Herring Networks, INC v. Maddow (3:19-cv-01713)

District Court, S.D. California

Date Filed
Description

1

Sep 9, 2019

COMPLAINT with Jury Demand against Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC ( Filing fee $ 400 receipt number 0974-12918821.), filed by Herring Networks, INC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit D)The new case number is 3:19-cv-01713-JAH-BGS. Judge John A. Houston and Magistrate Judge Bernard G. Skomal are assigned to the case. (Siegel, Amnon)(sxa) (Additional attachment(s) added on 9/9/2019: # 5 Exhibit C) (sxa). (jao). (Entered: 09/09/2019)

Att 1

Civil Cover Sheet

Att 3

Exhibit B

Att 4

Exhibit D

Att 5

Exhibit C

2

Sep 9, 2019

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (sxa) (jao). (Entered: 09/09/2019)

3

Sep 9, 2019

NOTICE of Party With Financial Interest by Herring Networks, INC re 1 Complaint . Identifying Other Affiliate Comcast Corporation, Other Affiliate Rachel Maddow, Other Affiliate Herring Networks, Inc., Other Affiliate NBC Universal Media, LLC, Other Affiliate MSNBC Cable, L.L.C. for Herring Networks, INC. (Siegel, Amnon) (tcf). (Entered: 09/09/2019)

4

Sep 9, 2019

Corporate Disclosure Statement by Herring Networks, INC. (Siegel, Amnon) (tcf). (Entered: 09/09/2019)

5

Sep 11, 2019

MINUTE ORDER OF RECUSAL. Judge John A. Houston is no longer assigned. Case reassigned to Judge Cynthia Bashant for all further proceedings. The new case number is 19cv1713-BAS-BGS.(no document attached) (cdw) (Entered: 09/11/2019)

Main Doc

Order of Judge Transfer

Sep 11, 2019

Order of Judge Transfer

6

Sep 16, 2019

SUMMONS Returned Executed by Herring Networks, INC. NBCUniversal Media, LLC served. (Siegel, Amnon). (jah). (Entered: 09/16/2019)

7

Sep 16, 2019

SUMMONS Returned Executed by Herring Networks, INC. MSNBC Cable, LLC served. (Siegel, Amnon). (jah). (Entered: 09/16/2019)

8

Sep 17, 2019

SUMMONS Returned Executed by Herring Networks, INC. Comcast Corporation served. (Siegel, Amnon). (jah). (Entered: 09/17/2019)

9

Sep 18, 2019

ORDER OF JUDGE TRANSFER. This case transferred from the calendar of the Honorable Bernard G. Skomal to the calendar of the Honorable Allison H. Goddard for all further proceedings. All pending dates including discovery deadlines, hearings, and conferences before Judge Skomal, if any, remain unchanged until further order and are now set before Judge Goddard. Any dates set before any district judge remain unchanged. Magistrate Judge Bernard G. Skomal is no longer assigned. Case reassigned to Magistrate Judge Allison H. Goddard. The new case number is 19cv1713-BAS-AHG. Signed by Magistrate Judge Bernard G. Skomal on 9/18/2019. (jah) (Entered: 09/19/2019)

10

Sep 26, 2019

SUMMONS Returned Executed by Herring Networks, INC. Rachel Maddow served. (Siegel, Amnon). (jah). (Entered: 09/26/2019)

11

Oct 2, 2019

Joint MOTION for Extension of Time to File Answer re 1 Complaint by Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC. (Edelman, Scott). Attorney Scott Alan Edelman added to party Comcast Corporation(pty:dft), Attorney Scott Alan Edelman added to party MSNBC Cable, LLC(pty:dft), Attorney Scott Alan Edelman added to party Rachel Maddow(pty:dft), Attorney Scott Alan Edelman added to party NBCUniversal Media, LLC(pty:dft). Modified on 10/3/2019 - Wrong event. QC Email sent. Corrected entry and added link to Complaint (jah). (Entered: 10/02/2019)

Main Doc

Motion for Extension of Time to File Answer

12

Oct 2, 2019

NOTICE of Party With Financial Interest by Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC. Identifying Corporate Parent Comcast Corporation for MSNBC Cable, LLC, NBCUniversal Media, LLC. (Edelman, Scott). (jah). (Entered: 10/02/2019)

13

Oct 3, 2019

ORDER granting 11 Joint Motion for Extension of Time to Answer re 1 Complaint. Defendants Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, and NBCUniversal Media, LLC shall answer to the Complaint by 10/21/2019. Signed by Judge Cynthia Bashant on 10/3/2019. (jah) (Entered: 10/03/2019)

Main Doc

Order on Motion for Extension of Time to Answer

14

Oct 8, 2019

NOTICE of Appearance by Theodore Joseph Boutrous, Jr on behalf of Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC (Boutrous, Theodore)Attorney Theodore Joseph Boutrous, Jr added to party Comcast Corporation(pty:dft), Attorney Theodore Joseph Boutrous, Jr added to party MSNBC Cable, LLC(pty:dft), Attorney Theodore Joseph Boutrous, Jr added to party Rachel Maddow(pty:dft), Attorney Theodore Joseph Boutrous, Jr added to party NBCUniversal Media, LLC(pty:dft). (jah). (Entered: 10/08/2019)

Main Doc

Notice of Appearance

15

Oct 8, 2019

NOTICE of Appearance by Scott Alan Edelman on behalf of Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC (Edelman, Scott). (jah). (Entered: 10/08/2019)

Main Doc

Notice of Appearance

16

Oct 8, 2019

NOTICE of Appearance by Theane E. Kapur on behalf of Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC (Kapur, Theane)Attorney Theane E. Kapur added to party Comcast Corporation(pty:dft), Attorney Theane E. Kapur added to party MSNBC Cable, LLC(pty:dft), Attorney Theane E. Kapur added to party Rachel Maddow(pty:dft), Attorney Theane E. Kapur added to party NBCUniversal Media, LLC(pty:dft). (jah). (Entered: 10/08/2019)

Main Doc

Notice of Appearance

17

Oct 8, 2019

NOTICE of Appearance by Nathaniel Lesser Bach on behalf of Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC (Bach, Nathaniel)Attorney Nathaniel Lesser Bach added to party Comcast Corporation(pty:dft), Attorney Nathaniel Lesser Bach added to party MSNBC Cable, LLC(pty:dft), Attorney Nathaniel Lesser Bach added to party Rachel Maddow(pty:dft), Attorney Nathaniel Lesser Bach added to party NBCUniversal Media, LLC(pty:dft). (jah). (Entered: 10/08/2019)

Main Doc

Notice of Appearance

18

Oct 21, 2019

Special MOTION to Strike 1 Complaint by Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit A, Request for Judicial Notice, # 4 Notice of Lodging)(Boutrous, Theodore). Modified on 10/22/2019 - Removed duplicate text (jah). (Entered: 10/21/2019)

19

Dec 2, 2019

RESPONSE in Opposition re 18 Special MOTION to Strike 1 Complaint filed by Herring Networks, INC. (Attachments: # 1 Declaration Declaration of Charles Herring in Support of Plaintiff's Opposition to Defendants Motion to Strike, # 2 Exhibit Exhibit A - Declaration of Charles Herring, # 3 Declaration Declaration of Professor Stefan Th. Gries in Support of Plaintiff's Opposition to Defendants Motion to Strike, # 4 Exhibit Exhibit A - Declaration of Professor Gries, # 5 Exhibit Exhibit B - Declaration of Professor Gries, # 6 Declaration Declaration of Amnon Siegel in Support of Plaintiff's Opposition to Defendant's Motion to Strike, # 7 Exhibit Exhibit A - Declaration of Amnon Siegel, # 8 Exhibit Exhibit B - Declaration of Amnon Siegel, # 9 Exhibit Exhibit C - Declaration of Amnon Siegel, # 10 Exhibit Exhibit D - Declaration of Amnon Siegel, # 11 Exhibit Exhibit E - Declaration of Amnon Siegel)(Siegel, Amnon). (jah). (Entered: 12/02/2019)

Att 1

Declaration Declaration of Charles Herring in Support of Plaintiff's Opposi

Exhibit Exhibit A - Declaration of Charles Herring

Declaration Declaration of Professor Stefan Th. Gries in Support of Plaintiff�

Exhibit Exhibit A - Declaration of Professor Gries

Exhibit Exhibit B - Declaration of Professor Gries

Declaration Declaration of Amnon Siegel in Support of Plaintiff's Oppositio

Exhibit Exhibit A - Declaration of Amnon Siegel

Att 8

Exhibit Exhibit B - Declaration of Amnon Siegel

Att 9

Exhibit Exhibit C - Declaration of Amnon Siegel

Att 10

Exhibit Exhibit D - Declaration of Amnon Siegel

Att 11

Exhibit Exhibit E - Declaration of Amnon Siegel

20

Dec 9, 2019

REPLY to Response to Motion re 18 Special MOTION to Strike 1 Complaint filed by Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC. (Boutrous, Theodore) (Entered: 12/09/2019)

21

Dec 11, 2019

Ex Parte MOTION to Supplement the Record in Opposition to Defendants' Special Motion to Strike; Memorandum of Points and Authorities (Based on New Evidence) by Herring Networks, INC. (Attachments: # 1 Declaration Declaration of Amnon Z. Siegel, # 2 Notice Notice of Lodging)(Siegel, Amnon) (Entered: 12/11/2019)

22

Dec 13, 2019

RESPONSE in Opposition re 21 Ex Parte MOTION to Supplement the Record in Opposition to Defendants' Special Motion to Strike; Memorandum of Points and Authorities (Based on New Evidence) filed by Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC. (Boutrous, Theodore) (Entered: 12/13/2019)

23

Feb 27, 2020

ORDER Setting Oral Argument (ECF No. 18 ). Oral argument Hearing set for 3/13/2020 at 09:30 AM before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 2/27/20.(jmo) (dlg). (Entered: 02/27/2020)

24

Feb 27, 2020

Joint MOTION and Stipulation to Reschedule Oral Argument by Herring Networks, INC. (Siegel, Amnon) (jmo). (Entered: 02/27/2020)

25

Feb 28, 2020

ORDER Granting Joint Motion to Continue Oral Argument (ECF No. 24 ). Oral argument Hearing set for 3/13/20 is continued to 3/26/2020 at 10:00 AM before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 2/28/20. (jmo) (dlg). (Entered: 02/28/2020)

Order on Motion for Miscellaneous (Other 1)

26

Mar 16, 2020

ORDER Continuing Oral Argument (ECF No. 24 ). Oral argument on Defendants' Special Motion to Strike 18 set for 3/26/20 is continued to 5/19/2020 at 10:30 AM before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 3/16/20.(jmo) (dlg). (Entered: 03/16/2020)

27

Apr 22, 2020

ORDER Converting Oral Argument to Telephonic Hearing. The telephonic hearing is set for 5/19/20 at 10:30 a.m. Signed by Judge Cynthia Bashant on 4/22/20.(jmo) (dlg). (Entered: 04/22/2020)

28

May 19, 2020

Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 5/19/2020 re 18 Special MOTION to Strike 1 Complaint filed by Comcast Corporation, Rachel Maddow, NBCUniversal Media, LLC, MSNBC Cable, LLC and 21 Ex Parte MOTION to Supplement the Record in Opposition to Defendants' Special Motion to Strike filed by Herring Networks, INC. Court to issue order. (Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Amnon Siegel and Louis Miller). (Defendant Attorney Theodore Boutrous, Scott Edelman, and Theane Evangelis). (no document attached) (sxm) (Entered: 05/19/2020)

Main Doc

Motion Hearing

May 19, 2020

Motion Hearing

29

May 19, 2020

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 5/19/2020 before Judge Cynthia Bashant. Court Reporter/Transcriber: Dana Peabody. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020. (akr) (Entered: 05/20/2020)

Main Doc

Transcript

30

May 22, 2020

ORDER Granting Defendant's Special Motion to Strike (ECF No. 18 ). The court denies Plaintiff's ex parte motion (ECF No. 21 ). Defendants may file a motion for attorney's fees and costs. The motion is to be referred to Magistrate Judge Goddard. The complaint is dismissed with prejudice. After Defendants motion for attorneys fees is resolved, the Court will instruct the Clerk to close this case. Signed by Judge Cynthia Bashant on 5/22/20. (jmo) (Entered: 05/22/2020)

31

Jun 2, 2020

NOTICE OF APPEAL to the 9th Circuit as to 30 Order Granting Defendant's Special Motion to Strike by Herring Networks, Inc. (Filing fee $505 receipt number ACASDC-13951793.) (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Siegel, Amnon). (Modified on 6/2/2020: Edited docket text re linked Order.) (akr). (Entered: 06/02/2020)

32

Jun 3, 2020

USCA Case Number 20-55579 for 31 Notice of Appeal to the 9th Circuit filed by Herring Networks, Inc. (akr) (Entered: 06/03/2020)

33

Jun 3, 2020

USCA Time Schedule Order as to 31 Notice of Appeal to the 9th Circuit filed by Herring Networks, Inc. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 7/2/2020 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 8/3/2020.) (cc: Court Reporter). (Attachments: # 1 Transcript Designation and Ordering Form). (akr) (Entered: 06/03/2020)

34

Jun 5, 2020

TRANSCRIPT DESIGNATION AND ORDERING FORM by Herring Networks, Inc., for proceedings held on 5/19/2020 re 31 Notice of Appeal to the 9th Circuit. (Siegel, Amnon). (Modified on 6/5/2020: Added designated hearing date to the docket text.) (akr). (Entered: 06/05/2020)

Transcript Designation and Ordering Form

35

Jun 5, 2020

MOTION for Attorney Fees and Costs by Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC. (Attachments: # 1 Memo of Points and Authorities in Support of Motion for Attorneys' Fees and Costs, # 2 Declaration of Scott A. Edelman, # 3 Exhibit A to Edelman Declaration, # 4 Exhibit B to Edelman Declaration, # 5 Exhibit C to Edelman Declaration, # 6 Exhibit D to Edelman Declaration, # 7 Exhibit E to Edelman Declaration, # 8 Exhibit F to Edelman Declaration, # 9 Exhibit G to Edelman Declaration, # 10 Exhibit H to Edelman Declaration, # 11 Exhibit I to Edelman Declaration)(Edelman, Scott) (jmo). (Entered: 06/05/2020)

36

Jun 8, 2020

ORDER Setting Briefing Schedule (ECF No. 35 ). Plaintiff's opposition to Defendants' motion is due on or before 6/26/2020. Defendants' reply brief is due on or before 7/10/2020. Signed by Magistrate Judge Allison H. Goddard on 6/8/20.(jmo) (dlg). (Entered: 06/08/2020)

37

Jun 26, 2020

RESPONSE in Opposition re 35 MOTION for Attorney Fees and Costs filed by Herring Networks, INC. (Attachments: # 1 Declaration Declaration of Amnon Z. Siegel in Support of Opposition, # 2 Exhibit Exhibit A to Declaration of Amnon Z. Siegel in Support of Opposition, # 3 Exhibit Exhibit B to Declaration of Amnon Z. Siegel in Support of Opposition, # 4 Supplement Evidentiary Objections in Support of Opposition)(Siegel, Amnon) (jmo). (Entered: 06/26/2020)

Att 1

Declaration Declaration of Amnon Z. Siegel in Support of Opposition

Att 2

Exhibit Exhibit A to Declaration of Amnon Z. Siegel in Support of Opposition

Att 3

Exhibit Exhibit B to Declaration of Amnon Z. Siegel in Support of Opposition

Att 4

Supplement Evidentiary Objections in Support of Opposition

38

Jul 9, 2020

REPLY to Response to Motion re 35 MOTION for Attorney Fees and Costs filed by Comcast Corporation, MSNBC Cable, LLC, Rachel Maddow, NBCUniversal Media, LLC. (Attachments: # 1 Declaration of Scott A. Edelman, # 2 Exhibit A to the Declaration of Scott A. Edelman, # 3 Exhibit B to the Declaration of Scott A. Edelman)(Edelman, Scott) (dlg). (Entered: 07/09/2020)

Att 1

Declaration of Scott A. Edelman

Att 2

Exhibit A to the Declaration of Scott A. Edelman

Att 3

Exhibit B to the Declaration of Scott A. Edelman

39

Jul 10, 2020

REPLY to Response to Motion re 35 MOTION for Attorney Fees and Costs - Objection to New Evidence Submitted with Defendants' Reply in Support of Motion for Attorneys' Fees and Costs filed by Herring Networks, INC. (Siegel, Amnon) (jmo). (Entered: 07/10/2020)

40

Feb 5, 2021

ORDER granting in Part and Denying in Part 35 Defendants' Motion for Attorney fees and Costs. Signed by Magistrate Judge Allison H. Goddard on 2/5/2021. (sjt) (Entered: 02/05/2021)

41

Feb 5, 2021

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that The Court Grants Defendants Special Motion to Strike. The Complaint is dismissed with prejudice.(sjt) (Entered: 02/05/2021)

Newsletter

Sign up to receive the Free Law Project newsletter with tips and announcements.