VIOLA v. BENTON et al

Federal Civil Lawsuit Massachusetts District Court, Case No. 1:21-cv-10426-LTS
Magistrate Judge Leo T. Sorokin, presiding
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Magistrate Judge Leo T. Sorokin
Last Updated March 27, 2023 at 12:06 AM EDT (1.8 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo FRANCESCA VIOLA, Plaintiff

Represented by Minc Law

Name Phone Fax E-Mail
Space Dorrian H. Horsey +1 216 373 7706 dhorsey@minclaw.com
Space Aaron M Minc +1 440 446 1100 +1 440 446 1240 aminc@meyersroman.com

Represented by Randazza Legal Group PLLC

Name Phone Fax E-Mail
Space Marc John Randazza +1 888 667 1113 +1 305 437 7662 MJR@randazza.com
Space Jay Marshall Wolman +1 702 420 2001 +1 305 437 7662 jmw@randazza.com
v.
No Logo JOSHUA BENTON, Defendant

Represented by Montgomery McCracken Walker & Rhoads, LLP

Name Phone Fax E-Mail
Space KENDRA LEE BAISINGER +1 215 772 7285 kbaisinger@mmwr.com
Space KENDRA LEE BAISINGER +1 215 772 7285 kbaisinger@mmwr.com
Space JEREMY D. MISHKIN + 215 772 7620 jmishkin@mmwr.com
Space JEREMY D. MISHKIN + 215 772 7620 jmishkin@mmwr.com
Space Timothy J. Pastore +1 212 867 6707 +1 212 599 5085 tpastore@mmwr.com
President and Fellows of Harvard College President and Fellows of Harvard College, Defendant
Officially listed as "PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION)"
Officer/Director, Korea Fund Inc
Officer/Director, Brazilian Equity Fund Inc
Officer/Director, Korea Equity Fund Inc

Represented by Morgan, Lewis & Bockius, LLP

Name Phone Fax E-Mail
Space Jonathan M. Albano +1 617 951 8360 +1 617 951 8376 jonathan.albano@morganlewis.com
Space LILY GREER BECKER +1 215 963 5055 lily.becker@morganlewis.com
Space John P. Lavelle - NOT SWORN, Jr. +1 215 963 5000 +1 215 963 5001 jlavelle@morganlewis.com
Attributes
Office Boston
Filed 3/11/2021
Jury Demand Plaintiff
Demand
Nature of Suit 320 - Personal Injury: Assault Libel & Slander
Cause Section 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander
Jurisdiction Diversity
Disposition
County XX US, Outside State
Terminated
Origin 5
Reopened
Lead Case
None
Related Case
None
Other Court Case 2:20-cv-01439[Pennsylvania Eastern]
Defendant Custody Status
Timeline
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Legal Document (Payment Possibly Required) 124 Filed: 3/6/2023, Entered: 3/6/2023 Stipulation of Dismissal
STIPULATION of Dismissal With Prejudice by FRANCESCA VIOLA. (Minc, Aaron)
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Blank 123 Filed: 12/22/2022, Entered: 12/22/2022 Order on motion for extension of timeCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re [122] Assented to MOTION for Extension of Time to March 10, 2023 to Complete Expert Discovery and for Rule 35(a) Exam. ALLOWED. (Dore, Samantha)
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Legal Document (Payment Possibly Required) 122 Filed: 12/21/2022, Entered: 12/21/2022, Terminated: 12/22/2022 Motion for Extension of Time
Assented to MOTION for Extension of Time to March 10, 2023 to Complete Expert Discovery and for Rule 35(a) Exam by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(Albano, Jonathan)
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Blank 121 Filed: 11/4/2022, Entered: 11/4/2022 Order on motion for extension of timeCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re[120] Joint MOTION for Extension of Time to 11/18/2022 to Finish Fact Depositions and for one week extension of expert reports by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). ALLOWED. (Belmont, Kellyann)
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Legal Document (Payment Possibly Required) 120 Filed: 11/3/2022, Entered: 11/3/2022, Terminated: 11/4/2022 Motion for Extension of Time
Joint MOTION for Extension of Time to 11/18/2022 to Finish Fact Depositions and for one week extension of expert reports by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(Albano, Jonathan)
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Blank 119 Filed: 9/28/2022, Entered: 9/28/2022 Set/Reset Scheduling Order Deadlines
Reset Scheduling Order Deadlines: Discovery to be completed by 11/11/2022 and Motions due by 3/15/2023 (Dore, Samantha)
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Blank 118 Filed: 9/28/2022, Entered: 9/28/2022 Order on Motion for ModificationCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re [117] Joint MOTION to Modify Scheduling Order to Extend Discovery Deadline for Certain Depositions. ALLOWED. (Dore, Samantha)
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Legal Document 117 Filed: 9/27/2022, Entered: 9/27/2022, Terminated: 9/28/2022 Motion to modify
Joint MOTION to Modify Scheduling Order to Extend Discovery Deadline for Certain Depositions by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). (Attachments: # (1) Exhibit A - Cutshaw Affidavit)(Buttaro, Andrew)
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Blank 116 Filed: 7/25/2022, Entered: 7/25/2022 Order on Motion for ModificationCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re [115] Joint MOTION to Modify Scheduling Order to Extend Discovery Deadline for Certain Depositions. ALLOWED. (Dore, Samantha)
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Legal Document (Payment Possibly Required) 115 Filed: 7/22/2022, Entered: 7/22/2022, Terminated: 7/25/2022 Motion to modify
Joint MOTION to Modify Scheduling Order to Extend Discovery Deadline for Certain Depositions by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(Buttaro, Andrew)
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Legal Document (Payment Possibly Required) 114 Filed: 7/21/2022, Entered: 7/21/2022 Notice of Appearance
NOTICE of Appearance by Daniel A. Powell on behalf of FRANCESCA VIOLA (Powell, Daniel)
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Blank 113 Filed: 7/20/2022, Entered: 7/20/2022 Order on Motion for Leave to AppearCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting [112] Motion for Leave to Appear Pro Hac Vice Added Daniel A. Powell. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Dore, Samantha)
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Legal Document (Payment Possibly Required) 112 Filed: 7/20/2022, Entered: 7/20/2022, Terminated: 7/20/2022 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice for admission of DANIEL A. POWELL Filing fee: $ 100, receipt number AMADC-9419628 by FRANCESCA VIOLA. (Attachments: # (1) Affidavit of Daniel A. Powell, # (2) Text of Proposed Order Granting Motion for Admission Pro Hac Vice)(Wolman, Jay)
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Legal Document (Payment Possibly Required) 111 Filed: 7/6/2022, Entered: 7/6/2022 protective orderCourt Filing
District Judge Leo T. Sorokin: ENDORSED ORDER entered. PROTECTIVE ORDER (Dore, Samantha)
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Blank 110 Filed: 7/6/2022, Entered: 7/6/2022 Order on Motion for protective orderCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re [109] Joint MOTION for Protective Order. ALLOWED. (Dore, Samantha)
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Legal Document 109 Filed: 7/6/2022, Entered: 7/6/2022, Terminated: 7/6/2022 Motion for Protective Order
Joint MOTION for Protective Order by FRANCESCA VIOLA. (Attachments: # (1) Text of Proposed Order Proposed Order)(Horsey, Dorrian)
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Blank 108 Filed: 5/19/2022, Entered: 5/19/2022 Order on motion to compelCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re [103] MOTION to Compel Forensic Imaging of Plaintiff's Computer. The Motion to Compel, Doc. No. 103, is ALLOWED. A forensic image of a computer is no longer an extraordinary discovery mechanism. Here, the financial costs and effort required are more than justified or are proportionate to the needs of the case given the nature and significance to both sides of the pending claims. The method proposed by Defendants for the imaging process is a fair and proper method that involves no violation of the privacy rights of Plaintiff. Under the proposal, Defendants receive only responsive documents and Plaintiff, as is true with all discovery requests of Plaintiff, determines responsiveness in light of the governing rules and the applicable discovery requests. The imaging and subsequent search is reasonably calculated to produce responsive and relevant documents or information not otherwise available. Even if the caselaw cited governing when an imaging is appropriate applies, for the same reasons already articulated, Defendants have satisfied that test. The Court does impose one additional condition warranted under the circumstances though not requested by either party: absent further Order of the Court, thirty days after the conclusion of all discovery (fact and expert) in this case, the impartial vendor selected by the parties shall, at the option of the Plaintiff exercised in writing with a copy to the Defendants, either destroy or return to the Plaintiff’s counsel the mirror image(s) and all documents extracted from the mirror image in the possession, custody, or control of the vendor. In the absence of an election by the Plaintiff, the vendor shall destroy the image(s) and documents thirty days after the close of all discovery. (Dore, Samantha)
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Legal Document (Payment Possibly Required) 107 Filed: 5/17/2022, Entered: 5/17/2022 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition re [103] MOTION to Compel Forensic Imaging of Plaintiff's Computer filed by FRANCESCA VIOLA. (Stebbins, Andrew)
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Blank 106 Filed: 5/11/2022, Entered: 5/11/2022 Order on Motion for ModificationCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re[105] Joint MOTION to Modify February 18, 2022 Scheduling Order to Extend the Period for Fact Witness Depositions by PRESIDENT AND FELLOWS OF HARVARD COLLEGE HARVARD CORPORATION. ALLOWED. (Belmont, Kellyann)
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Legal Document (Payment Possibly Required) 105 Filed: 5/10/2022, Entered: 5/10/2022, Terminated: 5/11/2022 Motion to modify
Joint MOTION to Modify February 18, 2022 Scheduling Order to Extend the Period for Fact Witness Depositions by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(Buttaro, Andrew)
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Legal Document (Payment Possibly Required) 104 Filed: 5/3/2022, Entered: 5/3/2022 memorandum in support of motion
MEMORANDUM in Support re [103] MOTION to Compel Forensic Imaging of Plaintiff's Computer filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). (Buttaro, Andrew)
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Legal Document (Payment Possibly Required) 103 Filed: 5/3/2022, Entered: 5/3/2022, Terminated: 5/19/2022 Motion to Compel
MOTION to Compel Forensic Imaging of Plaintiff's Computer by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(Buttaro, Andrew)
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Blank 102 Filed: 4/15/2022, Entered: 4/20/2022 Notice of Filing of Official Transcript
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn)
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Legal Document (Payment Possibly Required) 101 Filed: 4/15/2022, Entered: 4/20/2022 transcriptCourt Filing
Transcript of Status Conference held on March 1, 2022, before Judge Leo T. Sorokin. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Rachel Lopez at raeufp@gmail.com. Redaction Request due 5/6/2022. Redacted Transcript Deadline set for 5/16/2022. Release of Transcript Restriction set for 7/14/2022. (Coppola, Katelyn)
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Blank 100 Filed: 3/1/2022, Entered: 3/1/2022 Status ConferenceCourt Filing
Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Status Conference held on 3/1/2022. Parties inform the Court of discovery issues relating to the forensic imaging of the plaintiff's computer. Court discusses possibility of using third party company to image the computer or complete search and extraction of data. Plaintiff's counsel then could review the results and anything determined not to be within the scope of discovery could be reviewed in camera by the Court. Parties will continue to work on discovery issues and notify the Court if a further hearing is necessary. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Andrew Stebbins and Jay Wolman for plaintiff and Kendra Baisinger, Andrew Buttaro, Jonathan Albano for defendants) (Belmont, Kellyann)
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Blank 99 Filed: 2/22/2022, Entered: 2/22/2022 Notice of hearingCourt Filing
ELECTRONIC NOTICE of Hearing. Status Conference set for 3/1/2022 10:30 AM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Belmont, Kellyann)
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Blank 98 Filed: 2/22/2022, Entered: 2/22/2022 Order on Motion for ModificationCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re [97] Joint MOTION to Modify August 17, 2021 Scheduling Order and Request Status Conference. ALLOWED. (Belmont, Kellyann)
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Legal Document 97 Filed: 2/18/2022, Entered: 2/18/2022, Terminated: 2/22/2022 Motion to modify
Joint MOTION to Modify August 17, 2021 Scheduling Order and Request Status Conference by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(Buttaro, Andrew)
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Legal Document 96 Filed: 2/18/2022, Entered: 2/18/2022 Answer to amended complaint
ANSWER to [92] Amended Complaint,, by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(Buttaro, Andrew)
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Legal Document 95 Filed: 2/18/2022, Entered: 2/18/2022 Answer to amended complaint
Defendant Benton's ANSWER to [92] Amended Complaint,, by JOSHUA BENTON.(Pastore, Timothy)
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Blank 94 Filed: 2/7/2022, Entered: 2/8/2022 Notice of Filing of Official Transcript
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn)
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Legal Document (Payment Possibly Required) 93 Filed: 2/7/2022, Entered: 2/8/2022 transcriptCourt Filing
Transcript of Status Conference held on January 5, 2022, before Judge Leo T. Sorokin. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Rachel Lopez at raeufp@gmail.com. Redaction Request due 2/28/2022. Redacted Transcript Deadline set for 3/10/2022. Release of Transcript Restriction set for 5/9/2022. (Coppola, Katelyn)
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Legal Document 92 Filed: 2/4/2022, Entered: 2/4/2022 Amended Complaint
AMENDED COMPLAINT against PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION), JOSHUA BENTON, filed by FRANCESCA VIOLA. (Attachments: # (1) Exhibit A - Benton Descriptions, # (2) Exhibit B - Harvards Social Media Policy, # (3) Exhibit C - Bentons Twitter Account description, # (4) Exhibit D - Disqus TOS, # (5) Exhibit E - Disqus Basic Rules - Powered Sites, # (6) Exhibit F - Roles of Moderators for Disqus, # (7) Exhibit G - Basic Rules for Disqus, # (8) Exhibit H - People are delusional Article, # (9) Exhibit I - Alexander Best Comment, # (10) Exhibit J - Truthseekers Comment, # (11) Exhibit K - Twitter Statements by Benton, # (12) Exhibit L - Benton Apology Tweets)(Stebbins, Andrew)
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Blank 91 Filed: 1/5/2022, Entered: 1/6/2022 Status ConferenceCourt Filing
Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Status Conference held on 1/5/2022. Counsel state the status of the case regarding the Discuss production. Progress on the posting has been made. The production showing the comment did come from Benton. Counsel is in discussions regarding dismissal of claims and filing a new amended complaint. The court sets the next status conference for 5/4/22 at 3:15PM via zoom. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.( Status Conference set for 5/4/2022 03:15 PM in Remote Proceeding : Boston before District Judge Leo T. Sorokin.). (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria)
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Blank 90 Filed: 12/8/2021, Entered: 12/10/2021 Notice of Filing of Official Transcript
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn)
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Legal Document (Payment Possibly Required) 89 Filed: 12/8/2021, Entered: 12/10/2021 transcriptCourt Filing
Transcript of Status Conference held on October 26, 2021, before Judge Leo T. Sorokin. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Rachel Lopez at raeufp@gmail.com. Redaction Request due 12/29/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/8/2022. (Coppola, Katelyn)
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Blank 88 Filed: 12/7/2021, Entered: 12/10/2021 Notice of Filing of Official Transcript
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn)
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Legal Document (Payment Possibly Required) 87 Filed: 12/7/2021, Entered: 12/10/2021 transcriptCourt Filing
Transcript of Scheduling Conference held on August 17, 2021, before Judge Leo T. Sorokin. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Rachel Lopez at raeufp@gmail.com. Redaction Request due 12/28/2021. Redacted Transcript Deadline set for 1/7/2022. Release of Transcript Restriction set for 3/7/2022. (Coppola, Katelyn)
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Legal Document 86 Filed: 12/1/2021, Entered: 12/1/2021 Order on Motion for Leave to FileCourt Filing
District Judge Leo T. Sorokin: ORDER ON MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT (DOC. NO. 74) The Motion for Leave to File the Third Amended Complaint (Doc. No. 74) is therefore DENIED. (Dore, Samantha)
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Blank 85 Filed: 10/26/2021, Entered: 10/26/2021 Status ConferenceCourt Filing
Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin. Status Conference held on 10/26/2021. Counsel update the court as to the discovery status regarding the post and report not much progress has taken place. Counsel states they will get the discovery requests out promptly. Counsel discuss the pending Motion to Amend the complaint to add a 3rd party beneficiary claim. The court states will resolve this motion however, discovery can proceed while the Motion to amend is still pending. The court sets the next status conference for 1/5/22 at 3:15PM in a Remote Proceeding. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.( Status Conference set for 1/5/2022 03:15 PM in Remote Proceeding : Boston before District Judge Leo T. Sorokin.). (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria)
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Legal Document 84 Filed: 10/14/2021, Entered: 10/14/2021 Opposition to Motion
Opposition re [74] MOTION for Leave to File Third Amended Complaint filed by JOSHUA BENTON, PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). (Attachments: # (1) Exhibit A - Albano Declaration, # (2) Exhibit 1 - Privacy Policy)(Buttaro, Andrew)
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Blank 83 Filed: 10/5/2021, Entered: 10/5/2021 Order on Motion for Extension of Time to File Response / ReplyCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re [82] Assented to MOTION for Extension of Time to 10/14/2021 to File Response/Reply to Plaintiff's Motion for Leave to File Third Amended Complaint by PRESIDENT AND FELLOWS OF HARVARD COLLEGE. ALLOWED. (Dore, Samantha)
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Legal Document (Payment Possibly Required) 82 Filed: 10/4/2021, Entered: 10/4/2021, Terminated: 10/5/2021 Motion for Extension of Time to File Response/Reply
Assented to MOTION for Extension of Time to 10/14/2021 to File Response/Reply to Plaintiff's Motion for Leave to File Third Amended Complaint by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(Buttaro, Andrew)
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Blank 79 Filed: 9/24/2021, Entered: 9/24/2021 Set/Reset Motion and R and R Deadlines/Hearings
Set Deadlines as to [74] MOTION for Leave to File Third Amended Complaint. Responses due by 10/7/2021 (Simeone, Maria)
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Blank 81 Filed: 9/23/2021, Entered: 9/27/2021 Notice of Filing of Official Transcript
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn)
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Legal Document (Payment Possibly Required) 80 Filed: 9/23/2021, Entered: 9/27/2021 transcriptCourt Filing
Transcript of Motion Hearing held on June 22, 2021, before Judge Leo T. Sorokin. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Rachel Lopez at raeufp@gmail.com. Redaction Request due 10/14/2021. Redacted Transcript Deadline set for 10/25/2021. Release of Transcript Restriction set for 12/22/2021. (Coppola, Katelyn)
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Blank 78 Filed: 9/23/2021, Entered: 9/23/2021 Order on Motion to dismiss for failure to state a claimCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re [77] MOTION to Stay PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO DISMISS PENDING THE COURTS RULING ON PLAINTIFFS MOTION TO AMEND THE COMPLAINT by FRANCESCA VIOLA. Presently pending is a Motion to Dismiss the Third Party Beneficiary claim alleged in the Second Amended Complaint. Doc. No. 70. Prior to opposing the Motion, Plaintiffs filed a Motion for Leave to File a Third Amended Complaint (#74) to "correct an error in drafting" and a Motion to Stay the response to the pending Motion to Dismiss pending resolution of the Motion to Amend (#77). In light of the preference for resolution of cases on the merits, Fed. R. Civ. P. 1, the Court will resolve whether the Third Party Beneficiary claim in the proposed Third Amended Complaint survives the challenge by Defendants. Accordingly, the pending Motion to Dismiss (#70) is DENIED AS MOOT. The Motion to Stay (#77) is DENIED AS MOOT. Defendants shall have fourteen days from the date of this Order either to file an opposition to the Moton for Leave challenging the Third Party Beneficiary claim advanced in that proposed complaint or stating they do not oppose it. Nothing in this ruling should be read to suggest the Court's view on the merits (or lack thereof) of the Third Party Beneficiary Claim. The Court understands that the only changes made in the proposed Third Amended Complaint from the pending Second Amended Complaint concern this claim. To that end, if requested, Plaintiffs shall provide a redlined copy to Defendants or otherwise plainly identify the changes. (Dore, Samantha)
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Legal Document 77 Filed: 9/22/2021, Entered: 9/22/2021, Terminated: 9/23/2021 Motion To Stay
MOTION to Stay PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO DISMISS PENDING THE COURTS RULING ON PLAINTIFFS MOTION TO AMEND THE COMPLAINT by FRANCESCA VIOLA.(Stebbins, Andrew) (Additional attachment(s) added on 9/22/2021: # (1) Text of Proposed Order) (McManus, Caetlin).
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Legal Document 76 Filed: 9/14/2021, Entered: 9/14/2021 memorandum in support of motion
MEMORANDUM in Support re [74] MOTION for Leave to File Third Amended Complaint filed by FRANCESCA VIOLA. (Attachments: # (1) Exhibit Plaintiff's Proposed Third Amended Complaint with Exhibits, # (2) Text of Proposed Order Proposed Order)(Minc, Aaron)
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Legal Document (Payment Possibly Required) 75 Filed: 9/14/2021, Entered: 9/14/2021, Terminated: 9/17/2021 Motion for Leave to File
MOTION for Leave to File Third Amended Complaint Memorandum in Support by FRANCESCA VIOLA. (Attachments: # (1) Exhibit Plaintiff's Proposed Third Amended Complaint with Exhibits, # (2) Text of Proposed Order Proposed Order)(Minc, Aaron)
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Legal Document (Payment Possibly Required) 74 Filed: 9/14/2021, Entered: 9/14/2021, Terminated: 12/1/2021 Motion for Leave to File
MOTION for Leave to File Third Amended Complaint by FRANCESCA VIOLA.(Minc, Aaron)
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Blank 73 Filed: 9/3/2021, Entered: 9/3/2021 Order on motion for extension of timeCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered:re [72] Assented to Motion for Extension of Time to September 22, 2021 to Respond to Dismiss by Francesca Viola ALLOWED. (Dore, Samantha)
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Legal Document (Payment Possibly Required) 72 Filed: 9/2/2021, Entered: 9/2/2021, Terminated: 9/3/2021 Motion for Extension of Time
Assented to MOTION for Extension of Time to September 22, 2021 to Respond to Motion to Dismiss by FRANCESCA VIOLA.(Stebbins, Andrew)
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Legal Document 71 Filed: 8/25/2021, Entered: 8/26/2021 memorandum in support of motion
MEMORANDUM in Support re [70] MOTION TO DISMISS filed by JOSHUA BENTON, PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). (Dore, Samantha)
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Legal Document (Payment Possibly Required) 70 Filed: 8/25/2021, Entered: 8/25/2021, Terminated: 9/23/2021 Motion to Dismiss for Failure to State a Claim
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JOSHUA BENTON, PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). (Attachments: # (1) Exhibit A - Albano Declaration, # (2) Exhibit A-1 - Terms of Service, # (3) Text of Proposed Order Dismissing Claim)(Buttaro, Andrew) Modified on 8/26/2021 (Dore, Samantha). Took out the Memorandum to make it's own docket entry.
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Legal Document (Payment Possibly Required) 69 Filed: 8/25/2021, Entered: 8/25/2021 Notice of Appearance
NOTICE of Appearance by Andrew M. Buttaro on behalf of PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION) (Buttaro, Andrew)
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Legal Document (Payment Possibly Required) 68 Filed: 8/18/2021, Entered: 8/18/2021 Scheduling OrderCourt Filing
District Judge Leo T. Sorokin. SCHEDULING ORDER entered.(Simeone, Maria)
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Blank 67 Filed: 8/17/2021, Entered: 8/18/2021 scheduling conferenceCourt Filing
Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin:. Scheduling Conference held on 8/17/2021. Counsel state the status of the case. The court goes over the proposed scheduled and adopts it all as the order governing the case, with the exception of the bifurcation proposal, the court strikes the bifurcation proposal and sets the following deadlines. Initial disclosures by 9/17/21. Amended Pleadings by 10/15/2021. All requests for admissions by 11/30/21. Admissions by 3/31/22. All depositions by 2/28/22. Fact Discovery by 4/29/2021. Dispositive Motions by 10/14/2022. A status conference has been set for 10/26/2021 02:00 PM in Remote Proceeding : Boston before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.( Status Conference set for 10/26/2021 02:00 PM in Remote Proceeding : Boston before District Judge Leo T. Sorokin.). (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria)
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Blank 66 Filed: 8/16/2021, Entered: 8/16/2021 Order on Motion for extension of time to answerCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re [65] Assented to MOTION for Extension of Time to August 25, 2021 to Respond to Second Amended Complaint. Allowed. Answer due by 8/25/2021. (Pacho, Arnold)
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Legal Document (Payment Possibly Required) 65 Filed: 8/13/2021, Entered: 8/13/2021, Terminated: 8/16/2021 Motion for Extension of Time to File Answer
Assented to MOTION for Extension of Time to August 25, 2021 to Respond to Second Amended Complaint by JOSHUA BENTON, PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(Albano, Jonathan)
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Legal Document 64 Filed: 8/12/2021, Entered: 8/12/2021 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (Stebbins, Andrew)
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Legal Document (Payment Possibly Required) 63 Filed: 8/12/2021, Entered: 8/12/2021 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 (by Joshua Benton). (Pastore, Timothy)
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Legal Document (Payment Possibly Required) 62 Filed: 8/12/2021, Entered: 8/12/2021 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(Albano, Jonathan)
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Legal Document 61 Filed: 8/10/2021, Entered: 8/10/2021 Joint statement re scheduling conference
JOINT STATEMENT re scheduling conference . (Albano, Jonathan)
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Legal Document 60 Filed: 7/30/2021, Entered: 7/30/2021 Amended Complaint
AMENDED COMPLAINT against PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION), JOSHUA BENTON, JOSHUA BENTON, filed by FRANCESCA VIOLA. (Attachments: # (1) Exhibit A - Benton Descriptions, # (2) Exhibit B - Harvard Social Media Guidelines, # (3) Exhibit C - Benton Tweet, # (4) Exhibit D - Disqus Rules, # (5) Exhibit E - Disqus Role of Moderators, # (6) Exhibit F - Basic Rules of Disqus, # (7) Exhibit G - Harvard Privacy Statement, # (8) Exhibit H - NeimanLab Article, # (9) Exhibit I - Alexander Best Comment, # (10) Exhibit J - Truthseeker Comment, # (11) Exhibit K - Twitter Statements, # (12) Exhibit L - Benton Apology Tweet)(Randazza, Marc)
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Blank 59 Filed: 7/30/2021, Entered: 7/30/2021 Order on Motion for Leave to AppearCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting [58] Motion for Leave to Appear Pro Hac Vice. Added Andrew C. Stebbins. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold)
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Legal Document (Payment Possibly Required) 58 Filed: 7/29/2021, Entered: 7/29/2021, Terminated: 7/30/2021 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice for admission of Andrew C. Stebbins Filing fee: $ 100, receipt number 0101-8880199 by FRANCESCA VIOLA. (Attachments: # (1) Affidavit Of Andrew C. Stebbins, Esq., # (2) Exhibit Ohio Certificate of Good Standing)(Randazza, Marc)
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Blank 57 Filed: 7/12/2021, Entered: 7/12/2021 Order on Motion for extension of time to answerCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re [56] Assented to MOTION for Extension of Time to July 30, 2021 to File Answer. ALLOWED. Answer Due 7/30/2021. (Currie, Haley)
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Legal Document 56 Filed: 7/12/2021, Entered: 7/12/2021, Terminated: 7/12/2021 Motion for Extension of Time to File Answer
Assented to MOTION for Extension of Time to July 30, 2021 to File Answer by JOSHUA BENTON, JOSHUA BENTON, PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(Albano, Jonathan)
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Legal Document (Payment Possibly Required) 55 Filed: 7/6/2021, Entered: 7/6/2021 Notice of Scheduling ConferenceCourt Filing
NOTICE of Scheduling Conference. A Scheduling conference has been set for 8/17/2021 03:00 PM in Remote Proceeding : Boston before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference set for 8/17/2021 03:00 PM in Remote Proceeding : Boston before District Judge Leo T. Sorokin. (Attachments: # (1) scheduling order sample, # (2) standing order on summary judgment)(Simeone, Maria)
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Legal Document 54 Filed: 6/28/2021, Entered: 6/28/2021 OrderCourt Filing
District Judge Leo T. Sorokin: ORDER entered on Defendants' Motion to Dismiss (Doc. No. [12]). Defendants' Motion to Dismiss (Doc. No. [12]) is ALLOWED as to Plaintiff's claims for publication of private facts, intrusion upon seclusion, false light, and breach of contract (Counts I, II, III, and VI of the Amended Complaint) and DENIED as to Plaintiff's claims for libel, defamation by implication, promissory estoppel, intentional infliction of emotional distress, and tortious interference with contractual relations (Counts IV, V, VII, VIII, and IX of the Amended Complaint). Defendants shall file an Answer to the portions of the Amended Complaint that remain pending within fourteen days of this Order. The Clerk shall schedule a Rule 16 conference in the ordinary course. (Pacho, Arnold)
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Blank 53 Filed: 6/22/2021, Entered: 6/25/2021 Motion HearingCourt Filing
Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin. Motion Hearing held on 6/22/2021. The court hears oral argument of counsel re [12] Motion to Dismiss and takes the matter under advisement. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria)
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Blank 52 Filed: 6/22/2021, Entered: 6/22/2021 Notice of hearing on motionCourt Filing
ELECTRONIC NOTICE Resetting Hearing on Motion. The Motion Hearing set for 6/22/2021 04:00 PM will be held in Courtroom 2 before District Judge Leo T. Sorokin. (Simeone, Maria)
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Blank 51 Filed: 6/10/2021, Entered: 6/10/2021 Notice of hearing on motionCourt Filing
ELECTRONIC NOTICE Setting Hearing on the Motion to Dismiss (Doc. No. [12]). Motion Hearing set for 6/22/2021 at 04:00 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Pacho, Arnold)
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Blank 50 Filed: 4/30/2021, Entered: 4/30/2021 Status ConferenceCourt Filing
Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin. Status Conference held on 4/30/2021. The court goes over the status of the case and discusses considering Restorative Justice with the parties. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria)
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Blank 49 Filed: 4/23/2021, Entered: 4/23/2021 Notice of hearingCourt Filing
ELECTRONIC NOTICE of Hearing. Status Conference set for 4/28/2021 at 09:30 AM before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Pacho, Arnold)
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Blank 48 Filed: 4/23/2021, Entered: 4/23/2021 OrderCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court will hold a status conference in this case on Wednesday April 28, 2021 at 9:30 a.m. via Zoom. This conference is not a hearing on the motion to dismiss and the Court does not intend to hear argument on that motion at the hearing. In addition to counsel, Ms. Viola, Mr. Benton and a representative of Harvard shall attend the conference. (Pacho, Arnold)
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Blank 47 Filed: 4/23/2021, Entered: 4/23/2021 Order on Motion for Leave to AppearCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting [46] Motion for Leave to Appear Pro Hac Vice. Added Dorrian H. Horsey. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold)
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Legal Document 46 Filed: 4/22/2021, Entered: 4/22/2021, Terminated: 4/23/2021 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice for admission of Dorrian H. Horsey Filing fee: $ 100, receipt number 0101-8740753 by FRANCESCA VIOLA. (Attachments: # (1) Affidavit Affidavit of Dorrian Horsey, # (2) Exhibit COGS--North Carolina, # (3) Exhibit COGS--Ohio)(Wolman, Jay)
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Legal Document (Payment Possibly Required) 45 Filed: 3/23/2021, Entered: 3/23/2021 Notice of Withdrawal of Appearance
NOTICE of Withdrawal of Appearance Attorney DAVID P. HEIM terminated. (Montes, Mariliz)
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Legal Document 44 Filed: 3/23/2021, Entered: 3/23/2021 OrderCourt Filing
District Judge Leo T. Sorokin. ORDER REQUIRING COMPLIANCE WITH GENERAL PRACTICES OF THIS SESSION entered. (Simeone, Maria)
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Blank 43 Filed: 3/22/2021, Entered: 3/22/2021 OrderCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court will resolve the Rule 12(b)(6) portion of the Motion to Dismiss filed by Harvard (joined by Defendant Benton) based on the briefs filed in the Eastern District of Pennsylvania. The Court will disregard the personal jurisdiction arguments, as the transfer resolved that issue and the arguments appear easily segregated. After further review of the papers, the Court anticipates then scheduling a hearing. (Montes, Mariliz)
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Blank 42 Filed: 3/19/2021, Entered: 3/19/2021 Order on Motion for Leave to AppearCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting [34] Motion for Leave to Appear Pro Hac Vice Added Aaron M. Minc. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz)
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Blank 41 Filed: 3/19/2021, Entered: 3/19/2021 Order on Motion for Leave to AppearCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting [38] Motion for Leave to Appear Pro Hac Vice Added Kendra Baisinger. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz)
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Blank 40 Filed: 3/19/2021, Entered: 3/19/2021 Order on Motion for Leave to AppearCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting [37] Motion for Leave to Appear Pro Hac Vice Added Jeremy D. Mishkin. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz)
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Legal Document 39 Filed: 3/19/2021, Entered: 3/19/2021 Status report
STATUS REPORT Of All Parties by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). (Albano, Jonathan)
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Legal Document (Payment Possibly Required) 38 Filed: 3/19/2021, Entered: 3/19/2021, Terminated: 3/19/2021 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice for admission of Kendra Baisinger Filing fee: $ 100, receipt number 0101-8689165 by JOSHUA BENTON.(Pastore, Timothy)
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Legal Document (Payment Possibly Required) 37 Filed: 3/19/2021, Entered: 3/19/2021, Terminated: 3/19/2021 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice for admission of Jeremy D. Mishkin Filing fee: $ 100, receipt number 0101-8689148 by JOSHUA BENTON.(Pastore, Timothy)
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Legal Document (Payment Possibly Required) 36 Filed: 3/19/2021, Entered: 3/19/2021 Notice of Appearance
NOTICE of Appearance by Timothy J. Pastore on behalf of JOSHUA BENTON (Pastore, Timothy)
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Legal Document (Payment Possibly Required) 35 Filed: 3/19/2021, Entered: 3/19/2021 Notice of Appearance
NOTICE of Appearance by Marc J. Randazza on behalf of FRANCESCA VIOLA (Randazza, Marc)
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Legal Document (Payment Possibly Required) 34 Filed: 3/19/2021, Entered: 3/19/2021, Terminated: 3/19/2021 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice for admission of Aaron M. Minc Filing fee: $ 100, receipt number 0101-8688533 by FRANCESCA VIOLA. (Attachments: # (1) Exhibit Certificate of Aaron Minc, # (2) Exhibit Certificate of Good Standing)(Wolman, Jay)
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Legal Document (Payment Possibly Required) 33 Filed: 3/19/2021, Entered: 3/19/2021 Notice of Appearance
NOTICE of Appearance by Jay M. Wolman on behalf of FRANCESCA VIOLA (Wolman, Jay)
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Blank 32 Filed: 3/12/2021, Entered: 3/12/2021 OrderCourt Filing
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered.The parties shall file a joint status report by March 19, 2021 stating their joint or separate positions as to a schedule for this matter as well as identifying unresolved motions, if any. ( Status Report due by 3/19/2021)(Montes, Mariliz)
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Blank 31 Filed: 3/11/2021, Entered: 3/11/2021 Notice of Case AssignmentCourt Filing
ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Danieli, Chris)
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Legal Document 30 Filed: 3/11/2021, Entered: 3/11/2021 case transferred in - district transfer
Case transferred in from District of Pennsylvania Eastern; Case Number 2:20-cv-01439.
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Legal Document (Payment Possibly Required) 29 Filed: 2/9/2021, Entered: 2/9/2021 Order on Motion to dismiss for failure to state a claim
ORDER THAT UPON CONSIDERATION OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, [ECF 12], FILED BY DEFENDANT PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD), PLAINTIFFS RESPONSE IN OPPOSITION THERETO, [ECF 15], HARVARDS REPLY, [ECF 22], PLAINTIFFS SUR-REPLY, [ECF 25], AND THE ALLEGATIONS CONTAINED IN THE AMENDED COMPLAINT, [ECF 10], IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED. ACCORDINGLY, THE CLERK OF COURT IS DIRECTED TO TRANSFER THIS MATTER TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OFMASSACHUSETTS. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 2/9/2021.2/9/2021 ENTERED AND COPIES E-MAILED.(sg, )
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Legal Document (Payment Possibly Required) 28 Filed: 10/21/2020, Entered: 10/21/2020 Order on Motion forJoinder
ORDER THAT UPON CONSIDERATION OF DEFENDANT JOSHUABENTONS MOTION TO JOIN AND ADOPT CODEFENDANTS MOTION TO DISMISS, [ECF 26], IT IS HEREBYORDERED THAT THE MOTION IS GRANTED.SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 10/21/2020.10/21/2020 ENTERED AND COPIES E-MAILED.(sg, )
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Legal Document (Payment Possibly Required) 27 Filed: 10/21/2020, Entered: 10/21/2020 Notice of Appearance
NOTICE of Appearance by KENDRA LEE BAISINGER on behalf of JOSHUA BENTON with Certificate of Service(BAISINGER, KENDRA)
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Legal Document (Payment Possibly Required) 26 Filed: 10/20/2020, Entered: 10/20/2020, Terminated: 10/21/2020 ~Motion for Joinder
MOTION for Joinder in and Adoption of Co-Defendant Harvard's Motion to Dismiss pursuant to Rule 12(b)(6) filed by JOSHUA BENTON.Certificate of Service. (Attachments: # (1) Text of Proposed Order)(MISHKIN, JEREMY)
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Blank  Filed: None, Entered: None Notice - Other
DOC. 19, AND 23 MAILED TO UNREP. (sg, )
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Blank  Filed: None, Entered: None Notice - Other
DOC. 19, AND 23 MAILED TO UNREP. (sg, )
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Legal Document (Payment Possibly Required) 25 Filed: 9/4/2020, Entered: 9/4/2020 Reply to Response to motion
REPLY to Response to Motion re [12] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Fed. R. Civ. P. 12(b)(6) and Lack of Personal Jurisdiction under Fed. R. Civ. P. 12(b)(2) against Plaintiff's Amended Complaint Plaintiff's Surreply In Further Opposition to Defendant's Motion to Dismiss filed by FRANCESCA VIOLA. (Attachments: # (1) Exhibit Brief of Citizen Media Law Project)(HORSEY, DORRIAN)
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Legal Document (Payment Possibly Required) 24 Filed: 9/4/2020, Entered: 9/4/2020 Corporate Disclosure Statement
NOTICE by FRANCESCA VIOLA Supplemental Certificate of Service for Amended Complaint (HORSEY, DORRIAN)
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Legal Document (Payment Possibly Required) 23 Filed: 8/21/2020, Entered: 8/21/2020 Order on Motion for Leave to Appear
ORDER THAT JONATHAN ALBANO'S MOTION FOR ADMISSION PRO HAC VICE IS GRANTED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/21/2020.8/21/2020 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREP.(sg, )
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Legal Document (Payment Possibly Required) 21 Filed: 8/21/2020, Entered: 8/21/2020, Terminated: 8/21/2020 Motion for Leave to Appear Pro Hac Vice
MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number 0313-14510817.) filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION)..(BECKER, LILY)
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Legal Document (Payment Possibly Required) 20 Filed: 8/21/2020, Entered: 8/21/2020, Terminated: 8/21/2020 Motion for Leave to Appear Pro Hac Vice
MOTION for Pro Hac Vice filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).Certificate of Service.(BECKER, LILY) *RE-FILED AT DOC.[21]* Modified on 8/24/2020 (lisad, ).
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Legal Document 22 Filed: 8/20/2020, Entered: 8/21/2020 memorandum in support of motion
REPLY BRIEF OF DEFENDANT PRESIDENT AND FELLOWS OF HARVARDCOLLEGE IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS AMENDEDCOMPLAINT, filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). (sg, )
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Legal Document (Payment Possibly Required) 19 Filed: 8/20/2020, Entered: 8/20/2020 Order on Motion for Leave to File
ORDERED THAT THE MOTION FOR LEAVE TO FILE IS GRANTED, AND THE REPLY ATTACHED TO THE UNDERLYING MOTION AS EXHIBIT A SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. IT IS FURTHER ORDERED THAT PLAINTIFF MAY FILE A SUR-REPLY, NOT TO ECEED TEN PAGES, ON OR BEFORE 9/7/2020. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/20/2020.8/20/2020 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREP.(sg, )
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Legal Document (Payment Possibly Required) 18 Filed: 8/18/2020, Entered: 8/18/2020, Terminated: 8/20/2020 State Court Record
MOTION for Leave to File Reply Memorandum of Law in further support of its Motion to Dismiss the Amended Complaint filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).Certificate of Service. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit A - Reply Memorandum of Law)(LAVELLE, JOHN)
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Legal Document (Payment Possibly Required) 17 Filed: 7/30/2020, Entered: 7/30/2020 waiver of service executed
WAIVER OF SERVICE Returned Executed by FRANCESCA VIOLA. All Defendants. (MINC, AARON)
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Legal Document (Payment Possibly Required) 16 Filed: 7/29/2020, Entered: 7/29/2020, Terminated: 7/29/2020 Motion for order
Plaintiff's Proposed Order on Defendant's Motion to Dismiss filed by FRANCESCA VIOLA. (MINC, AARON) *FORWARDED TO JUDGE* Modified on 7/30/2020 (lisad, ).
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Legal Document (Payment Possibly Required) 15 Filed: 7/29/2020, Entered: 7/29/2020 MEMORANDUM in Opposition to Motion
RESPONSE in Opposition re [12] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Fed. R. Civ. P. 12(b)(6) and Lack of Personal Jurisdiction under Fed. R. Civ. P. 12(b)(2) against Plaintiff's Amended Complaint filed by FRANCESCA VIOLA. (MINC, AARON)
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Blank  Filed: None, Entered: None Notice - Other
Orders 4,5,11 and 14 mailed to Joshua Benton. (fdc)
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Blank  Filed: None, Entered: None Notice - Other
MAILED OUT ORDER ENTRIES # 4,5,11 AND 14 TO COUNSEL ON 7/14/20. NEF REGENERATED ON 7/15/20. (jaa, ) Modified on 7/15/2020 (lisad, ).
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Legal Document (Payment Possibly Required) 14 Filed: 7/6/2020, Entered: 7/6/2020 Order on Motion for Leave to Appear
ORDER THAT THE PARTIES STIPULATION FOR EXTENSION OF TIME IS APPROVED. PLAINTIFFS SHALL TAKE ALL REASONABLE ACTIONS NECESSARY TO RESPOND TO DEFENDANT HARVARD'S MOTION TO DISMISS BY 7/29/20; ETC.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 7/6/20. 7/6/20 ENTERED AND E-MAILED, NOT MAILED TO UNREP.(JL)
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Legal Document (Payment Possibly Required) 13 Filed: 7/2/2020, Entered: 7/2/2020, Terminated: 7/6/2020 Motion for Extension of Time to File Response/Reply
MOTION for Extension of Time to File Response/Reply Defendant's Motion to Dismiss filed by FRANCESCA VIOLA.. (Attachments: # (1) Text of Proposed Order Proposed Order Granting Extension of Time)(MINC, AARON)
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Legal Document (Payment Possibly Required) 12 Filed: 6/26/2020, Entered: 6/26/2020, Terminated: 2/9/2021 Motion to Dismiss for Failure to State a Claim
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Fed. R. Civ. P. 12(b)(6) and Lack of Personal Jurisdiction under Fed. R. Civ. P. 12(b)(2) against Plaintiff's Amended Complaint filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).Memorandum, Certificate of Service, Declaration. (Attachments: # (1) Memorandum, # (2) Text of Proposed Order, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Declaration of Bradley E. Abruzzi, # (9) Exhibit A to Declaration of Bradley E. Abruzzi)(LAVELLE, JOHN)
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Legal Document (Payment Possibly Required) 11 Filed: 6/16/2020, Entered: 6/16/2020 Order on Motion to dismiss for failure to state a claim
ORDER THAT DEFENDANT'S [8] MOTION TO DISMISS IS DENIED AS MOOT. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 6/16/20.6/16/20 ENTERED & E-MAILED. NOT MAILED TO UNREP PARTY BENSON. (fdc)
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Legal Document 10 Filed: 6/12/2020, Entered: 6/12/2020 Amended Complaint
AMENDED COMPLAINT against All Defendants All Defendants., filed by FRANCESCA VIOLA. (Attachments: # (1) Exhibit Exhibit A - joshuabenton.com descriptions, # (2) Exhibit Exhibit B - Harvard Social Media Policy, # (3) Exhibit Exhibit C - JBenton Twitter Description, # (4) Exhibit Exhibit D - BRDPS, # (5) Exhibit Exhibit E - Support Forum Thread, # (6) Exhibit Exhibit F - Disqus Policies, # (7) Exhibit Exhibit G - Harvard Privacy Statement, # (8) Exhibit Exhibit H - Neiman Lab Article, # (9) Exhibit Exhibit I - Alexander Best Comment, # (10) Exhibit Exhibit J - Truthseeker Comment, # (11) Exhibit Exhibit K - Twitter Statements, # (12) Exhibit Exhibit L - Benton Apology)(MINC, AARON)
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Legal Document (Payment Possibly Required) 9 Filed: 6/1/2020, Entered: 6/1/2020 Corporate Disclosure Statement
Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).(LAVELLE, JOHN)
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Legal Document (Payment Possibly Required) 8 Filed: 5/29/2020, Entered: 5/29/2020, Terminated: 6/16/2020 Motion to Dismiss for Failure to State a Claim
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Fed. R. Civ. P. 12(b)(6) and Lack of Personal Jurisdiction under Fed. R. Civ. P. 12(b)(2) filed by PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION).Memorandum of Law, Declarations and Certificate of Service. (Attachments: # (1) Memorandum of Law in Support of Motion to Dismiss, # (2) Text of Proposed Order, # (3) Declaration of John P. Lavelle, Jr., # (4) Exhibit A to Lavelle Declaration, # (5) Exhibit B to Lavelle Declaration, # (6) Exhibit C to Lavelle Declaration, # (7) Exhibit D to Lavelle Declaration, # (8) Exhibit E to Lavelle Declaration, # (9) Declaration Declaration of Bradley E. Abruzzi, # (10) Exhibit A to Abruzzi Declaration)(LAVELLE, JOHN)
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Legal Document (Payment Possibly Required) 7 Filed: 5/28/2020, Entered: 5/28/2020 Notice of Appearance
NOTICE of Appearance by JOHN P. LAVELLE, JR on behalf of PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION) with Certificate of Service(LAVELLE, JOHN)
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Legal Document (Payment Possibly Required) 6 Filed: 5/28/2020, Entered: 5/28/2020 Notice of Appearance
NOTICE of Appearance by LILY GREER BECKER on behalf of PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION) with Certificate of Service(BECKER, LILY)
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Legal Document (Payment Possibly Required) 5 Filed: 3/30/2020, Entered: 3/31/2020 Order on Motion for Leave to Appear
ORDER THAT THE THE APPLICATION FOR ADMISSION PRO HAC VICE OF AARON MINC ESQUIRE IS GRANTED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 3/30/2020.3/31/2020 ENTERED AND COPIES E-MAILED. COPY NOT MAILED TO UNREP. COPY NOT MAILED TO ATTORNEY WITH ECF APPLICATION.
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Legal Document (Payment Possibly Required) 4 Filed: 3/30/2020, Entered: 3/31/2020 Order on Motion for Leave to Appear
ORDER THAT THE THE APPLICATION FOR ADMISSION PRO HAC VICE OF DORRIAN H. HORSEY ESQUIRE IS GRANTED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 3/30/2020.3/31/2020 ENTERED AND COPIES E-MAILED. COPY NOT MAILED TO UNREP. COPY NOT MAILED TO ATTORNEY WITH ECF APPLICATION. (sg, )
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Legal Document (Payment Possibly Required) 3 Filed: 3/30/2020, Entered: 3/30/2020, Terminated: 3/30/2020 Motion for Leave to Appear Pro Hac Vice
MOTION for Pro Hac Vice of Aaron Minc, Esquire ( Filing fee $ 40 receipt number 0313-14207063.) filed by FRANCESCA VIOLA.Affidavit, Proposed Order, Certificate of Service.(HEIM, DAVID)
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Legal Document (Payment Possibly Required) 2 Filed: 3/30/2020, Entered: 3/30/2020, Terminated: 3/30/2020 Motion for Leave to Appear Pro Hac Vice
MOTION for Pro Hac Vice of Dorrian Horsey ( Filing fee $ 40 receipt number 0313-14206894.) filed by FRANCESCA VIOLA.Affidavit, Proposed Order, Certificate of Service.(HEIM, DAVID)
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Legal Document 1 Filed: 3/16/2020, Entered: 3/17/2020 Complaint
Complaint against JOSHUA BENTON and PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION) (Filing fee $400 receipt number PPE213003) filed by FRANCESCA VIOLA. (Attachments: # (1) Civil Coversheets, # (2) Exhibits)(mbh, )
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Blank  Filed: None, Entered: None Jury Demand
Demand for Trial by Jury. (mbh, )
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Blank  Filed: None, Entered: None Summons issued
2 Summonses Issued as to JOSHUA BENTON and PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD CORPORATION). Forwarded To: counsel on 3/17/20 (mbh, )
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