Case details

Court: nysd
Docket #: 1:97-cv-00136
Case Name: Messenger v. Gruner + Jahr Printi, et al
PACER case #: 159581
Date filed: 1997-01-09
Date terminated: 1998-03-31
Assigned to: Judge Lewis A. Kaplan
Case Cause: 28:1332 Diversity-Personal Injury
Nature of Suit: 360 P.I.: Other
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Jamie Messenger
Plaintiff
an infant under the age of eighteen, by her mother and "next friend" Donna Messenger		 
Arthur M. Lieberman
Dickstein Shapiro LLP (NYC)
1633 Broadway
New York, NY 10019-6708
(212) 835-1414
Fax: (212) 997-9880
Email: liebermana@dsmo.com
LEAD ATTORNEY

Mitchell A Stein
Northport, NY 11768
Email: iplawyer@kingofip.com
LEAD ATTORNEY
Gruner + Jahr Printing and Publishing
Defendant
also known asGruner + Jahr USA		 
Robert G. Sugarman
Weil, Gotshal & Manges LLP (NYC)
767 Fifth Avenue, 25th Fl.
New York, NY 10153
2123108000
Fax: 2128333148
Email: robert.sugarman@weil.com
LEAD ATTORNEY
Sally Lee
Defendant
as editor-in-chief of "YM, Young & Modern,"		 
Robert G. Sugarman
(See above for address)
LEAD ATTORNEY

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1997-01-09 1 0 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 277984 (ba) (Entered: 01/10/1997)
1997-01-09 2 0 Rule 9 certificate filed by Jamie Messenger (ba) (Entered: 01/10/1997)
1997-01-17 3 0 Order setting pretrial conference for the purposes of and agreed scheduling order; Pretrial conference set for 2:00 3/28/97 ( signed by Judge Lewis A. Kaplan ) (pl) (Entered: 01/21/1997)
1997-01-24 4 0 RETURN OF SERVICE of summons and ocmplaint executed as to Gruner + Jahr USA upon Rachel Sandberg on 1/9/97. Answer due on 1/29/97 for Gruner Jahr USA (djc) (Entered: 01/28/1997)
1997-01-30 5 0 ANSWER to Complaint by Gruner + Jahr USA, Sally Lee (Attorney Robert G. Sugarman) (ae) Modified on 02/04/1997 (Entered: 02/04/1997)
1997-01-30 6 0 Rule 9 certificate filed by Gruner + Jahr USA (ae) Modified on 02/04/1997 (Entered: 02/04/1997)
1997-01-30 7 0 Rule 9 certificate filed by Sally Lee (ae) (Entered: 02/04/1997)
1997-02-26 8 0 CONSENT SCHEDULING ORDER setting Joining of parties,amending of pleadings on 3:00 10/6/97 ; Pretrial order to be submitted on or before 10/1/97 ; Discovery cutoff 7/17/97.....(see order)....; ( signed by Judge Lewis A. Kaplan ) ; Copies mailed (pl) (Entered: 02/27/1997)
1997-04-07 9 0 Filed Memo_Endorsement on letter dated 4/2/97, plntf request for a protective order re discovery etc is denied ( signed by Judge Lewis A. Kaplan ) (cd) (Entered: 04/08/1997)
1997-04-15 10 0 STIPULATION PROTECTIVE ORDER, for the purpose of assuring the confidentiality of documents produced or information discosed and designated as "Confidential" in accordance to the terms and conditions of this protective order. ( signed by Judge Lewis A. Kaplan ). (kw) (Entered: 04/16/1997)
1997-07-02 11 0 SCHEDULING ORDER setting Discovery cutoff 8/31/97 ; Deadline for filing of summary judgment motions 10/15/97 ; Pretrial order, proposed jury instructions and requested voir dire questions to be submitted on or before 10/15/97 ; Trial ready deadline 10/15/97 ; ( signed by Judge Lewis A. Kaplan ) ; Copies mailed (ae) (Entered: 07/07/1997)
1997-07-03 12 0 ORDER, set expert witness list due for 7/17/97 , Gruner + Jahr Printing and Publishing is hereby substituted as a defendnat for the defendant Gruner + Jahr USA Publishing , reset scheduling order deadlines: Discovery cutoff 8/31/97 Pretrial order to be submitted on or before 10/15/97 ; ( signed by Judge Lewis A. Kaplan ); Copies mailed (ae) (Entered: 07/07/1997)
1997-07-31 13 0 ORDER, regarding resolution of discovery disputes contained in the letters from counsel for both sides dated 7/25/97 ( signed by Judge Lewis A. Kaplan ); Copies mailed (emil) (Entered: 08/01/1997)
1997-09-26 14 0 Filed Memo-Endorsement on letter to Judge Kaplan from Robert G. Sugarman dated 09/23/97, reset scheduling order deadlines: Deadline for filing of dispositive motions by 10/31/97; plaintiff's Response to motion deadline 12/1/97; defendant's Reply to response to motion deadline 12/15/97; Pretrial order to be submitted on or before 12/15/97; Trial ready deadline 1/1/98 ; all activities with respect to experts will be completed by November 30, 1997 and the parties will advise the Court if they cannot reach agreement with respect to a schedule. No further extensions (signed by Judge Lewis A. Kaplan) (djc) (Entered: 09/29/1997)
1997-10-31 15 0 NOTICE OF MOTION by Gruner + Jahr Printi, and Sally Lee for summary judgment pursuant to Rule 56 of the FRCP as to plaintiff's claims ; Local 3(g) statement and affidavit in support are attached. (kw) (Entered: 11/04/1997)
1997-10-31 16 0 MEMORANDUM by Gruner + Jahr Printi, and Sally Lee in support of [15-1] motion for summary judgment pursuant to Rule 56 of the FRCP as to plaintiff's claims. (kw) (Entered: 11/04/1997)
1997-12-02 17 0 SUPPLEMENTAL AFFIDAVIT in opposition of Marcella Ballard by Jamie Messenger Re: [15-1] motion for summary judgment pursuant to Rule 56 of the FRCP as to plaintiff's claims (cd) (Entered: 12/05/1997)
1997-12-03 18 0 MEMORANDUM OF LAW by Jamie Messenger in opposition to [15-1] motion for summary judgment pursuant to Rule 56 of the FRCP as to plaintiff's claims (ae) (Entered: 12/09/1997)
1997-12-03 19 0 SUPPLEMENTAL AFFIDAVIT in opposition of Marcella Ballard by Jamie Messenger Re: [15-1] motion for summary judgment pursuant to Rule 56 of the FRCP as to plaintiff's claims (ae) (Entered: 12/09/1997)
1997-12-03 20 0 AFFIDAVIT in opposition of Marcella Ballard by Jamie Messenger to Re: [15-1] motion for summary judgment pursuant to Rule 56 of the FRCP as to plaintiff's claims (ae) (Entered: 12/09/1997)
1997-12-03 21 0 Rule 56.1 statement filed by Jamie Messenger (ae) (Entered: 12/09/1997)
1997-12-09 22 0 SUPPLEMENTAL DECLARATION in opposition of Marcella Ballard by Jamie Messenger [15-1] motion for summary judgment pursuant to Rule 56 of the FRCP as to plaintiff's claims (ae) (Entered: 12/12/1997)
1997-12-15 23 0 AFFIDAVIT in support of Marcia S. Cohen Re: [15-1] motion for summary judgment pursuant to Rule 56 of the FRCP as to plaintiff's claims (djc) (Entered: 12/19/1997)
1997-12-15 24 0 REPLY MEMORANDUM of LAW by Gruner + Jahr Printi, Sally Lee in Support of [15-1] motion for summary judgment pursuant to Rule 56 of the FRCP as to plaintiff's claims (djc) (Entered: 12/19/1997)
1997-12-19 25 0 Affidavit and exhibits are stricken and original document returned to pltff's counsel. (purs. to doc.#27) (cd) Modified on 12/30/1997 (Entered: 12/22/1997)
1997-12-18 26 0 Filed Memo-Endorsement on letter to Judge Kaplan from Robert G. Sugarman dated 12/16/97, granting defendant's request that submission of jury instructions and voir dire questions be postponed until the decision on defendant's summary judgment motion (signed by Judge Lewis A. Kaplan) (djc) Modified on 12/29/1997 (Entered: 12/22/1997)
1997-12-23 27 0 ORDER, pltff has submitted a sur-reply affidavit of Marcella Ballard, dtd 12/19/97, the affidavit contains 15 exhibits which appear to aggregate between 150 and 250 pages. The affidavit and exhibits are stricken. The clerk is directed to return the original to pltff's counsel ( signed by Judge Lewis A. Kaplan); Copies mailed. (kg) (Entered: 12/29/1997)
1997-12-23 28 0 JOINT STIPULATED FINAL PRETRIAL ORDER filed (signed by Judge Lewis A. Kaplan). (kg) (Entered: 12/29/1997)
1998-02-24 29 0 MEMORANDUM OPINION #80164, denying [15-1] motion for summary judgment pursuant to Rule 56 of the FRCP as to plaintiff's claims; defendants' motion, to the extent not previously disposed of, is denied ( Signed by Judge Lewis A. Kaplan ); Copies mailed. (ae) (Entered: 02/24/1998)
1998-02-23 30 0 NOTICE OF MOTION by Jamie Messenger in limine limiting the offer and admission of evidence at trial concerning the subjects indicated , no return date (rag) (Entered: 02/25/1998)
1998-02-23 31 0 TRIAL BRIEF by Jamie Messenger (rag) (Entered: 02/25/1998)
1998-02-23 32 0 Plaintiff's Request for Jury Instructions (rag) (Entered: 02/25/1998)
1998-02-23 33 0 Plaintiff's Request for Special Jury Interrogatories and Jury Verdict. (rag) (Entered: 02/25/1998)
1998-02-23 34 0 Proposed Voir dire questions by Jamie Messenger (rag) (Entered: 02/25/1998)
1998-02-23 35 0 DEFENDANTS' PRETRIAL MEMORANDUM (rag) (Entered: 02/25/1998)
1998-02-23 36 0 Requested Jury instructions by Gruner + Jahr Printi, Sally Lee (rag) (Entered: 02/25/1998)
1998-02-23 37 0 Proposed Voir dire questions by Gruner + Jahr Printi, Sally Lee (rag) (Entered: 02/25/1998)
1998-02-27 38 0 Filed Memo Endorsement on letter to Judge Kaplan from Robert Sugarman, dated 2/25/98, denying defts' request for an interlocutory appeal and stay of the trial during the pendency of defts' appeal ( signed by Judge Lewis A. Kaplan ) (cd) (Entered: 03/02/1998)
1998-03-10 39 0 DEFENDANTS' SUPPLEMENTAL PRE-TRIAL MEMORANDUM OF LAW by Gruner + Jahr Printi, Sally Lee (rec'd night deposit box on 3/10/98 at 7:45 p.m.) (ys) Modified on 03/12/1998 (Entered: 03/12/1998)
1998-03-10 40 0 MEMORANDUM OF LAW by Jamie Messenger re: Concerning Relevance of Certain Evidence (ys) (Entered: 03/12/1998)
1998-03-10 41 0 Plaintiff's Witness List (ys) (Entered: 03/12/1998)
1998-03-10 42 0 Defendants' Revised Witness List (djc) (Entered: 03/13/1998)
1998-03-13 43 0 ORDER, the memorandum opinion dated 2/23/98 is amended by substituting the attached corrected page 5 thereof ( signed by Judge Lewis A. Kaplan ); Copies mailed (cd) (Entered: 03/16/1998)
1998-03-17 44 0 Filed Memo-Endorsement on letter dated 3/16/98 from Robert G. Sugarman, defendants request a one-day postponement of the commencement of the Messenger trial. Denied. Counsel is advised, however, that 3/20/98 will be an off day in this trial ( signed by Judge Lewis A. Kaplan ) (kw) (Entered: 03/18/1998)
1998-03-31 45 0 JUDGMENT #98,0733: Ordered, adjudged and decreed, that the plaintiff shall have judgment in the sum of $100,000 as against the defendant (signed by James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. EOD 4/1/98 (ae) (Entered: 04/01/1998)
1998-03-31 46 0 ORDER, pltff's motion in limine, filed 2/23/98, is denied as moot in light of rulings made at trial (signed by Judge Lewis A. Kaplan); Copies mailed. (kg) (Entered: 04/01/1998)
1998-04-06 47 0 Transcript of record of proceedings before Judge Kaplan filed for dates of February 27, 1998 (jp) (Entered: 04/06/1998)
1998-04-06 48 0 Transcript of record of proceedings before Judge Kaplan filed for dates of January 21, 1998 (jp) (Entered: 04/07/1998)
1998-04-13 49 0 NOTICE OF MOTION by Gruner + Jahr Printi for an order purs. to Rule 50 of the FRCP granting judgment for deft as a matter of law ; for an order purs. to Rule 59 of the FRCP for a new trial , Return date not indicated (cd) (Entered: 04/15/1998)
1998-04-13 50 0 MEMORANDUM by Gruner + Jahr Printi in support of [49-1] motion for an order purs. to Rule 50 of the FRCP granting judgment for deft as a matter of law, [49-2] motion for an order purs. to Rule 59 of the FRCP for a new trial (cd) (Entered: 04/15/1998)
1998-04-17 51 0 DECLARATION of Mitchell A. Stein in opposition by Jamie Messenger [49-1] motion for an order purs. to Rule 50 of the FRCP granting judgment for deft as a matter of law; [49-2] motion for an order purs. to Rule 59 of the FRCP for a new trial. (kg) (Entered: 04/20/1998)
1998-04-17 52 0 MEMORANDUM by Jamie Messenger in opposition to [49-1] motion for an order purs. to Rule 50 of the FRCP granting judgment for deft as a matter of law; [49-2] motion for an order purs. to Rule 59 of the FRCP for a new trial. (kg) (Entered: 04/20/1998)
1998-04-27 53 0 REPLY MEMORANDUM by Gruner + Jahr Printi in support of re: [49-1] motion for an order purs. to Rule 50 of the FRCP granting judgment for deft as a matter of law; [49-2] motion for an order purs. to Rule 59 of the FRCP for a new trial (ae) (Entered: 04/28/1998)
1998-04-30 54 0 ORDER denying [49-1] motion for an order purs. to Rule 50 of the FRCP granting judgment for deft as a matter of law, and denying [49-2] motion for an order purs. to Rule 59 of the FRCP for a new trial. ( signed by Judge Lewis A. Kaplan ); Copies mailed (kw) (Entered: 05/01/1998)
1998-05-06 55 0 Transcript of record of proceedings held before Hon. Lewis A. Kaplan filed for date of March 12, 1998. (em) (Entered: 05/06/1998)
1998-05-15 56 0 Transcript of record of proceedings before Judge Kaplan filed for dates of March 25,26,27, 1998 (jp) (Entered: 05/18/1998)
1998-05-15 57 0 Transcript of record of proceedings before Judge Kaplan filed for dates of March 17-19, 24, 1998 (jp) (Entered: 05/18/1998)
1998-05-28 58 0 NOTICE OF APPEAL by Gruner + Jahr Printi ; from [29-1] order, [45-1] judgment order, [54-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Arthur M. Lieberman . $105.00 Appeal filing fee paid on May 28, 1998 on receipt # E 317211. (dt) (Entered: 05/29/1998)
1998-06-11 59 0 NOTICE OF INTERLOCUTORY APPEAL by Jamie Messenger from [46-1] order pltff's motion in limine, filed 2/23/98, is denied as moot in light of rulings made at trial, [43-1] order the memorandum opinion dated 2/23/98 is amended by substituting the attached corrected page 5 thereof, [29-1] order Entered on docket 2/24/98; Copies sent to Robert G. Sugarman. Fee Pd. $ 105.00, rec # 318239. (as) (Entered: 06/11/1998)
1998-06-22 60 0 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [58-1] appeal by Gruner + Jahr Printi on June 22, 1998. (dt) (Entered: 06/22/1998)
1998-07-15 61 0 Transcript of record of proceedings before Judge Kaplan filed for dates of April 30, 1998 (jp) (Entered: 07/15/1998)
1998-09-09 62 0 ORDER; on 3/12/98, this Court ruled from the bench on a number of in limine motions, at least one of which involved the question whether evidence concerning the creation of the text in association with which the photographs of pltff were published -- in other words, whether that test was entirely fictional, entirely factual, or some hybird -- was relevant. Near the conclusion of those proceedings, the Court indicated that it reserved the right to file a written opinion on the issue in the event the case were appealed and asked to be notified of any appeal. On 9/4/98, counsel by letters drew the Court's attention to that settlement and advised that cross-appeals from the judgment, save for reply briefs, have been filed in the Court of Appeals. The Court declines to issue any further opinion ( signed by Judge Lewis A. Kaplan ); Copies mailed (sac) Modified on 09/10/1998 (Entered: 09/09/1998)
2000-03-24 63 0 MANDATE OF USCA (certified copy) Re: Reverse [58-1] appeal by Gruner + Jahr Printi. 98-7767,98-7865 Roseann B. MacKechnie, Clerk (sl) (Entered: 03/24/2000)