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 40 |
Filed: 9/24/2020, Entered: None |
Judgment - Clerk |
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 Request |
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 39 |
Filed: 9/24/2020, Entered: 9/24/2020 |
Memorandum and Opinion |
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OPINION AND ORDER GRANTING MOTION TO DISMISS re: [28] MOTION to Dismiss the Amended Complaint (DE-27) filed by Fox News Network, LLC. Plaintiff Karen McDougal claims to have been defamed by accusations of "extortion" leveled at her by Tucker Carlson on Defendant Fox News Network's broadcast. However, as described herein, Ms. McDougal has not offered a plausible interpretation that the statements Mr. Carlson made, when read in context, are statements of fact. The Court concludes that the statements are rhetorical hyperbole and opinion commentary intended to frame a political debate, and, as such, are not actionable as defamation. In addition, as a public figure, Ms. McDougal must raise a plausible inference of actual malice to sustain her defamation claim. She has failed to do so. The Amended Complaint offers only conclusory allegations about Mr. Carlson's alleged biases and otherwise pursues theories that are pre-empted by long-standing precedent. For these reasons, Defendant Fox News's Motion to Dismiss the Amended Complaint [ECF #28] is GRANTED. The Clerk of Court respectfully is requested to close the case. (Signed by Judge Mary Kay Vyskocil on 9/23/2020) (mro) Transmission to Orders and Judgments Clerk for processing.
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| 38 |
Filed: 6/25/2020, Entered: 6/25/2020 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/17/2020 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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Request |
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| 37 |
Filed: 6/25/2020, Entered: 6/25/2020 |
transcript |
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TRANSCRIPT of Proceedings re: ARGUMENT held on 6/17/2020 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Michael McDaniel, (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 7/16/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/23/2020..(McGuirk, Kelly)
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Request |
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| 36 |
Filed: 6/18/2020, Entered: 6/18/2020 |
Notice - Other |
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NOTICE of Transcript of oral argument before Judge Mary Kay Vyskocil on 06/17/2020 re: [35] Order,. Document filed by Fox News Network, LLC..(Blacklock, Evelyn)
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Request |
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Filed: None, Entered: None |
Telephone Conference |
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Telephone Conference held on 6/17/2020. Court Reporter Mike Mc Daniel present. (kgo)
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| 35 |
Filed: 6/16/2020, Entered: 6/16/2020 |
Order |
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ORDER. The Oral Argument on Defendant's Motion to Dismiss the Amended Complaint will be held telephonically on June 17, 2020 at 2:00PM. The argument is open to the public. To participate in the conference, dial 888-278-0296 and enter access code 5195844. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab)
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| 34 |
Filed: 5/6/2020, Entered: 5/6/2020 |
Order on Motion for Oral Argument |
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SCHEDULING ORDER granting [32] Letter Motion for Oral Argument. Defendant has requested [ECF #32] oral argument on its Motion to Dismiss the Amended Complaint [ECF #28]. Defendant's motion is GRANTED. Oral Argument will be held on June 17, 2020 at 2:00PM in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. In the event the argument must be conducted remotely due to the ongoing COVID-19 crisis, the Court will provide a telephone number to call. The Clerk is directed to close the Motion at ECF #32. (Signed by Judge Mary Kay Vyskocil on 5/6/2020) (rro)
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Request |
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| 33 |
Filed: 5/6/2020, Entered: 5/6/2020 |
Order on Motion to Dismiss |
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ORDER denying as moot [17] Motion to Dismiss. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (ab)
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Filed: None, Entered: None |
set/reset hearings |
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Set/Reset Hearings: Oral Argument set for 6/17/2020 at 02:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (rro)
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| 32 |
Filed: 3/5/2020, Entered: 3/5/2020, Terminated: 5/6/2020 |
Motion for Oral Argument |
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LETTER MOTION for Oral Argument on Defendant Fox Network's Motion to Dismiss Plaintiff's Amended Complaint (Dkt. No. 28) addressed to Judge Mary Kay Vyskocil from Erin E. Murphy dated March 5, 2020. Document filed by Fox News Network, LLC..(Murphy, Erin)
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Request |
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| 31 |
Filed: 3/3/2020, Entered: 3/3/2020 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [28] MOTION to Dismiss the Amended Complaint (DE-27). . Document filed by Fox News Network, LLC..(Regan, Shawn)
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Request |
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| 30 |
Filed: 2/25/2020, Entered: 2/25/2020 |
Memorandum of Law in Opposition to Motion |
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FIRST MEMORANDUM OF LAW in Opposition re: [28] MOTION to Dismiss the Amended Complaint (DE-27). . Document filed by Karen McDougal..(Bernstein, Eric)
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Request |
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| 29 |
Filed: 2/14/2020, Entered: 2/14/2020 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: [28] MOTION to Dismiss the Amended Complaint (DE-27). . Document filed by Fox News Network, LLC..(Regan, Shawn)
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Request |
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| 28 |
Filed: 2/14/2020, Entered: 2/14/2020, Terminated: 9/24/2020 |
Motion to Dismiss |
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MOTION to Dismiss the Amended Complaint (DE-27). Document filed by Fox News Network, LLC..(Regan, Shawn)
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Request |
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Filed: None, Entered: None |
Notice of Case Assignment/Reassignment |
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NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Jesse M. Furman is no longer assigned to the case. (laq)
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| 27 |
Filed: 1/28/2020, Entered: 1/28/2020 |
Amended Complaint |
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FIRST AMENDED COMPLAINT against Fox News Network, LLC with JURY DEMAND.Document filed by Karen McDougal.(Bernstein, Eric)
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Request |
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| 26 |
Filed: 1/21/2020, Entered: 1/21/2020 |
Order on Motion to appear pro hac vice |
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ORDER granting [24] Motion for Evelyn Blacklock to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| 25 |
Filed: 1/21/2020, Entered: 1/21/2020 |
Order on Motion to appear pro hac vice |
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ORDER granting [23] Motion for Andrew C. Lawrence to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| 24 |
Filed: 1/16/2020, Entered: 1/16/2020, Terminated: 1/21/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Evelyn Blacklock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18522233. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network, LLC. (Attachments: # (1) Affidavit of Evelyn Blacklock, # (2) Certificate of Good Standing - NY, # (3) Proposed Order)(Blacklock, Evelyn)
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Request |
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| 23 |
Filed: 1/16/2020, Entered: 1/16/2020, Terminated: 1/21/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Andrew C. Lawrence to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18521998. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network, LLC. (Attachments: # (1) Affidavit of Andrew C. Lawrence, # (2) Certificate of Good Standing - MD, # (3) Certificate of Good Standing - DC, # (4) Proposed Order)(Lawrence, Andrew)
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Request |
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [24] MOTION for Evelyn Blacklock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18522233. Motion and supporting papers to be reviewed by Clerk's Office staff., [23] MOTION for Andrew C. Lawrence to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18521998. 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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| 22 |
Filed: 1/14/2020, Entered: 1/14/2020 |
Order |
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ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by February 3, 2020. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendant files a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by February 3, 2020. Defendants reply, if any, shall be filed by February 10, 2020. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for February 11, 2020 is adjourned sine die. SO ORDERED. (Amended Pleadings due by 2/3/2020, Responses due by 2/3/2020, Replies due by 2/10/2020.) (Signed by Judge Jesse M. Furman on 1/14/2020) (jca)
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Request |
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| 21 |
Filed: 1/13/2020, Entered: 1/13/2020 |
Order on Motion to appear pro hac vice |
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ORDER granting [16] Motion for Kathleen Ann Brogan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| 20 |
Filed: 1/13/2020, Entered: 1/13/2020 |
Order on Motion to appear pro hac vice |
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ORDER granting [15] Motion for Kenneth Winn Allen to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| 19 |
Filed: 1/13/2020, Entered: 1/13/2020 |
Order on Motion to appear pro hac vice |
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ORDER granting [14] Motion for Erin Elizabeth Murphy to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| 18 |
Filed: 1/13/2020, Entered: 1/13/2020 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: [17] MOTION to Dismiss Notice of Defendant's Motion to Dismiss. . Document filed by Fox News Network, LLC. (Regan, Shawn)
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Request |
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| 17 |
Filed: 1/13/2020, Entered: 1/13/2020, Terminated: 5/6/2020 |
Motion to Dismiss |
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MOTION to Dismiss Notice of Defendant's Motion to Dismiss. Document filed by Fox News Network, LLC.(Regan, Shawn)
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Request |
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| 16 |
Filed: 1/13/2020, Entered: 1/13/2020, Terminated: 1/13/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Kathleen Ann Brogan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18487765. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network, LLC. (Attachments: # (1) Affidavit of Kathleen A. Brogan, # (2) Certificate of Good Standing - MD, # (3) Certificate of Good Standing - DC, # (4) Proposed Order)(Brogan, Kathleen)
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Request |
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| 15 |
Filed: 1/13/2020, Entered: 1/13/2020, Terminated: 1/13/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Kenneth Winn Allen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18487686. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network, LLC. (Attachments: # (1) Affidavit of K. Winn Allen, # (2) Certificate of Good Standing - GA, # (3) Certificate of Good Standing - DC, # (4) Proposed Order)(Allen, Kenneth)
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Request |
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| 14 |
Filed: 1/13/2020, Entered: 1/13/2020, Terminated: 1/13/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Erin Elizabeth Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18487593. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network, LLC. (Attachments: # (1) Affidavit of Erin E. Murphy, # (2) Certificate of Good Standing - VA, # (3) Certificate of Good Standing - DC, # (4) Proposed Order)(Murphy, Erin)
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Request |
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [16] MOTION for Kathleen Ann Brogan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18487765. 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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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [15] MOTION for Kenneth Winn Allen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18487686. 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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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [14] MOTION for Erin Elizabeth Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18487593. 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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| 13 |
Filed: 12/19/2019, Entered: 12/19/2019 |
Letter |
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LETTER addressed to Judge Jesse M. Furman from Shawn Patrick Regan dated December 19, 2019 re: briefly explaining the differences between the Amended Notice of Removal (ECF No.12) and the original Notice of Removal (ECF No.1).. Document filed by Fox News Network, LLC.(Regan, Shawn)
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Request |
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| 12 |
Filed: 12/19/2019, Entered: 12/19/2019 |
Amended Notice of Removal |
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AMENDED NOTICE OF REMOVAL against Karen McDougal; amending [1] Notice of Removal,.Document filed by Fox News Network, LLC. Related document: [1] Notice of Removal,. (Attachments: # (1) Exhibit 1 - State Court Summons and Verified Complaint)(Regan, Shawn)
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Request |
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| 11 |
Filed: 12/17/2019, Entered: 12/17/2019 |
Certificate of Service Other |
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CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference [Dkt. No. 6] served on Karen McDougal on December 17, 2019. Service was made by Federal Express overnight delivery. Document filed by Fox News Network, LLC. (Regan, Shawn)
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Request |
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| 10 |
Filed: 12/10/2019, Entered: 12/10/2019 |
Order on Motion to appear pro hac vice |
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ORDER granting [8] Motion for David Mitchell Parker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| 9 |
Filed: 12/10/2019, Entered: 12/10/2019 |
Order on Motion to appear pro hac vice |
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ORDER granting [7] Motion for Elbert Lin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| 8 |
Filed: 12/10/2019, Entered: 12/10/2019, Terminated: 12/10/2019 |
Motion to Appear Pro Hac Vice |
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MOTION for David Mitchell Parker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18252065. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network, LLC. (Attachments: # (1) Affidavit of David Park in support of Motion for Admission Pro Hac Vice, # (2) Certificate of Good Standing - Supreme Court of Virginia, # (3) Certificate of Good Standing-Court of Appeals, District of Columbia, # (4) Text of Proposed Order)(Parker, David)
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Request |
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| 7 |
Filed: 12/10/2019, Entered: 12/10/2019, Terminated: 12/10/2019 |
Motion to Appear Pro Hac Vice |
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MOTION for Elbert Lin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18251848. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network, LLC. (Attachments: # (1) Affidavit of Elbert Lin in Support of Motion for Admission pro hac vice, # (2) Certificate of Good Standing- Supreme Court of Virginia, # (3) Certificate of Good Standing-Supreme Court-Court of Appeals, District of Columbia, # (4) Certificate of Good Standing-Supreme Court of Massachusetts, # (5) Certificate of Good Standing-Supreme Court of West Virginia, # (6) Text of Proposed Order)(Lin, Elbert)
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Request |
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [8] MOTION for David Mitchell Parker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18252065. 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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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [7] MOTION for Elbert Lin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18251848. 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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| 6 |
Filed: 12/6/2019, Entered: 12/6/2019 |
Order for Initial Pretrial Conference |
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NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/11/2020 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/6/2019) (va)
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Request |
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| 5 |
Filed: 12/6/2019, Entered: 12/6/2019 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Eric Ross Bernstein on behalf of Karen McDougal. (Bernstein, Eric)
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Request |
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| 4 |
Filed: 12/6/2019, Entered: 12/6/2019 |
Certificate of Service Other |
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CERTIFICATE OF SERVICE of Notice of Removal, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement served on Karen McDougal on December 5, 2019. Service was made by Mail and email. Document filed by Fox News Network, LLC. (Regan, Shawn)
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Request |
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Filed: None, Entered: None |
Case Designated ECF. |
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Case Designated ECF. (pc)
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Filed: None, Entered: None |
Case Designation |
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Magistrate Judge Robert W. Lehrburger 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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Filed: None, Entered: None |
Case Opening Initial Assignment Notice |
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions. (pc)
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| 3 |
Filed: 12/5/2019, Entered: 12/5/2019 |
Rule 7.1 Corporate Disclosure Statement |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fox Corporation, Other Affiliate Fox Television Stations, LLC, Other Affiliate Fox Television Holdings, LLC, Other Affiliate Foxcorp Holdings LLC for Fox News Network, LLC. Document filed by Fox News Network, LLC.(Regan, Shawn)
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| Save 25% on a pre-paid one year subscription. |
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| 2 |
Filed: 12/5/2019, Entered: 12/5/2019 |
Civil Cover Sheet |
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CIVIL COVER SHEET filed. (Regan, Shawn)
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Request |
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| 1 |
Filed: 12/5/2019, Entered: 12/5/2019 |
Notice of Removal |
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NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 161741/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-18221601).Document filed by Fox News Network, LLC. (Attachments: # (1) Exhibit 1 - State Court Summons and Verified Complaint)(Regan, Shawn)
- Attachment 1 Exhibit 1 - State Court Summons and Verified Complaint
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Request |
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