Tantaros v. Fox News Network, LLC et al

Filing 32

ORDER: Accordingly, it is hereby: ORDERED that Petitioner submit a 3-page letter by March 14, 2025, explaining (1) why service on Respondent Elizabeth Ailes, on behalf of the Estate of Roger Ailes, was proper given Quinn Emanuel's contention th at the Estate of Roger Ailes has been dissolved for several years, and (2) why I should not dismiss the case against Respondent Elizabeth Ailes, on behalf of the Estate of Roger Ailes. IT IS FURTHER ORDERED that, Respondents respond to Petitioner 9;s request for a temporary restraining order by March 21, 2025. Petitioner shall then submit a reply in support ofher request for a temporary restraining order by March 28, 2025. The parties are to comply with Local Civil Rule 7.1(c) regarding the word-limit and length of memoranda of law. (Signed by Judge Vernon S. Broderick on 3/5/2025) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
ANDREA K. TANTAROS,
:
:
Petitioner,
:
:
- against :
:
FOX NEWS NETWORK, LLC, et al.,
:
:
Respondents. :
:
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25-CV-961 (VSB)
ORDER

VERNON S. BRODERICK, United States District Judge:
On February 5, 2025, I stated that “I will not grant [pro se Petitioner’s] ex parte request
for a temporary restraining order and preliminary injunction when the Amended Petition has not
been served on Respondents,” and directed Petitioner to serve the Respondents with the
Amended Petition. (Doc. 9.) Respondents Fox News Network, LLC, Dianne Brandi, Suzanne
Scott, Irena Briganti, and William Shine have since waived service, and their response to the
Amended Petition is due either April 7 or April 8, 2025. (See Docs. 12– 5, 20.)
Petitioner filed affidavits of service with regard to Respondent Elizabeth Ailes, on behalf
of the Estate of Roger Ailes. (Docs. 24–25.) Petitioner also filed a motion for an order granting
alternative service for Respondent Elizabeth Ailes, on behalf of the Estate of Roger Ailes.
(Doc. 26.) On February 19, 2025, Brendan Carroll (from Quinn Emanuel) filed a letter stating
that Quinn Emanuel “was counsel to the former Estate of Roger Ailes,” and that service was
ineffective because the Estate of dissolved and wound up years ago after all of the assets were
distributed. (Doc. 28.) Mr. Carroll’s letter included three attachments: (1) an email dated
February 10, 2025 from Mr. Carroll to Petitioner stating: “As you know, the Estate of Roger

Ailes was dissolved years ago and no longer exists as an entity. We therefore cannot accept
service on its behalf”; (2) an Order of Discharge dated November 23, 2021 from Judge Maxine
Cheesman from a Florida probate court discharging Elizabeth Ailes as Personal Representative
of the Estate of Roger Ailes after a finding that, among other things, “the estate was fully
administered and properly distributed,” and “that claims of creditors have been paid”; and (3) an
Order dated April 23, 2019 from Judge Cheesman finding that Petitioner’s claims in that court
were “barred and stricken.” (Id.)
On March 4, 2024, Petitioner moved to expedite a ruling on her request for a temporary
restraining order. (Doc. 29.) Respondents responded, stating that they planned to file their
respective responses to the Amended Complaint by their respective April 2025 deadlines, but that
they are willing to respond to the requested temporary restraining order if I issue a scheduling
order. (Docs. 30-31.)
Accordingly, it is hereby:
ORDERED that Petitioner submit a 3-page letter by March 14, 2025, explaining (1) why
service on Respondent Elizabeth Ailes, on behalf of the Estate of Roger Ailes, was proper given
Quinn Emanuel’s contention that the Estate of Roger Ailes has been dissolved for several years,
and (2) why I should not dismiss the case against Respondent Elizabeth Ailes, on behalf of the
Estate of Roger Ailes.
IT IS FURTHER ORDERED that, Respondents respond to Petitioner’s request for a
temporary restraining order by March 21, 2025. Petitioner shall then submit a reply in support of
her request for a temporary restraining order by March 28, 2025. The parties are to comply with
Local Civil Rule 7.1(c) regarding the word-limit and length of memoranda of law.

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SO ORDERED.
Dated: March 5, 2025
New York, New York
______________________
Vernon S. Broderick
United States District Judge

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