Ohio Northern District Court
Judge:Benita Y Pearson
Case #: 4:24-cv-01415
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause28:2201 Declaratory Judgment
Case Filed:Aug 20, 2024
Terminated:Aug 26, 2024
Last checked: Sunday Feb 16, 2025 5:49 AM EST
Amicus Curiae
NABET-CWA, AFL-CIO
NABET-CWA, AFL-CIO
501 Third Street NW, DC 20001
Represented By
Judiann Chartier
Communication Workers Of America, Afl-Cio
contact info
Defendant
Jennifer Abruzzo
Represented By
David P. Boehm
National Labor Relations Board - Washington
contact info
Defendant
Iva Y. Choe
Represented By
David P. Boehm
National Labor Relations Board - Washington
contact info
Defendant
John/Jane Does
Represented By
David P. Boehm
National Labor Relations Board - Washington
contact info
Defendant
Marvin E. Kaplan
Represented By
David P. Boehm
National Labor Relations Board - Washington
contact info
Defendant
Lauren M. McFerran
Represented By
David P. Boehm
National Labor Relations Board - Washington
contact info
Defendant
Nora McGinley
Represented By
David P. Boehm
National Labor Relations Board - Washington
contact info
Defendant
National Labor Relations Board
Represented By
David P. Boehm
National Labor Relations Board - Washington
contact info
Defendant
David M. Prouty
Represented By
David P. Boehm
National Labor Relations Board - Washington
contact info
Defendant
Gwynne A. Wilcox
Represented By
David P. Boehm
National Labor Relations Board - Washington
contact info
Plaintiff
Nexstar Media Group, Inc.
Represented By
Robert A. McMahon
Eberly Mcmahon Copetas - Cincinnati
contact info
Dean Kpere-Daibo
Constangy, Brooks, Smith & Prophete - St. Louis
contact info


Docket last updated: 1 hours ago
Monday, October 07, 2024
20 20 service Return of Service Executed - USA Defendant Mon 10/07 4:03 PM
Return of Service by Clerk by certified mail executed upon Nora McGinley and Iva Y. Choe on 10/3/2024 filed on behalf of Nexstar Media Group, Inc. (M,Do)
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Wednesday, September 11, 2024
19 19 service Return of Service Executed - USA Defendant Wed 09/11 3:34 PM
Return of Service by certified mail executed upon Lauren M. McFerran on 9/5/2024 filed on behalf of Nexstar Media Group, Inc. (M,Do)
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Tuesday, September 03, 2024
18 18 service Return of Service Executed - USA Defendant Wed 09/04 8:46 AM
Return of Service by certified mail executed upon Rebecca C. Lutzko Office of the U.S. Attorey on 8/30/2024 filed on behalf of Nexstar Media Group, Inc. (M,Do)
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Monday, August 26, 2024
17 17 minutes ~Util - Terminate Motions Order ~Util - Case Termination Mon 08/26 7:15 PM
Order For the reasons set forth herein, the Court hereby grants the leave sought in the Amici Curiae Brief (ECF No.13 ) filed by the AFL-CIO and NABET Unions. Further, the Court lacks jurisdiction and closes the matter. Judge Benita Y. Pearson on 8/26/2024. (JLG)
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Saturday, August 24, 2024
16 16 resp Reply Sat 08/24 12:43 PM
Reply in Further Support of N.D. Ohio Jurisdiction in Response to ECF Doc #14.1 filed by Nexstar Media Group, Inc..(Kpere-Daibo, Dean)
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Att: 1 Exhibit A - Defendants Requested Damages,
Att: 2 Exhibit B - Projected Damages
15 15 oth_doc Errata (atty event) Sat 08/24 12:42 PM
Errata filed by All Defendants. Related document(s)14 . (Boehm, David)
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Friday, August 23, 2024
14 14 motion Leave Fri 08/23 1:44 PM
Emergency Motion for leave to file response to Plaintiff's Notice as to this Court's Jurisdiction filed by Jennifer Abruzzo, Iva Y. Choe, John/Jane Does, Marvin E. Kaplan, Lauren M. McFerran, Nora McGinley, National Labor Relations Board, David M. Prouty, Gwynne A. Wilcox. Related document(s)12 .(Boehm, David)
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Att: 1 Supplement Response to Notice Regarding Jurisdiction
13 13 motion Leave Fri 08/23 1:06 PM
Motion for leave filed by Amicus Curiae NABET-CWA, AFL-CIO. Related document(s)5 .(Chartier, Judiann)
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Att: 1 Brief in Support,
Att: 2 Brief in Support,
Att: 3 certificate of service
12 12 notice Notice (atty event) Fri 08/23 11:28 AM
Notice as to This Court's Jurisdiction filed by Nexstar Media Group, Inc. (McMahon, Robert)
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minutes Motion Hearing ~Util - Terminate Motions Fri 08/23 7:15 PM
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Hearing held on 8/23/2024 regarding Plaintiff's Motions for Temporary Restraining Order and Preliminary Injunction (ECF No.5 ). Present were Attorney Dean Kpere-Daibo, counsel for Plaintiff Nexstar Media Group, Inc.; Attorney David Boehm, counsel for Defendant National Labor Relations Board; and Charles Pautsch, Party Representative on behalf of Nexstar. The Court orally granted Defendant's Motion for Leave to File Response to Plaintiff's Notice as to This Court's Jurisdiction (ECF No.14 ). Plaintiff has until 8/24/2024 at 1:00 p.m. EST to file a reply to Defendants' Notice. The Court heard argument on jurisdiction and the factors governing the issuance of a Temporary Restraining Order. (Court Reporter: Mary Uphold); Time: 1 Hour 11 Minutes. (JLG)
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Thursday, August 22, 2024
11 11 resp Response Thu 08/22 7:17 PM
Response to5 Motion for temporary restraining order and preliminary injunction (interim) filed by All Defendants. (Boehm, David)
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order Order Thu 08/22 6:13 PM
Order [non-document] Counsel for Plaintiff shall file a Notice explaining the Court's jurisdiction or requesting dismissal by not later than 12:00 p.m. Noon on Friday, 8/23/2024. Judge Benita Y. Pearson on 8/22/2024. (JLG)
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Wednesday, August 21, 2024
10 10 notice Notice of Service (atty event) Wed 08/21 6:27 PM
Notice of Service of Order Dated 8/21/24 (Doc. #8) filed by Nexstar Media Group, Inc..Related document(s)8 .(McMahon, Robert)
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Att: 1 Exhibit Service email with receipt
9 9 1 pgs order Order on Motion to appear pro hac vice Wed 08/21 6:17 PM
Order granting6 Motion for Appearance Pro Hac Vice by Attorney Dean Kpere-Daibo for Plaintiff Nexstar Media Group, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Benita Y. Pearson on 8/21/2024. (JLG)
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8 8 2 pgs order Order Wed 08/21 5:33 PM
Order Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (ECF No.5 ) ("Motion") will take place via Zoom.gov on 8/23/2024 at 2:30 p.m. before Judge Benita Y. Pearson. The Zoom Meeting details will be distributed by the Court to counsel. The Court will hear argument and receive evidence on whether a temporary restraining order and/or a preliminary injunction shall issue. See Order for additional information and requirements. Judge Benita Y. Pearson on 8/21/2024. (JLG)
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7 7 notice Attorney Appearance (atty event) Wed 08/21 3:30 PM
Attorney Appearance by David P. Boehm filed by on behalf of All Defendants. (Boehm, David)
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6 6 motion Appear Pro Hac Vice Wed 08/21 12:05 PM
Motion for attorney Dean Kpere-Daibo to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12701856, filed by Plaintiff Nexstar Media Group, Inc..(McMahon, Robert)
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Att: 1 Exhibit Certificate of Good Standing - AR,
Att: 2 Proposed Order
5 5 motion Temporary Restraining Order Wed 08/21 12:00 PM
Motion for temporary restraining order and preliminary injunction filed by Plaintiff Nexstar Media Group, Inc.. Related document(s)1 .(McMahon, Robert)
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Att: 1 Brief in Support,
Att: 2 Exhibit A - NLRB Complaint,
Att: 3 Exhibit B - Proposed Settlement,
Att: 4 Exhibit C - Amended NLRB Complaint,
Att: 5 Exhibit D- GC 21-06,
Att: 6 Exhibit E - GC 24-04
oth_evt Service by Clerk Wed 08/21 3:23 PM
Service by Clerk. Summons and Complaint addressed to Jennifer Abruzzo Receipt # 7020 0090 0000 2874 4609, Iva Y. Choe Receipt # 7020 0090 0000 2874 4579, John/Jane Does, Marvin E. Kaplan Receipt # 7020 0090 0000 2874 4654, Lauren M. McFerran Receipt # 7020 0090 0000 2874 4647, Nora McGinley Receipt # 7020 0090 0000 2874 4630, National Labor Relations Board Receipt # 7021 0350 0001 2062 7488, David M. Prouty Receipt # 7020 0090 0000 2874 4623, Gwynne A. Wilcox Receipt # 7020 0090 0000 2874 4616 United States of American US Attorney General Merrick Garland US DOJ Receipt # 7020 0090 0000 2874 4593, Rebecca C. Lutzko Office of the US Attorney Receipt # 7020 0090 0000 2874 4586. placed in U.S. Mail. Type of service: certified mail. (M,Do)
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Tuesday, August 20, 2024
4 4 oth_evt Summons Issued Tue 08/20 12:57 PM
Original Summons and Magistrate Consent Form issued to counsel for service upon All Defendants. (D,Ju)
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Att: 1 Magistrate Consent Form
3 3 oth_doc Supplement (atty event) Tue 08/20 12:24 PM
Supplement to Complaint - Original Summonses, filed by Nexstar Media Group, Inc. Related document(s)1 . (McMahon, Robert)
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2 2 notice Corporate Disclosure Statement (atty event) Tue 08/20 11:25 AM
Corporate Disclosure Statement filed by Nexstar Media Group, Inc. dba WKBN-TV. (McMahon, Robert)
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1 1 27 pgs cmp Complaint Tue 08/20 11:12 AM
Verified Complaint for declaratory and injunctive relief against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-12699237. Filed by Nexstar Media Group, Inc. dba WKBN-TV.. (McMahon, Robert) Modified text on 8/20/2024 (L,MI)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons - NLRB ,
Att: 3 Summons - Abruzzo ,
Att: 4 Summons - McFerran ,
Att: 5 Summons - Kaplan ,
Att: 6 Summons - Wilcox ,
Att: 7 Summons - Prouty ,
Att: 8 Summons - Choe ,
Att: 9 Summons - McGinley ,
Att: 10 Summons - AG ,
Att: 11 Summons - US Atty ND OH
utility Add and Terminate Judge Tue 08/20 11:54 AM
Judge Benita Y. Pearson assigned to case. (D,Ju)
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oth_evt Random Assignment of Magistrate Judge Tue 08/20 11:55 AM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (D,Ju)
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