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Court Dockets
U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:20-cv-02658-CJN
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:20-cv-02658-CJN
TIKTOK INC. et al v. TRUMP et al
DOCKET INFORMATION
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| Plaintiff |
TIKTOK INC.
Plaintiff
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| 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 | |||
| Defendant |
DONALD J. TRUMP official capacity as President of the United StatesTERMINATED: 07/12/2021 Defendant
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| 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 | |
| Movant |
NETCHOICE
Movant
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| 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
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| 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
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| 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 | ||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Sep 18, 2020 | View | COMPLAINT 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) |
| 2 | Sep 18, 2020 | Request | LCvR 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) |
| 3 | Sep 18, 2020 | Request | NOTICE of Appearance by John Edward Hall on behalf of BYTEDANCE LTD., TIKTOK INC. (Hall, John) (Entered: 09/19/2020) |
| 4 | Sep 19, 2020 | Request | NOTICE of Appearance by Beth Susan Brinkmann on behalf of All Plaintiffs (Brinkmann, Beth) (Entered: 09/19/2020) |
| 5 | Sep 19, 2020 | Request | NOTICE of Appearance by Megan Christine Keenan on behalf of All Plaintiffs (Keenan, Megan) (Entered: 09/19/2020) |
| Sep 21, 2020 | Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 09/21/2020) | ||
| 6 | Sep 21, 2020 | Request | SUMMONS (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) |
| 7 | Sep 21, 2020 | Request | Case randomly reassigned to Judge Carl J. Nichols. Judge Randolph D. Moss is no longer assigned to the case. (ztnr) (Entered: 09/21/2020) |
| 8 | Sep 21, 2020 | Request | REQUEST 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) |
| 9 | Sep 21, 2020 | View | STANDING ORDER. Signed by Judge Carl J. Nichols on September 21, 2020. (lccjn3) (Entered: 09/21/2020) |
| 10 | Sep 21, 2020 | Request | NOTICE of Appearance by Alexander Adelman Berengaut on behalf of All Plaintiffs (Berengaut, Alexander) (Entered: 09/21/2020) |
| 11 | Sep 21, 2020 | Request | MOTION 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) |
| 12 | Sep 21, 2020 | Request | MOTION 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) |
| 13 | Sep 22, 2020 | Request | SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE. (Attachment: # 1 Notice and Consent)(eg) (Entered: 09/22/2020) |
| 14 | Sep 22, 2020 | Request | NOTICE of Appearance by Megan Anne Crowley on behalf of All Plaintiffs (Crowley, Megan) (Entered: 09/22/2020) |
| Sep 23, 2020 | MINUTE 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, 2020 | MINUTE 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) | ||
| 15 | Sep 23, 2020 | View | MOTION 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) |
| 16 | Sep 23, 2020 | View | NOTICE 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) |
| 17 | Sep 23, 2020 | View | NOTICE of Appearance by Daniel Stephen Garrett Schwei on behalf of All Defendants (Schwei, Daniel) (Entered: 09/23/2020) |
| Sep 23, 2020 | MINUTE 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, 2020 | Set/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, 2020 | Minute 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) | ||
| 18 | Sep 25, 2020 | Request | NOTICE 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) |
| 19 | Sep 25, 2020 | Request | NOTICE of Appearance by Anders Linderot on behalf of All Plaintiffs (Linderot, Anders) (Entered: 09/25/2020) |
| 20 | Sep 25, 2020 | View | Unopposed 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, 2020 | MINUTE 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) | ||
| 21 | Sep 25, 2020 | Request | SEALED 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, 2020 | MINUTE 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) | ||
| 22 | Sep 25, 2020 | Request | Memorandum 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) |
| 23 | Sep 26, 2020 | View | MOTION 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) |
| 24 | Sep 26, 2020 | Request | NOTICE 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) |
| 25 | Sep 26, 2020 | View | MOTION 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) |
| 26 | Sep 26, 2020 | View | REPLY 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) |
| 27 | Sep 26, 2020 | View | RESPONSE 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) |
| 28 | Sep 26, 2020 | Request | NOTICE 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, 2020 | MINUTE 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, 2020 | Minute 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) | ||
| 29 | Sep 27, 2020 | View | ORDER 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) |
| 30 | Sep 27, 2020 | View | MEMORANDUM 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, 2020 | MINUTE 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) | ||
| 31 | Sep 30, 2020 | View | TRANSCRIPT 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) |
| 32 | Sep 30, 2020 | View | Joint STATUS REPORT by BYTEDANCE LTD., TIKTOK INC.. (Hall, John) (Entered: 09/30/2020) |
| Oct 1, 2020 | MINUTE 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, 2020 | NOTICE 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, 2020 | Set/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) | ||
| 33 | Oct 5, 2020 | View | ADMINISTRATIVE 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, 2020 | MINUTE 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) | ||
| 34 | Oct 7, 2020 | Request | RETURN 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) |
| 35 | Oct 7, 2020 | Request | RETURN 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) |
| 36 | Oct 7, 2020 | Request | RETURN 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) |
| 37 | Oct 7, 2020 | Request | RETURN 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) |
| 38 | Oct 7, 2020 | Request | RETURN 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) |
| 39 | Oct 8, 2020 | View | NOTICE 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) |
| 40 | Oct 8, 2020 | View | Unopposed 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) |
| 41 | Oct 8, 2020 | View | Transmission 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, 2020 | USCA 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, 2020 | MINUTE 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) | ||
| 42 | Oct 14, 2020 | View | TRANSCRIPT 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) |
| 43 | Oct 14, 2020 | View | MOTION 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) |
| 44 | Oct 23, 2020 | View | Memorandum 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) |
| 45 | Oct 23, 2020 | View | NOTICE 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) |
| 46 | Oct 29, 2020 | Request | NOTICE 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) |
| 47 | Oct 30, 2020 | View | REPLY 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) |
| 48 | Nov 1, 2020 | View | JOINT 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) |
| 49 | Nov 1, 2020 | Request | SEALED 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) |
| 51 | Nov 3, 2020 | Request | SEALED 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, 2020 | Minute 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, 2020 | MINUTE 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, 2020 | Set/Reset Deadlines: Supplemental Briefing due by 11/6/2020. (zcal) (Entered: 11/04/2020) | ||
| 52 | Nov 6, 2020 | View | SUPPLEMENTAL 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) |
| 53 | Nov 6, 2020 | View | SUPPLEMENTAL 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) |
| 54 | Nov 10, 2020 | View | NOTICE of Filing by BYTEDANCE LTD., TIKTOK INC. (Attachments: # 1 Petition for Review)(Hall, John) (Entered: 11/10/2020) |
| 55 | Nov 12, 2020 | View | NOTICE 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) |
| 56 | Nov 13, 2020 | View | NOTICE of Extension in CFIUS Matter by BYTEDANCE LTD., TIKTOK INC. (Hall, John) (Entered: 11/13/2020) |
| 57 | Nov 23, 2020 | View | MOTION 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, 2020 | MINUTE 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, 2020 | Set/Reset Deadlines: Answer due by 1/14/2021. Joint Status Report due by 1/7/2021. (zcal) (Entered: 11/25/2020) | ||
| 58 | Nov 25, 2020 | View | NOTICE of Extension in CFIUS Matter by BYTEDANCE LTD., TIKTOK INC. (Hall, John) (Entered: 11/25/2020) |
| 59 | Dec 7, 2020 | View | ORDER granting Plaintiffs' 43 Motion for Preliminary Injunction. Signed by Judge Carl J. Nichols on December 7, 2020. (lccjn3) (Entered: 12/07/2020) |
| 60 | Dec 7, 2020 | View | MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on December 7, 2020. (lccjn3) (Entered: 12/07/2020) |
| Dec 7, 2020 | Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (zcal) (Entered: 12/08/2020) | ||
| 61 | Dec 18, 2020 | View | Joint STATUS REPORT by BYTEDANCE LTD., TIKTOK INC.. (Hall, John) (Entered: 12/18/2020) |
| Dec 23, 2020 | MINUTE 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, 2020 | Set/Reset Deadlines: Answer due by 1/19/2021. Joint Status Report due by 1/12/2021. (zcal) (Entered: 12/28/2020) | ||
| 62 | Dec 28, 2020 | View | NOTICE 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) |
| 63 | Dec 28, 2020 | Request | Transmission 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, 2020 | USCA 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) | ||
| 64 | Jan 12, 2021 | View | Joint STATUS REPORT by BYTEDANCE LTD., TIKTOK INC.. (Brinkmann, Beth) (Entered: 01/12/2021) |
| Jan 13, 2021 | MINUTE 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, 2021 | Set/Reset Deadlines: Answer due by 2/18/2021. Joint Status Report due by 2/11/2021. (zcal) (Entered: 01/13/2021) | ||
| Jan 15, 2021 | NOTICE 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) | ||
| 65 | Feb 11, 2021 | View | Joint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel) (Entered: 02/11/2021) |
| Feb 16, 2021 | MINUTE 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, 2021 | Set/Reset Deadlines: Joint Status Report due by 4/12/2021. (zcal) (Entered: 02/16/2021) | ||
| 66 | Apr 12, 2021 | View | Joint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel) (Entered: 04/12/2021) |
| Apr 15, 2021 | MINUTE 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, 2021 | Set/Reset Deadlines: Joint Status Report due by 6/11/2021. (zcal) (Entered: 04/15/2021) | ||
| 67 | Jun 11, 2021 | View | Joint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel) (Entered: 06/11/2021) |
| Jun 21, 2021 | MINUTE 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, 2021 | Set/Reset Deadlines: Joint Status Report due by 7/12/2021. (zcal) (Entered: 06/22/2021) | ||
| 68 | Jul 12, 2021 | View | Joint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel) (Entered: 07/12/2021) |
| Jul 14, 2021 | MINUTE 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, 2021 | Set/Reset Deadlines: Joint Status Report due by 7/26/2021. (zcal) (Entered: 07/14/2021) | ||
| 69 | Jul 14, 2021 | Request | MANDATE 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) |
| 70 | Jul 15, 2021 | Request | TRANSCRIPT 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) |
| 71 | Jul 21, 2021 | Request | STIPULATION of Dismissal Without Prejudice by BYTEDANCE LTD., TIKTOK INC.. (Berengaut, Alexander) (Entered: 07/21/2021) |