Firm Files Defamation Lawsuit Against Ryan Upchurch, Read the Filings Here

UPDATE as of November 7, 2023:

Our firm has filed a Response in Opposition to Defendant’s Motion to Dismiss.  The Court will likely take several months to decide the motion.

 

UPDATE as of August 4, 2023:

On July 28, 2023, our firm filed a federal lawsuit against Ryan Upchurch, a YouTube personality, on behalf of the grandfather and father of Kiely Rodni. You can read the allegations of the lawsuit here. We are making all of the filings in this case available on this page. We will make every effort to keep this page updated and current with the docket in the case.

As of August 4, 2023, Ryan Upchurch has waived service of process. His deadline to respond to the Amended Complaint is October 2, 2023. A Case Management Conference is set for October 11, 2023, at 2:00 p.m. before Magistrate Judge Barbara Holmes.

LINKS TO CASE FILINGS:

1. COMPLAINT against Ryan Upchurch (Filing fee $402, Receipt number ATNMDC-3875600), filed by Daniel Rodni, David Robertson. (Attachments: #  1 Attachment – Civil Cover Sheet)(mg) (Entered: 07/28/2023)
2. NOTICE of Business Entity Disclosure Statement filing requirement. (mg) (Entered: 07/28/2023)
3. NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) (Entered: 07/28/2023)
4. Summons issued as to Ryan Upchurch. Service copies will be returned to counsel by mail. (mg) (Entered: 07/28/2023)
5. NOTICE of Initial Case Management Conference by Telephone set for 10/11/2023 at 02:00 PM before Magistrate Judge Barbara D. Holmes. (mg) (Entered: 07/28/2023)
6. ORDER : This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. § 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 7/31/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) (Entered: 07/31/2023)
7. AMENDED COMPLAINT against Ryan Upchurch, filed by Daniel Rodni, David Robertson.(Smith, Christopher) (Entered: 08/01/2023)
8. REQUEST FOR WAIVER of Service sent to Ryan Upchurch, through attorney Cynthia Sherwood on 8/1/2023 by David Robertson, Daniel Rodni. (Smith, Christopher) (Entered: 08/01/2023)
9. AMENDED DOCUMENT by David Robertson, Daniel Rodni. Amendment to  7 Amended Complaint . (Smith, Christopher) (Entered: 08/02/2023)
10. WAIVER OF SERVICE Returned Executed by Daniel Rodni, David Robertson. Ryan Upchurch waiver sent on 8/1/2023. (Smith, Christopher) (Entered: 08/02/2023)
11. NOTICE of Filing by David Robertson, Daniel Rodni re  9  Amended Document (Collective Exhibit of Videos) (Attachments: # 1 Exhibit Table of Video Files )(Smith, Christopher) (Entered: 08/04/2023)
12. RECEIPT of Manual Filing by David Robertson, Daniel Rodni re  9  Amended Document to  7  Amended Complaint. USB drive placed in Judge Campbell’s box at intake. (kc) Modified on 8/10/2023 (kc). (Entered: 08/08/2023)
13. NOTICE of Appearance by Cynthia A. Sherwood on behalf of Ryan Upchurch (Sherwood, Cynthia) (Entered: 08/15/2023)
14. NOTICE of Appearance by Austin M. Correll on behalf of Ryan Upchurch (Correll, Austin) (Entered: 08/15/2023)
15. NOTICE by Ryan Upchurch re  13  Notice of Appearance Amended Certificate of Service (Sherwood, Cynthia) (Entered: 08/24/2023)
16. NOTICE by Ryan Upchurch re  14  Notice of Appearance Amended Certificate of Service (Correll, Austin) (Entered: 08/24/2023)
17. Unopposed MOTION for Extension of Time to File Answer Or Other Responsive Pleading by Ryan Upchurch. (Sherwood, Cynthia) (Entered: 09/28/2023)
18. ORDER granting  17  Unopposed Motion for Extension of Time to Answer re  7  Amended Complaint. Ryan Upchurch answer due 10/10/2023. Signed by Magistrate Judge Barbara D. Holmes on 9/29/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) (Entered: 09/29/2023)
19. Joint MOTION to Continue Initial Case Management Conference and Stay Discovery by Ryan Upchurch. (Sherwood, Cynthia) (Entered: 10/04/2023)
20. ORDER : The parties’ joint motion to continue the initial case management conference and stay discovery  19  , which is GRANTED IN PART AND DENIED IN PART. The initial case management conference is RESCHEDULED for Monday, November 6, 2023, at 2:00 p.m. using the Court’s conference line at 1-877-402-9753, access code 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 10/5/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) (Entered: 10/05/2023)
21. MOTION for Leave to File Oversized Memorandum by Ryan Upchurch. (Sherwood, Cynthia) (Entered: 10/10/2023)
22. MOTION to Dismiss Plaintiffs’ Amended Complaint by Ryan Upchurch. (Sherwood, Cynthia) (Entered: 10/10/2023)
23. MEMORANDUM in Support of  22  MOTION to Dismiss Plaintiffs’ Amended Complaint filed by Ryan Upchurch . (Sherwood, Cynthia) (Entered: 10/10/2023)
24. ORDER granting  21  Motion for Leave to Oversized Memorandum. Signed by District Judge William L. Campbell, Jr on 10/19/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (af) (Entered: 10/19/2023)
25. MOTION for Extension of Time to File Response/Reply as to  22  MOTION to Dismiss Plaintiffs’ Amended Complaint by David Robertson, Daniel Rodni. (Smith, Christopher) (Entered: 10/23/2023
26. NOTICE by David Robertson, Daniel Rodni re  25  MOTION for Extension of Time to File Response/Reply as to  22  MOTION to Dismiss Plaintiffs’ Amended Complaint (Notice of No Opposition to Motion  25  ) (Smith, Christopher) (Entered: 10/24/2023)
27. ORDER :  25  Motion for Extension of Time to File Response to  22  is GRANTED, response due by November 7, 2023. Signed by District Judge William L. Campbell, Jr on 10/24/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) (Entered: 10/24/2023)
28. PROPOSED CASE MANAGEMENT ORDER filed by Ryan Upchurch. (Sherwood, Cynthia) (Entered: 11/01/2023)
29. INITIAL CASE MANAGEMENT ORDER : Amended Pleadings due by 2/6/2024. Discovery due by 8/30/2024. Dispositive Motions due by 1/31/2025. Signed by Magistrate Judge Barbara D. Holmes on 11/6/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (af) (Entered: 11/06/2023)
30. RESPONSE in Opposition re  22  MOTION to Dismiss Plaintiffs’ Amended Complaint filed by David Robertson, Daniel Rodni. (Smith, Christopher) (Entered: 11/07/2023)

 

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