Psenicska v. Twentieth Century Fox Film Corporation et al

Plaintiff:Michael Psenicska
Defendant:Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Lewis and Sacha Baron Cohen
 
Case Number:1:2007cv10972
Filed:December 3, 2007
 
Court:New York Southern District Court
Office:Foley Square Office [ Court Info ]
County:XX Out of State
Presiding Judge:Judge Loretta A. Preska
Presiding Judge:Judge Unassigned
 
Nature of Suit:Torts - Property - Other Fraud
Cause:28:1332 Diversity-Fraud
Jurisdiction:Federal Question
Jury Demanded By:None
Date Filed # Docket Text
December 3, 2007 1 COMPLAINT against Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Lewis, Sacha Baron Cohen. (Filing Fee $ 350.00, Receipt Number 634834)Document filed by Michael Psenicska.(jeh) (jeh). (Entered: December 6, 2007)
December 3, 2007 SUMMONS ISSUED as to Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Lewis, Sacha Baron Cohen. (jeh) (Entered: December 6, 2007)
December 3, 2007 Case Designated ECF. (jeh) (Entered: December 6, 2007)
December 3, 2007 CASE REFERRED TO Judge Loretta A. Preska as possibly Related to 07cv4635. (jeh) (Entered: December 6, 2007)
December 13, 2007 CASE ACCEPTED AS RELATED. Create association to 1:07-cv-04635-LAP. Notice of Assignment to follow. (jeh) (Entered: December 19, 2007)
December 13, 2007 Magistrate Judge Henry B. Pitman is so designated. (jeh) Modified on 12/19/2007 (jeh). (Entered: December 19, 2007)
December 19, 2007 2 NOTICE OF CASE ASSIGNMENT to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (jeh) (Entered: December 19, 2007)
January 2, 2008 3 STIPULATION AND ORDER, that defendant Fox shall have until and including 2/1/08 to answer the complaint. Twentieth Century Fox Film Corporation answer due 2/1/2008. (Signed by Judge Loretta A. Preska on 12/31/07) (cd) (Entered: January 2, 2008)
January 14, 2008 4 STIPULATION AND ORDER, that One America and Schulman shall now have until, and including, 2/1/08 to answer the complaint. One America Productions, Inc. answer due 2/1/2008; Todd Lewis answer due 2/1/2008. (Signed by Judge Loretta A. Preska on 1/14/08) (cd) (Entered: January 15, 2008)
January 17, 2008 5 AFFIDAVIT OF SERVICE of Summons and Complaint. Twentieth Century Fox Film Corporation served on 12/14/2007, answer due 2/1/2008. Service was accepted by Patrick Gilman. Document filed by Michael Psenicska. (Levine, Peter) (Entered: January 17, 2008)
January 17, 2008 6 AFFIDAVIT OF SERVICE of Summons and Complaint. One America Productions, Inc. served on 12/14/2007, answer due 2/1/2008. Service was accepted by Benjamin Reder. Document filed by Michael Psenicska. (Levine, Peter) (Entered: January 17, 2008)
January 17, 2008 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Todd Lewis served on 1/3/2008, answer due 2/1/2008. Service was accepted by Benjamin Reder. Document filed by Michael Psenicska. (Levine, Peter) (Entered: January 17, 2008)
February 1, 2008 8 STIPULATION AND ORDER: The parties Fox, One America, Schulman and Cohen shall have until, and including 2/15/08, to answer, move or otherwise respond to the Complaint. (Signed by Judge Leonard B. Sand on 1/31/08)- Part I (tro) (Entered: February 1, 2008)
February 15, 2008 9 MOTION to Dismiss. Document filed by Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Lewis, Sacha Baron Cohen. (Attachments: # 1 Certificate of Service)(Metcalf, Slade) (Entered: February 15, 2008)
February 15, 2008 10 DECLARATION of Joan Hansen in Support re: 9 MOTION to Dismiss.. Document filed by Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Lewis, Sacha Baron Cohen. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Metcalf, Slade) (Entered: February 15, 2008)
February 15, 2008 11 DECLARATION of Slade R. Metcalf in Support re: 9 MOTION to Dismiss.. Document filed by Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Lewis, Sacha Baron Cohen. (Attachments: # 1 Exhibit A)(Metcalf, Slade) (Entered: February 15, 2008)
February 15, 2008 12 MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss.. Document filed by Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Lewis, Sacha Baron Cohen. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Metcalf, Slade) (Entered: February 15, 2008)
February 15, 2008 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Twentieth Century Fox Film Corporation.(Metcalf, Slade) (Entered: February 15, 2008)
February 15, 2008 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by One America Productions, Inc..(Metcalf, Slade) (Entered: February 15, 2008)
February 26, 2008 15 STIPULATION AND ORDER, that plaintiff shall now have until,and including, 4/8/08 to serve any Opposition to Defendants' Motion to Dismiss and defendants shall have until 4/29/08. Set Deadlines/Hearing as to 9 MOTION to Dismiss. ( Response due by 4/8/2008. Reply due by 4/29/2008.) (Signed by Judge Loretta A. Preska on 2/25/08) (cd) (Entered: February 26, 2008)
April 8, 2008 16 MEMORANDUM OF LAW in Opposition re: 9 MOTION to Dismiss.. Document filed by Michael Psenicska. (Levine, Peter) (Entered: April 8, 2008)
April 29, 2008 17 REPLY MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss.. Document filed by Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Lewis, Sacha Baron Cohen. (Attachments: # 1 Certificate of Service)(Metcalf, Slade) (Entered: April 29, 2008)
April 29, 2008 18 NOTICE OF APPEARANCE by Katherine Mary Bolger on behalf of Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Lewis, Sacha Baron Cohen (Attachments: # 1 Certificate of Service)(Bolger, Katherine) (Entered: April 29, 2008)
April 29, 2008 19 NOTICE OF APPEARANCE by Rachel Fan Stern Strom on behalf of Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Lewis, Sacha Baron Cohen (Attachments: # 1 Certificate of Service)(Strom, Rachel) (Entered: April 29, 2008)
July 17, 2008 20 NOTICE OF CHANGE OF ADDRESS by Peter Michael Levine on behalf of Michael Psenicska. New Address: Peter M. Levine, 420 Lexington Avenue, Suite 2620, New York, New York, USA 10170, 212-599-0009. (Levine, Peter) (Entered: July 17, 2008)
September 3, 2008 21 MEMORANDUM AND ORDER: For the reasons stated above, the Agreements in each of the above-captioned actions is unambiguous and, based on the language of those Agreements, these Plaintiffs may not now maintain a defense of fraud in the inducement. The Agreements are thus enforceable, and the provisions contained therein waiving Plaintiffs' respective rights to bring any and all claims against Defendants with respect to Borat prevent the instant actions. Therefore, Defendants' motion to dismiss in Psenicska v. Twentieth Century Fox Corp., 07 Civ. 10972 [dkt. no. 9], Streit v. Twentieth Century Fox Corp., 08 Civ. 1571 [dkt. no. 9J and Martin v. Mazel, 08 Civ. 1828 [dkt. no. 12] are all hereby GRANTED. The Clerk of the Court shall mark each action closed and deny all pending motions as moot.. (Signed by Judge Loretta A. Preska on 9/3/2008) (jpo) (Entered: September 4, 2008)
September 18, 2008 22 NOTICE OF APPEAL from 21 Order on Motion to Dismiss. Document filed by Michael Psenicska. Filing fee $ 455.00, receipt number E 663570. (nd) (Entered: September 18, 2008)
September 18, 2008 Transmission of Notice of Appeal to the District Judge re: 22 Notice of Appeal. (nd) (Entered: September 18, 2008)
September 18, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 22 Notice of Appeal. (nd) (Entered: September 18, 2008)
September 18, 2008 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 14 Rule 7.1 Corporate Disclosure Statement filed by One America Productions, Inc., 15 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, 5 Affidavit of Service Complaints filed by Michael Psenicska, 9 MOTION to Dismiss. filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 10 Declaration in Support of Motion, filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 3 Stipulation and Order, Set Deadlines/Hearings, 11 Declaration in Support of Motion filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 13 Rule 7.1 Corporate Disclosure Statement filed by Twentieth Century Fox Film Corporation, 12 Memorandum of Law in Support of Motion filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 8 Stipulation and Order, Set Deadlines/Hearings, 16 Memorandum of Law in Opposition to Motion filed by Michael Psenicska, 22 Notice of Appeal filed by Michael Psenicska, 1 Complaint filed by Michael Psenicska, 21 Order on Motion to Dismiss,,, 19 Notice of Appearance filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 2 Notice of Case Assignment/Reassignment, 17 Reply Memorandum of Law in Support of Motion filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 18 Notice of Appearance filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 7 Affidavit of Service Complaints filed by Michael Psenicska, 20 Notice of Change of Address filed by Michael Psenicska, 6 Affidavit of Service Complaints filed by Michael Psenicska, 4 Stipulation and Order, Set Deadlines/Hearings,, were transmitted to the U.S. Court of Appeals. (nd) (Entered: September 18, 2008)
September 22, 2008 Transmission to Judgments and Orders Clerk. Transmitted re: 21 Order on Motion to Dismiss, to the Judgments and Orders Clerk. (jpo) (Entered: September 22, 2008)
September 24, 2008 23 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated September 3, 2008, defendants motions to dismiss are granted; accordingly, each case is closed and all pending motions denied as moot. (Signed by J. Michael McMahon, clerk on 9/24/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: September 24, 2008)
November 3, 2008 Appeal Record Re-Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 23 Clerk's Judgment, 14 Rule 7.1 Corporate Disclosure Statement filed by One America Productions, Inc., 15 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, 5 Affidavit of Service Complaints filed by Michael Psenicska, 9 MOTION to Dismiss. filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 10 Declaration in Support of Motion, filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 3 Stipulation and Order, Set Deadlines/Hearings, 11 Declaration in Support of Motion filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 13 Rule 7.1 Corporate Disclosure Statement filed by Twentieth Century Fox Film Corporation, 12 Memorandum of Law in Support of Motion filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 8 Stipulation and Order, Set Deadlines/Hearings, 16 Memorandum of Law in Opposition to Motion filed by Michael Psenicska, 22 Notice of Appeal filed by Michael Psenicska, 1 Complaint filed by Michael Psenicska, 21 Order on Motion to Dismiss,,, 19 Notice of Appearance filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 2 Notice of Case Assignment/Reassignment, 17 Reply Memorandum of Law in Support of Motion filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 18 Notice of Appearance filed by Sacha Baron Cohen, One America Productions, Inc., Twentieth Century Fox Film Corporation, Todd Lewis, 7 Affidavit of Service Complaints filed by Michael Psenicska, 20 Notice of Change of Address filed by Michael Psenicska, 6 Affidavit of Service Complaints filed by Michael Psenicska, 4 Stipulation and Order, Set Deadlines/Hearings, USCA Case Number 08-4604-cv, were re-transmitted to the U.S. Court of Appeals. (nd) (Entered: November 3, 2008)
Docket Report Last Checked: November 22, 2009 20:26:46 PST
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Plaintiff: Michael Psenicska
Represented By: Diane Krausz, Peter Michael Levine
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Defendant: Twentieth Century Fox Film Corporation
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Defendant: One America Productions, Inc.
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Defendant: Todd Lewis
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Defendant: Sacha Baron Cohen
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