Case: Deep South Today v. Murrill

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 405 receipt number ALAMDC-2785172.), filed by Tegna Inc., Gray Local Media, Inc., Gannett Co., Inc., Deep South Today, Nexstar Media, Inc., Scripps Media Inc.(Sternberg, Scott) Modified on 7/31/2024 to edit text. (EDC). (Entered: 07/31/2024)

NOTICE of Civil Cover Sheet by Deep South Today,, Gray Local Media, Inc., Gannett Co., Inc., Nexstar Media, Inc., Scripps Media Inc., Tegna Inc. (Sternberg, Scott) (Main Document 2 replaced on 7/31/2024 to Flatten Document. )(EDC). (Entered: 07/31/2024)

NOTICE OF DEFICIENCY with LR 7.1 as to 1 Complaint. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (EDC) (Entered: 07/31/2024)

Certificate of Interested Persons by Deep South Today, Gannett Co., Inc., Gray Local Media, Inc., Nexstar Media, Inc., Scripps Media Inc., Tegna Inc. identifying Corporate Parent E.W. Scripps Company for Scripps Media Inc. (Sternberg, Scott) (Main Document 4 replaced on 8/1/2024 to flatten document) (CIS). (Entered: 08/01/2024)

MOTION for Katie Townsend to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2785822) by All Plaintiffs (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Certificate of Good Standing)(Sternberg, Scott) (Entered: 08/01/2024)

MOTION for Grayson Clary to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2785861) by All Plaintiffs (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Certificate of Good Standing)(Sternberg, Scott) (Entered: 08/01/2024)

Case reassigned to Judge John W. deGravelles. Magistrate Judge Richard L. Bourgeois, Jr. no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT)

Case Assigned/Reassigned

Motions Referred

MOTION(S) REFERRED: 5 MOTION for Katie Townsend to Appear Pro Hac Vice, 6 MOTION for Grayson Clary to Appear Pro Hac Vice. These motions are now pending before the USMJ. (CIS)

Summons Submitted as to Liz Murrill (Montero, Marcia) (Main Document 7 replaced on 8/20/2024 in accordance with record document 13) (NLT). (Entered: 08/05/2024)

Summons Submitted as to Hillar C. Moore, III (Montero, Marcia) (Main Document 8 replaced on 8/20/2024 in accordance with record document 13) (NLT). (Entered: 08/05/2024)

Summons Submitted as to Colonel Robert P. Hodges (Montero, Marcia) (Main Document 9 replaced on 8/20/2024) (NLT). (Main Document 9 replaced on 8/20/2024 in accordance with record document 13) (NLT). (Entered: 08/05/2024)

ORDER granting 5 and 6 Motions for Katie Townsend and Grayson Clary to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 8/5/2024. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 08/05/2024)

MOTION to Substitute Documents 7, 8, and 9 by All Plaintiffs (Attachments: # 1 Proposed Order, # 2 Proposed Pleading; Summons to Liz Murrill, # 3 Proposed Pleading; Summons to Colonel Robert Hodges, # 4 Proposed Pleading; Summons To Hillar C. Moore)(Sternberg, Scott) (Attachment 3 and 4 replaced on 8/5/2024 to flatten document) (CIS). (Entered: 08/05/2024)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

MOTION(S) REFERRED: 11 MOTION to Substitute Documents 7, 8, and 9. This motion is now pending before the USMJ. (CIS)

MOTION(S) REFERRED: 11 MOTION to Substitute Documents 7, 8, and 9 . This motion is now pending before the USMJ. (CIS)

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 10/24/2024 at 09:00 AM before Magistrate Judge Scott D. Johnson. Status Report due by 10/10/2024. Signed by Magistrate Judge Scott D. Johnson on 8/7/2024. (KAH) (Entered: 08/07/2024)

ORDER granting 11 MOTION to Substitute Documents 7, 8, and 9 filed by Tegna Inc., Gray Local Media, Inc., Scripps Media Inc., Nexstar Media, Inc., Deep South Today, Gannett Co., Inc. Signed by Magistrate Judge Scott D. Johnson on 8/19/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 08/19/2024)

Order on Motion to Substitute Pleading (In Order to Correct Deficiency)

Summons Issued as to Robert P. Hodges, Hillar C. Moore, III, Liz Murrill. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (CIS) (Entered: 08/21/2024)

SUMMONS Returned Executed by Tegna Inc., Gray Local Media, Inc., Gannett Co., Inc., Deep South Today, Nexstar Media, Inc., Scripps Media Inc.. Liz Murrill served on 8/22/2024, answer due 9/12/2024. (Attachments: # 1 Exhibit A - FedEx Proof of Delivery)(Sternberg, Scott) (Entered: 08/23/2024)

SUMMONS Returned Executed by Tegna Inc., Gray Local Media, Inc., Gannett Co., Inc., Deep South Today, Nexstar Media, Inc., Scripps Media Inc.. Hillar C. Moore, III served on 8/22/2023, answer due 9/12/2023. (Attachments: # 1 Exhibit A - Proof of Delivery)(Sternberg, Scott) (Entered: 08/23/2024)

SUMMONS Returned Executed by Tegna Inc., Gray Local Media, Inc., Gannett Co., Inc., Deep South Today, Nexstar Media, Inc., Scripps Media Inc.. Robert P. Hodges served on 8/22/2023, answer due 9/12/2023. (Attachments: # 1 Exhibit A - Proof of Delivery)(Sternberg, Scott) (Main Document 17 replaced on 8/23/2024 to flatten document) (CIS). (Entered: 08/23/2024)

JOINT STIPULATIONS of All Parties as to Briefing and Answer Deadlines by Deep South Today, Gannett Co., Inc., Gray Local Media, Inc., Nexstar Media, Inc., Scripps Media Inc., Tegna Inc.. (Sternberg, Scott) Modified on 9/13/2024 to edit text. (EDC). (Entered: 09/12/2024)

MOTION for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Curtis Sprang, # 3 Declaration of Jazmin Thibodeaux, # 4 Declaration of Katherine Fernelius, # 5 Declaration of Patrick Thomas, # 6 Declaration of Richard Erbach, # 7 Declaration of Nicole Waivers)(Townsend, Katie) (Entered: 09/13/2024)

1 Memorandum in Support of Motion

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2 Declaration of Curtis Sprang

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3 Declaration of Jazmin Thibodeaux

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4 Declaration of Katherine Fernelius

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5 Declaration of Patrick Thomas

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6 Declaration of Richard Erbach

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7 Declaration of Nicole Waivers

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Notice to Counsel: Status Conference before the District Judge set for 9/24/2024 at 10:00 AM by zoom before Judge John W. deGravelles. Zoom instructions will be sent by separate email.Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 09/16/2024)

MOTION to Enroll Zachary Faircloth as Attorney by All Defendants (Attachments: # 1 Proposed Order)(Faircloth, Zachary) (Entered: 09/16/2024)

ORDER granting 21 Motion to Enroll as Attorney. Signed by Magistrate Judge Scott D. Johnson on 9/16/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 09/16/2024)

Order on Motion to Enroll as Attorney

Motions Referred

MOTION(S) REFERRED: 21 MOTION to Enroll Zachary Faircloth as Attorney . This motion is now pending before the USMJ. (EDC)

MOTION to Enroll Phyllis E. Glazer as Additional Attorney by All Defendants (Attachments: # 1 Proposed Order)(Faircloth, Zachary) (Entered: 09/17/2024)

Motions Referred

MOTION(S) REFERRED: 23 MOTION to Enroll Phyllis E. Glazer as Additional Attorney. This motion is now pending before the USMJ. (CIS)

ORDER granting 23 Motion to Enroll Additional Attorney. Signed by Magistrate Judge Scott D. Johnson on 9/18/2024. (KAH) (Entered: 09/18/2024)

MOTION to Enroll Caitlin Huettemann as Additional Attorney by All Defendants (Attachments: # 1 Proposed Order)(Faircloth, Zachary) (Entered: 09/18/2024)

ORDER granting 25 Motion to Enroll Additional Attorney. Added attorney Caitlin A. Huettemann for Robert P. Hodges, Hillar C. Moore, III, and Liz Murrill. Signed by Magistrate Judge Scott D. Johnson on 9/18/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 09/18/2024)

Order on Motion to Enroll Additional Attorney

Motions Referred

MOTION(S) REFERRED: 25 MOTION to Enroll Caitlin Huettemann as Additional Attorney . This motion is now pending before the USMJ. (EDC)

Minute Entry for proceedings held before Judge John W. deGravelles: A Status Conference was held on 9/24/2024. It is ordered that the oral argument on 19 MOTION for Preliminary Injunction before the District Judge is set for 12/11/2024 at 10:00 AM in Courtroom 1 before Judge John W. deGravelles. (CIS) (Entered: 09/24/2024)

MOTION for Leave to File Excess Pages by Robert P. Hodges, Hillar C. Moore, III, Liz Murrill (Attachments: # 1 Proposed Order)(Huettemann, Caitlin) (Entered: 10/10/2024)

ORDER granting 28 Motion for Leave to File Excess Pages. The page limit of Defendants' Consolidated Motion to Dismiss and Opposition to Plaintiffs' Motion for Preliminary Injunction is hereby increased to thirty-five (35) pages. Signed by Judge John W. deGravelles on 10/15/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 10/15/2024)

MOTION to Dismiss and Opposition to Plaintiffs' Motion for Preliminary Injunction by All Defendants (Attachments: # 1 Memo of Law in Support, # 2 Exhibit A- Declaration of Robert Burns, # 3 Exhibit B- Declaration of Hillar Moore)(Huettemann, Caitlin) Modified on 10/16/2024 to edit docket text (CIS). (Entered: 10/15/2024)

1 Memo of Law in Support

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2 Exhibit A- Declaration of Robert Burns

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3 Exhibit B- Declaration of Hillar Moore

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Order on Motion for Leave to File Excess Pages

NOTICE OF DEFICIENCY with LR 7.1 as to 30 Motion to Dismiss. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (CIS) (Entered: 10/16/2024)

Certificate of Interested Persons by Robert P. Hodges, Hillar C. Moore, III, Liz Murrill identifying Affiliate/Interested Person Hillar C. Moore, Affiliate/Interested Person Sternberg, Naccari & White, LLC, Affiliate/Interested Person Elizabeth Baker Murrill, Affiliate/Interested Person Deep South Today, Affiliate/Interested Person Gray Local Media, Inc., Affiliate/Interested Person Nexstar Media, Inc., Affiliate/Interested Person Scripps Media Inc., Affiliate/Interested Person Tegna Inc., Affiliate/Interested Person Verite News, Affiliate/Interested Person Gannett Co, Inc., Affiliate/Interested Person Reporters Committee for Freedom of the Press, Affiliate/Interested Person Robert Hodges for Hillar C. Moore, III, Liz Murrill, Robert P. Hodges. (Huettemann, Caitlin) (Entered: 10/16/2024)

In accordance with the Joint Stipulation of the Parties (Doc. 18), the following NOTICE & BRIEFING Schedule on 30 MOTION to Dismiss applies: Opposition to the motion shall be filed on or before 11/14/2024 and shall not exceed 25 pages excluding attachments. The mover may file a reply brief on or before 11/27/2024 and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 10/17/2024)

ORDER: In light of the 18 Joint Stipulations and the pending 19 Motion for Preliminary Injunction and 30 Motion to Dismiss, the Scheduling Conference on 10/24/24 is canceled. The parties shall request a status conference with the magistrate judge when those motions are resolved, if appropriate. Signed by Magistrate Judge Scott D. Johnson on 10/17/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KAH) (Entered: 10/17/2024)

1 - Terminate Deadlines and Hearings AND Order

Combined OPPOSITION to Defendant's 30 MOTION to Dismiss and REPLY in Further Support of Plaintiff's 19 MOTION for Preliminary Injunction filed by All Plaintiffs. (Townsend, Katie) Modified on 11/14/2024 to edit docket text (CIS). (Entered: 11/14/2024)

Unopposed MOTION to Increase Page Limits by Liz Murrill, Robert P. Hodges, Hillar C. Moore, III (Attachments: # 1 Proposed Order)(Huettemann, Caitlin) Modified on 12/2/2024 to edit docket text (CIS). (Entered: 11/27/2024)

Exhibit(s) to 36 Unopposed MOTION to Increase Page Limits: Proposed Reply in Support of 30 MOTION to Dismiss and Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Liz Murrill, Robert P. Hodges, Hillar C. Moore, III. (Huettemann, Caitlin) Modified on 12/2/2024 to edit docket text (CIS). (Entered: 11/27/2024)

ORDER granting 36 Motion for Leave to File Excess Pages. Signed by Judge John W. deGravelles on 12/02/2024. (CIS) (Entered: 12/02/2024)

REPLY in Support of 30 MOTION to Dismiss and Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Liz Murrill, Robert P. Hodges, Hillar C. Moore, III. (CIS) (Entered: 12/02/2024)

Minute Entry for proceedings held before Judge John W. deGravelles: Motion Hearing held on 12/11/2024 re 19 MOTION for Preliminary Injunction and 30 MOTION to Dismiss. Argument presented. Counsel for Plaintiff will have three (3) days from today to supplement briefing to provide authority regarding the unbridled discretion standard. Defendants will then have three (3) days thereafter to submit a reply brief. The Court reminds counsel that both briefs shall be on this specific authority only and shall not exceed 10 pages. (Court Reporter Gina Delatte-Richard.) (EDC) (Entered: 12/11/2024)

Supplemental Brief filed by All Plaintiffs. (Townsend, Katie) Modified on 12/13/2024 to edit text. (EDC). (Entered: 12/13/2024)

SUPPLEMENTAL BRIEF TO 40 Motion Hearing,, filed by All Defendants. (Huettemann, Caitlin) (Entered: 12/16/2024)

RULING AND ORDER granting in part and denying in part 30 Motion to Dismiss and Opposition to Plaintiffs' Motion for Preliminary Injunction; granting 19 Motion for Preliminary Injunction. Plaintiffs shall have twenty-eight (28) days from the Court's ruling on the Motion to Dismiss (Doc. 30 ) in which to cure the deficiencies regarding the facial overbreadth and unbridled discretion challenges. Plaintiffs shall post a bond in the amount of $100 within five (5) days of this ruling. Signed by Judge John W. deGravelles on 01/31/2025. (CIS) Modified on 1/31/2025 to edit text (CIS). (Entered: 01/31/2025)

Funds Deposited into the Registry of the Court

Funds Deposited into the Registry of the Court: Remitter: Ryan Richmond $ 100.00, receipt number 33483. (EDC)

NOTICE OF APPEAL to the USCA for the 5th Circuit of 43 Order on Motion to Dismiss,,, Order on Motion for Preliminary Injunction,, by Liz Murrill, Robert P. Hodges, Hillar C. Moore, III. Filing fee $ 605, receipt number ALAMDC-2870187. The transcript request form for appeal cases is located at www.lamd.uscourts.gov/local-forms/all-local-forms. (Huettemann, Caitlin) (Entered: 03/03/2025)

USCA Case Number 25-30128 for 44 Notice of Appeal to the USCA for the 5th Circuit, filed by Robert P. Hodges, Liz Murrill, Hillar C. Moore, III. (NLT) (Entered: 03/14/2025)

NOTICE OF CROSS APPEAL of 43 Ruling and Order by Deep South Today. Filing fee $605, receipt number ALAMDC-2876272. Appeal Record due by 3/27/2025. (Clary, Grayson) Modified on 3/17/2025 to edit text (CIS). (Entered: 03/17/2025)

TRANSCRIPT REQUEST by Robert P. Hodges, Hillar C. Moore, III, Liz Murrill for proceedings held on 12/11/2024 before Judge John W. deGravelles, re 44 Notice of Appeal to the USCA for the 5th Circuit, (Huettemann, Caitlin) (Entered: 03/31/2025)

TRANSCRIPT REQUEST by Robert P. Hodges, Hillar C. Moore, III, Liz Murrill for proceedings held on 12/11/2024 before Judge John W. deGravelles, re 44 Notice of Appeal to the USCA for the 5th Circuit, (Huettemann, Caitlin) (Entered: 03/31/2025)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the Motion Hearing before Judge John W. deGravelles held on December 11, 2024. Court Reporter: Gina Delatte-Richard. Phone Number: 225-389-3564. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/24/2025. Redacted Transcript Deadline set for 5/5/2025. Release of Transcript Restriction set for 7/2/2025. (Delatte-Richard, Gina) (Entered: 04/03/2025)

NOTICE: The Record on Appeal has been Certified and Electronic Access to the Record is available through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney-forms/eroa_downloads. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT) (Entered: 04/14/2025)