha Brandis Barron +1 212 729 2013 +1 212 336 8340 ebarron@susmangodfrey.com
Space Beatrice Catherine Franklin +1 212 336 8330 +1 212 336 8340 bfranklin@susmangodfrey.com
Space Y. Gloria Park +1 212 336 8330 +1 212 336 8340 gpark@susmangodfrey.com
Space Arun Srinivas Subramanian +1 212 336 8330 +1 212 336 8340 asubramanian@susmangodfrey.com
v.
No Logo Ed Butowsky, Defendant
Fox News Network LLC Fox News Network LLC, Defendant

Represented by Williams & Connolly, LLP

Name Phone Fax E-Mail
Space Kevin Taylor Baine +1 202 434 5010 +1 202 434 5029 KBaine@wc.com
Space Dane Hal Butswinkas +1 202 434 5110 +1 202 434 5029 dbutswinkas@wc.com
Space Katherine Anne Petti +1 202 434 5095 kpetti@wc.com
Space Joseph Marshall Terry, Jr. +1 202 434 5320 +1 202 434 5029 jterry@wc.com
No Logo Malia Zimmerman, Defendant

Represented by Dechert LLP

Name Phone Fax E-Mail
Space David H. Stern +1 213 808 5700 +1 213 808 5760 david.stern@dechert.com
Space David H. Stern +1 213 808 5700 +1 213 808 5760 david.stern@dechert.com
Space Katherine M. Wyman +1 202 261 3329 +1 202 261 3013 katherine.wyman@dechert.com
Space Katherine M. Wyman +1 202 261 3329 +1 202 261 3013 katherine.wyman@dechert.com
Attributes
Office Foley Square
Filed 3/13/2018
Jury Demand Plaintiff
Demand
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1332pi Diversity-Personal Injury
Jurisdiction Diversity
Disposition
County XX Out of State
Terminated
Origin 3
Reopened 10/4/2019
Lead Case
None
Related Case
117-cv-05807-GBD
Other Court Case None
Defendant Custody Status
Flags ECF,RELATED,REOPEN
Timeline
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Legal Document (Payment Possibly Required) 218 Filed: 12/2/2020, Entered: None Stipulation of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 214 Filed: 10/13/2020, Entered: None Stipulation and Order
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Legal Document (Payment Possibly Required) 162 Filed: 7/15/2020, Entered: None Letter
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Legal Document (Payment Possibly Required) 161 Filed: 7/13/2020, Entered: None Order on Motion for Protective Order
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Legal Document (Payment Possibly Required) 136 Filed: 4/7/2020, Entered: None Letter
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Legal Document (Payment Possibly Required) 135 Filed: 4/3/2020, Entered: None Memo Endorsement
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Legal Document (Payment Possibly Required) 134 Filed: 3/31/2020, Entered: None Letter
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Legal Document (Payment Possibly Required) 133 Filed: 3/20/2020, Entered: None Reply Memorandum of Law in Support of Motion
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Legal Document (Payment Possibly Required) 121 Filed: 3/2/2020, Entered: None Order
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Legal Document (Payment Possibly Required) 120 Filed: 2/28/2020, Entered: None Memorandum of Law in Opposition to Motion
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Legal Document (Payment Possibly Required) 119 Filed: 2/28/2020, Entered: None Declaration in Support of Motion
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Legal Document (Payment Possibly Required) 118 Filed: 2/28/2020, Entered: None Seal
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Legal Document (Payment Possibly Required) 117 Filed: 2/28/2020, Entered: None Declaration in Opposition to Motion
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Legal Document (Payment Possibly Required) 115 Filed: 2/27/2020, Entered: None Transcript
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Legal Document (Payment Possibly Required) 113 Filed: 2/24/2020, Entered: None Letter
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Legal Document (Payment Possibly Required) 112 Filed: 2/18/2020, Entered: None Amended Order Referring Case to Magistrate Judge
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Legal Document (Payment Possibly Required) 109 Filed: 2/11/2020, Entered: None Letter
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Legal Document (Payment Possibly Required) 107 Filed: 2/6/2020, Entered: None Protective Order
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Legal Document (Payment Possibly Required) 102 Filed: 1/31/2020, Entered: None Dismiss
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Legal Document (Payment Possibly Required) 100 Filed: 1/22/2020, Entered: None Order Referring Case to Magistrate Judge
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Legal Document (Payment Possibly Required) 96 Filed: 1/16/2020, Entered: None Notice of Appearance
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Legal Document (Payment Possibly Required) 91 Filed: 12/11/2019, Entered: None Order on Motion to Appear Pro Hac Vice
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Legal Document (Payment Possibly Required) 89 Filed: 12/5/2019, Entered: None Order on Motion to Appear Pro Hac Vice
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Legal Document (Payment Possibly Required) 86 Filed: 11/27/2019, Entered: None Rule 7.1 Corporate Disclosure Statement
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Legal Document (Payment Possibly Required) 85 Filed: 11/27/2019, Entered: None Appear Pro Hac Vice
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Legal Document 84 Filed: 11/20/2019, Entered: 11/20/2019 Answer
ANSWER to [1] Complaint, [7] Complaint,., ANSWER to [1] Complaint, [7] Complaint,. Document filed by Fox News Network LLC.(Terry, Joseph)
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Legal Document 83 Filed: 11/20/2019, Entered: 11/20/2019 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent FOX Corporation for Fox News Network LLC. Document filed by Fox News Network LLC.(Terry, Joseph)
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Legal Document 82 Filed: 11/20/2019, Entered: 11/20/2019 Answer
ANSWER to [7] Complaint,. Document filed by Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity).(Stern, David)
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Legal Document 81 Filed: 11/20/2019, Entered: 11/20/2019 Notice of Appearance
NOTICE OF APPEARANCE by Christine Isaacs on behalf of Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Isaacs, Christine)
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Legal Document 80 Filed: 11/20/2019, Entered: 11/20/2019 Notice of Appearance
NOTICE OF APPEARANCE by Nicolle Lipper Jacoby on behalf of Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Jacoby, Nicolle)
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Legal Document 79 Filed: 11/1/2019, Entered: 11/1/2019 Order on Motion to withdraw as attorneyCourt Filing
ORDER granting [78] Motion to Withdraw as Attorney. SO ORDERED. (Signed by Judge George B. Daniels on 11/1/2019) Attorney David Butler Harrison terminated (ks)
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Legal Document 78 Filed: 10/30/2019, Entered: 10/30/2019, Terminated: 11/1/2019 Motion to withdraw as attorney
MOTION for David B. Harrison to Withdraw as Attorney . Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Harrison, David)
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Legal Document 77 Filed: 10/18/2019, Entered: 10/18/2019 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [76] Letter, filed by Malia Zimmerman, Fox News Network LLC. ENDORSEMENT: SO ORDERED. (Fox News Network LLC answer due 11/20/2019; Malia Zimmerman(in her professional capacities) answer due 11/20/2019; Malia Zimmerman(in her individual capacity) answer due 11/20/2019.) (Signed by Judge George B. Daniels on 10/18/2019) (jwh)
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Legal Document 76 Filed: 10/17/2019, Entered: 10/17/2019 LetterCourt Filing
LETTER addressed to Judge George B. Daniels from Kevin T. Baine and David H. Stern dated October 17, 2019 re: Setting time to file answer. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity).(Baine, Kevin)
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Legal Document 75 Filed: 10/8/2019, Entered: 10/8/2019 OrderCourt Filing
ORDER: A status conference is scheduled for January 22, 2020 at 9:45 am. (Status Conference set for 1/22/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 10/7/2019) (jwh)
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Legal Document 74 Filed: 10/4/2019, Entered: 10/4/2019 Notice of Appearance
NOTICE OF APPEARANCE by Beatrice Catherine Franklin on behalf of Joel Rich, Mary Rich. (Franklin, Beatrice)
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Legal Document 73 Filed: 10/4/2019, Entered: 10/4/2019 USCA Mandate
MANDATE of USCA (Certified Copy) as to [71] Notice of Appeal filed by Joel Rich, Mary Rich. USCA Case Number 18-2321-cv. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is VACATED and the case is REMANDED for further proceedings consistent with this Court's opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/04/2019. (Attachments: # (1) Opinion)(nd)
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Blank  Filed: None, Entered: None Transmission of USCA Mandate/Order to District Judge
Transmission of USCA Mandate to the District Judge re: [73] USCA Mandate,. (nd)
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Blank  Filed: None, Entered: None Transmission of USCA Mandate/Order to District Judge
Transmission of USCA Mandate to the District Judge re: [73] USCA Mandate,. (nd)
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Legal Document 72 Filed: 9/13/2019, Entered: 9/13/2019, Terminated: 10/4/2019 USCA order
USCA OPINION (Certified) as to [71] Notice of Appeal filed by Joel Rich, Mary Rich. USCA Case Number 18-2321-cv. Plaintiffs-Appellants Joel Rich and Mary Rich appeal from a judgment of the United States District Court for the Southern District of New York (Daniels, J.) dismissing their state torts claims against Defendants-Appellees Fox News Network, Malia Zimmerman, and Ed Butowsky. Plaintiffs-Appellants filed a complaint based on diversity jurisdiction alleging intentional infliction of emotional distress, tortious interference with contract, and negligent supervision or retention. On de novo review, we hold that the complaint pleads sufficient facts to survive a Rule 12(b)(6) motion to dismiss on the first two counts, and an amendment could cure any defect in the third claim. We VACATE the District Court's August 2, 2018, judgment granting the Appellees' motion to dismiss, and we REMAND the case for further proceedings consistent with this opinion.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/13/2019. (nd) Modified on 10/4/2019 (nd).
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Blank  Filed: None, Entered: None Transmission of USCA Mandate/Order to District Judge
Transmission of USCA Opinion to the District Judge re: [72] USCA Opinion. (nd)
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Legal Document 71 Filed: 8/7/2018, Entered: 8/7/2018, Terminated: 10/4/2019 Notice of appeal
NOTICE OF APPEAL from [70] Clerk's Judgment,,. Document filed by Joel Rich, Mary Rich. Filing fee $ 505.00, receipt number 0208-15415819. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Subramanian, Arun)
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Blank  Filed: None, Entered: None Appeal Record Sent to USCA - Electronic File
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for [71] Notice of Appeal filed by Joel Rich, Mary Rich were transmitted to the U.S. Court of Appeals. (nd)
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Blank  Filed: None, Entered: None transmission of notice of appeal and docket sheet to USCA
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [71] Notice of Appeal. (nd)
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Legal Document 70 Filed: 8/3/2018, Entered: 8/3/2018 clerk's judgment
CLERK'S JUDGMENT re: [69] Order on Motion to Dismiss in favor of Fox News Network LLC, Ed Butowsky, Malia Zimmerman against Joel Rich, Mary Rich. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision and Order dated August 2, 2018, Defendants' motions to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, (ECF Nos. 35, 51), are GRANTED. (Signed by Clerk of Court Ruby Krajick on 8/3/2018) (Attachments: # (1) Right to Appeal)(km)
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Legal Document 69 Filed: 8/2/2018, Entered: 8/2/2018 Order on Motion to DismissCourt Filing
MEMORANDUM DECISION AND ORDER granting [35] Motion to Dismiss; granting [51] Motion to Dismiss: Defendants' motions to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, (ECF Nos. 35, 51), are GRANTED. (Signed by Judge George B. Daniels on 8/2/2018) (jwh) Modified on 8/2/2018 (jwh).
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Blank  Filed: None, Entered: None Transmission to Orders and Judgments Clerk
Transmission to Judgments and Orders Clerk. Transmitted re: [69] Order on Motion to Dismiss, to the Judgments and Orders Clerk. (jwh)
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Legal Document (Payment Possibly Required) 68 Filed: 7/20/2018, Entered: 7/20/2018 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/20/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 67 Filed: 7/20/2018, Entered: 7/20/2018 transcriptCourt Filing
TRANSCRIPT of Proceedings re: conference held on 6/20/2018 before Judge George B. Daniels. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/18/2018.(McGuirk, Kelly)
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Legal Document 66 Filed: 7/10/2018, Entered: 7/10/2018 LetterCourt Filing
LETTER addressed to Judge George B. Daniels from Joseph M. Terry dated July 10, 2018 re: Response to Plaintiffs' Letter Brief on Motion to Dismiss. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Attachments: # (1) Exhibit Transcript)(Terry, Joseph)
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Legal Document 65 Filed: 7/9/2018, Entered: 7/9/2018 LetterCourt Filing
LETTER addressed to Judge George B. Daniels from David B. Harrison dated July 9, 2018 re: Response to Plaintiffs' letter dated June 29, 2018 (DE 64) concerning points raised by Court at hearing on June 20, 2018. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity).(Harrison, David)
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Legal Document 64 Filed: 6/29/2018, Entered: 6/29/2018 LetterCourt Filing
LETTER addressed to Judge George B. Daniels from Arun Subramanian dated June 29, 2018 re: response to points raised by the Court at June 20, 2018 hearing. Document filed by Joel Rich, Mary Rich.(Subramanian, Arun)
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Blank  Filed: None, Entered: None Oral Argument
Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 6/20/2018 re: [35] FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). filed by Malia Zimmerman, Fox News Network LLC, [51] FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). filed by Ed Butowsky. Plaintiff Counsel: Suyash Agrawal, Leonard A. Gail, Eli Johnson Kay-Oliphant, Elisha Brandis Barron, Arun Srinivas Subramanian,Defense Counsel: Kevin Taylor Baine, Katherine Anne Petti, Joseph M. Terry, David H. Stern, Katherine Maeve Wyman, David Butler Harrison and court reporter present. The subsequent conference is scheduled for September 4, 2018 at 9:45 a.m. (Vega, Elizabeth)
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Legal Document 63 Filed: 6/18/2018, Entered: 6/18/2018 Reply Affidavit in Support of Motion
REPLY AFFIDAVIT of David B. Harrison in Support re: [51] FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6).. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Harrison, David)
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Legal Document 62 Filed: 6/18/2018, Entered: 6/18/2018 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [51] FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). . Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Harrison, David)
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Legal Document 61 Filed: 6/18/2018, Entered: 6/18/2018 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [35] FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). . Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Baine, Kevin)
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Legal Document 60 Filed: 6/14/2018, Entered: 6/14/2018 Notice - Other
NOTICE of Withdrawal of Counsel and Request to be Removed from Service List. Document filed by Joel Rich, Mary Rich. (Park, Yoonhee)
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Legal Document 59 Filed: 6/12/2018, Entered: 6/12/2018 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [58] Letter, filed by Malia Zimmerman, Fox News Network LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 6/12/2018) (jwh)
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Legal Document 58 Filed: 6/11/2018, Entered: 6/11/2018 LetterCourt Filing
LETTER addressed to Judge George B. Daniels from Joseph M. Terry dated June 11, 2018 re: request for leave to file a reply brief of twelve pages. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity).(Terry, Joseph)
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Legal Document 57 Filed: 6/4/2018, Entered: 6/4/2018 Declaration in Opposition to Motion
DECLARATION of Eli J. Kay-Oliphant in Opposition re: [51] FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6)., [35] FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).. Document filed by Joel Rich, Mary Rich. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Subramanian, Arun)
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Legal Document 56 Filed: 6/4/2018, Entered: 6/4/2018 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [35] FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6)., [51] FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). . Document filed by Joel Rich, Mary Rich. (Subramanian, Arun)
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Legal Document 55 Filed: 5/22/2018, Entered: 5/22/2018 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [52] Letter filed by Joel Rich, Mary Rich. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 5/22/2018) (jwh)
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Legal Document 54 Filed: 5/22/2018, Entered: 5/22/2018 Declaration in Support of Motion
DECLARATION of David B. Harrison in Support re: [51] FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6).. Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Harrison, David)
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Legal Document 53 Filed: 5/22/2018, Entered: 5/22/2018 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [51] FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). . Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Harrison, David)
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Legal Document 52 Filed: 5/22/2018, Entered: 5/22/2018 LetterCourt Filing
LETTER addressed to Judge George B. Daniels from Arun Subramanian dated May 22, 2018 re: Letter Seeking Leave to File One 40-Page Consolidated Brief. Document filed by Joel Rich, Mary Rich.(Subramanian, Arun)
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Legal Document 51 Filed: 5/22/2018, Entered: 5/22/2018, Terminated: 8/2/2018 Motion to Dismiss
FIRST MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). Return Date set for 6/20/2018 at 09:00 AM.(Harrison, David)
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Blank  Filed: None, Entered: None Notice to Attorney to Re-File Document - Deficient Docket Entry Error
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Butler Harrison to RE-FILE Document [47] MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Legal Document 50 Filed: 5/17/2018, Entered: 5/17/2018 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [49] Letter proposing briefing schedule, filed by Joel Rich, Mary Rich. So Ordered., (Responses due by 6/4/2018, Replies due by 6/18/2018.) (Signed by Judge George B. Daniels on 5/17/18) (yv)
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Legal Document 49 Filed: 5/16/2018, Entered: 5/16/2018 LetterCourt Filing
LETTER addressed to Judge George B. Daniels from Arun Subramanian dated May 16, 2018 re: parties proposed briefing schedule for the Defendants' motion to dismiss. Document filed by Joel Rich, Mary Rich. (Attachments: # (1) Dkt. 40)(Subramanian, Arun)
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Legal Document 48 Filed: 5/15/2018, Entered: 5/15/2018 Order on Motion for Local Rule 37.2 ConferenceCourt Filing
ORDER granting [41] Letter Motion for Local Rule 37.2 Conference: Discovery is stayed until oral argument on June 20, 2018. (Signed by Judge George B. Daniels on 5/15/2018) (jwh)
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Legal Document 47 Filed: 5/14/2018, Entered: 5/14/2018, Terminated: 5/14/2018 Motion to Dismiss
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Pursuant to FRCP 12(b)(2) and 12(b)(6). Document filed by Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). Responses due by 6/4/2018 Return Date set for 6/20/2018 at 09:00 AM. (Attachments: # (1) Memorandum of Law in Support of Motion to Dismiss, # (2) Decl. of David B. Harrison, # (3) Ex. 1 of Decl., # (4) Ex. 2 of Decl., # (5) Proposed Order)(Harrison, David) Modified on 5/22/2018 (ldi).
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Legal Document 46 Filed: 5/14/2018, Entered: 5/14/2018 LetterCourt Filing
LETTER addressed to Judge George B. Daniels from Arun Subramanian dated May 14, 2018 re: Defendants' Request for stay of discovery and pre-motion discovery conference. Document filed by Joel Rich, Mary Rich.(Subramanian, Arun)
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Legal Document 45 Filed: 5/14/2018, Entered: 5/14/2018 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [44] Letter filed by Ed Butowsky. ENDORSEMENT: So Ordered on this 14 day of May, 2018. (Signed by Judge George B. Daniels on 5/14/2018) (jwh)
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Legal Document 44 Filed: 5/11/2018, Entered: 5/11/2018 LetterCourt Filing
LETTER addressed to Judge George B. Daniels from David B. Harrison dated May 11, 2018 re: Request to remove Docket Entry 42 from the docket. Document filed by Ed Butowsky(in his professional capacities).(Harrison, David)
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Legal Document 43 Filed: 5/11/2018, Entered: 5/11/2018 LetterCourt Filing
LETTER addressed to Judge George B. Daniels from David B. Harrison dated May 11, 2018 re: Docket Entry 41, filed by Defendant Fox News Network LLC. Document filed by Ed Butowsky(in his professional capacities).(Harrison, David)
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Legal Document 41 Filed: 5/11/2018, Entered: 5/11/2018, Terminated: 5/15/2018 Motion for Local Rule 37.2 ConferenceCourt Filing
LETTER MOTION for Local Rule 37.2 Conference regarding stay of discovery addressed to Judge George B. Daniels from Joseph M. Terry dated 5/11/2018. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Terry, Joseph)
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [42] from the case record. The document was stricken from this case pursuant to [45] Memo Endorsement. (jwh)
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Legal Document 40 Filed: 5/10/2018, Entered: 5/10/2018 LetterCourt Filing
LETTER addressed to Judge George B. Daniels from Arun Subramanian dated May 10, 2018 re: Proposed Schedule for Motions to Dismiss. Document filed by Joel Rich, Mary Rich.(Subramanian, Arun)
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Legal Document 39 Filed: 5/8/2018, Entered: 5/8/2018 Order on Motion for Oral ArgumentCourt Filing
ORDER granting [38] Letter Motion for Oral Argument. The conference scheduled for May 9, 2018 at 9:30 am is adjourned. Oral argument will held on Defendant's motion to dismiss the complaint on June 20, 2018 at 10:30 am. SO ORDERED. (Signed by Judge George B. Daniels on 5/8/2018) (ne)
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Blank  Filed: None, Entered: None set/reset hearings
Set/Reset Hearings: Oral Argument set for 6/20/2018 at 10:30 AM before Judge George B. Daniels. (ne)
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Legal Document 38 Filed: 5/7/2018, Entered: 5/7/2018, Terminated: 5/8/2018 Motion for Oral ArgumentCourt Filing
LETTER MOTION for Oral Argument addressed to Judge George B. Daniels from Kevin T. Baine dated May 7, 2018. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity).(Baine, Kevin)
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Legal Document 37 Filed: 5/7/2018, Entered: 5/7/2018 Declaration in Support of Motion
DECLARATION of Joseph M. Terry in Support re: [35] FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).. Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11)(Baine, Kevin)
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Legal Document 36 Filed: 5/7/2018, Entered: 5/7/2018 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [35] FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). . Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Baine, Kevin)
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Legal Document 35 Filed: 5/7/2018, Entered: 5/7/2018, Terminated: 8/2/2018 Motion to Dismiss
FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6). Document filed by Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity).(Baine, Kevin)
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Legal Document 34 Filed: 5/2/2018, Entered: 5/2/2018 Rule 26(f) Discovery Plan Report
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Joel Rich, Mary Rich.(Subramanian, Arun)
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Legal Document 33 Filed: 4/18/2018, Entered: 4/18/2018 Notice of Appearance
NOTICE OF APPEARANCE by Katherine Maeve Wyman on behalf of Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Wyman, Katherine)
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Legal Document 32 Filed: 4/18/2018, Entered: 4/18/2018 Order on Motion to appear pro hac viceCourt Filing
ORDER FOR ADMISSION OF DAVID H. STERN PRO HAC VICE granting [31] Motion for David H. Stern to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 4/18/2018) (mro)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [31] MOTION for David H. Stern to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14953833. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Legal Document 31 Filed: 4/17/2018, Entered: 4/17/2018, Terminated: 4/18/2018 Motion to Appear Pro Hac Vice
MOTION for David H. Stern to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14953833. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). (Attachments: # (1) Affidavit of David H. Stern, # (2) Exhibit A - California Certificate of Good Standing, # (3) Exhibit B - District of Columbia Certificate of Good Standing, # (4) Text of Proposed Order)(Stern, David)
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Legal Document 30 Filed: 4/17/2018, Entered: 4/17/2018 Notice of Appearance
NOTICE OF APPEARANCE by David Butler Harrison on behalf of Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity). (Harrison, David)
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Legal Document (Payment Possibly Required) 29 Filed: 4/17/2018, Entered: 4/17/2018 Order on Motion to appear pro hac viceCourt Filing
ORDER granting [28] Motion for Katherine A. Petti to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 4/17/2018) (jwh)
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Legal Document 28 Filed: 4/16/2018, Entered: 4/16/2018, Terminated: 4/17/2018 Motion to Appear Pro Hac Vice
MOTION for Katherine A. Petti to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14944306. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC. (Attachments: # (1) Affidavit, # (2) Exhibit GA certificate of good standing, # (3) Exhibit DC certificate of good standing, # (4) Text of Proposed Order)(Petti, Katherine)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [28] MOTION for Katherine A. Petti to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14944306. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Legal Document 27 Filed: 4/6/2018, Entered: 4/6/2018 Order on Motion to appear pro hac viceCourt Filing
ORDER: granting [25] Motion for Joseph M. Terry to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 4/6/2018) (ap)
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Legal Document 26 Filed: 4/6/2018, Entered: 4/6/2018 Notice of change of address
NOTICE OF CHANGE OF ADDRESS by Joseph M. Terry on behalf of Fox News Network LLC. New Address: Williams & Connolly LLP, 650 5th Avenue, Suite 1500, New York, New York, USA 10019, 202-434-5320. (Terry, Joseph)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [25] MOTION for Joseph M. Terry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14906090. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Legal Document 25 Filed: 4/5/2018, Entered: 4/5/2018, Terminated: 4/6/2018 Motion to Appear Pro Hac Vice
MOTION for Joseph M. Terry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14906090. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC. (Attachments: # (1) Affidavit, # (2) Exhibit Certificate of Good Service, # (3) Text of Proposed Order)(Terry, Joseph)
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Legal Document (Payment Possibly Required) 24 Filed: 4/3/2018, Entered: 4/3/2018 Notice of Appearance
NOTICE OF APPEARANCE by Kevin Taylor Baine on behalf of Fox News Network LLC. (Baine, Kevin)
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Legal Document 23 Filed: 3/31/2018, Entered: 3/31/2018 Notice of Appearance
NOTICE OF APPEARANCE by Dane Hal Butswinkas on behalf of Fox News Network LLC. (Butswinkas, Dane)
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Legal Document 22 Filed: 3/27/2018, Entered: 3/27/2018 waiver of service executed
WAIVER OF SERVICE RETURNED EXECUTED. Malia Zimmerman(in her individual capacity) waiver sent on 3/14/2018, answer due 5/14/2018. Document filed by Joel Rich; Mary Rich. (Park, Yoonhee)
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Legal Document 21 Filed: 3/27/2018, Entered: 3/27/2018 waiver of service executed
WAIVER OF SERVICE RETURNED EXECUTED. Ed Butowsky(in his individual capacity) waiver sent on 3/14/2018, answer due 5/14/2018. Document filed by Joel Rich; Mary Rich. (Park, Yoonhee)
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Legal Document 20 Filed: 3/26/2018, Entered: 3/26/2018 waiver of service executed
WAIVER OF SERVICE RETURNED EXECUTED. Ed Butowsky(in his professional capacities) waiver sent on 3/14/2018, answer due 5/14/2018. Document filed by Joel Rich; Mary Rich. (Kay-Oliphant, Eli)
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Legal Document 19 Filed: 3/26/2018, Entered: 3/26/2018 waiver of service executed
WAIVER OF SERVICE RETURNED EXECUTED. Malia Zimmerman(in her professional capacities) waiver sent on 3/14/2018, answer due 5/14/2018. Document filed by Joel Rich; Mary Rich. (Kay-Oliphant, Eli)
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Legal Document 18 Filed: 3/26/2018, Entered: 3/26/2018 waiver of service executed
WAIVER OF SERVICE RETURNED EXECUTED. Fox News Network LLC waiver sent on 3/14/2018, answer due 5/14/2018. Document filed by Joel Rich; Mary Rich. (Kay-Oliphant, Eli)
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Legal Document 17 Filed: 3/20/2018, Entered: 3/20/2018 Order on Motion to appear pro hac viceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting [16] Motion for Leonard A. Gail to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 3/20/2018) (jwh)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [16] MOTION for Leonard A. Gail to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14824691. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Legal Document 16 Filed: 3/16/2018, Entered: 3/16/2018, Terminated: 3/20/2018 Motion to Appear Pro Hac Vice
MOTION for Leonard A. Gail to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14824691. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joel Rich, Mary Rich. (Attachments: # (1) Exhibit A - Certificate of Good Standing, # (2) Exhibit B - Declaration of Leonard A. Gail, # (3) Text of Proposed Order)(Gail, Leonard)
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Legal Document 15 Filed: 3/15/2018, Entered: 3/15/2018 Order for Initial Pretrial ConferenceCourt Filing
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/9/2018 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 3/15/2018) (jwh)
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Legal Document 14 Filed: 3/15/2018, Entered: 3/15/2018 Notice of Appearance
NOTICE OF APPEARANCE by Suyash Agrawal on behalf of Joel Rich, Mary Rich. (Agrawal, Suyash)
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Legal Document 13 Filed: 3/15/2018, Entered: 3/15/2018 Summons issued
ELECTRONIC SUMMONS ISSUED as to Malia Zimmerman. (pne)
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Legal Document 12 Filed: 3/15/2018, Entered: 3/15/2018 Summons issued
ELECTRONIC SUMMONS ISSUED as to Fox News Network LLC. (pne)
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Legal Document 11 Filed: 3/15/2018, Entered: 3/15/2018 Summons issued
ELECTRONIC SUMMONS ISSUED as to Ed Butowsky. (pne)
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Blank  Filed: None, Entered: None Case Designation
Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (bcu)
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Blank  Filed: None, Entered: None Notice of Case Assignment/Reassignment
NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case. (bcu)
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Blank  Filed: None, Entered: None Case Accepted as Related
CASE ACCEPTED AS RELATED. Create association to 1:17-cv-05807-GBD. Notice of Assignment to follow. (bcu)
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Legal Document 10 Filed: 3/14/2018, Entered: 3/14/2018 Notice of Appearance
NOTICE OF APPEARANCE by Yoonhee Gloria Park on behalf of Joel Rich, Mary Rich. (Park, Yoonhee)
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Legal Document 9 Filed: 3/14/2018, Entered: 3/14/2018 Notice of Appearance
NOTICE OF APPEARANCE by Elisha Brandis Barron on behalf of Joel Rich, Mary Rich. (Barron, Elisha)
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Legal Document 8 Filed: 3/14/2018, Entered: 3/14/2018 Notice of Appearance
NOTICE OF APPEARANCE by Arun Srinivas Subramanian on behalf of Joel Rich, Mary Rich. (Subramanian, Arun)
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Legal Document 7 Filed: 3/14/2018, Entered: 3/14/2018 Complaint
COMPLAINT against Ed Butowsky(in his professional capacities), Ed Butowsky(in his individual capacity), Fox News Network LLC, Malia Zimmerman(in her professional capacities), Malia Zimmerman(in her individual capacity). Document filed by Joel Rich, Mary Rich.(Kay-Oliphant, Eli)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Party Modification
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eli Johnson Kay-Oliphant. The party information for the following party/parties has been modified: Ed Butowsky, Malia Zimmerman. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (pc)
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Blank  Filed: None, Entered: None Add Party for Pleading
ADD PARTY FOR PLEADING. Defendants/Respondents Ed Butowsky, Fox News Network LLC, Malia Zimmerman, Malia Zimmerman, Ed Butowsky added. Party added pursuant to [1] Complaint,.Document filed by Joel Rich, Mary Rich. Related document: [1] Complaint,.(Kay-Oliphant, Eli)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Case Opening Statistical Error Correction
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eli Johnson Kay-Oliphant. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction has been made to your case entry: the County code has been modified to XX Out of State. (pne)
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Blank  Filed: None, Entered: None Case Referred as Possibly Related/Similar
CASE REFERRED TO Judge George B. Daniels as possibly related to 17-CV-5807. (pne)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (pne)
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Blank  Filed: None, Entered: None Case Opening Initial Assignment Notice
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Pleading
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eli Johnson Kay-Oliphant to RE-FILE re: Document No. [1] Complaint,. The filing is deficient for the following reasons: all of the parties listed on the pleading were not entered on CM ECF; Malia Zimmerman, and Ed Butowsky must each be added a second time with party text "in her/his professional capacities"; all parties whom the pleading is against were not entered. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
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Legal Document (Payment Possibly Required) 6 Filed: 3/13/2018, Entered: 3/13/2018 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Ed Butowsky, re: [1] Complaint. Document filed by Joel Rich, Mary Rich. (Kay-Oliphant, Eli)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 5 Filed: 3/13/2018, Entered: 3/13/2018 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Malia Zimmerman, re: [1] Complaint. Document filed by Joel Rich, Mary Rich. (Kay-Oliphant, Eli)
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Legal Document (Payment Possibly Required) 4 Filed: 3/13/2018, Entered: 3/13/2018 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Fox News Network, LLC, re: [1] Complaint. Document filed by Joel Rich, Mary Rich. (Kay-Oliphant, Eli)
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Legal Document (Payment Possibly Required) 3 Filed: 3/13/2018, Entered: 3/13/2018 Statement of Relatedness
RELATED CASE AFFIRMATION of Eli J. Kay-Oliphant re: that this action be filed as related to 17-cv-05807-GBD. Document filed by Joel Rich, Mary Rich.(Kay-Oliphant, Eli)
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Legal Document (Payment Possibly Required) 2 Filed: 3/13/2018, Entered: 3/13/2018 Civil Cover Sheet
CIVIL COVER SHEET filed. (Kay-Oliphant, Eli)
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Legal Document 1 Filed: 3/13/2018, Entered: 3/13/2018 Complaint
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Ed Butowsky, Fox News Network LLC, Malia Zimmerman. (Filing Fee $ 400.00, Receipt Number 0208-14808048)Document filed by Joel Rich, Mary Rich.(Kay-Oliphant, Eli) Modified on 3/14/2018 (pne).
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