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Court Dockets
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:17-cv-09483-DAB
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:17-cv-09483-DAB
Witlieb Bernstein v. O'Reilly et al
DOCKET INFORMATION
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| Plaintiff |
Rachel Witlieb Bernstein
Plaintiff
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| Representation | |||
| Neil Mullin Smith Mullin, P.C. 240 Claremont Avenue Montclair, NJ 07042 (973) 783-7607 Fax: (973) 783-9894 nmullin@smithmullin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Nancy Erika Smith Smith Mullin, P.C. 240 Claremont Avenue Montclair, NJ 07042 (973) 783-7607 Fax: (973) 783-9894 nsmith@smithmullin.com ATTORNEY TO BE NOTICED | ||
| Plaintiff |
Andrea Mackris
Plaintiff
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| |
| Representation | |||
| Neil Mullin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Nancy Erika Smith (See above for address) ATTORNEY TO BE NOTICED | ||
| Plaintiff |
Rebecca Gomez Diamond
Plaintiff
|
| |
| Representation | |||
| Neil Mullin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Nancy Erika Smith (See above for address) ATTORNEY TO BE NOTICED | ||
| Defendant |
Bill O'Reilly
Defendant
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| |
| Representation | |||
| Andrew N. Bourne Hoguet Newman Regal & Kenney, LLP 10 East 40th Street New York, NY 10016 (212) 689-8808 Fax: (212) 689-5101 abourne@hnrklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Fredric S. Newman Hoguet Newman Regal & Kenney, LLP 10 East 40th Street New York, NY 10016 (212) 689-8808 Fax: (212) 689-5101 fnewman@hnrklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Julian S. Brod Shapiro Arato Bach LLP 500 Fifth Avenue, 40th Floor New York, NY 10110 (212) 257-4889 jbrod@shapiroarato.com TERMINATED: 05/01/2019 | |
| Marc Aaron Melzer Hoguet Newman Regal & Kenney, LLP 60 East 42nd Street, 48th Floor New York, NY 10165 (212) 689-8808 Fax: (212) 689-5101 mmelzer@hnrklaw.com ATTORNEY TO BE NOTICED | |||
| Defendant |
Fox News Network LLC
Defendant
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| Representation | |||
| Kevin Taylor Baine Williams & Connolly LLP (DC) 725 Twelfth Street, N.W. Washington, DC 20005 (202) 434-5010 Fax: (202) 434-5029 kbaine@wc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Jonathan Singh Sidhu Williams & Connolly LLP (DC) 725 Twelfth Street, N.W. Washington, DC 20005 (202) 434-5242 jsidhu@wc.com ATTORNEY TO BE NOTICED | Joseph M. Terry Williams & Connolly LLP (NYC) 650 5th Avenue., Suite 1500 New York, NY 10019 (202) 434-5320 Fax: (202) 434-5029 jterry@wc.com PRO HAC VICE ATTORNEY TO BE NOTICED | |
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Dec 4, 2017 | View | COMPLAINT against Bill O'Reilly. (Filing Fee $ 400.00, Receipt Number 0208-14430986)Document filed by Rachel Witlieb Bernstein.(Smith, Nancy) (Entered: 12/04/2017) |
| 2 | Dec 4, 2017 | Request | CIVIL COVER SHEET filed. (Smith, Nancy) (Entered: 12/04/2017) |
| 3 | Dec 4, 2017 | Request | REQUEST FOR ISSUANCE OF SUMMONS as to Bill O'Reilly, re: 1 Complaint. Document filed by Rachel Witlieb Bernstein. (Smith, Nancy) (Entered: 12/04/2017) |
| 4 | Dec 4, 2017 | Request | REQUEST FOR ISSUANCE OF SUMMONS as to Fox News Network LLC, re: 1 Complaint. Document filed by Rachel Witlieb Bernstein. (Smith, Nancy) (Entered: 12/04/2017) |
| Dec 4, 2017 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (laq) (Entered: 12/04/2017) | ||
| Dec 4, 2017 | Magistrate Judge Debra C. Freeman 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. (laq) (Entered: 12/04/2017) | ||
| Dec 4, 2017 | Case Designated ECF. (laq) (Entered: 12/04/2017) | ||
| 5 | Dec 4, 2017 | Request | ELECTRONIC SUMMONS ISSUED as to Bill O'Reilly. (laq) (Entered: 12/04/2017) |
| 6 | Dec 4, 2017 | Request | ELECTRONIC SUMMONS ISSUED as to Fox News Network LLC. (laq) (Entered: 12/04/2017) |
| 7 | Dec 20, 2017 | Request | FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint against Fox News Network LLC, Bill O'Reilly with JURY DEMAND.Document filed by Rachel Witlieb Bernstein. Related document: 1 Complaint.(Smith, Nancy) Modified on 12/21/2017 (vf). (Entered: 12/20/2017) |
| 8 | Dec 20, 2017 | Request | FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Bill O'Reilly, re: 7 Amended Complaint. Document filed by Rachel Witlieb Bernstein. (Smith, Nancy) Modified on 12/21/2017 (vf). (Entered: 12/20/2017) |
| 9 | Dec 20, 2017 | Request | FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Fox News Network LLC, re: 7 Amended Complaint. Document filed by Rachel Witlieb Bernstein. (Smith, Nancy) Modified on 12/21/2017 (vf). (Entered: 12/20/2017) |
| Dec 21, 2017 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Nancy Erika Smith to RE-FILE re: Document No. 7 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading ( Andrea Mackris; Rebecca Gomez Diamond) were not entered on CM ECF; not all the filer/filers were selected for the pleading. 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 Amended 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. (vf) (Entered: 12/21/2017) | ||
| Dec 21, 2017 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nancy Erika Smith to RE-FILE Document No. 9 Request for Issuance of Amended Summons, 8 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): not all the filer/filers were selected for the request for issuance of summons; reflect title "Amended" for Amended Summons requests. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) (Entered: 12/21/2017) | ||
| 10 | Dec 21, 2017 | View | FIRST AMENDED COMPLAINT amending 7 Amended Complaint, against Fox News Network LLC, Bill O'Reilly with JURY DEMAND.Document filed by Rachel Witlieb Bernstein, Andrea Mackris, Rebecca Gomez Diamond. Related document: 7 Amended Complaint,.(Smith, Nancy) (Entered: 12/21/2017) |
| 11 | Dec 21, 2017 | Request | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Bill O'Reilly, re: 10 Amended Complaint,. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Smith, Nancy) Modified on 12/22/2017 (pc). (Entered: 12/21/2017) |
| 12 | Dec 21, 2017 | Request | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Fox News Network LLC, re: 10 Amended Complaint,. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Smith, Nancy) Modified on 12/22/2017 (pc). (Entered: 12/21/2017) |
| Dec 22, 2017 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nancy Erika Smith to RE-FILE Document No. 11 Request for Issuance of Amended Summons, 12 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Please include the word "Amended" in front of "Summons in a Civil Action". Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 12/22/2017) | ||
| 13 | Dec 22, 2017 | Request | REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Fox News Network LLC, re: 10 Amended Complaint,. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Smith, Nancy) (Entered: 12/22/2017) |
| 14 | Dec 22, 2017 | Request | REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Bill O'Reilly, re: 10 Amended Complaint,. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Smith, Nancy) (Entered: 12/22/2017) |
| 15 | Dec 26, 2017 | Request | ELECTRONIC AMENDED SUMMONS ISSUED as to Fox News Network LLC. (pc) (Entered: 12/26/2017) |
| 16 | Dec 26, 2017 | Request | ELECTRONIC AMENDED SUMMONS ISSUED as to Bill O'Reilly. (pc) (Entered: 12/26/2017) |
| 17 | Jan 8, 2018 | Request | AFFIDAVIT OF SERVICE. Fox News Network LLC served on 1/5/2018, answer due 1/26/2018. Service was accepted by Joseph M. Terry, Esq., attorney for Defendant Fox News Network LLC. Document filed by Rachel Witlieb Bernstein; Rebecca Gomez Diamond; Andrea Mackris. (Smith, Nancy) (Entered: 01/08/2018) |
| 18 | Jan 8, 2018 | Request | WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Rachel Witlieb Bernstein, Rebecca Gomez Diamond, Andrea Mackris. (Smith, Nancy) (Entered: 01/08/2018) |
| 19 | Jan 12, 2018 | Request | STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO AMENDED COMPLAINT: It is hereby stipulated and agreed by the attorneys for the plaintiffs, Rachel Witlieb Bernstein, Andrea Mackris, and Rebecca Gomez Diamon, and defendant, Fox News Network LLC ("Fox News"), in the above action, that defendant Fox News be granted an extension of time up to and including March 6, 2018 to serve and Answer, move or otherwise respond to the Amended Complaint as set forth in this order. Fox News Network LLC answer due 3/6/2018. (Signed by Judge Deborah A. Batts on 1/12/2018) (rj) (Entered: 01/16/2018) |
| 20 | Jan 24, 2018 | Request | AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Bill O'Reilly served on 1/11/2018, answer due 2/1/2018. Service was accepted by Bill O'Reilly. Document filed by Rachel Witlieb Bernstein; Rebecca Gomez Diamond; Andrea Mackris. (Smith, Nancy) (Entered: 01/24/2018) |
| 21 | Jan 25, 2018 | Request | STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by the attorneys for the Plaintiffs, Rachel Witlieb Bernstein, Andrea Mackris, and Rebecca Gomez Diamond, and Defendant, Bill O'Reilly, in the above-captioned action, that the time within which Defendant Bill O'Reilly may move, answer, or otherwise respond to the First Amended Complaint is hereby extended from February 1, 2018 up to and including March 6, 2018. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendant Bill O'Reilly expressly reserves all defenses. There has been no previous request for extension of time by Defendant Bill O'Reilly in connection with this matter. On January 12, 2018, this Court So-Ordered the Stipulation between Plaintiffs and Defendant Fox News Network LLC ("Fox News") extending the time within which Fox News may move, answer, or otherwise respond to the First Amended Complaint up to and including March 6, 2018. SO ORDERED. (Bill O'Reilly and Fox News Network LLC answer due 3/6/2018.) (Signed by Judge Deborah A. Batts on 1/25/2018) (anc) (Entered: 01/25/2018) |
| 22 | Feb 9, 2018 | Request | FIRST MOTION for Nancy Erika Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14681593. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Attachments: # 1 Affidavit of Affidavit of Nancy Erika Smith, Esq., # 2 Text of Proposed Order Proposed form of Order)(Smith, Nancy) (Entered: 02/09/2018) |
| Feb 9, 2018 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 22 FIRST MOTION for Nancy Erika Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14681593. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 02/09/2018) | ||
| 23 | Feb 27, 2018 | Request | FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 25 Notice) - NOTICE OF APPEARANCE by Kevin Taylor Baine on behalf of Fox News Network LLC. (Baine, Kevin) Modified on 3/8/2018 (db). (Entered: 02/27/2018) |
| 24 | Feb 27, 2018 | Request | FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 26 Rule 7.1 Statement) - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Twenty-First Century Fox, Inc., Corporate Parent Fox Television Stations, LLC for Fox News Network LLC. Document filed by Fox News Network LLC.(Baine, Kevin) Modified on 3/8/2018 (db). (Entered: 02/27/2018) |
| 25 | Mar 1, 2018 | Request | NOTICE OF APPEARANCE by Kevin Taylor Baine on behalf of Fox News Network LLC. (Baine, Kevin) (Entered: 03/01/2018) |
| 26 | Mar 1, 2018 | View | AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Twenty-First Century Fox, Inc., Corporate Parent Fox Television Stations, LLC for Fox News Network LLC. Document filed by Fox News Network LLC.(Baine, Kevin) (Entered: 03/01/2018) |
| 27 | Mar 1, 2018 | Request | STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by the attorneys for the Plaintiffs, Rachel Witlieb Bernstein, Andrea Mackris, and Rebecca Gomez Diamond, and Defendants, Bill O'Reilly and Fox News Network LLC ("Fox News"), in the above-captioned action, that the time within which Defendants may move, answer, or otherwise respond to the First Amended Complaint is hereby extended from March 6, 2018 up to and including March 20, 2018. And as set forth herein. SO ORDERED., Fox News Network LLC answer due 3/20/2018; Bill O'Reilly answer due 3/20/2018. (Signed by Judge Deborah A. Batts on 3/01/2018) (ama) (Entered: 03/01/2018) |
| 28 | Mar 1, 2018 | View | MOTION for Joseph Marshall Terry, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14760065. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC. (Attachments: # 1 Affidavit, # 2 Exhibit D.C. Certificate of Good Standing, # 3 Text of Proposed Order)(Terry, Joseph) (Entered: 03/01/2018) |
| Mar 1, 2018 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 28 MOTION for Joseph Marshall Terry, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14760065. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 03/01/2018) | ||
| 29 | Mar 1, 2018 | View | MOTION for Jonathan Singh Sidhu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14760943. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fox News Network LLC. (Attachments: # 1 Affidavit, # 2 Exhibit CA Certificate of Good Standing, # 3 Exhibit DC Certificate of Good Standing, # 4 Text of Proposed Order)(Sidhu, Jonathan) (Entered: 03/01/2018) |
| Mar 1, 2018 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 29 MOTION for Jonathan Singh Sidhu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14760943. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) (Entered: 03/01/2018) | ||
| 30 | Mar 5, 2018 | Request | ORDER FOR ADMISSION OF NANCY ERICA SMITH, ESQ. PRO HAC VICE: granting 22 Motion for Nancy Erika Smith to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 3/5/2018) (ap) (Entered: 03/05/2018) |
| 31 | Mar 15, 2018 | Request | ORDER granting 29 Motion for Jonathan S. Sidhu to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 3/15/2018) (kgo) (Entered: 03/15/2018) |
| 32 | Mar 15, 2018 | Request | ORDER granting 28 Motion for Joseph M. Terry to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 3/15/2018) (kgo) (Entered: 03/15/2018) |
| 33 | Mar 19, 2018 | Request | NOTICE OF APPEARANCE by Fredric S. Newman on behalf of Bill O'Reilly. (Newman, Fredric) (Entered: 03/19/2018) |
| 34 | Mar 19, 2018 | Request | NOTICE OF APPEARANCE by Julian S. Brod on behalf of Bill O'Reilly. (Brod, Julian) (Entered: 03/19/2018) |
| 35 | Mar 19, 2018 | View | LETTER MOTION to Seal Document addressed to Judge Deborah A. Batts from Andrew N. Bourne dated March 19, 2018. Document filed by Bill O'Reilly.(Brod, Julian) (Entered: 03/19/2018) |
| 36 | Mar 19, 2018 | Request | NOTICE OF APPEARANCE by Nancy Erika Smith on behalf of Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Smith, Nancy) (Entered: 03/19/2018) |
| 37 | Mar 19, 2018 | Request | NOTICE OF APPEARANCE by Neil Mullin on behalf of Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 03/19/2018) |
| 38 | Mar 19, 2018 | Request | NOTICE OF APPEARANCE by Andrew N. Bourne on behalf of Bill O'Reilly. (Bourne, Andrew) (Entered: 03/19/2018) |
| 39 | Mar 20, 2018 | View | FIRST MEMORANDUM OF LAW in Opposition re: 35 LETTER MOTION to Seal Document addressed to Judge Deborah A. Batts from Andrew N. Bourne dated March 19, 2018. . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 03/20/2018) |
| 40 | Mar 20, 2018 | View | FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6)., FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16. Document filed by Fox News Network LLC.(Baine, Kevin) (Entered: 03/20/2018) |
| 41 | Mar 20, 2018 | View | MEMORANDUM OF LAW in Support re: 40 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16. . Document filed by Fox News Network LLC. (Baine, Kevin) (Entered: 03/20/2018) |
| 42 | Mar 20, 2018 | View | DECLARATION of Joseph M. Terry in Support re: 40 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16.. Document filed by Fox News Network LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(Baine, Kevin) (Entered: 03/20/2018) |
| 43 | Mar 20, 2018 | Request | MOTION to Dismiss Pursuant to FRCP 12(b)(6)., MOTION to Stay and Compel Arbitration Pursuant to 9 USC section 1 et seq.. Document filed by Bill O'Reilly.(Brod, Julian) (Entered: 03/20/2018) |
| 44 | Mar 20, 2018 | Request | DECLARATION of Andrew N. Bourne in Support re: 43 MOTION to Dismiss Pursuant to FRCP 12(b)(6). MOTION to Stay and Compel Arbitration Pursuant to 9 USC section 1 et seq... Document filed by Bill O'Reilly. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Brod, Julian) (Entered: 03/20/2018) |
| 45 | Mar 20, 2018 | View | MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss Pursuant to FRCP 12(b)(6). MOTION to Stay and Compel Arbitration Pursuant to 9 USC section 1 et seq.. . Document filed by Bill O'Reilly. (Brod, Julian) (Entered: 03/20/2018) |
| 46 | Mar 22, 2018 | View | LETTER RESPONSE to Motion addressed to Judge Deborah A. Batts from Neil Mullin dated March 22, 2018 re: 35 LETTER MOTION to Seal Document addressed to Judge Deborah A. Batts from Andrew N. Bourne dated March 19, 2018. . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 03/22/2018) |
| 47 | Mar 22, 2018 | Request | LETTER addressed to Judge Deborah A. Batts from Andrew N. Bourne dated March 22, 2018 re: Plaintiffs' March 22, 2018 letter. Document filed by Bill O'Reilly.(Brod, Julian) (Entered: 03/22/2018) |
| 48 | Mar 22, 2018 | Request | LETTER addressed to Judge Deborah A. Batts from Joseph M. Terry dated 03/22/2018 re: Defendant Bill O'Reilly's letter motion to seal (ECF No. 35) and March 22, 2018 letter (ECF No. 47), and Plaintiffs' opposition and response to that letter motion to seal (ECF Nos. 39, 46).. Document filed by Fox News Network LLC.(Terry, Joseph) (Entered: 03/22/2018) |
| 49 | Mar 26, 2018 | Request | ORDER: The Court is in receipt of correspondence from the Parties of March 19, 2018, March 20, 2018, and March 22, 2018. Defendant O'Reilly has moved to seal various Settlement Agreements and Plaintiffs oppose. Fox News takes no position on the sealing of the documents. To determine the propriety of sealing, the Court needs to review the unredacted Settlement Agreements. Accordingly, Defendant O'Reilly shall send to the Court for ex parte review complete, unreacted copies of the applicable Settlement Agreements. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/26/2018) (ama) (Entered: 03/26/2018) |
| 50 | Mar 28, 2018 | Request | LETTER RESPONSE in Opposition to Motion addressed to Judge Deborah A. Batts from Neil Mullin dated March 28, 2018 re: 35 LETTER MOTION to Seal Document addressed to Judge Deborah A. Batts from Andrew N. Bourne dated March 19, 2018. . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 03/28/2018) |
| 51 | Mar 28, 2018 | Request | LETTER addressed to Judge Deborah A. Batts from Andrew N. Bourne dated March 28, 2018 re: Sealing and/or Redaction. Document filed by Bill O'Reilly.(Brod, Julian) (Entered: 03/28/2018) |
| 52 | Mar 30, 2018 | View | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct [file Second Amended Complaint]. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Attachments: # 1 Declaration of Neil Mullin in support of Plaintiffs' Cross-Motion to File Second Amended Complaint with Exhibit A, # 2 Exhibit B to Mullin Declaration, # 3 Exhibit C to Mullin Declaration, # 4 Brief in support of Plaintiffs' Cross-Motion to File Second Amended Complaint)(Mullin, Neil) Modified on 4/11/2018 (db). (Entered: 03/30/2018) |
| 53 | Apr 3, 2018 | View | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct 52 MOTION to Amend/Correct [file Second Amended Complaint]. . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Attachments: # 1 Supplement Supplemental Declaration of Neil Mullin, Esq. in support of Plaintiffs' Cross-Motion to File Second Amended Complaint, # 2 Exhibit B to Mullin Supplemental Declaration, # 3 Exhibit C to Mullin Supplemental Declaration)(Mullin, Neil) Modified on 4/11/2018 (db). (Entered: 04/03/2018) |
| 54 | Apr 3, 2018 | View | RESPONSE in Opposition to Motion re: 40 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16. . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 04/03/2018) |
| 55 | Apr 3, 2018 | View | RESPONSE in Opposition to Motion re: 43 MOTION to Dismiss Pursuant to FRCP 12(b)(6). MOTION to Stay and Compel Arbitration Pursuant to 9 USC section 1 et seq.. . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 04/03/2018) |
| 56 | Apr 3, 2018 | View | DECLARATION of Neil Mullin in Opposition re: 43 MOTION to Dismiss Pursuant to FRCP 12(b)(6). MOTION to Stay and Compel Arbitration Pursuant to 9 USC section 1 et seq.., 40 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16.. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Attachments: # 1 Exhibit A to Mullin Declaration, # 2 Exhibit (s) E through L)(Mullin, Neil) (Entered: 04/03/2018) |
| 57 | Apr 3, 2018 | View | ORDER denying 35 Motion to Seal Document. For the reasons stated above, Defendant O'Reilly's Motion to Seal the Mackris and Diamond Settlement and Arbitration Agreements filed in connection with his Motion to Compel Arbitration and/or Dismiss the Complaint is DENIED. (Signed by Judge Deborah A. Batts on 4/3/2018) (kgo) (Entered: 04/04/2018) |
| 58 | Apr 4, 2018 | View | MEMORANDUM OF LAW in Opposition re: 40 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16. . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Attachments: # 1 Declaration of Neil Mullin in opposition to motion to dismiss, # 2 Exhibit A to Mullin Declaration, # 3 Exhibit (s) B through D to Mullin Declaration, # 4 Exhibit (s) E through L to Mullin Declaration)(Mullin, Neil) (Entered: 04/04/2018) |
| 59 | Apr 4, 2018 | View | MEMORANDUM OF LAW in Opposition re: 43 MOTION to Dismiss Pursuant to FRCP 12(b)(6). MOTION to Stay and Compel Arbitration Pursuant to 9 USC section 1 et seq.. . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Attachments: # 1 Declaration of Neil Mullin in opposition to motion to dismiss, # 2 Exhibit A to Mullin Declaration, # 3 Exhibit (s) B through D to Mullin Declaration, # 4 Exhibit (s) E through L to Mullin Declaration)(Mullin, Neil) (Entered: 04/04/2018) |
| 60 | Apr 5, 2018 | View | LETTER addressed to Judge Deborah A. Batts from Joseph M. Terry dated 04/05/2018 re: Plaintiffs' Motion to File a Second Amended Complaint. Document filed by Fox News Network LLC.(Terry, Joseph) (Entered: 04/05/2018) |
| 61 | Apr 5, 2018 | View | LETTER addressed to Judge Deborah A. Batts from Andrew N. Bourne dated 3/27/2018 re: We respectfully request that the Confidential Agreements be filed under seal. Document filed by Bill O'Reilly.(kgo) (Entered: 04/05/2018) |
| 62 | Apr 6, 2018 | Request | LETTER addressed to Judge Deborah A. Batts from Nancy Erika Smith, Esq. (pro hac vice) dated April 6, 2018 re: in response to defendant Fox News' counsel's letter dated April 5, 2018. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein.(Smith, Nancy) (Entered: 04/06/2018) |
| 63 | Apr 6, 2018 | Request | LETTER addressed to Judge Deborah A. Batts from Joseph M. Terry dated 04/06/2018 re: Plaintiffs' counsel's letter dated April 6, 2018. Document filed by Fox News Network LLC.(Terry, Joseph) (Entered: 04/06/2018) |
| 64 | Apr 6, 2018 | Request | LETTER addressed to Judge Deborah A. Batts from Andrew N. Bourne dated April 6, 2018 re: Correspondence of April 6, 2018. Document filed by Bill O'Reilly.(Bourne, Andrew) (Entered: 04/06/2018) |
| 65 | Apr 9, 2018 | Request | LETTER addressed to Judge Deborah A. Batts from Neil Mullin dated 04/09/2018 re: briefing schedule. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein.(Mullin, Neil) (Entered: 04/09/2018) |
| 66 | Apr 9, 2018 | Request | LETTER addressed to Judge Deborah A. Batts from Joseph M. Terry dated April 9, 2018 re: Briefing schedule. Document filed by Fox News Network LLC.(Terry, Joseph) (Entered: 04/09/2018) |
| 67 | Apr 9, 2018 | Request | MEMO ENDORSEMENT on re: 66 Letter filed by Fox News LLC. ENDORSEMENT: granted. ( Replies due by 4/20/2018.) (Signed by Judge Deborah A. Batts on 4/9/2018) (kgo) (Entered: 04/09/2018) |
| Apr 11, 2018 | ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Neil Mullin to RE-FILE Document 52 MOTION to Amend/Correct [file Second Amended Complaint]., 53 MOTION to Amend/Correct 52 MOTION to Amend/Correct [file Second Amended Complaint]. .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) (Entered: 04/11/2018) | ||
| 68 | Apr 11, 2018 | Request | MOTION to Amend/Correct . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein.(Mullin, Neil) (Entered: 04/11/2018) |
| 69 | Apr 11, 2018 | Request | DECLARATION of Neil Mullin in Support re: 68 MOTION to Amend/Correct .. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Attachments: # 1 Exhibit A to Mullin Declaration, # 2 Exhibit B to Mullin Declaration, # 3 Exhibit C to Mullin Declaration)(Mullin, Neil) (Entered: 04/11/2018) |
| 70 | Apr 11, 2018 | Request | MEMORANDUM OF LAW in Support re: 68 MOTION to Amend/Correct . . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 04/11/2018) |
| 71 | Apr 11, 2018 | Request | DECLARATION of Neil Mullin in Support re: 68 MOTION to Amend/Correct .. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Attachments: # 1 Exhibit B to Supplemental Mullin Declaration, # 2 Exhibit C to Supplemental Mullin Declaration)(Mullin, Neil) (Entered: 04/11/2018) |
| 72 | Apr 17, 2018 | Request | NOTICE of Filing Corrected Memorandum in Support of Motion to Dismiss, Or, in the Alternative, Compel Mediation and Arbitration re: 41 Memorandum of Law in Support of Motion. Document filed by Fox News Network LLC. (Attachments: # 1 Exhibit 1. Corrected Memorandum, # 2 Exhibit 2. Redline)(Terry, Joseph) (Entered: 04/17/2018) |
| 73 | Apr 20, 2018 | Request | REPLY MEMORANDUM OF LAW in Support re: 40 FIRST MOTION to Dismiss pursuant to FRCP 12(b)(6).FIRST MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16. . Document filed by Fox News Network LLC. (Attachments: # 1 Declaration of Joseph M. Terry, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Baine, Kevin) (Entered: 04/20/2018) |
| 74 | Apr 20, 2018 | View | REPLY MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss Pursuant to FRCP 12(b)(6). MOTION to Stay and Compel Arbitration Pursuant to 9 USC section 1 et seq.. . Document filed by Bill O'Reilly. (Bourne, Andrew) (Entered: 04/20/2018) |
| 75 | May 2, 2018 | Request | MOTION for Leave to File Sur-Reply Brief in further opposition to defendant O'Reilly's motion to dismiss. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein.(Mullin, Neil) (Entered: 05/02/2018) |
| 76 | May 2, 2018 | View | MEMORANDUM OF LAW in Support re: 75 MOTION for Leave to File Sur-Reply Brief in further opposition to defendant O'Reilly's motion to dismiss. . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 05/02/2018) |
| 77 | May 2, 2018 | Request | MOTION for Leave to File Sur-Reply Brief in further opposition to defendant Fox News Network LLC's motion to dismiss. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein.(Mullin, Neil) (Entered: 05/02/2018) |
| 78 | May 2, 2018 | View | MEMORANDUM OF LAW in Support re: 77 MOTION for Leave to File Sur-Reply Brief in further opposition to defendant Fox News Network LLC's motion to dismiss. . Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 05/02/2018) |
| 79 | May 2, 2018 | Request | DECLARATION of Neil Mullin in Support re: 77 MOTION for Leave to File Sur-Reply Brief in further opposition to defendant Fox News Network LLC's motion to dismiss.. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein. (Attachments: # 1 Exhibit 1 to Mullin Declaration)(Mullin, Neil) (Entered: 05/02/2018) |
| 80 | May 9, 2018 | Request | RESPONSE in Opposition to Motion re: 77 MOTION for Leave to File Sur-Reply Brief in further opposition to defendant Fox News Network LLC's motion to dismiss. . Document filed by Fox News Network LLC. (Baine, Kevin) (Entered: 05/09/2018) |
| 81 | Sep 25, 2018 | Request | ORDER terminating 40 Motion to Dismiss; terminating 40 Motion to Compel Arbitration; terminating 43 Motion to Dismiss; terminating 43 Motion to Stay; granting 68 Motion to Amend/Correct; denying 75 Motion for Leave to File Document; denying 77 Motion for Leave to File Document. Plaintiffs in the above-captioned case have filed a Motion to Amend/Correct the First Amended Complaint. (ECF No. 68.) Defendants do not oppose this motion. The Motion to file a Second Amended Complaint is GRANTED but should be filed separately for Plaintiff Bernstein and Plaintiffs Mackris and Diamond. Plaintiffs have also requested this Court for Leave to File "Sur-Replies" to Defendants' Motions to Dismiss the Proposed Second Amended Complaint. (ECF Nos. 75, 77.) This is DENIED. Rule 21 of the Federal Rules of Civil Procedure "permits a court, [on motion or on its own,] to add or drop parties to an action when doing so would serve the ends of justice and further the prompt and efficient disposition of the litigation." In re Merrill Lynch & Co. Research Reports Sec. Litig., 214 F.R.D. 152, 154 (S.D.N.Y. 2003) (citations omitted); Fed. R. Civ. P. 21."In exercising its discretion under Rule 21, the court must consider principles of fundamental fairness and judicial efficiency." Merril Lynch, 214 F.R.D. at 155 (citation omitted). This decision "is committed to the sound discretion of the trial court." Id. at 155 (citations omitted). Moreover, "it is within the sound discretion of the district court to grant or deny leave to amend." McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007) (internal citations omitted). Finally, a court "should freely give leave" to replead "when justice so requires." Fed. R. Civ. P. 15(a)(2). The posture of the three Plaintiffs is different because Plaintiff Bernstein does not have an arbitration clause while Plaintiffs Mackris and Diamond do have arbitration clauses. This Court concludes that it is in the best interests of justice to sever Plaintiff Bernstein's claims from Plaintiffs Mackris' and Diamond's claims. Accordingly, this Court: SEVERS the claims asserted by Defendant Bernstein from those asserted by Plaintiffs Mackris and Diamond; GRANTS Plaintiff Bernstein LEAVE TO REPLEAD her claims within 20 days of this Order; GRANTS Plaintiffs Mackris and Diamond LEAVE TO REPLEAD their claims within 20 days of this Order; and DENIES Plaintiffs' Motions to file Sur-Replies, but directs Defendants to move against or answer the Complaint of Plaintiff Bernstein and that of Plaintiffs Mackris and Diamond once filed. Should Defendants move against the Second Amended Complaint, Plaintiffs have 20 days from the date the Motion is filed to respond. The Clerk of Court is directed to close docket numbers 40, 43, 68, 75, and 77 in this case. SO ORDERED. (Signed by Judge Deborah A. Batts on 9/25/2018) (rro) (Entered: 09/25/2018) |
| 82 | Oct 3, 2018 | Request | FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -SECOND AMENDED COMPLAINT amending 10 Amended Complaint, against All Defendants with JURY DEMAND.Document filed by Rachel Witlieb Bernstein. Related document: 10 Amended Complaint,.(Mullin, Neil) Modified on 10/4/2018 (pc). (Entered: 10/03/2018) |
| 83 | Oct 3, 2018 | Request | SECOND AMENDED COMPLAINT amending 10 Amended Complaint, against Fox News Network LLC, Bill O'Reilly, Twenty-First Century Fox, Inc. with JURY DEMAND.Document filed by Rebecca Gomez Diamond, Andrea Mackris. Related document: 10 Amended Complaint,.(Mullin, Neil) (Entered: 10/03/2018) |
| Oct 4, 2018 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Neil Mullin to RE-FILE Document No. 82 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Amended 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. (pc) (Entered: 10/04/2018) | ||
| 84 | Oct 4, 2018 | Request | SECOND AMENDED COMPLAINT amending 10 Amended Complaint, 82 Amended Complaint, against Fox News Network LLC, Bill O'Reilly, Twenty-First Century Fox, Inc. with JURY DEMAND.Document filed by Rachel Witlieb Bernstein. Related document: 10 Amended Complaint, 82 Amended Complaint,.(Mullin, Neil) (Entered: 10/04/2018) |
| 85 | Oct 4, 2018 | Request | REQUEST FOR ISSUANCE OF SUMMONS as to Twenty-First Century Fox, Inc., re: 83 Amended Complaint,. Document filed by Rebecca Gomez Diamond, Andrea Mackris. (Mullin, Neil) Modified on 10/6/2018 (laq). Modified on 10/9/2018 (pne). (Entered: 10/04/2018) |
| 86 | Oct 4, 2018 | Request | REQUEST FOR ISSUANCE OF SUMMONS as to Twenty-First Century Fox, Inc., re: 84 Amended Complaint,. Document filed by Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 10/04/2018) |
| 87 | Oct 6, 2018 | Request | ELECTRONIC SUMMONS ISSUED as to Twenty-First Century Fox, Inc.. (laq) (Entered: 10/06/2018) |
| 88 | Oct 9, 2018 | Request | ELECTRONIC SUMMONS ISSUED as to Twenty-First Century Fox, Inc.. (pne) (Entered: 10/09/2018) |
| 89 | Oct 12, 2018 | Request | PROPOSED STIPULATION AND ORDER. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Terry, Joseph) (Entered: 10/12/2018) |
| 90 | Oct 12, 2018 | Request | PROPOSED STIPULATION AND ORDER. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Terry, Joseph) (Entered: 10/12/2018) |
| 91 | Oct 15, 2018 | Request | STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO AMENDED COMPLAINT: Defendants be granted an extension of time up to and including October 31, 2018 to serve an Answer, move or otherwise respond to the Second Amended Complaint (D.I. 84). Plaintiff be granted an extension of time up to and including November 30, 2018 to respond to any such motion that Defendants file. Defendants be granted an extension of time up to and including December 14, 2018 to reply to any such opposition brief that Plaintiffs file. This is the first request for an extension to respond to the Second Amended Complaint. Under Fed. R. Civ. P. 15, Defendants Fox News and O'Reilly may Answer, move, or otherwise respond by October 17, 2018. Newly-added Defendant 21CF may Answer, move, or respond within 60 days after receiving a waiver of service on October 10, 2018 and executing it, pursuant to Fed. R. Civ. P. 4(d), or December 11, 2018. The parties jointly request that the Court so order this request. No provision of this Stipulation and Order shall be construed as a waiver of any defense, all of which Defendants expressly reserve. So ORDERED. GRANTED. Parties are reminded that extension requests must be made a week in advance of the deadline for submission pursuant to this Court's individual rules of practice. (Fox News Network LLC answer due 10/31/2018; Bill O'Reilly answer due 10/31/2018; Twenty-First Century Fox, Inc. answer due 10/31/2018. Motions due by 10/31/2018. Responses due by 11/30/2018, Replies due by 12/14/2018.) (Signed by Judge Deborah A. Batts on 10/15/2018) (rro) (Entered: 10/15/2018) |
| 92 | Oct 15, 2018 | Request | STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO AMENDED COMPLAINT: It is hereby stipulated and agreed by the attorneys for the Plaintiffs, Andrea Maclais, and Rebecca Gomez Diamond, and Defendants, Fox News Network LLC ("Fox News"), Twenty-First Century Fox, Inc. ("21CF"), and Bill OReilly in the above action, that the schedule for briefing be the following: Defendants be granted an extension of time up to and including October 31, 2018 to serve an Answer, move or otherwise respond to the Second Amended Complaint (D.I. 83). Plaintiffs be granted an extension of time up to and including November 30, 2018 to respond to any such motion that Defendants file. Defendants be granted an extension of time up to and including December 14, 2018 to reply to any such opposition brief that Plaintiffs file. This is the first request for an extension to respond to the Second Amended Complaint. Under Fed. R. Civ. P. 15, Defendants Fox News and O'Reilly may Answer, move, or otherwise respond by October 17, 2018. Newly-added Defendant 21CF may Answer, move, or respond within 60 days after receiving a waiver of service on October 10, 2018 and executing it, pursuant to Fed. R. Civ. P. 4(d), or December 11, 2018. The parties jointly request that the Court so order this request. No provision of this Stipulation and Order shall be construed as a waiver of any defense, all of which Defendants expressly reserve. So ORDERED. GRANTED. Parties are reminded that extension requests must be made a week in advance of the deadline for submission pursuant to this Court's individual rules of practice. (Fox News Network LLC answer due 10/31/2018; Bill O'Reilly answer due 10/31/2018; Twenty-First Century Fox, Inc. answer due 10/31/2018. Motions due by 10/31/2018. Responses due by 11/30/2018, Replies due by 12/14/2018.) (Signed by Judge Deborah A. Batts on 10/15/2018) (rro) (Entered: 10/15/2018) |
| 93 | Oct 29, 2018 | Request | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Twenty-First Century Fox, Inc..(Baine, Kevin) (Entered: 10/29/2018) |
| 94 | Oct 29, 2018 | Request | NOTICE OF APPEARANCE by Kevin Taylor Baine on behalf of Twenty-First Century Fox, Inc.. (Baine, Kevin) (Entered: 10/29/2018) |
| 95 | Oct 29, 2018 | Request | NOTICE OF APPEARANCE by Joseph M. Terry on behalf of Twenty-First Century Fox, Inc.. (Terry, Joseph) (Entered: 10/29/2018) |
| 96 | Oct 29, 2018 | Request | NOTICE OF APPEARANCE by Jonathan Singh Sidhu on behalf of Twenty-First Century Fox, Inc.. (Sidhu, Jonathan) (Entered: 10/29/2018) |
| 97 | Oct 31, 2018 | Request | MOTION to Dismiss pursuant to FRCP 12(b)(6)., MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc..(Baine, Kevin) (Entered: 10/31/2018) |
| 98 | Oct 31, 2018 | Request | MEMORANDUM OF LAW in Support re: 97 MOTION to Dismiss pursuant to FRCP 12(b)(6). MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16. . Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Baine, Kevin) (Entered: 10/31/2018) |
| 99 | Oct 31, 2018 | View | DECLARATION of Joseph M. Terry in Support re: 97 MOTION to Dismiss pursuant to FRCP 12(b)(6). MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16.. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8)(Baine, Kevin) (Entered: 10/31/2018) |
| 100 | Oct 31, 2018 | View | MOTION to Dismiss pursuant to FRCP 12(b)(6). Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc..(Baine, Kevin) (Entered: 10/31/2018) |
| 101 | Oct 31, 2018 | View | MEMORANDUM OF LAW in Support re: 100 MOTION to Dismiss pursuant to FRCP 12(b)(6). . Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Baine, Kevin) (Entered: 10/31/2018) |
| 102 | Oct 31, 2018 | View | DECLARATION of Joseph M. Terry in Support re: 100 MOTION to Dismiss pursuant to FRCP 12(b)(6).. Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Baine, Kevin) (Entered: 10/31/2018) |
| 103 | Oct 31, 2018 | View | MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint. Document filed by Bill O'Reilly.(Melzer, Marc) (Entered: 10/31/2018) |
| 104 | Oct 31, 2018 | View | MEMORANDUM OF LAW in Support re: 103 MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint. . Document filed by Bill O'Reilly. (Melzer, Marc) (Entered: 10/31/2018) |
| 105 | Oct 31, 2018 | Request | DECLARATION of Andrew Bourne in Support re: 103 MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint.. Document filed by Bill O'Reilly. (Attachments: # 1 Exhibit Bourne Exhibit 1 - Bernstein Second Amended Complaint, # 2 Exhibit Bourne Exhibit 2 - Bernstein Settlement Agreement (as previously filed), # 3 Exhibit Bourne Exhibit 3 - April NYT Article, # 4 Exhibit Bourne Exhibit 4 - Reuters Article, # 5 Exhibit Bourne Exhibit 5 - Podcast Transcript)(Melzer, Marc) (Entered: 10/31/2018) |
| 106 | Oct 31, 2018 | Request | MOTION to Dismiss Plaintiffs Mackris's and Diamond's Second Amended Complaint., MOTION to Stay re: 83 Amended Complaint, pending arbitration. Document filed by Bill O'Reilly.(Melzer, Marc) (Entered: 10/31/2018) |
| 107 | Oct 31, 2018 | Request | MEMORANDUM OF LAW in Support re: 106 MOTION to Dismiss Plaintiffs Mackris's and Diamond's Second Amended Complaint. MOTION to Stay re: 83 Amended Complaint, pending arbitration. . Document filed by Bill O'Reilly. (Melzer, Marc) (Entered: 10/31/2018) |
| 108 | Oct 31, 2018 | Request | DECLARATION of Andrew Bourne in Support re: 106 MOTION to Dismiss Plaintiffs Mackris's and Diamond's Second Amended Complaint. MOTION to Stay re: 83 Amended Complaint, pending arbitration.. Document filed by Bill O'Reilly. (Attachments: # 1 Exhibit Bourne Exhibit 1 - Mackris, Diamond Second Amended Complaint, # 2 Exhibit Bourne Exhibit 2 - Mackris Agreement, # 3 Exhibit Bourne Exhibit 3 - Diamond Agreement, # 4 Exhibit Bourne Exhibit 4 - April NYT Article, # 5 Exhibit Bourne Exhibit 5 - Reuters Article, # 6 Exhibit Bourne Exhibit 6 - Podcast Transcript)(Melzer, Marc) (Entered: 10/31/2018) |
| 109 | Nov 28, 2018 | Request | LETTER MOTION for Extension of Time to File Response/Reply as to 97 MOTION to Dismiss pursuant to FRCP 12(b)(6). MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16., 102 Declaration in Support of Motion, 104 Memorandum of Law in Support of Motion, 98 Memorandum of Law in Support of Motion, 107 Memorandum of Law in Support of Motion, 101 Memorandum of Law in Support of Motion, 106 MOTION to Dismiss Plaintiffs Mackris's and Diamond's Second Amended Complaint. MOTION to Stay re: 83 Amended Complaint, pending arbitration., 99 Declaration in Support of Motion, 103 MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint., 108 Declaration in Support of Motion,, 105 Declaration in Support of Motion,, 100 MOTION to Dismiss pursuant to FRCP 12(b)(6). addressed to Judge Deborah A. Batts from Neil Mullin, Esq. dated 11/28/2018. Document filed by Rebecca Gomez Diamond, Andrea Mackris, Rachel Witlieb Bernstein.(Mullin, Neil) (Entered: 11/28/2018) |
| 110 | Nov 29, 2018 | Request | ORDER granting 109 Letter Motion for Extension of Time to File Response/Reply re 106 MOTION to Dismiss Plaintiffs Mackris's and Diamond's Second Amended Complaint. MOTION to Stay re: 83 Amended Complaint, pending arbitration., 97 MOTION to Dismiss pursuant to FRCP 12(b)(6). MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16., 100 MOTION to Dismiss pursuant to FRCP 12(b)(6)., 103 MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint. Responses due by 12/7/2018 Replies due by 12/21/2018. GRANTED. SO ORDERED. (Signed by Judge Deborah A. Batts on 11/29/2018) (rro) (Entered: 11/29/2018) |
| 111 | Dec 7, 2018 | Request | THIRD MOTION to Amend/Correct 103 MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint., 100 MOTION to Dismiss pursuant to FRCP 12(b)(6). . Document filed by Rachel Witlieb Bernstein.(Mullin, Neil) (Entered: 12/07/2018) |
| 112 | Dec 7, 2018 | Request | DECLARATION of Neil Mullin in Support re: 111 THIRD MOTION to Amend/Correct 103 MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint., 100 MOTION to Dismiss pursuant to FRCP 12(b)(6). .. Document filed by Rachel Witlieb Bernstein. (Attachments: # 1 Exhibit A to Mullin Declaration)(Mullin, Neil) (Entered: 12/07/2018) |
| 113 | Dec 7, 2018 | View | MEMORANDUM OF LAW in Support re: 111 THIRD MOTION to Amend/Correct 103 MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint., 100 MOTION to Dismiss pursuant to FRCP 12(b)(6). . . Document filed by Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 12/07/2018) |
| 114 | Dec 7, 2018 | View | MEMORANDUM OF LAW in Opposition re: 106 MOTION to Dismiss Plaintiffs Mackris's and Diamond's Second Amended Complaint. MOTION to Stay re: 83 Amended Complaint, pending arbitration., 97 MOTION to Dismiss pursuant to FRCP 12(b)(6). MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16. . Document filed by Rebecca Gomez Diamond, Andrea Mackris. (Mullin, Neil) (Entered: 12/07/2018) |
| 115 | Dec 7, 2018 | View | DECLARATION of Neil Mullin in Opposition re: 97 MOTION to Dismiss pursuant to FRCP 12(b)(6). MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16., 106 MOTION to Dismiss Plaintiffs Mackris's and Diamond's Second Amended Complaint. MOTION to Stay re: 83 Amended Complaint, pending arbitration.. Document filed by Rebecca Gomez Diamond, Andrea Mackris. (Attachments: # 1 Exhibit A to Mullin Declaration, # 2 Exhibit B to Mullin Declaration, # 3 Exhibit C to Mullin Declaration, # 4 Exhibit D to Mullin Declaration, # 5 Exhibit E to Mullin Declaration, # 6 Exhibit F to Mullin Declaration, # 7 Exhibit G to Mullin Declaration, # 8 Exhibit H to Mullin Declaration, # 9 Exhibit I to Mullin Declaration, # 10 Exhibit J to Mullin Declaration, # 11 Exhibit K to Mullin Declaration, # 12 Exhibit L to Mullin Declaration, # 13 Exhibit M to Mullin Declaration, # 14 Exhibit N to Mullin Declaration, # 15 Exhibit O to Mullin Declaration, # 16 Exhibit P to Mullin Declaration, # 17 Exhibit Q to Mullin Declaration, # 18 Exhibit R to Mullin Declaration)(Mullin, Neil) (Entered: 12/07/2018) |
| 116 | Dec 7, 2018 | View | MEMORANDUM OF LAW in Opposition re: 100 MOTION to Dismiss pursuant to FRCP 12(b)(6). . Document filed by Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 12/07/2018) |
| 117 | Dec 7, 2018 | Request | DECLARATION of Neil Mullin in Opposition re: 100 MOTION to Dismiss pursuant to FRCP 12(b)(6).. Document filed by Rachel Witlieb Bernstein. (Attachments: # 1 Exhibit A to Mullin Declaration, # 2 Exhibit B to Mullin Dec., # 3 Exhibit C to Mullin Dec., # 4 Exhibit D to Mullin Dec., # 5 Exhibit E to Mullin Dec., # 6 Exhibit F to Mullin Dec., # 7 Exhibit G to Mullin Dec., # 8 Exhibit H to Mullin Dec., # 9 Exhibit I to Mullin Dec., # 10 Exhibit J to Mullin Dec., # 11 Exhibit K to Mullin Dec., # 12 Exhibit L to Mullin Dec., # 13 Exhibit M to Mullin Dec., # 14 Exhibit N to Mullin Dec., # 15 Exhibit O to Mullin Dec.)(Mullin, Neil) (Entered: 12/07/2018) |
| 118 | Dec 7, 2018 | View | MEMORANDUM OF LAW in Opposition re: 103 MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint. . Document filed by Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 12/07/2018) |
| 119 | Dec 7, 2018 | View | DECLARATION of Neil Mullin in Opposition re: 103 MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint.. Document filed by Rachel Witlieb Bernstein. (Attachments: # 1 Exhibit A to Mullin Declaration, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Mullin, Neil) (Entered: 12/07/2018) |
| 120 | Dec 7, 2018 | Request | MEMORANDUM OF LAW in Opposition re: 106 MOTION to Dismiss Plaintiffs Mackris's and Diamond's Second Amended Complaint. MOTION to Stay re: 83 Amended Complaint, pending arbitration., 97 MOTION to Dismiss pursuant to FRCP 12(b)(6). MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16. . Document filed by Rebecca Gomez Diamond, Andrea Mackris. (Mullin, Neil) (Entered: 12/07/2018) |
| 121 | Dec 18, 2018 | Request | LETTER MOTION for Leave to File Excess Pages for Reply Memoranda of Law addressed to Judge Deborah A. Batts from Andrew N. Bourne dated December 18, 2018. Document filed by Fox News Network LLC, Bill O'Reilly, Twenty-First Century Fox, Inc..(Bourne, Andrew) (Entered: 12/18/2018) |
| 122 | Dec 20, 2018 | Request | ORDER granting 121 Letter Motion for Leave to File Excess Pages. GRANTED. SO ORDERED. (Signed by Judge Deborah A. Batts on 12/20/2018) (rro) (Entered: 12/20/2018) |
| 123 | Dec 21, 2018 | View | REPLY MEMORANDUM OF LAW in Support re: 100 MOTION to Dismiss pursuant to FRCP 12(b)(6). . Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Baine, Kevin) (Entered: 12/21/2018) |
| 124 | Dec 21, 2018 | Request | REPLY MEMORANDUM OF LAW in Support re: 97 MOTION to Dismiss pursuant to FRCP 12(b)(6). MOTION to Compel Arbitration pursuant to FAA, 9 USC 1-16. . Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Baine, Kevin) (Entered: 12/21/2018) |
| 125 | Dec 21, 2018 | Request | MEMORANDUM OF LAW in Opposition re: 111 THIRD MOTION to Amend/Correct 103 MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint., 100 MOTION to Dismiss pursuant to FRCP 12(b)(6). . . Document filed by Fox News Network LLC, Twenty-First Century Fox, Inc.. (Baine, Kevin) (Entered: 12/21/2018) |
| 126 | Dec 21, 2018 | View | REPLY MEMORANDUM OF LAW in Support re: 111 THIRD MOTION to Amend/Correct 103 MOTION to Dismiss Plaintiff Bernstein's Second Amended Complaint., 100 MOTION to Dismiss pursuant to FRCP 12(b)(6). . . Document filed by Bill O'Reilly. (Bourne, Andrew) (Entered: 12/21/2018) |
| 127 | Dec 21, 2018 | Request | REPLY MEMORANDUM OF LAW in Support re: 106 MOTION to Dismiss Plaintiffs Mackris's and Diamond's Second Amended Complaint. MOTION to Stay re: 83 Amended Complaint, pending arbitration. . Document filed by Bill O'Reilly. (Bourne, Andrew) (Entered: 12/21/2018) |
| 128 | Mar 5, 2019 | View | MEMORANDUM & ORDER granting 100 Motion to Dismiss; granting 103 Motion to Dismiss; denying 111 Motion to Amend/Correct. It is HEREBY ORDERED that: 1.) OReilly's Motion to Dismiss Plaintiff's SAC is GRANTED; 2.) The Fox Defendants' Motion to Dismiss Plaintiff's SAC is GRANTED; 3.) Plaintiff's Motion to File a Third Amended Complaint is DENIED; 4.) Plaintiff may replead her defamation and breach of contract claims ONLY against Defendant O'Reilly within 45 days of this Order; and 5.) The Clerk of Court is directed to close docket numbers 100, 103, and 111 in this case. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/5/2019) (ks) (Entered: 03/05/2019) |
| 129 | Mar 6, 2019 | View | ORDER granting 97 Motion to Dismiss; granting 97 Motion to Compel Arbitration; dismissing 106 Motion to Dismiss; dismissing without prejudice 106 Letter Motion to Stay. For the reasons set forth above, O'Reilly's and the Fox Defendants' Motions to Compel Arbitration are GRANTED; the threshold question, whether these disputes are subject to arbitration, is delegated to the arbitrator. O'Reilly's and the Fox Defendants' Motions to Dismiss are DISMISSED without prejudice. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/6/2019) (ks) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/06/2019) |
| Mar 8, 2019 | ***DELETED DOCUMENT. Deleted document number 130 CLERK'S JUDGMNET. The document was incorrectly filed in this case. The case is still pending. (dt) (Entered: 03/26/2019) | ||
| 130 | Apr 11, 2019 | Request | SECOND AMENDED COMPLAINT amending 84 Amended Complaint, against Bill O'Reilly with JURY DEMAND.Document filed by Rachel Witlieb Bernstein. Related document: 84 Amended Complaint,.(Mullin, Neil) (Entered: 04/11/2019) |
| 131 | Apr 23, 2019 | Request | NOTICE of Withdrawal as Attorney. Document filed by Bill O'Reilly. (Brod, Julian) (Entered: 04/23/2019) |
| 132 | Apr 25, 2019 | Request | MOTION to Dismiss . Document filed by Bill O'Reilly.(Bourne, Andrew) (Entered: 04/25/2019) |
| 133 | Apr 25, 2019 | Request | DECLARATION of Andrew N. Bourne in Support re: 132 MOTION to Dismiss .. Document filed by Bill O'Reilly. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Bourne, Andrew) (Entered: 04/25/2019) |
| 134 | Apr 25, 2019 | View | MEMORANDUM OF LAW in Support re: 132 MOTION to Dismiss . . Document filed by Bill O'Reilly. (Bourne, Andrew) (Entered: 04/25/2019) |
| 135 | May 1, 2019 | Request | MEMO ENDORSEMENT on re: 131 Notice (Other) filed by Bill O'Reilly. ENDORSEMENT: SO ORDERED. (Attorney Julian S. Brod terminated.) (Signed by Judge Deborah A. Batts on 5/1/2019) (rro) (Entered: 05/01/2019) |
| 136 | May 2, 2019 | Request | FIRST MOTION for Extension of Time to File Response/Reply as to 133 Declaration in Support of Motion, 132 MOTION to Dismiss ., 134 Memorandum of Law in Support of Motion . Document filed by Rachel Witlieb Bernstein.(Mullin, Neil) (Entered: 05/02/2019) |
| 137 | May 3, 2019 | Request | ORDER granting 136 Letter Motion for Extension of Time to File Response/Reply re 132 MOTION to Dismiss. Responses due by 5/17/2019. GRANTED. SO ORDERED. (Signed by Judge Deborah A. Batts on 5/3/2019) (rro) (Entered: 05/03/2019) |
| 138 | May 16, 2019 | Request | FIRST MEMORANDUM OF LAW in Opposition re: 132 MOTION to Dismiss . . Document filed by Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 05/16/2019) |
| 139 | May 16, 2019 | Request | DECLARATION of Neil Mullin, Esq. in Opposition re: 132 MOTION to Dismiss .. Document filed by Rachel Witlieb Bernstein. (Mullin, Neil) (Entered: 05/16/2019) |
| 140 | May 23, 2019 | Request | REPLY MEMORANDUM OF LAW in Support re: 132 MOTION to Dismiss . . Document filed by Bill O'Reilly. (Bourne, Andrew) (Entered: 05/23/2019) |
| 141 | Aug 22, 2019 | Request | MANDATE of USCA (Certified Copy) USCA Case Number 19-0793. Petitioners request a writ of mandamus. Upon due consideration, it is hereby ORDERED that the petition is DENIED because Petitioners have not demonstrated that their right to the writ is clear and indisputable, or that granting the writ is appropriate under the circumstances. See Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 38081 (2004).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/22/2019. (nd) (Entered: 08/22/2019) |
| 142 | Sep 26, 2019 | View | MEMORANDUM & ORDER granting 132 Motion to Dismiss. For the reasons set forth above O'Reilly's Motion to Dismiss is GRANTED in its entirety. The TAC is DISMISSED IN ITS ENTIRETY WITH PREJUDICE. The Clerk of Court is directed to close the docket # 132 in this case and to terminate this matter. (Signed by Judge Deborah A. Batts on 9/26/2019) (rro) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/26/2019) |
| 143 | Sep 26, 2019 | Request | CLERK'S JUDGMENT re: 142 Order on Motion to Dismiss. in favor of Bill O'Reilly against Andrea Mackris, Rachel Witlieb Bernstein, Rebecca Gomez Diamond. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated September 26, 2019, OReilly's motion to dismiss is granted in its entirety; the TAC is dismissed in its entirety with prejudice; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 09/26/2019) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 09/26/2019) |