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TIKTOK INC. et al v. TRUMP et al, Docket No. 1:20-cv-02658 (D.D.C. Sep 18, 2020), Court Docket
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TIKTOK INC. et al v. TRUMP et al

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dcd
U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:20-cv-02658-CJN

TIKTOK INC. et al v. TRUMP et al

DOCKET INFORMATION
Minimize
Date Filed: Sep 18, 2020
Status: Closed
Nature of suit:899 Administrative Procedure Act/Review or Appeal of Agency Decision
Assigned to:Judge Carl J. Nichols
Case in other court: USCA, 20-05302
20-05381
Cause:05:0706 Judicial Review of Agency Actions
Date terminated:2021-07-22
Jurisdiction:U.S. Government Defendant
Jury demand:None

Parties and Attorneys

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 Plaintiff
TIKTOK INC.
Plaintiff
Representation
Alexander Adelman Berengaut
COVINGTON & BURLING LLP
850 Tenth Street, NW
One City Center
Washington, DC 20001
(202) 662-5367
Fax: (202) 778-5367
aberengaut@cov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Anders Linderot
COVINGTON & BURLING LLP
620 Eighth Ave
New York, NY 10018
(212) 841-1000
alinderot@cov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Beth Susan Brinkmann
COVINGTON & BURLING, LLP
One CityCenter
850 10th St NW
Washington, DC 20001
(202) 662-5312
bbrinkmann@cov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Megan Anne Crowley
COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street, NW
Washington, DC 20001
(202) 662-5112
mcrowley@cov.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Megan Christine Keenan
COVINGTON & BURLING LLP
850 Tenth Street, NW
One City Center
Washington, DC 20001
(202) 662-5683
mkeenan@cov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mitchell Aaron Kamin
COVINGTON & BURLING LLP
1999 Avenue of the Stars
Los Angeles, CA 90067
(424) 332-4759
mkamin@cov.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Edward Hall
COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street NW
Washington, DC 20001
(202) 662-5104
Fax: (202) 778-5104
jhall@cov.com
ATTORNEY TO BE NOTICED

 Plaintiff
BYTEDANCE LTD.
Plaintiff
Representation
Alexander Adelman Berengaut
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Anders Linderot
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Beth Susan Brinkmann
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Megan Anne Crowley
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Megan Christine Keenan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mitchell Aaron Kamin
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Edward Hall
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
DONALD J. TRUMP
official capacity as President of the United States
TERMINATED: 07/12/2021
Defendant
Representation
Daniel Stephen Garrett Schwei
U.S. DEPARTMENT OF JUSTICE
P.O. Box 883
Washington, DC 20044
(202) 305-8693
Fax: (202) 616-8470
daniel.s.schwei@usdoj.gov
Civil Division, Federal Programs Branch
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Stuart Justin Robinson
U.S. DEPARTMENT OF JUSTICE
450 Golden Gate Ave
Suite 7-5395
San Francisco, CA 94102
(415) 436-6635
Fax: (415) 436-6632
stuart.j.robinson@usdoj.gov
Civil Division, Federal Programs Branch
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Serena Maya Schulz Orloff
U.S. DEPARTMENT OF JUSTICE
1100 L Street, NW
Washington, DC 20005
(202) 305-0167
Fax: (202) 616-8470
serena.m.orloff@usdoj.gov
Civil Division, Federal Programs Branch
ATTORNEY TO BE NOTICED

 Defendant
WILBUR L. ROSS, JR.
in his official capacity as Secretary of Commerce
Defendant
Representation
Daniel Stephen Garrett Schwei
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Stuart Justin Robinson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Serena Maya Schulz Orloff
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
U.S. DEPARTMENT OF COMMERCE
Defendant
Representation
Daniel Stephen Garrett Schwei
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Stuart Justin Robinson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Serena Maya Schulz Orloff
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
JOSEPH R. BIDEN, JR.
official capacity as President of the United States
Defendant
Representation
Daniel Stephen Garrett Schwei
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Stuart Justin Robinson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Serena Maya Schulz Orloff
(See above for address)
ATTORNEY TO BE NOTICED

 Movant
NETCHOICE
Movant
Representation
Jacob Alan Sommer
ZWILLGEN PLLC
1900 M St NW
Suite 250
Washington, DC 20036
(202) 706-5205
jake@zwillgen.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Movant
REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS
Movant
Representation
KatieLynn Boyd Townsend
REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS
1156 15th St, NW
Suite 1020
Washington, DC 20005
(202) 795-9300
Fax: (202) 795-9310
ktownsend@rcfp.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Movant
JEFFREY A. LOVITKY
Movant
Representation
JEFFREY A. LOVITKY
PRO SE
Jeffrey A. Lovitky
1776 K Street, NW
Suite 800
Washington, DC 20006
(202) 429-3393
Fax: (202) 318-4013
jefflovitky@gmail.com
JEFFREY A. LOVITKY, ATTORNEY AT LAW
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Sep 18, 2020ViewCOMPLAINT TIKTOK INC. and BYTEDANCE LTD. against WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number ADCDC-7612579) filed by TIKTOK INC., BYTEDANCE LTD.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Hall, John) (Entered: 09/18/2020)
2Sep 18, 2020RequestLCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests TIKTOK INC. and BYTEDANCE LTD. by BYTEDANCE LTD., TIKTOK INC. (Hall, John) (Entered: 09/18/2020)
3Sep 18, 2020RequestNOTICE of Appearance by John Edward Hall on behalf of BYTEDANCE LTD., TIKTOK INC. (Hall, John) (Entered: 09/19/2020)
4Sep 19, 2020RequestNOTICE of Appearance by Beth Susan Brinkmann on behalf of All Plaintiffs (Brinkmann, Beth) (Entered: 09/19/2020)
5Sep 19, 2020RequestNOTICE of Appearance by Megan Christine Keenan on behalf of All Plaintiffs (Keenan, Megan) (Entered: 09/19/2020)
Sep 21, 2020Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 09/21/2020)
6Sep 21, 2020RequestSUMMONS (4) Issued Electronically as to WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 09/21/2020)
7Sep 21, 2020RequestCase randomly reassigned to Judge Carl J. Nichols. Judge Randolph D. Moss is no longer assigned to the case. (ztnr) (Entered: 09/21/2020)
8Sep 21, 2020RequestREQUEST FOR SUMMONS TO ISSUE US DEPARTMENT OF COMMERCE re 1 Complaint, filed by TIKTOK INC., BYTEDANCE LTD.. Related document: 1 Complaint, filed by BYTEDANCE LTD., TIKTOK INC..(Hall, John) (Entered: 09/21/2020)
9Sep 21, 2020ViewSTANDING ORDER. Signed by Judge Carl J. Nichols on September 21, 2020. (lccjn3) (Entered: 09/21/2020)
10Sep 21, 2020RequestNOTICE of Appearance by Alexander Adelman Berengaut on behalf of All Plaintiffs (Berengaut, Alexander) (Entered: 09/21/2020)
11Sep 21, 2020RequestMOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mitchell A. Kamin, Filing fee $ 100, receipt number ADCDC-7619297. Fee Status: Fee Paid. by BYTEDANCE LTD., TIKTOK INC. (Keenan, Megan) (Entered: 09/21/2020)
12Sep 21, 2020RequestMOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anders Linderot, Filing fee $ 100, receipt number ADCDC-7619312. Fee Status: Fee Paid. by BYTEDANCE LTD., TIKTOK INC. (Keenan, Megan) (Entered: 09/21/2020)
13Sep 22, 2020RequestSUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE. (Attachment: # 1 Notice and Consent)(eg) (Entered: 09/22/2020)
14Sep 22, 2020RequestNOTICE of Appearance by Megan Anne Crowley on behalf of All Plaintiffs (Crowley, Megan) (Entered: 09/22/2020)
Sep 23, 2020MINUTE ORDER. The Court having considered Plaintiffs' 11 Motion for Admission Pro Hac Vice of Mitchell A. Kamin, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Mitchell A. Kamin is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Carl J. Nichols on September 23, 2020. (lccjn3) (Entered: 09/23/2020)
Sep 23, 2020MINUTE ORDER. The Court having considered Plaintiffs' 11 Motion for Admission Pro Hac Vice of Anders Linderot, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Anders Linderot is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Carl J. Nichols on September 23, 2020. (lccjn3) (Entered: 09/23/2020)
15Sep 23, 2020ViewMOTION for Preliminary Injunction MOTION to Expedite by BYTEDANCE LTD., TIKTOK INC. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Text of Proposed Order)(Hall, John). Added MOTION to Expedite on 9/24/2020 (zeg). (Entered: 09/23/2020)
16Sep 23, 2020ViewNOTICE of Government's Position Regarding Briefing Schedule by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE re 15 MOTION for Preliminary Injunction (Schwei, Daniel) (Entered: 09/23/2020)
17Sep 23, 2020ViewNOTICE of Appearance by Daniel Stephen Garrett Schwei on behalf of All Defendants (Schwei, Daniel) (Entered: 09/23/2020)
Sep 23, 2020MINUTE ORDER. After considering Plaintiffs' 15 Motion for Preliminary Injunction and Defendants' 16 Position Regarding Briefing Schedule, it is hereby ORDERED that a telephonic hearing shall take place on September 24, 2020, at 10:00 a.m., to discuss the schedule for Plaintiffs' 15 Motion. The Parties should be prepared to discuss, among other issues, the government's decision to select different effective dates for the implementation of prohibited transactions directed against TikTok Inc. The Parties may also address any other issues that they believe will be helpful to the Court in setting the schedule for Plaintiffs' 15 Motion. Signed by Judge Carl J. Nichols on September 23, 2020. (lccjn3) (Entered: 09/23/2020)
Sep 23, 2020Set/Reset Hearings: Telephone Scheduling Conference set for 9/24/2020 at 10:00 AM in Telephonic/VTC before Judge Carl J. Nichols. (zcal) (Entered: 09/23/2020)
Sep 24, 2020Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Telephone Scheduling Conference held on 9/24/2020. After considering the representations the Parties made during the telephonic hearing held on September 24, 2020, at 10:00 a.m., and for the reasons discussed during that hearing, it is hereby ORDERED that on or before 2:30 p.m. on September 25, 2020, Defendants shall file either (1) their response to Plaintiffs' 15 Motion for Preliminary Injunction OR (2) a notice describing Defendants' plan to delay the effective date of the subset of prohibited transactions directed against TikTok that are scheduled to go into effect on September 27, 2020, at 11:59 p.m. Court Reporter: Lorraine Herman. (zcal) Modified on 9/24/2020 (lccjn3). (Entered: 09/24/2020)
18Sep 25, 2020RequestNOTICE of Appearance by Mitchell Aaron Kamin on behalf of All Plaintiffs (Kamin, Mitchell) Modified on 9/25/2020 to correct docket event/text (zjf). (Entered: 09/25/2020)
19Sep 25, 2020RequestNOTICE of Appearance by Anders Linderot on behalf of All Plaintiffs (Linderot, Anders) (Entered: 09/25/2020)
20Sep 25, 2020ViewUnopposed MOTION for Leave to File Under Seal by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Robinson, Stuart) (Entered: 09/25/2020)
Sep 25, 2020MINUTE ORDER. Upon review of Defendants' 20 Motion for Leave to File Under Seal, it is hereby ORDERED that the Motion is GRANTED. Signed by Judge Carl J. Nichols on September 25, 2020. (lccjn3) (Entered: 09/25/2020)
21Sep 25, 2020RequestSEALED OPPOSITION filed by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. re 15 MOTION for Preliminary Injunction MOTION to Expedite (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Schwei, Daniel) (Entered: 09/25/2020)
Sep 25, 2020MINUTE ORDER: Sealed Telephone Preliminary Injunction Hearing set for 9/27/2020 at 9:30 AM in Telephonic/VTC before Judge Carl J. Nichols. So Ordered by Judge Carl J. Nichols on 9/25/2020. (This document is SEALED and only available to authorized persons.)(zcal) (Entered: 09/25/2020)
22Sep 25, 2020ViewMemorandum in opposition to re 15 MOTION for Preliminary Injunction MOTION to Expedite REDACTED VERSIONS filed by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Exhibit 1 - Commerce Decision Memo (Redacted), # 2 Exhibit 2 - 2019 DNI Worldwide Threat Assessment, # 3 Exhibit 3 - FBI Director Speech, # 4 Exhibit 4 - ASPI, Engineering Global Consent, # 5 Exhibit 5 - Foreign Policy, ByteDance Cant Outrun BeijingsShadow, # 6 Exhibit 6 - China Media Project, Tech Shame in the "New Era", # 7 Exhibit 7 - TikTok Terms of Service, # 8 Exhibit 8 - TikTok Privacy Policy, # 9 Exhibit 9 - ASPI, TikTok and WeChat: Curating and Controlling Global Information Flows)(Schwei, Daniel) (Entered: 09/25/2020)
23Sep 26, 2020ViewMOTION for Leave to File Amicus Curiae Brief by NetChoice (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(Sommer, Jacob) (Entered: 09/26/2020)
24Sep 26, 2020RequestNOTICE of Appearance by Serena Maya Schulz Orloff on behalf of WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Orloff, Serena) (Entered: 09/26/2020)
25Sep 26, 2020ViewMOTION Request for a Public Dial-In for the September 27, 2020 Hearing on Plaintiffs' Application for a Preliminary Injunction re Sealed Order, by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 09/26/2020)
26Sep 26, 2020ViewREPLY to opposition to motion re 15 MOTION for Preliminary Injunction MOTION to Expedite filed by BYTEDANCE LTD., TIKTOK INC.. (Hall, John) (Entered: 09/26/2020)
27Sep 26, 2020ViewRESPONSE re 25 MOTION Request for a Public Dial-In for the September 27, 2020 Hearing on Plaintiffs' Application for a Preliminary Injunction re Sealed Order, filed by BYTEDANCE LTD., TIKTOK INC.. (Hall, John) (Entered: 09/26/2020)
28Sep 26, 2020RequestNOTICE OF SUPPLEMENTAL AUTHORITY by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Exhibit Marland v Trump Decision (E.D. Pa.))(Schwei, Daniel) (Entered: 09/26/2020)
Sep 26, 2020MINUTE ORDER: The Court hereby UNSEALS the Telephone Preliminary Injunction Hearing scheduled for Sunday, 9/27/2020 at 9:30 AM. Public Dial-in number is (877) 873-8017 and access code is 8692421. So Ordered by Judge Carl J. Nichols on 9/26/2020. (zcal) (Entered: 09/26/2020)
Sep 27, 2020Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Telephone Preliminary Injunction held on 9/27/2020. 15 Motion for Preliminary Injunction and Motion to Expedite; taken under advisement. Further Order and Opinion to be issued by the Court. Court Reporter: Sara Wick. (zcal) (Entered: 09/27/2020)
29Sep 27, 2020ViewORDER granting in part and denying in part Plaintiffs' 15 Motion for Preliminary Injunction. Signed by Judge Carl J. Nichols on September 27, 2020. (lccjn3) (Entered: 09/27/2020)
30Sep 27, 2020ViewMEMORANDUM OPINION. Signed by Judge Carl J. Nichols on 9/27/2020. (zcal) Modified on 9/28/2020 to unseal document pursuant to Minute Order issued 9/28/2020 (zcal). (Entered: 09/27/2020)
Sep 28, 2020MINUTE ORDER. Based on the Parties' representations, it is hereby ORDERED that the Court's 30 Sealed Memorandum Opinion shall be UNSEALED. Signed by Judge Carl J. Nichols on September 28, 2020. (lccjn3) (Entered: 09/28/2020)
31Sep 30, 2020ViewTRANSCRIPT OF PROCEEDINGS before Judge Carl J. Nichols held on September 24, 2020; Page Numbers: 1-30. Date of Issuance: September 30, 2020. Court Reporter Lorraine Herman, Telephone number 202-354-3196, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter reference d above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/21/2020. Redacted Transcript Deadline set for 10/31/2020. Release of Transcript Restriction set for 12/29/2020.(Herman, Lorraine) (Entered: 09/30/2020)
32Sep 30, 2020ViewJoint STATUS REPORT by BYTEDANCE LTD., TIKTOK INC.. (Hall, John) (Entered: 09/30/2020)
Oct 1, 2020MINUTE ORDER. Upon review of the Parties' 32 Joint Status Report, the Court hereby enters the following briefing schedule: Defendants shall file a certified list of the contents of the Administrative Record by October 5, 2020; Plaintiffs shall file a motion for a preliminary injunction as to the prohibitions scheduled to take effect November 12, 2020, by October 14, 2020; Defendants shall file their opposition to Plaintiffs' motion by October 23, 2020; and Plaintiffs shall file their reply by October 30, 2020. It is so ORDERED. Signed by Judge Carl J. Nichols on October 1, 2020. (lccjn3) Modified on 10/1/2020 (lczm). (Entered: 10/01/2020)
Oct 1, 2020NOTICE OF CORRECTED DOCKET ENTRY: Defendant's Deadline date of when to file their opposition to Plaintiffs' motion was entered incorrectly. Defendants shall file their opposition to Plaintiffs' motion by October 23, 2020. (zcal) (Entered: 10/01/2020)
Oct 1, 2020Set/Reset Deadlines: Administrative Record due by 10/5/2020. Motions due by 10/14/2020. Response due by 10/23/2020. Reply due by 10/30/2020. (zcal) (Entered: 10/01/2020)
33Oct 5, 2020ViewADMINISTRATIVE RECORD Notice of Filing Certified Contents by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Declaration Certifying Contents of Administrative Record, # 2 Certified Contents of Administrative Record)(Schwei, Daniel) (Entered: 10/05/2020)
Oct 6, 2020MINUTE ORDER: Preliminary Injunction Hearing set for 11/4/2020 at 10:00 AM in Telephonic/VTC before Judge Carl J. Nichols. So Ordered by Judge Carl J. Nichols on 10/6/2020. (zcal) (Entered: 10/06/2020)
34Oct 7, 2020RequestRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/23/2020. (Hall, John) (Entered: 10/07/2020)
35Oct 7, 2020RequestRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/22/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/21/2020. (Hall, John) (Entered: 10/07/2020)
36Oct 7, 2020RequestRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 9/28/2020, answer due 10/19/2020 (Hall, John) (Entered: 10/07/2020)
37Oct 7, 2020RequestRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 10/2/2020, answer due 10/23/2020 (Hall, John) (Entered: 10/07/2020)
38Oct 7, 2020RequestRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILBUR L. ROSS, JR served on 9/28/2020, answer due 10/19/2020 (Hall, John) (Entered: 10/07/2020)
39Oct 8, 2020ViewNOTICE OF APPEAL TO DC CIRCUIT COURT as to 29 Order on Motion for Preliminary Injunction by U.S. DEPARTMENT OF COMMERCE, WILBUR L. ROSS, JR, DONALD J. TRUMP. Fee Status: No Fee Paid. Parties have been notified. (Schwei, Daniel) (Entered: 10/08/2020)
40Oct 8, 2020ViewUnopposed MOTION for Leave to File by JEFFREY A. LOVITKY (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Lovitky, Jeffrey) (Entered: 10/08/2020)
41Oct 8, 2020ViewTransmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 39 Notice of Appeal to DC Circuit Court. (zrdj) (Entered: 10/08/2020)
Oct 8, 2020USCA Case Number 20-5302 for 39 Notice of Appeal to DC Circuit Court filed by DONALD J. TRUMP, WILBUR L. ROSS, JR., U.S. DEPARTMENT OF COMMERCE. (zrdj) (Entered: 10/09/2020)
Oct 9, 2020MINUTE ORDER. Upon consideration of Jeffery Lovitky's 40 Unopposed Motion for Leave to File an Amicus Curiae Brief Supporting Plaintiffs, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Mr. Lovitky's [40-1] Proposed Amicus Brief is accepted. Signed by Judge Carl J. Nichols on October 9, 2020. (lccjn3) (Entered: 10/09/2020)
42Oct 14, 2020ViewTRANSCRIPT OF MOTION HEARING before Judge Carl J. Nichols, held on 09/27/2020. Page Numbers: 1-54. Date of Issuance: 10/14/2020. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. Aft er 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/4/2020. Redacted Transcript Deadline set for 11/14/2020. Release of Transcript Restriction set for 1/12/2021.(Wick, Sara) (Entered: 10/14/2020)
43Oct 14, 2020ViewMOTION for Preliminary Injunction Against Commerce Prohibitions 2-5 by BYTEDANCE LTD., TIKTOK INC. (Attachments: # 1 Memorandum in Support of Renewed Motion for Preliminary Injunction, # 2 Declaration (Supp.) - Roland Cloutier, # 3 Declaration (Supp.) - Vanessa Pappas, # 4 Exhibit to Supp. Pappas Decl. - Video File, # 5 Declaration of Eric Han, # 6 Declaration (Supp.) - Steven Weber, # 7 Text of Proposed Order)(Hall, John) (Entered: 10/14/2020)
44Oct 23, 2020ViewMemorandum in opposition to re 43 MOTION for Preliminary Injunction Against Commerce Prohibitions 2-5 filed by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel) (Entered: 10/23/2020)
45Oct 23, 2020ViewNOTICE of Lodging by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Exhibit 1 - Redacted Sept. 16 Assessment, # 2 Exhibit 2 - Redacted Sept. 25 Assessment)(Schwei, Daniel) (Entered: 10/23/2020)
46Oct 29, 2020RequestNOTICE of Supplementation of Administrative Record by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE re 33 Administrative Record, (Attachments: # 1 Declaration Supplemental Declaration of John Costello)(Schwei, Daniel) (Entered: 10/29/2020)
47Oct 30, 2020ViewREPLY to opposition to motion re 43 MOTION for Preliminary Injunction Against Commerce Prohibitions 2-5 filed by BYTEDANCE LTD., TIKTOK INC.. (Attachments: # 1 Exhibit A - EDPA Decision in Marland v. Trump)(Hall, John) (Entered: 10/30/2020)
48Nov 1, 2020ViewJOINT APPENDIX by BYTEDANCE LTD., TIKTOK INC.. (Attachments: # 1 Exhibit AR Index, # 2 Exhibit Public Redacted AR Part 1, # 3 Exhibit Public Redacted AR Part 2)(Hall, John) (Entered: 11/01/2020)
49Nov 1, 2020RequestSEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BYTEDANCE LTD., TIKTOK INC. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit AR Index for Sealed AR, # 2 Exhibit Sealed AR Excerpt, # 3 Text of Proposed Order Proposed Order)(Hall, John) (Entered: 11/01/2020)
51Nov 3, 2020RequestSEALED DOCUMENT filed by BYTEDANCE LTD., TIKTOK INC.. re 48 Joint Appendix filed by BYTEDANCE LTD., TIKTOK INC.. (This document is SEALED and only available to authorized persons.)(zeg) (Entered: 11/04/2020)
Nov 4, 2020Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Preliminary Injunction held on 11/4/2020. 43 Motion for Preliminary Injunction; taken under advisement. Further Order to be issued by the Court. Court Reporter: Lorraine Herman. (zcal) (Entered: 11/04/2020)
Nov 4, 2020MINUTE ORDER. As discussed during the hearing on November 4, 2020, the Parties shall submit supplemental briefing (not to exceed three pages) by November 6, 2020, discussing whether Plaintiffs still face irreparable harm in light of the October 30, 2020 Order in Marland v. Trump, No. 2:20-cv-04597 (E.D. Pa.). Signed by Judge Carl J. Nichols on November 4, 2020. (lccjn3) (Entered: 11/04/2020)
Nov 4, 2020Set/Reset Deadlines: Supplemental Briefing due by 11/6/2020. (zcal) (Entered: 11/04/2020)
52Nov 6, 2020ViewSUPPLEMENTAL MEMORANDUM re 43 MOTION for Preliminary Injunction Against Commerce Prohibitions 2-5 filed by BYTEDANCE LTD., TIKTOK INC. by BYTEDANCE LTD., TIKTOK INC.. (Hall, John) Modified event title on 11/12/2020 (znmw). (Entered: 11/06/2020)
53Nov 6, 2020ViewSUPPLEMENTAL MEMORANDUM to re Order, Regarding Lack of Irreparable Harm Due to Existing Nationwide Injunction filed by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel) (Entered: 11/06/2020)
54Nov 10, 2020ViewNOTICE of Filing by BYTEDANCE LTD., TIKTOK INC. (Attachments: # 1 Petition for Review)(Hall, John) (Entered: 11/10/2020)
55Nov 12, 2020ViewNOTICE of Filing of Appeal in Separate Case by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Exhibit Notice of Appeal Filed in Separate Case)(Schwei, Daniel) (Entered: 11/12/2020)
56Nov 13, 2020ViewNOTICE of Extension in CFIUS Matter by BYTEDANCE LTD., TIKTOK INC. (Hall, John) (Entered: 11/13/2020)
57Nov 23, 2020ViewMOTION to Stay Deadline for Responding to Complaint Pending D.C. Circuit Appeal of Preliminary Injunction by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Schwei, Daniel) (Entered: 11/23/2020)
Nov 24, 2020MINUTE ORDER. Upon review of Defendants' 57 Motion to Stay, it is hereby ORDERED that the Motion is GRANTED in part and DENIED in part. As the Parties agree that a short extension of Defendants' deadline to respond to Plaintiffs' 1 Complaint will facilitate the orderly resolution of the merits of this case, the Court will GRANT Defendants' requested extension. But the Court is not prepared to halt merits proceedings entirely, so Defendants' requested stay is DENIED. Defendants shall respond to Plaintiffs' 1 Complaint by January 14, 2021. The Parties shall also file a Joint Status Report on January 7, 2021, advising the Court on whether any further extension is warranted. Signed by Judge Carl J. Nichols on November 24, 2020. (lccjn3) (Entered: 11/24/2020)
Nov 24, 2020Set/Reset Deadlines: Answer due by 1/14/2021. Joint Status Report due by 1/7/2021. (zcal) (Entered: 11/25/2020)
58Nov 25, 2020ViewNOTICE of Extension in CFIUS Matter by BYTEDANCE LTD., TIKTOK INC. (Hall, John) (Entered: 11/25/2020)
59Dec 7, 2020ViewORDER granting Plaintiffs' 43 Motion for Preliminary Injunction. Signed by Judge Carl J. Nichols on December 7, 2020. (lccjn3) (Entered: 12/07/2020)
60Dec 7, 2020ViewMEMORANDUM OPINION. Signed by Judge Carl J. Nichols on December 7, 2020. (lccjn3) (Entered: 12/07/2020)
Dec 7, 2020Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (zcal) (Entered: 12/08/2020)
61Dec 18, 2020ViewJoint STATUS REPORT by BYTEDANCE LTD., TIKTOK INC.. (Hall, John) (Entered: 12/18/2020)
Dec 23, 2020MINUTE ORDER. Upon review of the Parties' 61 Joint Status Report, it is hereby ORDERED that Defendants' shall respond to Plaintiffs' 1 Complaint by January 19, 2021. It is further ORDERED that the Parties shall file another Joint Status Report by January 12, 2021, advising the Court on whether any further extension is warranted. Signed by Judge Carl J. Nichols on December 23, 2020. (lccjn3) (Entered: 12/23/2020)
Dec 23, 2020Set/Reset Deadlines: Answer due by 1/19/2021. Joint Status Report due by 1/12/2021. (zcal) (Entered: 12/28/2020)
62Dec 28, 2020ViewNOTICE OF APPEAL TO DC CIRCUIT COURT as to 59 Order on Motion for Preliminary Injunction by U.S. DEPARTMENT OF COMMERCE, WILBUR L. ROSS, JR, DONALD J. TRUMP. Fee Status: No Fee Paid. Parties have been notified. (Attachments: # 1 Order, # 2 Opinion)(Robinson, Stuart) (Entered: 12/28/2020)
63Dec 28, 2020RequestTransmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 62 Notice of Appeal to DC Circuit Court,. (eg) (Entered: 12/28/2020)
Dec 29, 2020USCA Case Number 20-5381 for 62 Notice of Appeal to DC Circuit Court, filed by DONALD J. TRUMP, WILBUR L. ROSS, JR., U.S. DEPARTMENT OF COMMERCE. (eg) (Entered: 12/30/2020)
64Jan 12, 2021ViewJoint STATUS REPORT by BYTEDANCE LTD., TIKTOK INC.. (Brinkmann, Beth) (Entered: 01/12/2021)
Jan 13, 2021MINUTE ORDER. Upon review of the Parties' 64 Joint Status Report, it is hereby ORDERED that Defendants' shall respond to Plaintiffs' 1 Complaint by February 18, 2021. It is further ORDERED that the Parties shall file another Joint Status Report by February 11, 2021, advising the Court on whether any further extension is warranted. Signed by Judge Carl J. Nichols on January 13, 2021. (lccjn3) (Entered: 01/13/2021)
Jan 13, 2021Set/Reset Deadlines: Answer due by 2/18/2021. Joint Status Report due by 2/11/2021. (zcal) (Entered: 01/13/2021)
Jan 15, 2021NOTICE OF ERROR re 64 Status Report; emailed to bbrinkmann@cov.com, cc'd 32 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. Attorney signature must match login/password in future filings. (zeg, ) (Entered: 01/15/2021)
65Feb 11, 2021ViewJoint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel) (Entered: 02/11/2021)
Feb 16, 2021MINUTE ORDER. Upon review of the Parties' 65 Joint Status Report, it is hereby ORDERED that all pending deadlines in this case are STAYED until further notice. The Parties shall file another Joint Status Report by April 12, 2021, advising the Court on whether the Parties have narrowed or eliminated any of the issues raised in this case. Signed by Judge Carl J. Nichols on February 16, 2021. (lccjn3) (Entered: 02/16/2021)
Feb 16, 2021Set/Reset Deadlines: Joint Status Report due by 4/12/2021. (zcal) (Entered: 02/16/2021)
66Apr 12, 2021ViewJoint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel) (Entered: 04/12/2021)
Apr 15, 2021MINUTE ORDER. Upon review of the Parties' 66 Joint Status Report, it is hereby ORDERED that the Parties file an additional Joint Status Report by June 11, 2021. Signed by Judge Carl J. Nichols on April 15, 2021. (lccjn3) (Entered: 04/15/2021)
Apr 15, 2021Set/Reset Deadlines: Joint Status Report due by 6/11/2021. (zcal) (Entered: 04/15/2021)
67Jun 11, 2021ViewJoint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel) (Entered: 06/11/2021)
Jun 21, 2021MINUTE ORDER. Upon review of the Parties' 67 Joint Status Report, it is hereby ORDERED that the Parties file an additional Joint Status Report by July 12, 2021. Signed by Judge Carl J. Nichols on June 21, 2021. lccjn3) (Entered: 06/21/2021)
Jun 21, 2021Set/Reset Deadlines: Joint Status Report due by 7/12/2021. (zcal) (Entered: 06/22/2021)
68Jul 12, 2021ViewJoint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel) (Entered: 07/12/2021)
Jul 14, 2021MINUTE ORDER. Upon review of the Parties' 68 Joint Status Report, it is hereby ORDERED that the Parties file an additional Joint Status Report by July 26, 2021. Signed by Judge Carl J. Nichols on July 14, 2021. (lccjn3) (Entered: 07/14/2021)
Jul 14, 2021Set/Reset Deadlines: Joint Status Report due by 7/26/2021. (zcal) (Entered: 07/14/2021)
69Jul 14, 2021RequestMANDATE of USCA as to 62 Notice of Appeal to DC Circuit Court, filed by DONALD J. TRUMP, WILBUR L. ROSS, JR., U.S. DEPARTMENT OF COMMERCE ; USCA Case Number 20-5381. (Attachment: # 1 Order)(eg) (Entered: 07/15/2021)
70Jul 15, 2021RequestTRANSCRIPT OF PROCEEDINGS before Judge Carl J. Nichols, held on November 4, 2020; Page Numbers: 1-45. Date of Issuance: July 15, 2021. Court Reporter/Transcriber: Lorraine Herman. Telephone number: 202-354-3196. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter re ferenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/5/2021. Redacted Transcript Deadline set for 8/15/2021. Release of Transcript Restriction set for 10/13/2021.(Herman, Lorraine) (Entered: 07/15/2021)
72Jul 20, 2021RequestMANDATE of USCA as to 39 Notice of Appeal to DC Circuit Court filed by DONALD J. TRUMP, WILBUR L. ROSS, JR., U.S. DEPARTMENT OF COMMERCE ; USCA Case Number 20-5302. (Attachment: # 1 Order)(zeg) (Entered: 07/26/2021)
71Jul 21, 2021ViewSTIPULATION of Dismissal Without Prejudice by BYTEDANCE LTD., TIKTOK INC.. (Berengaut, Alexander) (Entered: 07/21/2021)

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