1:07-cv-01532-EGS-JMF FELD ENTERTAINMENT, INC. v. ANIMAL WELFARE INSTITUTE,et al
Emmet G. Sullivan, presiding
John M. Facciola, referral
Date filed: 08/28/2007

History

Doc.
No.
Dates Description
 
Filed: 08/28/2007
Entered: 08/29/2007
Summons Issued
Docket Text: Summons (6) Issued as to AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, TOM RIDER, ANIMAL PROTECTION INSTITUTE, WILDLIFE ADVOCACY PROJECT. (tg, )
1
Filed: 08/28/2007
Entered: 08/29/2007
Complaint
Docket Text: COMPLAINT against AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, TOM RIDER, ANIMAL PROTECTION INSTITUTE, WILDLIFE ADVOCACY PROJECT ( Filing fee $ 350, receipt number 4616006464) filed by FELD ENTERTAINMENT, INC. (Attachments: # (1) Civil Cover Sheet)(tg, )
2
Filed: 08/28/2007
Entered: 08/29/2007
LCvR 7.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests
Docket Text: LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FELD ENTERTAINMENT, INC. (tg, )
 
Filed & Entered:  09/12/2007
Order on Motion for Extension of Time to
Docket Text: MINUTE ORDER granting [3] Defendants' Unopposed Motion for an Extension of Time in Which to File a Response to Feld Entertainment's Second RICO Suit. Defendants' answer or other response to Plaintiffs' complaint is due by no later than October 25, 2007. Based on Defendants' representations in their motion that they intend to file a motion to stay all proceedings, the Court sua sponte sets the following briefing schedule for any motion to stay proceedings: Defendants' motion to stay is due by no later than September 25, 2007; plaintiffs' response to the motion to stay is due by no later than October 9, 2007; defendants' reply, if any, is due by no later than October 23, 2007. Signed by Judge Emmet G. Sullivan on September 12, 2007. (lcegs2)
3
Filed & Entered:  09/12/2007
Terminated: 09/12/2007
Motion for Extension of Time to
Docket Text: Unopposed MOTION for Extension of Time to File A Response To The Complaint by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, TOM RIDER, ANIMAL PROTECTION INSTITUTE (Attachments: # (1) Text of Proposed Order)(Crystal, Howard)
 
Filed & Entered:  09/13/2007
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Answer due by 10/25/2007.,Motions due by 9/25/2007.,Responses due by 10/9/2007,Replies due by 10/23/2007. (clv, )
4
Filed & Entered:  09/24/2007
Notice of Appearance
Docket Text: NOTICE of Appearance by George A. Gasper on behalf of FELD ENTERTAINMENT, INC. (Gasper, George)
5
Filed & Entered:  09/25/2007
Terminated: 11/07/2007
Motion to Stay
Docket Text: MOTION to Stay Temporarily All Proceedings And Supporting Memorandum by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, TOM RIDER, ANIMAL PROTECTION INSTITUTE (Attachments: # (1) Exhibit 1 # (2) Text of Proposed Order)(Crystal, Howard)
6
Filed & Entered:  10/09/2007
Memorandum in Opposition
Docket Text: Memorandum in opposition to re [5] MOTION to Stay Temporarily All Proceedings And Supporting Memorandum filed by FELD ENTERTAINMENT, INC.. (Attachments: # (1) Exhibit Index # (2) Exhibit 1 # (3) Exhibit 2 # (4) Exhibit 3 # (5) Exhibit 4 # (6) Exhibit 5 # (7) Exhibit 6# (8) Exhibit 7 # (9) Exhibit 8# (10) Exhibit 9 # (11) Exhibit 10 # (12) Exhibit 11 # (13) Exhibit 12 # (14) Exhibit 13 # (15) Exhibit 14 # (16) Exhibit 15 # (17) Exhibit 16 # (18) Text of Proposed Order)(Pardo, Michelle)
 
Filed & Entered:  10/12/2007
Order on Motion for Extension of Time to
Docket Text: MINUTE ORDER granting [7] defendant's Expedited Motion for a Further Extension of Time to Respond to Feld Entertainment's Second RICO Suit. Defendant's response shall be filed no later than November 5, 2007. Signed by Judge Emmet G. Sullivan on October 12, 2007. (lcegs2)
7
Filed & Entered:  10/12/2007
Terminated: 10/12/2007
Motion for Extension of Time to
Docket Text: MOTION for Extension of Time to Expedited Motion For Further Extension of Time To File A Response To The Complaint by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, TOM RIDER, ANIMAL PROTECTION INSTITUTE (Crystal, Howard)
 
Filed & Entered:  10/16/2007
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Responses due by 11/5/2007 (clv, )
8
Filed & Entered:  10/19/2007
Summons Returned Executed
Docket Text: ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS served on 9/6/2007, answer due 11/5/2007 (Pardo, Michelle) Modified on 10/22/2007 (jf, ).
9
Filed & Entered:  10/19/2007
Summons Returned Executed
Docket Text: ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANIMAL WELFARE INSTITUTE served on 9/5/2007, answer due 11/5/2007 (Pardo, Michelle) Modified on 10/22/2007 (jf, ).
10
Filed & Entered:  10/19/2007
Summons Returned Executed
Docket Text: ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FUND FOR ANIMALS served on 9/6/2007, answer due 11/5/2007 (Pardo, Michelle) Modified on 10/22/2007 (jf, ).
11
Filed & Entered:  10/19/2007
Summons Returned Executed
Docket Text: ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TOM RIDER served on 9/18/2007, answer due 11/5/2007 (Pardo, Michelle) Modified on 10/22/2007 (jf, ).
12
Filed & Entered:  10/19/2007
Summons Returned Executed
Docket Text: ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANIMAL PROTECTION INSTITUTE served on 9/6/2007, answer due 11/5/2007 (Pardo, Michelle) Modified on 10/22/2007 (jf, ).
13
Filed & Entered:  10/19/2007
Summons Returned Executed
Docket Text: ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILDLIFE ADVOCACY PROJECT served on 9/5/2007, answer due 11/5/2007 (Pardo, Michelle) Modified on 10/22/2007 (jf, ).
 
Filed & Entered:  10/22/2007
Notice of Corrected Docket Entry
Docket Text: NOTICE OF CORRECTED DOCKET ENTRY: Document Nos. re [13] Summons Returned Executed, [9] Summons Returned Executed, [11] Summons Returned Executed, [8] Summons Returned Executed, [12] Summons Returned Executed, [10] Summons Returned Executed was entered in error due to the incorrect answer due date and counsel was instructed to refile said pleading. ECF System will automatically generate the answer due date for each individual defendant(s). (jf, )
14
Filed & Entered:  10/22/2007
Summons Returned Executed
Docket Text: RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS served on 9/6/2007, answer due 9/26/2007 (Pardo, Michelle)
15
Filed & Entered:  10/22/2007
Summons Returned Executed
Docket Text: RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANIMAL WELFARE INSTITUTE served on 9/5/2007, answer due 9/25/2007 (Pardo, Michelle)
16
Filed & Entered:  10/22/2007
Summons Returned Executed
Docket Text: RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FUND FOR ANIMALS served on 9/6/2007, answer due 9/26/2007 (Pardo, Michelle)
17
Filed & Entered:  10/22/2007
Summons Returned Executed
Docket Text: RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TOM RIDER served on 9/18/2007, answer due 10/9/2007 (Pardo, Michelle)
18
Filed & Entered:  10/22/2007
Summons Returned Executed
Docket Text: RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANIMAL PROTECTION INSTITUTE served on 9/6/2007, answer due 9/26/2007 (Pardo, Michelle)
19
Filed & Entered:  10/22/2007
Summons Returned Executed
Docket Text: RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILDLIFE ADVOCACY PROJECT served on 9/5/2007, answer due 9/25/2007 (Pardo, Michelle)
20
Filed & Entered:  10/23/2007
Reply to opposition to Motion
Docket Text: REPLY to opposition to motion re [5] MOTION to Stay Temporarily All Proceedings And Supporting Memorandum filed by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, TOM RIDER, ANIMAL PROTECTION INSTITUTE. (Crystal, Howard)
21
Filed & Entered:  10/30/2007
Terminated: 10/31/2007
Motion for Extension of Time to
Docket Text: MOTION for Extension of Time to Expedited Motion For a Further Extension of Time To Respond To The Complaint by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, TOM RIDER, ANIMAL PROTECTION INSTITUTE (Crystal, Howard)
 
Filed & Entered:  10/31/2007
Order on Motion for Extension of Time to
Docket Text: MINUTE ORDER granting [21] Defendants' Motion for Extension of Time to Respond to Feld Entertainment's Second RICO Suit. Defendants' response to Plaintiff's Complaint shall be filed no later than November 14, 2007. Signed by Judge Emmet G. Sullivan on October 31, 2007. (lcegs2)
 
Filed & Entered:  10/31/2007
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Answer due by 11/14/2007. (clv, )
22
Filed & Entered:  11/07/2007
Order on Motion to Stay
Docket Text: ORDER granting [5] Defendant's Motion to Temporarily Stay All Proceedings. Signed by Judge Emmet G. Sullivan on November 7, 2007. (lcegs2)
23
Filed & Entered:  11/07/2007
Memorandum & Opinion
Docket Text: MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on November 7, 2007. (lcegs2)
 
Filed & Entered:  11/08/2007
Case Stayed
Docket Text: Case Stayed (clv, )
24
Filed & Entered:  01/14/2010
Terminated: 01/15/2010
Motion for Extension of Time to File
Docket Text: Consent MOTION for Extension of Time to File Consent Motion to Establish Pleading and Response Schedule by FELD ENTERTAINMENT, INC. (Simpson, John)
 
Filed & Entered:  01/15/2010
Order on Motion for Extension of Time to File
Docket Text: MINUTE ORDER granting Plaintiff's Consent Motion to Establish Pleading and Response Schedule [24]. Plaintiff shall file its Amended Complaint no later than February 16, 2010, and Defendants shall file their responses by no later than April 2, 2010. Notwithstanding the pleading schedule set forth herein, the parties are directed to appear for a status hearing at 2:00 p.m. on March 23, 2010. Signed by Judge Emmet G. Sullivan on January 15, 2010. (lcegs4)
 
Filed & Entered:  01/15/2010
Order lifting stay
Docket Text: MINUTE ORDER lifting [22] temporary stay of proceedings in light of the Court's ruling in ASPCA v. Feld Entertainment, Inc., Civ. No. 03-2006. Signed by Judge Emmet G. Sullivan on January 15, 2010. (lcegs4)
 
Filed & Entered:  01/19/2010
Set/Reset Deadlines/Hearings
Docket Text: Set/Reset Deadlines/Hearings: Amended Complaint due by 2/16/2010. Responses due by 4/2/2010; Status Conference set for 3/23/2010 02:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )
25
Filed: 02/16/2010
Entered: 02/17/2010
Amended Complaint
Docket Text: FIRST AMENDED COMPLAINT against AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, TOM RIDER, WILDLIFE ADVOCACY PROJECT, MEYER, GLITZENSTEIN & CRYSTAL, KATHERINIE A. MEYER, ERIC R. GLITZENSTEIN, HOWARD M. CRYSTAL, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KIMBERLY D. OCKENE filed by FELD ENTERTAINMENT, INC..(znmw, )
26
Filed & Entered:  02/23/2010
Notice of Withdrawal of Appearance
Docket Text: NOTICE OF WITHDRAWAL OF APPEARANCE as to FELD ENTERTAINMENT, INC.. Attorney Lisa Zeiler Joiner terminated. (Joiner, Lisa)
27
Filed & Entered:  03/19/2010
Notice of Appearance
Docket Text: NOTICE of Appearance by Stephen L. Braga on behalf of AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, TOM RIDER, WILDLIFE ADVOCACY PROJECT (Braga, Stephen)
28
Filed & Entered:  03/19/2010
Notice of Withdrawal of Appearance
Docket Text: NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, TOM RIDER. Attorney Howard M. Crystal terminated. (Crystal, Howard)
29
Filed & Entered:  03/19/2010
Notice of Appearance
Docket Text: NOTICE of Appearance by Laura Nachowitz Steel on behalf of HOWARD M. CRYSTAL, ERIC R. GLITZENSTEIN, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE (Steel, Laura)
30
Filed & Entered:  03/19/2010
Notice of Appearance
Docket Text: NOTICE of Appearance by Kathleen Hall Warin on behalf of HOWARD M. CRYSTAL, ERIC R. GLITZENSTEIN, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE (Warin, Kathleen)
31
Filed & Entered:  03/22/2010
Notice of Withdrawal of Appearance
Docket Text: NOTICE OF WITHDRAWAL OF APPEARANCE as to FELD ENTERTAINMENT, INC.. Attorney George A. Gasper terminated. (Gasper, George)
 
Filed & Entered:  03/23/2010
Status Conference
Docket Text: Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 3/23/2010. Order to be presented. (Court Reporter CATALINA KERR.) (clv, )
 
Filed & Entered:  03/24/2010
Order
Docket Text: MINUTE ORDER. In accordance with the status hearing held on March 23, 2010, during which all parties consented to the referral of this case to mediation, it is hereby ORDERED that this case is referred to the District Court's mediation program. It is FURTHER ORDERED that counsel and the parties, including persons with settlement authority, attend mediation. It is FURTHER ORDERED that mediation be concluded by June 23, 2010. If this case settles in whole or part before that time, counsel shall advise the Court of the settlement by filing a stipulation. If the case has not settled in full before that time, parties shall submit a joint report on the status of the mediation by no later than July 7, 2010.. Signed by Judge Emmet G. Sullivan on March 24, 2010. (lcegs4, )
 
Filed & Entered:  03/25/2010
Case Referred to Mediation
Docket Text: CASE REFERRED to Mediation., Set/Reset Deadlines: Mediation to conclude by 6/23/2010., Status Report due by 7/7/2010. (clv, )
32
Filed & Entered:  03/25/2010
Notice of Appearance
Docket Text: NOTICE of Appearance by Richard C. Smith on behalf of FELD ENTERTAINMENT, INC. (Smith, Richard)
33
Filed & Entered:  07/07/2010
Status Report
Docket Text: STATUS REPORT Regarding Mediation by FELD ENTERTAINMENT, INC.. (Simpson, John)
 
Filed & Entered:  07/08/2010
Order
Docket Text: MINUTE ORDER granting [33] the parties' joint request to continue mediation until July 28, 2010. If this case settles in whole or in part before that time, counsel shall advise the Court of the settlement by filing a stipulation. If the case has not settled in full before that time, the parties shall submit a joint recommendation for further proceedings by no later than August 4, 2010. Signed by Judge Emmet G. Sullivan on July 8, 2010. (lcegs4)
 
Filed & Entered:  07/13/2010
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Status Report due by 8/4/2010 (clv, )
 
Filed & Entered:  08/04/2010
Order
Docket Text: MINUTE ORDER granting [34] the parties' joint request to continue mediation until September 7, 2010. If this case settles in whole or in part before that time, counsel shall advise the Court of the settlement by filing a stipulation. If the case has not settled in full before that time, the parties shall submit a joint recommendation for further proceedings by no later than September 14, 2010. Signed by Judge Emmet G. Sullivan on August 4, 2010. (lcegs4)
34
Filed & Entered:  08/04/2010
Status Report
Docket Text: STATUS REPORT Second Joint Status Report by FELD ENTERTAINMENT, INC.. (Simpson, John)
 
Filed & Entered:  08/05/2010
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Status Report due by 9/14/2010 (clv, )
35
Filed & Entered:  09/14/2010
Status Report
Docket Text: STATUS REPORT Third Joint Status Report by FELD ENTERTAINMENT, INC.. (Simpson, John)
 
Filed & Entered:  09/15/2010
Order
Docket Text: MINUTE ORDER. In light of [35] the parties' third joint status report, the Court schedules a status conference for October 15, 2010 at 9:00 am in Courtroom 24A. The parties shall submit a joint recommendation for further proceedings by no later than October 8, 2010. Signed by Judge Emmet G. Sullivan on September 15, 2010. (lcegs4)
 
Filed & Entered:  09/15/2010
Set/Reset Deadlines/Hearings
Docket Text: Set/Reset Deadlines/Hearings: Status Report due by 10/8/2010; Status Conference set for 10/15/2010 09:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )
 
Filed & Entered:  10/07/2010
Order
Docket Text: MINUTE ORDER. Due to the Court's calendar, the status conference previously scheduled for October 15, 2010 at 9:00 a.m. will now take place on October 15, 2010 at 1:00 p.m. in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on October 7, 2010. (lcegs4)
 
Filed & Entered:  10/08/2010
Set/Reset Hearings
Docket Text: Set/Reset Hearings: Status Conference set for 10/15/2010 01:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )
36
Filed & Entered:  10/08/2010
Status Report
Docket Text: STATUS REPORT (Final Joint Recommendation for Further Proceedings) by JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE. (Steel, Laura)
 
Filed & Entered:  10/14/2010
Order
Docket Text: MINUTE ORDER: Due to the Court's calendar it is necessary to change the time of the Status Hearing set for 10/15/10. Status Conference is now set For 10/15/10 at 12:00 p.m. in Courtroom 24A before before Judge Emmet G. Sullivan. PLEASE NOTE THE TIME CHANGE.. Signed by Judge Emmet G. Sullivan on 10/14/10. (clv, )
37
Filed & Entered:  10/14/2010
Notice of Appearance
Docket Text: ENTERED IN ERROR.....NOTICE of Appearance by Barbara Ann Van Gelder on behalf of HUMANE SOCIETY OF THE UNITED STATES (Van Gelder, Barbara) Modified on 10/18/2010 (jf, ).
38
Filed & Entered:  10/14/2010
Notice of Appearance
Docket Text: NOTICE of Appearance by Barbara Ann Van Gelder on behalf of HUMANE SOCIETY OF THE UNITED STATES (Van Gelder, Barbara)
39
Filed: 10/14/2010
Entered: 10/15/2010
Notice of Appearance
Docket Text: NOTICE of Appearance by William B. Nes on behalf of HUMANE SOCIETY OF THE UNITED STATES (jf, )
 
Filed & Entered:  10/15/2010
Notice of Corrected Docket Entry
Docket Text: NOTICE OF CORRECTED DOCKET ENTRY: Document No. re [37] Notice of Appearance was entered in error and refiled by the Clerk's Office.(Counsel should review LCvR 5.4 (b) OBTAINING AND USING ELECTRONIC FILING PASSWORD; SIGNATURE; CONSENT TO SERVICE BY ELECTRONIC MEANS(1) An attorney must obtain a CM/ECF password from the Clerk in order to file documents with the Court or to receive copies of opinions and orders of the Court).(jf, )
 
Filed: 10/15/2010
Entered: 10/19/2010
Status Conference
Docket Text: Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 10/15/2010. (Court Reporter CATALINE KERR.) (clv, )
 
Filed & Entered:  10/20/2010
Order
Docket Text: MINUTE ORDER. For the reasons set forth in open court at the October 15, 2010 status hearing, the Court enters the following scheduling order for a response to [25] first amended complaint. Defendants shall file their responses to the first amended complaint by no later than December 3, 2010; plaintiff shall file its opposition by no later than March 4, 2011; defendants shall file their replies by no later than April 1, 2011. The defendants are encouraged to submit joint memoranda, to the extent feasible, to avoid duplicative briefing. Plaintiff's request to take discovery before the court considers the defendants' anticipated motions to dismiss is DENIED WITHOUT PREJUDICE to refiling after defendants have filed their responses to the first amended complaint. Signed by Judge Emmet G. Sullivan on October 20, 2010. (lcegs4)
 
Filed & Entered:  10/20/2010
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: response to first amended complaint due by 12/3/2010, plaintiff opposition due by 3/4/2011; defendant's Replies due by 4/1/2011. (clv, )
 
Filed & Entered:  11/02/2010
Order
Docket Text: MINUTE ORDER. Upon further consideration, the Court, sua sponte, vacates the portion of its October 20, 2010 minute order denying discovery pending resolution of defendants' anticipated motions to dismiss. By no later than November 9, 2010, the parties are directed to file a joint report setting forth a proposed discovery schedule, with the understanding that the Court will permit some discovery to go forward prior to resolution of the defendants' anticipated motions. If the parties cannot agree on a discovery schedule, each party may file a separate proposed discovery schedule by no later than November 9, 2010. The remainder of the Court's October 20, 2010 minute order remains in effect. Signed by Judge Emmet G. Sullivan on November 2, 2010. (lcegs4)
 
Filed & Entered:  11/02/2010
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Status Report or discovery schedule due by 11/9/2010 (clv, )
 
Filed & Entered:  11/03/2010
Order
Docket Text: MINUTE ORDER setting forth further instructions to the parties regarding the briefing schedule set forth in the Court's October 20, 2010 minute order. In addition to electronic filing, the parties shall submit to the Court 1 copy of all pleadings in CD-Rom form and 2 hard copies. All submissions to the Court shall be single-sided, double-spaced and use 12-point Times New Roman font and one inch page margins. Each set of hard copies shall be in three-ring binders, with appropriate tables of contents and tabs, and the binders shall be clearly labeled to identify the pleadings therein. It is further ordered that by no later than April 8, 2011, the parties shall jointly submit to the Court one copy of each principal case or authority cited by any party. The points and authorities shall be in three-ring binders, with appropriate tables of contents and tabs, and the binders shall be clearly labeled to identify the contents therein. The Court recognizes that this will require some coordination among counsel for the various parties, and it is the Courts intent that the procedure will reduce duplication and unnecessary confusion and perhaps avoid unnecessary costs to the parties. Any objections to this procedure shall be filed by no later than November 10, 2010. Signed by Judge Emmet G. Sullivan on November 3, 2010. (lcegs4)
 
Filed & Entered:  11/04/2010
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Objections to procedures due by 11/10/2010; parties principal case or authority cited due by 4/8/2011. (clv, )
40
Filed & Entered:  11/04/2010
Notice of Appearance
Docket Text: NOTICE of Appearance by Bernard J. DiMuro on behalf of ANIMAL WELFARE INSTITUTE (DiMuro, Bernard)
41
Filed & Entered:  11/04/2010
Notice of Appearance
Docket Text: NOTICE of Appearance by Stephen Lybrook Neal, Jr on behalf of ANIMAL WELFARE INSTITUTE (Neal, Stephen)
42
Filed & Entered:  11/04/2010
Terminated: 11/05/2010
Motion for Extension of Time to
Docket Text: MOTION for Extension of Time to (Emergency Motion) File Discovery Schedule and Supporting Memorandum by HOWARD M. CRYSTAL, ERIC R. GLITZENSTEIN, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE (Attachments: # (1) Text of Proposed Order)(Steel, Laura)
 
Filed & Entered:  11/05/2010
Order on Motion for Extension of Time to
Docket Text: MINUTE ORDER granting in part and denying in part [42] defendants' motion for extension of time to file proposed discovery schedule. While the Court recognizes some additional time to coordinate counsel may be necessary, it is the Court's desire for discovery to move forward without additional delay. Moreover, preparation of the proposed discovery schedule directed by the Court in its November 3, 2010 minute order should not be an onerous task. Accordingly, the parties shall submit their proposed discovery schedule[s] by no later than November 19, 2010. Signed by Judge Emmet G. Sullivan on November 5, 2010. (lcegs4)
 
Filed & Entered:  11/05/2010
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: parties proposed discovery schedule due by 11/19/2010. (clv, )
43
Filed & Entered:  11/05/2010
Memorandum in Opposition
Docket Text: Memorandum in opposition to re [42] MOTION for Extension of Time to (Emergency Motion) File Discovery Schedule and Supporting Memorandum MOTION for Extension of Time to (Emergency Motion) File Discovery Schedule and Supporting Memorandum filed by FELD ENTERTAINMENT, INC.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Simpson, John)
44
Filed & Entered:  11/09/2010
Notice of Appearance
Docket Text: NOTICE of Appearance by Daniel Seth Ruzumna on behalf of AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (Ruzumna, Daniel)
45
Filed & Entered:  11/09/2010
Terminated: 11/12/2010
Motion for Leave to Appear Pro Hac Vice
Docket Text: MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Peter W. Tomlinson & Harry S. Clarke, III, :Firm- Patterson Belknap Webb & Tyler LLP, :Address- 1133 Avenue of the Americas, New York, NY 10036. Phone No. - (212) 336-2000. Fax No. - (212) 336-2222 by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (Attachments: # (1) Declaration of Peter W. Tomlinson in Support of Motion for Admission Pro Hac Vice, # (2) Declaration of Harry S. Clarke, III in Support of Motion for Admission Pro Hac Vice, # (3) Text of Proposed Order, # (4) Certificate of Service)(Ruzumna, Daniel)
 
Filed & Entered:  11/12/2010
Order on Motion for Leave to Appear Pro Hac Vice
Docket Text: MINUTE ORDER granting [45] Motion for Leave to Appear Pro Hac Vice. Peter W. Tomlinson and Henry S. Clarke, III are granted leave to appear pro hac vice in the above-captioned case. Signed by Judge Emmet G. Sullivan on November 12, 2010. (lcegs4)
 
Filed & Entered:  11/19/2010
Order
Docket Text: MINUTE ORDER. In view of defendants' representation that plaintiff does not consent to the relief requested in [47] defendants' motion for leave to file excess pages, plaintiff is directed to file its response to defendants' motion, if any, by no later than 12:00 p.m. on November 22, 2010. Defendants are directed to file their reply by no later than 12:00 p.m. on November 23, 2010. Signed by Judge Emmet G. Sullivan on November 19, 2010. (lcegs4)
 
Filed & Entered:  11/19/2010
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Responses due by 12:00 p.m. on 11/22/2010; Replies due by 12:00 p.m. on 11/23/2010. (clv, )
46
Filed & Entered:  11/19/2010
Notice (Other)
Docket Text: NOTICE of Filing of Proposed Discovery Schedule by FELD ENTERTAINMENT, INC. (Simpson, John)
47
Filed & Entered:  11/19/2010
Terminated: 11/23/2010
Motion for Leave to File Excess Pages
Docket Text: MOTION for Leave to File Excess Pages Emergency Motion for Leave to File Motion to Dismiss in Excess of Page Limit and Memorandum in Support Thereof by HOWARD M. CRYSTAL, ERIC R. GLITZENSTEIN, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE (Attachments: # (1) Text of Proposed Order Order)(Steel, Laura)
48
Filed & Entered:  11/19/2010
Notice (Other)
Docket Text: NOTICE of Filing Defendants' Proposed Discovery Plan by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, TOM RIDER, WILDLIFE ADVOCACY PROJECT (Ruzumna, Daniel)
49
Filed & Entered:  11/19/2010
Notice (Other)
Docket Text: NOTICE of Errata Regarding Defendant's Proposed Discovery Plan by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, TOM RIDER, WILDLIFE ADVOCACY PROJECT re [48] Notice (Other), Notice (Other) (Attachments: # (1) Exhibit Defendant's Corrected Proposed Discovery Plan)(Ruzumna, Daniel)
50
Filed & Entered:  11/22/2010
Memorandum in Opposition
Docket Text: Memorandum in opposition to re [47] MOTION for Leave to File Excess Pages Emergency Motion for Leave to File Motion to Dismiss in Excess of Page Limit and Memorandum in Support Thereof filed by FELD ENTERTAINMENT, INC.. (Attachments: # (1) Exhibit Exhibit 1, # (2) Text of Proposed Order Proposed Order)(Simpson, John)
 
Filed & Entered:  11/23/2010
Order on Motion for Leave to File Excess Pages
Docket Text: MINUTE ORDER. Upon consideration of [47] defendants' emergency motion for leave to file motion to dismiss in excess of page limits, the opposition, and reply thereto, defendants' motion is GRANTED. In their motion, defendants state that they can, and desire to, address the vast majority of the arguments in support of their motion to dismiss in one omnibus brief not to exceed 85 pages. Accordingly, they are directed to do so. Defendants have also represented that certain individual defendants will address "only those issues unique to each individual defendant" by filing a total of "no more than three supplemental memoranda (of no more than 10 pages each.)" Def.s' Reply 2, 4. Accordingly, defendants may file no more than three NONREPETITIVE, supplemental briefs not to exceed 10 pages each. SO ORDERED. Signed by Judge Emmet G. Sullivan on November 23, 2010. (lcegs4)
51
Filed & Entered:  11/23/2010
Reply to opposition to Motion
Docket Text: REPLY to opposition to motion re [47] MOTION for Leave to File Excess Pages Emergency Motion for Leave to File Motion to Dismiss in Excess of Page Limit and Memorandum in Support Thereof filed by HOWARD M. CRYSTAL, ERIC R. GLITZENSTEIN, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE. (Steel, Laura)
52
Filed & Entered:  12/03/2010
Notice of Appearance
Docket Text: NOTICE of Appearance by Andrew B. Weissman on behalf of JONATHAN R. LOVVORN, KIMBERLY D. OCKENE (Weissman, Andrew)
53
Filed & Entered:  12/03/2010
Terminated: 07/09/2012
Motion to Dismiss
Docket Text: Supplemental MOTION to Dismiss the Claims Against Attorneys Lovvorn and Ockene, and Memorandum in Support Thereof by JONATHAN R. LOVVORN, KIMBERLY D. OCKENE (Weissman, Andrew)
54
Filed & Entered:  12/03/2010
Terminated: 07/09/2012
Motion to Dismiss
Docket Text: MOTION to Dismiss Plaintiff's Amended Complaint by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, TOM RIDER, WILDLIFE ADVOCACY PROJECT (Attachments: # (1) Memorandum in Support, # (2) Text of Proposed Order)(Steel, Laura)
55
Filed & Entered:  12/03/2010
Terminated: 07/09/2012
Motion to Dismiss
Docket Text: Supplemental MOTION to Dismiss the Claims Against HSUS, and Memorandum in Support by HUMANE SOCIETY OF THE UNITED STATES (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E)(Nes, William)
 
Filed & Entered:  12/09/2010
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Conference shall be conducted by 12/17/10; Plaintiff and defendant Rule 26a1 due by 1/28/2011; written report due by 2/11/11; admissions requests and requests to third parties due by 2/25/11; motions to dismiss will be ripe by 4/1/11. (clv, )
56
Filed & Entered:  12/09/2010
Order
Docket Text: ORDER setting forth a limited discovery schedule. Signed by Judge Emmet G. Sullivan on December 9, 2010. (lcegs4)
57
Filed & Entered:  01/28/2011
Rule 26a1 Statement
Docket Text: RULE 26a1 STATEMENT. (Dickieson, David)
58
Filed & Entered:  02/03/2011
Notice of Appearance
Docket Text: NOTICE of Appearance by David H. Dickieson on behalf of ANIMAL PROTECTION INSTITUTE (Dickieson, David)
59
Filed & Entered:  02/11/2011
Terminated: 02/25/2011
Motion for Hearing
Docket Text: MOTION for a status conference with the Court by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, TOM RIDER, WILDLIFE ADVOCACY PROJECT. (Attachments: # (1) Exhibit 1)(Steel, Laura) Modified on 2/14/2011 to correct docket text (jf, ).
60
Filed & Entered:  02/11/2011
Terminated: 02/14/2011
Motion for Hearing
Docket Text: ENTERED IN ERROR.....STATUS REPORT Plaintiff's Discovery Plan by FELD ENTERTAINMENT, INC.. (Simpson, John) Modified on 2/14/2011 to correct docket text (jf, ).
61
Filed: 02/11/2011
Entered: 02/14/2011
Report of Rule 26(f) Planning Meeting
Docket Text: REPORT of Rule 26(f) Planning Meeting. (See Docket Entry [59] to view document) (jf, )
62
Filed: 02/11/2011
Entered: 02/14/2011
Report of Rule 26(f) Planning Meeting
Docket Text: REPORT of Rule 26(f) Planning Meeting by FELD ENTERTAINMENT, INC.. (jf, )
 
Filed & Entered:  02/14/2011
Notice of Corrected Docket Entry
Docket Text: NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry [60] Status Report was entered in error and refiled by the Clerk's Office under the correct event (jf, )
63
Filed & Entered:  02/18/2011
Notice of Withdrawal of Appearance
Docket Text: NOTICE OF WITHDRAWAL OF APPEARANCE as to FELD ENTERTAINMENT, INC.. Attorney Richard C. Smith terminated. (Smith, Richard)
64
Filed & Entered:  02/18/2011
Notice of Appearance
Docket Text: NOTICE of Appearance by Stephen M. McNabb on behalf of FELD ENTERTAINMENT, INC. (McNabb, Stephen)
 
Filed & Entered:  02/25/2011
Order on Motion for Hearing
Docket Text: MINUTE ORDER. Upon consideration of the parties' discovery plans, the Court schedules a status hearing for March 8, 2011 at 12:00 pm in Courtroom 24A. The Court recognizes that defendants spent approximately eight pages of their 'discovery plan' arguing for a stay of discovery. Accordingly, plaintiff may respond, in a submission of no more than eight pages, to defendants' arguments in [59] Defendants' Discovery Plan that discovery should be stayed pending either resolution of the motion to dismiss, resolution of the fees issues in ASPCA et al v. FEI, Case No. 03-2006, or both. Plaintiff shall file its response by no later than March 4, 2011. Signed by Judge Emmet G. Sullivan on February 25, 2011. (lcegs4)
 
Filed & Entered:  02/28/2011
Set/Reset Deadlines/Hearings
Docket Text: Set/Reset Deadlines/Hearings: Responses due by 3/4/2011; Status Conference set for 3/8/2011 12:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )
65
Filed & Entered:  03/03/2011
Terminated: 03/04/2011
Motion for Leave to File Excess Pages
Docket Text: Unopposed MOTION for Leave to File Excess Pages by FELD ENTERTAINMENT, INC. (Attachments: # (1) Text of Proposed Order)(Simpson, John)
 
Filed & Entered:  03/04/2011
Order on Motion for Leave to File Excess Pages
Docket Text: MINUTE ORDER granting [65] unopposed Motion for Leave to File Excess Pages. Signed by Judge Emmet G. Sullivan on March 4, 2011. (lcegs5)
66
Filed & Entered:  03/04/2011
Memorandum in Opposition
Docket Text: Memorandum in opposition to re [55] Supplemental MOTION to Dismiss the Claims Against HSUS, and Memorandum in Support filed by FELD ENTERTAINMENT, INC.. (Attachments: # (1) Appendix Appendix A, # (2) Exhibit Exhibit 1, # (3) Exhibit Exhibit 2, # (4) Exhibit Exhibit 3, # (5) Exhibit Exhibit 4, # (6) Text of Proposed Order Proposed Order)(Simpson, John)
67
Filed & Entered:  03/04/2011
Memorandum in Opposition
Docket Text: Memorandum in opposition to re [53] Supplemental MOTION to Dismiss the Claims Against Attorneys Lovvorn and Ockene, and Memorandum in Support Thereof filed by FELD ENTERTAINMENT, INC.. (Attachments: # (1) Appendix A, # (2) Text of Proposed Order Proposed Order)(Simpson, John)
68
Filed & Entered:  03/04/2011
Memorandum in Opposition
Docket Text: Memorandum in opposition to re [54] MOTION to Dismiss Plaintiff's Amended Complaint filed by FELD ENTERTAINMENT, INC.. (Attachments: # (1) Exhibit 1, # (2) Text of Proposed Order)(Simpson, John)
69
Filed & Entered:  03/04/2011
Response to Document
Docket Text: RESPONSE to Defendants' Arguments for Stay of Discovery Re Minute Order filed on 2/25/2011 filed by FELD ENTERTAINMENT, INC.. (Simpson, John) Modified on 3/7/2011 to enhance docket text (jf, ).
 
Filed & Entered:  03/08/2011
Status Conference
Docket Text: Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 3/8/2011; Discovery is stayed; Motion Hearing set for 6/23/2011 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. Order to be presented. (Court Reporter CATALINA KERR.) (clv, )
 
Filed & Entered:  03/09/2011
Order
Docket Text: MINUTE ORDER. For the reasons stated on the record during the status hearing on March 8, 2011, it is ORDERED that discovery in this case is stayed pending the outcome of defendants' motions to dismiss. It is further ORDERED that defendants' consent motion for leave to file excess pages is GRANTED. Defendants' reply in support of their motions to dismiss shall not exceed 50 pages. Finally, a hearing on [53], [54], [55] defendants' motions to dismiss will be held on June 23, 2011 at 10:00 am in Courtroom 24A. SO ORDERED.Signed by Judge Emmet G. Sullivan on March 9, 2011. (lcegs4)
70
Filed & Entered:  03/10/2011
Notice of Change of Address
Docket Text: NOTICE of Change of Address by David H. Dickieson (Dickieson, David)
71
Filed & Entered:  03/30/2011
Reply to opposition to Motion
Docket Text: REPLY to opposition to motion re [55] Supplemental MOTION to Dismiss the Claims Against HSUS, and Memorandum in Support filed by HUMANE SOCIETY OF THE UNITED STATES. (Nes, William)
72
Filed & Entered:  04/01/2011
Reply to Document
Docket Text: REPLY re [53]Supplemental MOTION to Dismiss the Claims Against Attorneys Lovvorn and Ockene filed by JONATHAN R. LOVVORN, KIMBERLY D. OCKENE. (Weissman, Andrew) Modified on 4/4/2011 to add docket link (jf, ).
73
Filed & Entered:  04/01/2011
Reply to opposition to Motion
Docket Text: REPLY to opposition to motion re [54] MOTION to Dismiss Plaintiff's Amended Complaint filed by ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, TOM RIDER, WILDLIFE ADVOCACY PROJECT. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit)(Steel, Laura)
 
Filed & Entered:  04/12/2011
Set/Reset Hearings
Docket Text: Set/Reset Hearings: Motion Hearing set for 6/23/2011 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )
74
Filed & Entered:  06/08/2011
Notice of Appearance
Docket Text: NOTICE of Appearance by Logan Daniel Smith on behalf of FUND FOR ANIMALS (Smith, Logan)
75
Filed & Entered:  06/09/2011
Notice of Appearance
Docket Text: NOTICE of Appearance by Roger E Zuckerman on behalf of FUND FOR ANIMALS (Zuckerman, Roger)
 
Filed & Entered:  06/21/2011
Order
Docket Text: MINUTE ORDER. In light of the fact that [76] plaintiff's notice of supplemental authority was filed less than 48 hours before the motions hearing, includes numerous opinions that were issued well before the plaintiffs filed their oppositions to the motions to dismiss, and offers the Court no guidance as to how the authority is relevant to the issues in this case, the Court, sua sponte, STRIKES [76] plaintiff's notice of supplemental authority. At the June 23, 3011 motions hearing, the Court will address the need, if any, for supplemental briefing. Signed by Judge Emmet G. Sullivan on June 21, 2011. (lcegs4)
76
Filed & Entered:  06/21/2011
NOTICE OF SUPPLEMENTAL AUTHORITY
Docket Text: STRICKEN PURSUANT TO MINUTE ORDER FILED ON 06/21/2011.....NOTICE OF SUPPLEMENTAL AUTHORITY by FELD ENTERTAINMENT, 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, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10)(Simpson, John) Modified on 6/22/2011 (jf, ).
 
Filed & Entered:  06/23/2011
Motion Hearing
Docket Text: Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 6/23/2011 re [54] MOTION to Dismiss; [53] Supplemental MOTION to DismisA; [55] Supplemental MOTION to Dismiss; Motions heard and taken under advisement; Court Reporter REBECCA STONESTREET. (clv, )
 
Filed & Entered:  06/24/2011
Order
Docket Text: MINUTE ORDER. The Court is aware that the parties may wish to file notices of supplemental authority with regard to defendants' motions to dismiss. The parties may file notices of supplemental authority subject to the following limitations. First, consistent with counsel's continuing obligations as officers of the Court, the parties may alert the Court to new authority, decided after completion of the original briefing, that could impact the parties' arguments and the Court's consideration and resolution of this motion. Second, the parties may alert the Court to authority dated prior to the original briefing if and only if the filing party has a good faith belief that such authority is DISPOSITIVE of its arguments. It is therefore ORDERED that the parties may file supplemental briefs of no more than seven pages apprising the Court of any such relevant authority and briefly explaining its significance to this case by no later than July 1, 2011. In the event any party apprises the Court of supplemental authority dating from before the original briefing was completed, the party shall explain why it failed to include such authority in its initial briefing to the Court. SO ORDERED. Signed by Judge Emmet G. Sullivan on June 24, 2011. (lcegs4)
 
Filed & Entered:  06/24/2011
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Supplemental Memorandum due by 7/1/2011. (clv, )
77
Filed & Entered:  07/01/2011
NOTICE OF SUPPLEMENTAL AUTHORITY
Docket Text: NOTICE OF SUPPLEMENTAL AUTHORITY by FELD ENTERTAINMENT, INC. (Simpson, John)
78
Filed & Entered:  07/01/2011
NOTICE OF SUPPLEMENTAL AUTHORITY
Docket Text: NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, TOM RIDER, WILDLIFE ADVOCACY PROJECT (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit)(Steel, Laura)
79
Filed & Entered:  07/05/2011
Terminated: 07/09/2012
Motion to Strike
Docket Text: MOTION to Strike [77] NOTICE OF SUPPLEMENTAL AUTHORITY Section III by JONATHAN R. LOVVORN, KIMBERLY D. OCKENE (Weissman, Andrew)
80
Filed & Entered:  07/06/2011
Transcript
Docket Text: TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on June 23, 2011; Page Numbers: 1 - 131. Date of Issuance:July 6, 2011. Court Reporter/Transcriber Rebecca Stonestreet, Telephone number 202-354-3249, Court Reporter Email Address : kingreporter2@verizon.net.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 7/27/2011. Redacted Transcript Deadline set for 8/6/2011. Release of Transcript Restriction set for 10/4/2011.(Stonestreet, Rebecca)
81
Filed & Entered:  07/07/2011
Memorandum in Opposition
Docket Text: Memorandum in opposition to re [79] MOTION to Strike [77] NOTICE OF SUPPLEMENTAL AUTHORITY Section III filed by FELD ENTERTAINMENT, INC.. (Attachments: # (1) Text of Proposed Order)(Simpson, John)
82
Filed & Entered:  07/11/2011
Reply to opposition to Motion
Docket Text: REPLY to opposition to motion re [79] MOTION to Strike [77] NOTICE OF SUPPLEMENTAL AUTHORITY Section III filed by JONATHAN R. LOVVORN, KIMBERLY D. OCKENE. (Attachments: # (1) Text of Proposed Order)(Weissman, Andrew)
83
Filed & Entered:  08/04/2011
Transcript
Docket Text: TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 10/15/10; Page Numbers: 1-15. Date of Issuance:8/4/11. Court Reporter/Transcriber Catalina Kerr, Telephone number 202-354-3258, Court Reporter Email Address : catykerr@msn.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 8/25/2011. Redacted Transcript Deadline set for 9/4/2011. Release of Transcript Restriction set for 11/2/2011.(Kerr, Catalina)
84
Filed & Entered:  11/16/2011
Notice of Change of Address
Docket Text: NOTICE of Change of Address by Bernard J. DiMuro (DiMuro, Bernard)
85
Filed & Entered:  11/16/2011
Notice of Change of Address
Docket Text: NOTICE of Change of Address by Stephen Lybrook Neal, Jr (Neal, Stephen)
86
Filed & Entered:  01/05/2012
Transcript
Docket Text: TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 3/8/11; Page Numbers: 1-36. Date of Issuance:1/5/12. Court Reporter/Transcriber Catalina Kerr, Telephone number 202.354.3258, Court Reporter Email Address : catykerr@msn.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 1/26/2012. Redacted Transcript Deadline set for 2/5/2012. Release of Transcript Restriction set for 4/4/2012.(Kerr, Catalina)
87
Filed & Entered:  02/06/2012
Notice of Appearance
Docket Text: NOTICE of Appearance by Kara L. Petteway on behalf of FELD ENTERTAINMENT, INC. (Petteway, Kara)
88
Filed & Entered:  05/31/2012
NOTICE OF SUPPLEMENTAL AUTHORITY
Docket Text: NOTICE OF SUPPLEMENTAL AUTHORITY by FELD ENTERTAINMENT, INC. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2, # (3) Exhibit No. 3)(Simpson, John)
 
Filed & Entered:  07/09/2012
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Answer due by 8/9/2012, (clv, )
89
Filed & Entered:  07/09/2012
Order on Motion to Dismiss
Docket Text: ORDER granting in part and denying in part [53] Motion to Dismiss; denying [54] Motion to Dismiss; granting in part and denying in part [55] Motion to Dismiss; denying [79] Motion to Strike; directing Defendants to respond to the Amended Complaint by no later than August 9, 2012. Signed by Judge Emmet G. Sullivan on July 9, 2012. (lcegs4)
90
Filed & Entered:  07/09/2012
Memorandum & Opinion
Docket Text: MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on July 9, 2012. (lcegs4) (Main Document 90 replaced on 7/9/2012) (jf, ).
91
Filed & Entered:  07/12/2012
Notice of Appearance
Docket Text: NOTICE of Appearance by Rebecca E. Bazan on behalf of FELD ENTERTAINMENT, INC. (Bazan, Rebecca)
92
Filed & Entered:  07/20/2012
Notice of Withdrawal of Appearance
Docket Text: NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. Attorney Harry S. Clarke, III terminated. (Ruzumna, Daniel)
93
Filed & Entered:  07/31/2012
Terminated: 08/03/2012
Motion for Hearing
Docket Text: Unopposed MOTION for Hearing (Rule 16 Conference) by FELD ENTERTAINMENT, INC. (Attachments: # (1) Text of Proposed Order)(Simpson, John)
94
Filed & Entered:  08/03/2012
Order on Motion for Hearing
Docket Text: ORDER granting [93] Motion for Hearing; Parties Discovery Plan due by 9/10/2012. Initial Conference set for 10/10/2012 12:30 PM in Courtroom 24A before Judge Emmet G. Sullivan.. Signed by Judge Emmet G. Sullivan on 8/2/12. (clv, )
 
Filed & Entered:  08/08/2012
Order on Motion for Extension of Time to File Response/Reply
Docket Text: MINUTE ORDER granting [95] defendant Born Free USA's consent motion for extension of time. Defendant Born Free USA shall respond to the Amended Complaint by no later than August 29, 2012. (lcegs4)
95
Filed & Entered:  08/08/2012
Terminated: 08/08/2012
Motion for Extension of Time to File Response/Reply
Docket Text: Consent MOTION for Extension of Time to File Response/Reply to Complaint by ANIMAL PROTECTION INSTITUTE (Attachments: # (1) Text of Proposed Order)(Dickieson, David)
 
Filed & Entered:  08/09/2012
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Defendant Born Free USA Answer due by 8/29/2012, (clv, )
96
Filed & Entered:  08/09/2012
Answer to Amended Complaint
Docket Text: ANSWER to [25] Amended Complaint, by ANIMAL WELFARE INSTITUTE. Related document: [25] Amended Complaint, filed by FELD ENTERTAINMENT, INC..(DiMuro, Bernard)
97
Filed & Entered:  08/09/2012
Answer to Amended Complaint
Docket Text: Katherine Meyer, Eric Glitzenstein, Howard Crystal, and Meyer Glitzenstein & Crystal ANSWER to [25] Amended Complaint, , COUNTERCLAIM of Meyer Glitzenstein & Crystal against FELD ENTERTAINMENT, INC. by MEYER, GLITZENSTEIN & CRYSTAL, HOWARD M. CRYSTAL, KATHERINIE A. MEYER, ERIC R. GLITZENSTEIN. Related document: [25] Amended Complaint, filed by FELD ENTERTAINMENT, INC..(Steel, Laura)
98
Filed & Entered:  08/09/2012
Answer to Amended Complaint
Docket Text: ANSWER to [25] Amended Complaint, by WILDLIFE ADVOCACY PROJECT. Related document: [25] Amended Complaint, filed by FELD ENTERTAINMENT, INC..(Braga, Stephen)
99
Filed & Entered:  08/09/2012
Answer to Amended Complaint
Docket Text: ANSWER to [25] Amended Complaint, by TOM RIDER. Related document: [25] Amended Complaint, filed by FELD ENTERTAINMENT, INC..(Braga, Stephen)
100
Filed & Entered:  08/09/2012
Answer to Amended Complaint
Docket Text: ANSWER to [25] Amended Complaint, by JONATHAN R. LOVVORN. Related document: [25] Amended Complaint, filed by FELD ENTERTAINMENT, INC..(Weissman, Andrew)
101
Filed & Entered:  08/09/2012
Answer to Amended Complaint
Docket Text: ANSWER to [25] Amended Complaint, by KIMBERLY D. OCKENE. Related document: [25] Amended Complaint, filed by FELD ENTERTAINMENT, INC..(Weissman, Andrew)
102
Filed & Entered:  08/09/2012
Answer to Amended Complaint
Docket Text: ANSWER to [25] Amended Complaint, by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. Related document: [25] Amended Complaint, filed by FELD ENTERTAINMENT, INC..(Ruzumna, Daniel)
103
Filed & Entered:  08/09/2012
Answer to Amended Complaint
Docket Text: ANSWER to [25] Amended Complaint, by HUMANE SOCIETY OF THE UNITED STATES. Related document: [25] Amended Complaint, filed by FELD ENTERTAINMENT, INC..(Nes, William)
104
Filed & Entered:  08/09/2012
Answer to Amended Complaint
Docket Text: ANSWER to [25] Amended Complaint, by FUND FOR ANIMALS. Related document: [25] Amended Complaint, filed by FELD ENTERTAINMENT, INC..(Smith, Logan)
105
Filed & Entered:  08/09/2012
Terminated: 01/03/2013
Motion for Certification for interlocatory appeal
Docket Text: MOTION for Certification for interlocatory appeal , or in the alternative, for reconsideration by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, TOM RIDER, WILDLIFE ADVOCACY PROJECT (Attachments: # (1) Memorandum in Support, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Text of Proposed Order)(Smith, Logan)
106
Filed & Entered:  08/10/2012
Notice of Withdrawal of Appearance
Docket Text: NOTICE OF WITHDRAWAL OF APPEARANCE as to HUMANE SOCIETY OF THE UNITED STATES. Attorney Barbara Ann Van Gelder terminated. (Van Gelder, Barbara)
107
Filed & Entered:  08/10/2012
Notice of Appearance
Docket Text: NOTICE of Appearance by Christian John Mixter on behalf of HUMANE SOCIETY OF THE UNITED STATES (Mixter, Christian)
108
Filed & Entered:  08/13/2012
Notice of Withdrawal of Appearance
Docket Text: NOTICE OF WITHDRAWAL OF APPEARANCE as to JONATHAN R. LOVVORN, KIMBERLY D. OCKENE. Attorney Laura Nachowitz Steel and Kathleen Hall Warin terminated. (Steel, Laura)
109
Filed & Entered:  08/21/2012
Terminated: 08/23/2012
Motion for Leave to Appear Pro Hac Vice
Docket Text: MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan Hatch and Paul Bauer, :Firm- Patterson Belknap Webb & Tyler LLP, :Address- 1133 Avenue of the Americas New York, New York 10036. Phone No. - 212-336-2000. Fax No. - 212-336-2222 by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (Attachments: # (1) Declaration of Jonathan Hatch, # (2) Declaration of Paul Bauer, # (3) Proposed Order, # (4) Certificate of Service)(Ruzumna, Daniel)
110
Filed & Entered:  08/22/2012
Notice of Change of Address
Docket Text: NOTICE of Change of Address by Stephen Louis Braga (Braga, Stephen)
111
Filed & Entered:  08/22/2012
Terminated: 08/23/2012
Motion for Extension of Time to
Docket Text: MOTION for Extension of Time to Oppose Defendants' Motion for Certification or, in the Alternative, for Reconsideration; Respond to MGC's Counterclaim; and Respond to the Answers of All Defendants by FELD ENTERTAINMENT, INC. (Attachments: # (1) Text of Proposed Order)(Simpson, John)
 
Filed & Entered:  08/23/2012
Order on Motion for Leave to Appear Pro Hac Vice
Docket Text: MINUTE ORDER granting [109] Defendant American Society for the Prevention of Cruelty to Animals' Motion for Admission Pro Hac Vice. Jonathan H. Hatch and Paul J. Bauer are hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on August 23, 2012. (lcegs6)
 
Filed & Entered:  08/23/2012
Order on Motion for Extension of Time to
Docket Text: MINUTE ORDER treating as opposed and granting over objection [111] plaintiff's motion for extension of time. Plaintiff shall file its (1) opposition to defendants' motion for certification or, in the alternative, for reconsideration, (2) response to Meyer, Glitzenstein & Crystal's counterclaim, and (3) responses to defendants' answers by no later than September 7, 2012. Signed by Judge Emmet G. Sullivan on August 23, 2012. (lcegs6)
 
Filed & Entered:  08/24/2012
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Responses due by 9/7/2012 (clv, )
112
Filed & Entered:  08/29/2012
Answer to Amended Complaint
Docket Text: Born Free USA's ANSWER to [25] Amended Complaint, by ANIMAL PROTECTION INSTITUTE. Related document: [25] Amended Complaint, filed by FELD ENTERTAINMENT, INC..(Dickieson, David)
113
Filed & Entered:  09/07/2012
Terminated: 01/03/2013
Motion to Dismiss
Docket Text: MOTION to Dismiss or in the Alternative, MOTION to Stay re [97] Answer to Amended Complaint, COUNTERCLAIM,, by FELD ENTERTAINMENT, INC. (Attachments: # (1) Exhibit 1, # (2) Text of Proposed Order)(Simpson, John)
114
Filed & Entered:  09/07/2012
Memorandum in Opposition
Docket Text: Memorandum in opposition to re [105] MOTION for Certification for interlocatory appeal , or in the alternative, for reconsideration filed by FELD ENTERTAINMENT, INC.. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit List, # (3) Exhibit 1, # (4) Exhibit 2, # (5) Exhibit 3, # (6) Exhibit 4, # (7) Exhibit 5, # (8) Exhibit 6, #(9) Exhibit 7, # (10) Exhibit 8, # (11) Exhibit 9, # (12) Exhibit 10, # (13) Exhibit 11, # (14) Exhibit 12, # (15) Exhibit 13, # (16) Exhibit 14, # (17) Exhibit 15)(Simpson, John)
115
Filed & Entered:  09/07/2012
Terminated: 01/03/2013
Motion to Strike
Docket Text: MOTION to Strike [98] Answer to Amended Complaint, [97] Answer to Amended Complaint, COUNTERCLAIM,, [112] Answer to Amended Complaint, [99] Answer to Amended Complaint, [100] Answer to Amended Complaint, [101] Answer to Amended Complaint, [96] Answer to Amended Complaint, [102] Answer to Amended Complaint, [104] Answer to Amended Complaint, [103] Answer to Amended Complaint Insufficient Defenses by FELD ENTERTAINMENT, INC. (Attachments: # (1) Exhibit 1/a>, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Text of Proposed Order)(Simpson, John)
116
Filed & Entered:  09/10/2012
Notice of Appearance
Docket Text: NOTICE of Appearance by Scott Michael Litvinoff on behalf of JONATHAN R. LOVVORN, KIMBERLY D. OCKENE (Litvinoff, Scott)
117
Filed & Entered:  09/10/2012
Notice (Other)
Docket Text: NOTICE of filing of Amended Discovery Plan as per Docket Entry 94 by FELD ENTERTAINMENT, INC. (Attachments: # (1) Exhibit A)(Simpson, John)
118
Filed & Entered:  09/10/2012
Response to Order of the Court
Docket Text: RESPONSE TO ORDER OF THE COURT re [94] Order on Motion for Hearing, Set/Reset Deadlines/Hearings Defendants' Joint Discovery Plan filed by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, TOM RIDER, WILDLIFE ADVOCACY PROJECT. (Attachments: # (1) Exhibit Exhibit A)(Smith, Logan)
119
Filed & Entered:  09/12/2012
Terminated: 09/13/2012
Motion for Extension of Time to File Response/Reply
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply as to [115] MOTION to Strike [98] Answer to Amended Complaint, [97] Answer to Amended Complaint, COUNTERCLAIM,, [112] Answer to Amended Complaint, [99] Answer to Amended Complaint, [100] Answer to Amended Complaint, [101] Answer to Amended Complaint, [96], [105] MOTION for Certification for interlocatory appeal , or in the alternative, for reconsideration by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, TOM RIDER, WILDLIFE ADVOCACY PROJECT (Attachments: # (1) Text of Proposed Order)(Zuckerman, Roger)
 
Filed & Entered:  09/13/2012
Order on Motion for Extension of Time to File Response/Reply
Docket Text: MINUTE ORDER granting [119] Defendants' unopposed Motion for Extension of Time to (1) reply in support of [105] Defendants' Motion for Certification for Interlocutory Relief or, In the Alternative, for Reconsideration, and (2) to respond to [114] Plaintiff's Motion to Strike Insufficient Defenses. Defendants shall file their reply and their response by no later than September 28, 2012. SO ORDERED. Signed by Judge Emmet G. Sullivan on September 13, 2012. (lcegs4)
 
Filed & Entered:  09/14/2012
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Defendant's response and reply due by 9/28/2012. (clv, )
120
Filed & Entered:  09/14/2012
Terminated: 09/18/2012
Motion for Extension of Time to
Docket Text: Unopposed MOTION for Extension of Time to file an Opposition to Plaintiff's Motion to Dismiss, or in the Alternative to Stay, Meyer Glitzenstein & Crystal's Counterclaim by HOWARD M. CRYSTAL, ERIC R. GLITZENSTEIN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL (Attachments: # (1) Text of Proposed Order Order)(Steel, Laura)
 
Filed & Entered:  09/18/2012
Order on Motion for Extension of Time to
Docket Text: MINUTE ORDER granting [120] Defendant Meyer Glitzenstein & Crystal's ("MGC") Consent Motion for Extension of time to respond to [113] Plaintiff's Motion to Dismiss or Stay MGC's Counterclaim. MGC shall file its response by no later than October 5, 2012. Signed by Judge Emmet G. Sullivan on September 18, 2012. (lcegs4)
 
Filed & Entered:  09/18/2012
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: MGC Response to Dispositive Motions due by 10/5/2012. (clv, )
121
Filed & Entered:  09/26/2012
Terminated: 09/27/2012
Motion for Leave to Appear Pro Hac Vice
Docket Text: MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David J. Kessler, :Firm- FULBRIGHT & JAWORSKI, LLP, :Address- 666 Fifth Avenue, New York, NY 10103. Phone No. - 212-318-3882. Fax No. - 212-318-3400 by FELD ENTERTAINMENT, INC. (Attachments: # (1) Declaration David J. Kessler, # (2) Text of Proposed Order)(Simpson, John)
 
Filed & Entered:  09/27/2012
Order on Motion for Leave to Appear Pro Hac Vice
Docket Text: MINUTE ORDER granting [121] Motion for Leave to Appear Pro Hac Vice. David J. Kessler is hereby granted leave to appear pro hac vice in this matter. Signed by Judge Emmet G. Sullivan on September 27, 2012. (lcegs4)
122
Filed & Entered:  09/28/2012
Memorandum in Opposition
Docket Text: Memorandum in opposition to re [115] MOTION to Strike [98] Answer to Amended Complaint, [97] Answer to Amended Complaint, COUNTERCLAIM,, [112] Answer to Amended Complaint, [99] Answer to Amended Complaint, [100] Answer to Amended Complaint, [101] Answer to Amended Complaint, [96] filed by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. (Attachments: # (1) Text of Proposed Order)(Ruzumna, Daniel)
123
Filed & Entered:  09/28/2012
Reply to opposition to Motion
Docket Text: REPLY to opposition to motion re [105] MOTION for Certification for interlocatory appeal , or in the alternative, for reconsideration filed by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, TOM RIDER, WILDLIFE ADVOCACY PROJECT. (Smith, Logan)
 
Filed & Entered:  10/05/2012
Order
Docket Text: MINUTE ORDER. On August 3, 2012, the Court scheduled a Rule 16 conference, to discuss the parties' discovery plans in this matter, for October 10, 2012. Subsequently, the defendants filed a [105] Motion for Certification of Interlocutory Appeal or in the Alternative for Reconsideration of this Court's July 2012 Opinion. Because disposition of the motion may impact discovery in this matter, the Court will resolve the motion before addressing the parties' discovery plans. Accordingly, the Rule 16 conference scheduled for October 10, 2012 is hereby cancelled, and the Court, sua sponte, schedules a hearing on defendants' Motion for Certification or in the Alternative for Reconsideration for October 31, 2012 at 10:00 AM in Courtroom 24A. So ordered. Signed by Judge Emmet G. Sullivan on October 5, 2012. (lcegs4)
 
Filed & Entered:  10/05/2012
Set/Reset Hearings
Docket Text: Set/Reset Hearings: Motion Hearing set for 10/31/2012 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, )
124
Filed & Entered:  10/05/2012
Memorandum in Opposition
Docket Text: Memorandum in opposition to re [113] MOTION to Dismiss or in the Alternative MOTION to Stay re [97] Answer to Amended Complaint, COUNTERCLAIM,, filed by MEYER, GLITZENSTEIN & CRYSTAL. (Attachments: # (1) Text of Proposed Order)(Steel, Laura)
125
Filed & Entered:  10/09/2012
Reply to opposition to Motion
Docket Text: REPLY to opposition to motion re [115] MOTION to Strike [98] Answer to Amended Complaint, [97] Answer to Amended Complaint, COUNTERCLAIM,, [112] Answer to Amended Complaint, [99] Answer to Amended Complaint, [100] Answer to Amended Complaint, [101] Answer to Amended Complaint, [96] filed by FELD ENTERTAINMENT, INC.. (Simpson, John)
126
Filed & Entered:  10/15/2012
Reply to opposition to Motion
Docket Text: REPLY to opposition to motion re [113] MOTION to Dismiss or in the Alternative MOTION to Stay re [97] Answer to Amended Complaint, COUNTERCLAIM,, filed by FELD ENTERTAINMENT, INC.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3/a>)(Simpson, John)
 
Filed & Entered:  10/30/2012
Order
Docket Text: MINUTE ORDER: Due to the weather the time of the Motion Hearing set for 10/31/2012 is moved to 11:15 AM before Judge Emmet G. Sullivan. PLEASE NOTE THE TIME CHANGE.. Signed by Judge Emmet G. Sullivan on 10/30/12. (clv, )
 
Filed & Entered:  10/31/2012
Motion Hearing
Docket Text: Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 10/31/2012 re [105] Motion for Certification for interlocatory appeal or in the alternative, for reconsideration; Motion heard and taken under advisement. (Court Reporter CATALINA KERR/CATHRYN JONES.) (clv, )
127
Filed & Entered:  12/28/2012
Stipulation of Dismissal
Docket Text: STIPULATION of Dismissal With Prejudice as to Defendant American Society for the Prevention of Cruelty to Animals by FELD ENTERTAINMENT, INC.. (Simpson, John)
128
Filed & Entered:  01/03/2013
Stipulation and Order
Docket Text: STIPULATION of dismissal as to defendant AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY OF ANIMALS.. Signed by Judge Emmet G. Sullivan on 12/31/12. (zclv, )
129
Filed & Entered:  01/08/2013
Order
Docket Text: ORDER denying [105] defendants' motion for certification of interlocutory appeal or, in the alternative, for reconsideration. Signed by Judge Emmet G. Sullivan on January 8, 2013. (lcegs4)
130
Filed & Entered:  01/11/2013
Terminated: 03/12/2013
Motion for Hearing
Docket Text: MOTION for Hearing (Rule 16 Conference) by FELD ENTERTAINMENT, INC. (Attachments: # (1) Text of Proposed Order)(Simpson, John)
131
Filed & Entered:  02/01/2013
Reply to Document
Docket Text: REPLY re [130] MOTION for Hearing (Rule 16 Conference) filed by FELD ENTERTAINMENT, INC.. (Simpson, John)
 
Filed & Entered:  02/04/2013
Order
Docket Text: MINUTE ORDER. Consistent with this Court's policy regarding the referral of matters to magistrate judges, and in view of this Court's previous referral of matters in the related action, ASPCA et. al v. FEI, Case 03-2006, to Magistrate Judge John M. Facciola, the Court hereby refers this case to Magistrate Judge Facciola for purposes of overseeing discovery. Pursuant to this referral and in accordance with Local Civil Rule 72.2, Judge Facciola shall hold a Rule 16 conference, if in his discretion he determines such a conference is necessary, and shall enter scheduling orders as provided in Rule 16 and Local Civil Rule 16.4. SO ORDERED. Signed by Judge Emmet G. Sullivan on February 4, 2013. (lcegs4)
132
Filed & Entered:  02/05/2013
Case Referred to Magistrate Judge
Docket Text: CASE DIRECATLY REFERRED to Magistrate Judge John M. Facciola for discovery. (kb)
133
Filed & Entered:  02/08/2013
Order
Docket Text: ORDER re referral to Judge Facciola for discovery. Signed by Magistrate Judge John M. Facciola on 2/8/13. (SP, )
134
Filed & Entered:  02/14/2013
Transcript
Docket Text: TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 10/31/12; Page Numbers: 1-85. Date of Issuance:2/14/13. Court Reporter/Transcriber Catalina Kerr, Telephone number 202-354-3258, Court Reporter Email Address : catykerr@msn.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 3/7/2013. Redacted Transcript Deadline set for 3/17/2013. Release of Transcript Restriction set for 5/15/2013.(Kerr, Catalina)
135
Filed & Entered:  02/25/2013
Terminated: 03/25/2013
Motion for Miscellaneous Relief
Docket Text: MOTION To Remove American Society For The Prevention Of Cruelty To Animals From The Case Caption In Light Of The Dismissal Of All Claims Against It by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (Attachments: # (1) Text of Proposed Order, # (2) Certificate of Service)(Ruzumna, Daniel)
136
Filed & Entered:  03/04/2013
Notice of Change of Address
Docket Text: NOTICE of Change of Address by Logan Daniel Smith (Smith, Logan)
 
Filed & Entered:  03/12/2013
Order on Motion for Hearing
Docket Text: MINUTE ORDER granting [130] Motion for Hearing. Signed by Magistrate Judge John M. Facciola on 3/12/13. (SP, )
 
Filed & Entered:  03/12/2013
Set/Reset Hearings
Docket Text: Set/Reset Hearings: Scheduling Conference set for 4/3/2013 at 02:00 PM in Courtroom 6 before Magistrate Judge John M. Facciola. (SP, )
137
Filed & Entered:  03/14/2013
Memorandum in Opposition
Docket Text: Memorandum in opposition to re [135] MOTION To Remove American Society For The Prevention Of Cruelty To Animals From The Case Caption In Light Of The Dismissal Of All Claims Against It filed by ANIMAL WELFARE INSTITUTE. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order, # (3) Text of Proposed Order (Alternative proposed Order))(Neal, Stephen)
138
Filed & Entered:  03/15/2013
Reply to opposition to Motion
Docket Text: REPLY to opposition to motion re [135] MOTION To Remove American Society For The Prevention Of Cruelty To Animals From The Case Caption In Light Of The Dismissal Of All Claims Against It filed by FELD ENTERTAINMENT, INC.. (Simpson, John)
139
Filed & Entered:  03/21/2013
Reply to opposition to Motion
Docket Text: REPLY to opposition to motion re [135] MOTION To Remove American Society For The Prevention Of Cruelty To Animals From The Case Caption In Light Of The Dismissal Of All Claims Against It filed by AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. (Attachments: # (1) Certificate of Service)(Ruzumna, Daniel)
140
Filed & Entered:  03/22/2013
Notice of Appearance
Docket Text: NOTICE of Appearance by Robert James Spagnoletti on behalf of ANIMAL PROTECTION INSTITUTE (Spagnoletti, Robert)
 
Filed & Entered:  03/25/2013
Order on Motion for Miscellaneous Relief
Docket Text: MINUTE ORDER. Pending before the Court is [135] ASPCA's motion to be removed from the case caption in this matter going forward, in light of its settlement with FEI and dismissal, with prejudice, from this action. The only party to oppose ASPCA's motion is AWI, which will be the new "first named" party in the caption once ASPCA's name is removed. Unlike ASPCA, which cites authority for the proposition that courts do remove settling or otherwise dismissed parties from a case caption when litigation will be ongoing against other parties, AWI cites no authority in support of its argument that the Court should not perform the purely ministerial task of deleting ASPCA's name from the caption. Moreover, AWI cites no authority for its alternative proposition that the caption of the case should be changed entirely, to "In re: ESA Litigation." Accordingly, for the reasons set forth in ASPCA's Motion to Remove Its Name from the Case Caption in Light of the Dismissal of All Claims Against It, ASPCA's motion is GRANTED. Signed by Judge Emmet G. Sullivan on March 25, 2013. (lcegs4)
141
Filed & Entered:  03/28/2013
Terminated: 04/08/2013
Motion for Leave to File
Docket Text: MOTION for Leave to File Supplemental Answer to First Amended Complaint by HUMANE SOCIETY OF THE UNITED STATES (Attachments: # (1) Exhibit, # (2) Exhibit)(Nes, William)
142
Filed & Entered:  04/02/2013
Notice of Appearance
Docket Text: NOTICE of Appearance by Graham B. Rollins on behalf of HUMANE SOCIETY OF THE UNITED STATES (Rollins, Graham)
 
Filed & Entered:  04/03/2013
Scheduling Conference
Docket Text: Minute Entry for proceedings held before Magistrate Judge John M. Facciola: Scheduling/Status Conference held on 4/3/2013. (Court Reporter Bowles Reporting Services.) (ldc, )
143
Filed & Entered:  04/04/2013
Response to motion
Docket Text: RESPONSE re [141] MOTION for Leave to File Supplemental Answer to First Amended Complaint filed by FELD ENTERTAINMENT, INC.. (Simpson, John)
 
Filed & Entered:  04/08/2013
Order on Motion for Leave to File
Docket Text: MINUTE ORDER granting [141] MOTION for Leave to File Supplemental Answer to First Amended Complaint by Humane Society of the United States. HSUS's Supplemental Answer is hereby deemed filed. Signed by Judge Emmet G. Sullivan on April 8, 2013. (lcegs4)
144
Filed & Entered:  04/08/2013
Supplemental Memorandum
Docket Text: SUPPLEMENTAL re [103] Answer to Amended Complaint filed by HUMANE SOCIETY OF THE UNITED STATES. (jf, )
145
Filed & Entered:  04/19/2013
Notice of Appearance
Docket Text: NOTICE of Appearance by Terrance Gilroy Reed on behalf of TOM RIDER (Reed, Terrance)
146
Filed & Entered:  04/22/2013
Terminated: 04/23/2013
Motion for Leave to Appear Pro Hac Vice
Docket Text: MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Peter T. Foley, :Firm- Foley Law Office, :Address- P.O. Box 2753, Concord, N.H. 03302. Phone No. - (603) 224-6368. Fax No. - (603) 227-0777 by TOM RIDER (Attachments: # (1) Declaration Declaration of P. Foley)(Reed, Terrance)
 
Filed & Entered:  04/23/2013
Order on Motion for Leave to Appear Pro Hac Vice
Docket Text: MINUTE ORDER granting [146] Motion for Leave to Appear Pro Hac Vice. Peter T. Foley is hereby admitted pro hac vice to represent defendant Tom Rider in this matter. Signed by Judge Emmet G. Sullivan on April 23, 2013. (lcegs4)
 
Filed & Entered:  04/23/2013
Order
Docket Text: MINUTE ORDER. Pending before the Court is [115] plaintiff Feld Entertainment, Inc.'s ("FEI") motion to strike affirmative defenses. Upon consideration, plaintiff's motion to strike is GRANTED IN PART AND DENIED IN PART. "Striking pleadings is generally disfavored as an extreme remedy" which should only be granted when it is clear that removal "would avoid wasting unnecessary time and money litigating the invalid defense." Intex Rec. Corp. v. Team Worldwide Corp., 390 F. Supp. 2d 21, 24 (D.D.C. 2005) (citations omitted)). A motion to strike is also "appropriate when there are no circumstances under which a defense could succeed." Id. (citation omitted). FEI's motion to strike the defenses of contributory negligence/assumption of the risk, lack of privity, and due process violations as to any/all defendants asserting them shall be granted. Contributory negligence/assumption of the risk "is a defense only to negligent, not reckless or intentional, conduct." Gates v. Dist. of Columbia, 825 F. Supp. 2d 168, 172 (D.D.C. 2011). FEI has not alleged any claims for negligence; all of its claims are based on the defendants' allegedly intentional conduct. Meyer, Glitzenstein & Crystal's ("MGC") and Tom Rider's affirmative defense of lack of privity shall also be stricken. Defendants concede that this defense is only available as against FEI's maintenance claim, but FEI does not assert a maintenance claim against Rider or MGC. Opp'n to Motion to Strike at 11-12; Reply in Support of Mot. to Strike at 11. In addition, Animal Welfare Institute's, Jonathan Lovvorn's and Kimberly Ockene's affirmative defense of denial of due process shall be stricken. The protections of the due process clause apply to governmental action, which is not present in this case. Finally, the Court notes that defendants have withdrawn the D.C. Anti-SLAPP act as an affirmative defense. See Opp'n to Mot. to Strike at 1, 15. The remaining defenses FEI seeks to strike are reasonable/good faith conduct, compliance with the D.C. Rules of Professional Conduct, conduct taken by others outside defendants' control, unclean hands, in pari delecto, laches, estoppel and waiver. These defenses are essentially denials of plaintiff's allegations that the defendants proximately caused its injuries; however, the burden of proof remains on FEI to prove causation in order to prevail in the litigation. Accordingly, because causation will be central to the litigation of this action regardless of the presence of these affirmative defenses, the Court declines to exercise its "liberal discretion" to strike them at this time. Intex Rec. Corp., 390 F. Supp. 2d at 24 (citations omitted). SO ORDERED. Signed by Judge Emmet G. Sullivan on April 23, 2013. (lcegs4)
 
Filed & Entered:  04/23/2013
Order
Docket Text: MINUTE ORDER. Pending before the Court is [113] Feld Entertainment, Inc.'s ("FEI") motion to dismiss or stay Meyer, Glitzenstein & Crystal's ("MGC") counterclaim for abuse of process. Upon consideration, the motion is DENIED. Abuse of process occurs when "process has been used to accomplish some end which is without the regular purview of the process, or which compels the party against whom it is used to do some collateral thing which he could not legally and regularly be required to do." Morowitz v. Marvel, 423 A.2d 196, 198 (D.C. 1980). To state a claim for abuse of process, a party must allege "(1) the existence of an ulterior motive; and (2) an act in the use of process other than such as would be proper in the regular prosecution of the charge." Houlahan v. World Wide Ass'n of Specialty Programs & Sch., 677 F. Supp 2d 195, 199 (D.D.C. 2010) (citations omitted). MGC alleges that FEI had several ulterior motives for prosecuting it in this action, including impairing the relationship between MGC and its animal protection clients, draining it of resources, and ultimately forcing it out of business. See [97] Answer of MGC, Counterclaim Count I, Abuse of Process 8. It further alleges that FEI improperly added it to this litigation as a party years after the litigation commenced, knowing it was time-barred. Id. 2-7. And it alleges that FEI is using this process, as it has done in other instances in the past, to engage in surveillance of animal rights activists, stifle criticism, and prevent advocacy directed at FEI's treatment of animals. Id. 13-14. At this stage of the proceedings, defendants have adequately alleged the elements of the cause of action. See Feld Entm't, Inc. v. ASPCA, 873 F. Supp. 2d 288, 330-31 (D.D.C. 2012). FEI's motion in the alternative to stay the counterclaim is likewise DENIED. As FEI points out, this case has already been pending for several years. Mot. to Dismiss or Stay Counterclaim at 21. There is no reason to guarantee further delay by preventing any possible discovery regarding the counterclaim from going forward for an indeterminate length of time. FEI shall respond to the Counterclaim by no later than May 3, 2013. SO ORDERED. Signed by Judge Emmet G. Sullivan on April 23, 2013. (lcegs4)
 
Filed & Entered:  04/23/2013
Order
Docket Text: MINUTE ORDER. Consistent with Local Civil Rules 72.1, 72.2 and 72.3, and in view of this Court's previous referral of matters in this case to Magistrate Judge John M. Facciola, the Court hereby refers this case to Magistrate Judge Facciola for full case management. Signed by Judge Emmet G. Sullivan on April 23, 2013. (lcegs4)
147
Filed: 04/23/2013
Entered: 04/25/2013
Case Referred to Magistrate Judge
Docket Text: CASE DIRECTLY REFERRED to Magistrate Judge John M. Facciola for Full Case Managment. (ls, )
148
Filed & Entered:  05/02/2013
Answer to Counterclaim
Docket Text: ANSWER to [97] Answer to Amended Complaint, COUNTERCLAIM,, by FELD ENTERTAINMENT, INC.. Related document: [97] Answer to Amended Complaint, COUNTERCLAIM,, filed by HOWARD M. CRYSTAL, ERIC R. GLITZENSTEIN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL.(Simpson, John)
149
Filed & Entered:  05/06/2013
Notice of Withdrawal of Appearance
Docket Text: NOTICE OF WITHDRAWAL OF APPEARANCE as to TOM RIDER. Attorney Stephen Louis Braga terminated. (Braga, Stephen)
150
Filed & Entered:  05/06/2013
Notice of Withdrawal of Appearance
Docket Text: NOTICE OF WITHDRAWAL OF APPEARANCE as to FUND FOR ANIMALS. Attorney Stephen Louis Braga terminated. (Smith, Logan)
 
Filed & Entered:  05/09/2013
Set/Reset Deadlines
Docket Text: Set/Reset Deadlines: Parties Proposed Order pertaining to discovery due by 5/24/2013. (ldc, )
151
Filed & Entered:  05/09/2013
Order
Docket Text: ORDER re discovery. Signed by Magistrate Judge John M. Facciola on 5/9/13. (SP, )
152
Filed & Entered:  05/24/2013
Notice (Other)
Docket Text: NOTICE of Meet and Confer and Proposed Rule 16(b)(3) Discovery Order by FELD ENTERTAINMENT, INC. (Attachments: # (1) Text of Proposed Order)(Simpson, John)
153
Filed: 05/24/2013
Entered: 05/30/2013
Meet and Confer Statement
Docket Text: JOINT MEET AND CONFER STATEMENT. (See Docket Entry [152] to view document) (jf, )
154
Filed & Entered:  06/11/2013
Order
Docket Text: ENTERED IN ERROR -- Declaration of Magistrate Judge John M. Facciola. Signed by Magistrate Judge John M. Facciola on 6/11/13. (SP, ) Modified on 6/11/2013 (SP, ).
155
Filed & Entered:  08/07/2013
Terminated: 08/08/2013
Motion to Compel
Docket Text: MOTION to Compel by ANIMAL WELFARE INSTITUTE (Attachments: # (1) Memorandum in Support, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Text of Proposed Order Proposed Order #1, # (6) Text of Proposed Order Proposed Order #2, # (7) Text of Proposed Order Proposed Order #3)(Neal, Stephen)
156
Filed & Entered:  08/08/2013
Order
Docket Text: ORDER. Signed by Magistrate Judge John M. Facciola on 8/8/13. (lcjmf1, )
157
Filed & Entered:  08/08/2013
Scheduling Order
Docket Text: SCHEDULING ORDER. Signed by Magistrate Judge John M. Facciola on 8/8/13. (lcjmf1, )
158
Filed & Entered:  08/08/2013
Notice of Withdrawal of Motion
Docket Text: NOTICE OF WITHDRAWAL OF MOTION by ANIMAL WELFARE INSTITUTE re [155] MOTION to Compel (Neal, Stephen)
159 (see 155)
Filed & Entered:  08/08/2013
Motion to Compel
Docket Text: MOTION to Compel by ANIMAL WELFARE INSTITUTE (Attachments: # (1) Memorandum in Support, # (2) Exhibit A, # (3) Exhibit B (Attachment hereto filed Under Seal), # (4) Exhibit C, # (5) Text of Proposed Order #1, # (6) Text of Proposed Order #2, # (7) Text of Proposed Order #3)(Neal, Stephen)
160
Filed & Entered:  08/08/2013
Notice (Other)
Docket Text: NOTICE (AWI's request for a hearing date) by ANIMAL WELFARE INSTITUTE re [159] MOTION to Compel (Neal, Stephen)
161
Filed & Entered:  08/08/2013
Notice (Other)
Docket Text: NOTICE of filing Under Seal (Attachment to Exhibit B to AWI's Motion to Compel ) by ANIMAL WELFARE INSTITUTE re [159] MOTION to Compel (Neal, Stephen)
08/09/2013 Set/Reset Deadlines/Hearings: Amended Pleadings and/or Joinder of New Parties due by 12/31/2013. Fact Discovery due by 6/2/2014. Dispositive Motions due by 10/1/2014. Response to Dispositive Motions due by 12/1/2014. Reply to Dispositive Motions due by 1/12/2015. Disclosure of Expert Witness List due by 4/1/2014. Experts Reports due by 7/1/2014. Expert Rebuttal Reports due by 08/15/14. Expert Discovery due by 09/15/14. Pretrial Conference set for 2/2/2015 10:00 AM in Courtroom 6 before Magistrate Judge John M. Facciola. Trial set for 6/1/2015 09:30 AM in Courtroom 6 before Magistrate Judge John M. Facciola. (ldc, ) (Entered: 08/09/2013)
08/16/2013163 NOTICE of Appearance by Andrea L. Moseley on behalf of ANIMAL WELFARE INSTITUTE (Moseley, Andrea) (Entered: 08/16/2013)
08/19/2013164  MEMORANDUM in Support of Entry of Protective Order by FELD ENTERTAINMENT, INC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Simpson, John) Modified on 8/20/2013 to correct docket event/text (jf, ). (Entered: 08/19/2013)
08/20/2013165 NOTICE of Appearance by Andrew Caridas on behalf of FUND FOR ANIMALS (Caridas, Andrew) (Entered: 08/20/2013)
08/26/2013166 Memorandum in opposition to re 159 MOTION to Compel (see 155) filed by FELD ENTERTAINMENT, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Text of Proposed Order)(Simpson, John) (Entered: 08/26/2013)
09/03/2013167 ORDER re discovery. Signed by Magistrate Judge John M. Facciola on 9/3/13. (SP, ) (Entered: 09/03/2013)
09/03/2013168 RESPONSE re 164 MOTION for Protective Order filed by MEYER, GLITZENSTEIN & CRYSTAL. (Braga, Stephen) (Entered: 09/03/2013)
09/06/2013169 REPLY to opposition to motion re 159 MOTION to Compel filed by ANIMAL WELFARE INSTITUTE. (Neal, Stephen) (Entered: 09/06/2013)
09/10/2013170 REPLY re 164 MOTION for Protective Order filed by FELD ENTERTAINMENT, INC.. (Attachments: # 1 Exhibit 5)(Simpson, John) (Entered: 09/10/2013)
09/10/2013171 RESPONSE TO ORDER OF THE COURT re 167 Order Regarding Party Depositions filed by FELD ENTERTAINMENT, INC.. (Simpson, John) (Entered: 09/10/2013)
09/11/2013172  MOTION to Clarifyand/or Modify Court's Aug. 8, 2013 Discovery Order (ECF 156) by HUMANE SOCIETY OF THE UNITED STATES (Attachments: # 1 Exhibit, # 2 Exhibit)(Nes, William). Added MOTION to Modify on 9/12/2013 (jf, ). (Entered: 09/11/2013)
09/12/2013 Minute Entry for proceedings held before Magistrate Judge John M. Facciola: Discovery Hearing held on 9/12/2013. (Court Reporter: Bowles Reporting Services.) (ldc, ) (Entered: 09/12/2013)
09/13/2013173 ORDER re discovery. Signed by Magistrate Judge John M. Facciola on 9/13/13. (SP, ) (Entered: 09/13/2013)
09/27/2013174 Memorandum in opposition to re 172 MOTION to Clarifyand/or Modify Court's Aug. 8, 2013 Discovery Order (ECF 156) MOTION to Modify filed by FELD ENTERTAINMENT, INC.. (Attachments: # 1 Text of Proposed Order)(Simpson, John) (Entered: 09/27/2013)
09/30/2013175 NOTICE of Appearance by Kathleen M. Braga on behalf of MEYER, GLITZENSTEIN & CRYSTAL (Braga, Kathleen) (Entered: 09/30/2013)
10/04/2013176 REPLY to opposition to motion re 172 MOTION to Clarifyand/or Modify Court's Aug. 8, 2013 Discovery Order (ECF 156) MOTION to Modify filed by HUMANE SOCIETY OF THE UNITED STATES. (Nes, William) (Entered: 10/04/2013)
10/16/2013177  MOTION for Summary Judgment by ERIC R. GLITZENSTEIN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL (Attachments: # 1 Exhibit A, # 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, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS, # 46 Exhibit TT, # 47 Exhibit UU, # 48 Exhibit VV, # 49 Exhibit WW, # 50 Exhibit XX, # 51 Exhibit YY, # 52 Exhibit ZZ, # 53 Exhibit AAA, # 54 Exhibit BBB)(Braga, Stephen) (Entered: 10/16/2013)
10/23/2013178 NOTICE of Appearance by Miles Jarrad Wright on behalf of ANIMAL WELFARE INSTITUTE (Wright, Miles) (Entered: 10/23/2013)
10/24/2013179 Consent MOTION for Extension of Time to Consent Motion to Adjust Summary Judgment Briefing Schedule by FELD ENTERTAINMENT, INC. (Attachments: # 1 Text of Proposed Order)(Simpson, John) (Entered: 10/24/2013)
10/25/2013180 NOTICE of Death by TOM RIDER (Reed, Terrance) (Entered: 10/25/2013)
10/29/2013 MINUTE ORDER granting 179 Motion for Extension of Time. Signed by Magistrate Judge John M. Facciola on 1o/29/2013. (SP, ) (Entered: 10/29/2013)
10/29/2013 Set/Reset Deadlines: Plaintiff Responses due by 11/22/2013; Defendants Replies due by 12/16/2013. (ldc, ) (Entered: 10/29/2013)
11/22/2013181 Memorandum in opposition to re 177 MOTION for Summary Judgment [REDACTED] filed by FELD ENTERTAINMENT, INC.. (Attachments: # 1 Responses and Objections to MGC's Statement of Material Facts [REDACTED], # 2 Exhibit 1, # 3 Exhibit 2 [REDACTED], # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14 (part 1), # 16 Exhibit 14 (part 2), # 17 Exhibit 14 (part 3), # 18 Exhibit 14 (part 4))(Simpson, John) (Entered: 11/22/2013)
11/22/2013182 LARGE ADDITIONAL ATTACHMENT(S) by FELD ENTERTAINMENT, INC. 181 Memorandum in Opposition,, filed by FELD ENTERTAINMENT, INC.. (Attachments: # 1 Exhibit 15, # 2 Exhibit 16 (part 1), # 3 Exhibit 16 (part 2), # 4 Exhibit 16 (part 3), # 5 Exhibit 16 (part 4), # 6 Exhibit 16 (part 5), # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20, # 11 Exhibit 21, # 12 Exhibit 22, # 13 Exhibit 23, # 14 Exhibit 24, # 15 Exhibit 25, # 16 Exhibit 26, # 17 Exhibit 27 [REDACTED], # 18 Exhibit 28 [REDACTED], # 19 Exhibit 29, # 20 Exhibit 30, # 21 Text of Proposed Order)(Simpson, John) (Entered: 11/22/2013)
11/22/2013183 SEALED OPPOSITION filed by FELD ENTERTAINMENT, INC.. re 177 MOTION for Summary Judgment (Attachments: # 1 Responses and Objections to Statement of Material Facts [FILED UNDER SEAL], # 2 Exhibit 2 [FILED UNDER SEAL], # 3 Exhibit 27 [FILED UNDER SEAL], # 4 Exhibit 28 [FILED UNDER SEAL], # 5 Notice of Filing Under Seal, # 6 Certificate of Service)(Simpson, John) (Entered: 11/22/2013)
12/02/2013184  MOTION for Protective Order by ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, HUMANE SOCIETY OF THE UNITED STATES (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6 (placeholder), # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9, # 10 Exhibit Ex. 10 (obtain this document on PACER), # 11 Exhibit Ex. 11 (placeholder), # 12 Exhibit Ex. 12, # 13 Exhibit Ex. 13, # 14 Exhibit Ex. 14, # 15 Exhibit Ex. 15, # 16 Exhibit Ex. 16, # 17 Exhibit Ex. 17)(Caridas, Andrew) (Entered: 12/02/2013)
12/06/2013185 RESPONSE re 184 MOTION for Protective Order filed by WILDLIFE ADVOCACY PROJECT. (Braga, Stephen) (Entered: 12/06/2013)
12/16/2013186 REPLY to opposition to motion re 177 MOTION for Summary Judgment filed by ERIC R. GLITZENSTEIN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL. (Braga, Stephen) (Entered: 12/16/2013)
12/17/2013187 Consent MOTION to Adjust Pre-Trial Schedule by FELD ENTERTAINMENT, INC. (Simpson, John) (Entered: 12/17/2013)
12/19/2013188 Memorandum in opposition to re 184 MOTION for Protective Order filed by FELD ENTERTAINMENT, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Part I), # 8 Exhibit G (Part II), # 9 Exhibit H)(Simpson, John) (Entered: 12/19/2013)
12/20/2013189 NOTICE of Proposed Order by FELD ENTERTAINMENT, INC. re 188 Memorandum in Opposition, (Attachments: # 1 Text of Proposed Order)(Simpson, John) (Entered: 12/20/2013)
12/23/2013190 Consent MOTION for Extension of Time to File Response/Reply as to 184 MOTION for Protective Order by ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, HUMANE SOCIETY OF THE UNITED STATES, WILDLIFE ADVOCACY PROJECT (Attachments: # 1 Text of Proposed Order)(Caridas, Andrew) (Entered: 12/23/2013)
12/23/2013191 NOTICE of Objection to Misrepresentation in Consent Motion by FELD ENTERTAINMENT, INC. (Simpson, John) (Entered: 12/23/2013)
12/27/2013 MINUTE ORDER granting 187 Motion to adjust pretrial schedule. Signed by Magistrate Judge John M. Facciola on 12/27/13. (SP, ) (Entered: 12/27/2013)
12/27/2013 Set/Reset Deadlines/Hearings: Deadline for Amendments to Pleadings and/or Joinder of New Parties due by 2/28/2014. Disclosure of Expert Witnesses List due by 6/2/2014. Fact Discovery due by 08/4/2014. Expert Reports due by 09/02/14. Expert Rebuttal Reports due by 10/15/2014. Expert Discovery due by 11/17/14. Dispositive Motions due by 12/1/2014. Response to Dispositive Motions due by 2/2/2015. Replies to Dispositive Motions due by 3/12/2015. Pretrial Conference set for 4/1/2015 10:00 AM in Courtroom 6 before Magistrate Judge John M. Facciola. Jury Trial set for 8/3/2015 09:30 AM in Courtroom 6 before Magistrate Judge John M. Facciola. (ldc, ) Modified on 12/31/2013 (ldc, ). (Entered: 12/27/2013)
12/30/2013 MINUTE ORDER granting 190 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge John M. Facciola on 12/30/13. (SP, ) Modified on 12/30/2013 (SP, ). (Entered: 12/30/2013)
12/30/2013 Set/Reset Deadlines: Replies in support of the Motion for Protective Order due by 1/3/2014. (ldc, ) (Entered: 12/30/2013)
12/30/2013192  MOTION to Substitute Party Tom Rider by FELD ENTERTAINMENT, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Simpson, John) (Entered: 12/30/2013)
01/03/2014193 REPLY to opposition to motion re 184 MOTION for Protective Order filed by ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, HUMANE SOCIETY OF THE UNITED STATES, WILDLIFE ADVOCACY PROJECT. (Caridas, Andrew) (Entered: 01/03/2014)
01/16/2014194 Memorandum in opposition to re 192 MOTION to Substitute Party Tom Rider AMICUS BRIEF filed by TOM RIDER. (Reed, Terrance) (Entered: 01/16/2014)
01/23/2014195 MEMORANDUM ORDER. Signed by Magistrate Judge John M. Facciola on 1/23/14. (SP, ) (Entered: 01/23/2014)
01/23/2014196 ORDER granting 172 Motion to Clarify; granting 172 Motion to Modify. Signed by Magistrate Judge John M. Facciola on 1/23/14. (SP, ) (Entered: 01/23/2014)
01/23/2014 Set/Reset Deadlines: FEI praecipe due by 1/28/2014. (ldc, ) (Entered: 01/23/2014)
01/27/2014197 REPLY to opposition to motion re 192 MOTION to Substitute Party Tom Rider filed by FELD ENTERTAINMENT, INC.. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibit 9, # 5 Exhibit 10)(Simpson, John) (Entered: 01/27/2014)
01/28/2014198 NOTICE of Praecipe Filed Pursuant to the Court's January 23, 2014 Order by FELD ENTERTAINMENT, INC. re 195 Order (Simpson, John) (Entered: 01/28/2014)
01/31/2014199 NOTICE of Objection to January 23, 2014 Order by FELD ENTERTAINMENT, INC. re 195 Order (Simpson, John) (Entered: 01/31/2014)
02/18/2014200 RESPONSE re 199 Notice (Other) (Opposition to Feld Entertainment, Inc.'s Notice of Objection to January 23, 2014 Order) filed by ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS. (Attachments: # 1 Text of Proposed Order)(Neal, Stephen) (Entered: 02/18/2014)
02/20/2014201 PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal. Signed by Magistrate Judge John M. Facciola on 2/20/14. (SP, ) (Entered: 02/20/2014)
02/20/2014202 MEMORANDUM OPINION AND ORDER denying 184 Motion for Protective Order. Signed by Magistrate Judge John M. Facciola on 2/20/14. (SP, ) (Entered: 02/20/2014)
02/20/2014 MINUTE ORDER granting 164 Motion for Protective Order. See 201 for Protective Order. Signed by Magistrate Judge John M. Facciola on 2/20/14. (SP, ) Modified on 2/20/2014 (SP, ). (Entered: 02/20/2014)
02/28/2014203 Consent MOTION for Leave to File /Amend AWI, FFA, HSUS, Born Free USA, Lovvorn and Ockene's Answers to Bring Additional Affirmative Defenses by ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KIMBERLY D. OCKENE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A (AWI's Amended Answer to First Amended Complaint), # 4 Exhibit B (FFA's Amended Answer to First Amended Complaint), # 5 Exhibit C (HSUS' Amended Answer to 1st Amended Complaint), # 6 Exhibit D (Born Free USA's Amended Answer to First Amended Complaint), # 7 Exhibit E (Lovvorn's Amended Answer to First Amended Complaint), # 8 Exhibit F (Ockene's Amended Answer to First Amended Complaint))(Neal, Stephen) . (Entered: 02/28/2014)
02/28/2014204 Unopposed MOTION to Amend/Correct 98 Answer to Amended Complaint by WILDLIFE ADVOCACY PROJECT (Attachments: # 1 Exhibit First Amended Complaint, # 2 Text of Proposed Order Proposed Order)(Braga, Stephen) (Entered: 02/28/2014)
02/28/2014205 Consent MOTION for Leave to File Second Amended Complaint by FELD ENTERTAINMENT, INC. (Attachments: # 1 Exhibit 1 (Second Amended Complaint), # 2 Exhibit 2 (Redline of Second Amended Complaint), # 3 Text of Proposed Order)(Simpson, John) (Entered: 02/28/2014)
03/03/2014 MINUTE ORDER granting 204 Motion to Amend/Correct. Signed by Magistrate Judge John M. Facciola on 3/3/14. (SP, ) (Entered: 03/03/2014)
03/03/2014 MINUTE ORDER granting 205 Motion for Leave to File. Signed by Magistrate Judge John M. Facciola on 3/3/14. (SP, ) (Entered: 03/03/2014)
03/06/2014214 NOTICE OF OBJECTIONS TO THE FEBRUARY 20, 2014 MEMORANDUM AND ORDER REQUIRING THE DISCLOSURE OF DONOR IDENTITIES OF THE NON-PROFIT ORGANIZATION DEFENDANTS by WILDLIFE ADVOCACY PROJECT re 202 Order on Motion for Protective Order (Braga, Stephen) (Entered: 03/06/2014)
03/06/2014215 NOTICE of Objection by ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, HUMANE SOCIETY OF THE UNITED STATES re 202 Order on Motion for Protective Order (Attachments: # 1 Text of Proposed Order)(Caridas, Andrew) (Entered: 03/06/2014)
03/11/2014216 AFFIDAVIT re 192 MOTION to Substitute Party Tom Rider (Affidavit of Service of Tammy Rider) by FELD ENTERTAINMENT, INC.. (Petteway, Kara) (Entered: 03/11/2014)
03/11/2014217 AFFIDAVIT re 192 MOTION to Substitute Party Tom Rider (Affidavit of Service of Tracie Rider) by FELD ENTERTAINMENT, INC.. (Petteway, Kara) (Entered: 03/11/2014)
03/11/2014218  MOTION for Extension of Time to File Answer re 213 Amended Complaint, by ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, WILDLIFE ADVOCACY PROJECT (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Neal, Stephen) (Entered: 03/11/2014)
03/12/2014219  MOTION to Stay re 214 Notice (Other), 202 Order on Motion for Protective Order, 215 Notice (Other) (Defendants' Motion to Stay Production of Privileged Materials Pending Resolution of R. 72 Objections) by ANIMAL WELFARE INSTITUTE, FUND FOR ANIMALS, HUMANE SOCIETY OF THE UNITED STATES, WILDLIFE ADVOCACY PROJECT (Attachments: # 1 Memorandum in Support, #2 Text of Proposed Order)(Neal, Stephen) (Entered: 03/12/2014)
03/13/2014220 RESPONSE re 218 MOTION for Extension of Time to File Answer re 213 Amended Complaint, filed by FELD ENTERTAINMENT, INC.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Simpson, John) (Entered: 03/13/2014)
03/13/2014221 REPLY to opposition to motion re 218 MOTION for Extension of Time to File Answer re 213 Amended Complaint, filed by ANIMAL PROTECTION INSTITUTE, ANIMAL WELFARE INSTITUTE, HOWARD M. CRYSTAL, FUND FOR ANIMALS, ERIC R. GLITZENSTEIN, HUMANE SOCIETY OF THE UNITED STATES, JONATHAN R. LOVVORN, KATHERINIE A. MEYER, MEYER, GLITZENSTEIN & CRYSTAL, KIMBERLY D. OCKENE, WILDLIFE ADVOCACY PROJECT. (Caridas, Andrew) (Entered: 03/13/2014)
03/18/2014 MINUTE ORDER granting 218 Motion for Extension of Time to Answer. Signed by Magistrate Judge John M. Facciola on 3/18/14. (SP, ) (Entered: 03/18/2014)