Southern District Docket Sheet (Prior Proceeding) — Hart v. Facebook (N.D. Cal.)

Record facts

U.S. District Court, Northern District of California · No. 4:22-cv-00737-KAW · Doc. 46 · 2022-02-07 · Docket on CourtListener

Full text

CLOSED
U.S. District Court
Southern District of California (San Diego)
CIVIL DOCKET FOR CASE #: 3:21−cv−01543−W−WVG
Hart v. Facebook, Inc. et al
Assigned to: Judge Thomas J. Whelan
Referred to: Magistrate Judge William V. Gallo
Cause: 05:0552fi Freedom of Information Act
Date Filed: 08/31/2021
Date Terminated: 02/02/2022
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Early Neutral Evaluation Conference:
Case Management Conference:
Status Hearing:
Status Conference:
Mandatory Settlement Conference:
Settlement Conference:
Settlement Disposition Conference:
Pretrial Conference:
Final Pretrial Conference:
Trial Date:
Plaintiff
Justin Hart
represented by Brian Kirk Kelsey
Liberty Justice Center
141 West Jackson Boulevard
Suite 1605
Chicago, IL 60604
312−637−2280
Email: bkelsey@ljc.org (Inactive)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Daniel Robert Suhr
Liberty Justice Center
141 West Jackson Street
Suite 1065
Chicago, IL 60604
414−588−1658
Email: dsuhr@libertyjusticecenter.org
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
James McQuaid
Liberty Justice Center
190 South LaSalle Street
Suite 1500
Chicago, IL 60603
312−263−7668
Email: jmcquaid@libertyjusticecenter.org
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mallory Elizabeth Reader
Liberty Justice Center
Case 4:22-cv-00737-KAW   Document 46   Filed 02/07/22   Page 1 of 7

141 West Jackson Boulevard
Suite 1065
Chicago, IL 60604
810−355−8699
Email: mreader@alumni.nd.edu
TERMINATED: 01/06/2022
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Nada Higuera
25026 Las Brisas Road
Murrieta, CA 92562
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Robert H Tyler
Advocates for Faith & Freedom
25026 Las Brisas Road
Murrieta, CA 92562
951−600−2733
Fax: 951−600−4996
Email: btyler@faith−freedom.com (Inactive)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Facebook, Inc.
represented by Christopher C. Kearney
Keker, Van Nest & Peters LLP
633 Battery Street
San Francisco, CA 94111
415−676−2272
Fax: 415−397−7188
Email: ckearney@kvn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Melissa L. Cornell
Keker, Van Nest & Peters LLP
633 Battery Street
San Francisco, CA 94111−1809
415−391−5400
Fax: 415−397−7188
Email: mcornell@keker.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Twitter, Inc.
represented by Jonathan Alan Patchen
Willkie Farr & Gallagher LLP
One Front Street
Case 4:22-cv-00737-KAW   Document 46   Filed 02/07/22   Page 2 of 7

San Francisco, CA 94111
415−858−7594
Fax: 415−858−7599
Email: jpatchen@willkie.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Yuhan Chi
One Front Street
34th Florr
San Francisco, NY 94111
415−858−7431
Email: ychi@willkie.com
ATTORNEY TO BE NOTICED
Defendant
Vivek Murthy
in his official capacity as United States Surgeon
General
represented by U S Attorney CV
U S Attorneys Office Southern District of
California
Civil Division
880 Front Street
Suite 6253
San Diego, CA 92101
(619)557−5662
Fax: (619)557−7122
Email: Efile.dkt.civ@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kuntal Virendra Cholera
DOJ−Civ
1100 L Street NW
Suite 12306
Washington, DC 20005
202−662−5134
Email: kuntal.cholera@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Joseph R. Biden, Jr.
in his official capacity as President of the
United States
represented by U S Attorney CV
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kuntal Virendra Cholera
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
The Department of Health and Human
Services
represented by U S Attorney CV
(See above for address)
Case 4:22-cv-00737-KAW   Document 46   Filed 02/07/22   Page 3 of 7

LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kuntal Virendra Cholera
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
The Office of Management and Budget
represented by U S Attorney CV
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kuntal Virendra Cholera
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed
#
Docket Text
08/31/2021
Ï 1 
COMPLAINT with Jury Demand against Joseph R. Biden, Jr, Facebook, Inc., Vivek Murthy, The
Department of Health and Human Services, The Office of Management and Budget, Twitter, Inc. (
Filing fee $ 402 receipt number ACASDC−16089890.), filed by Justin Hart. (Attachments: # 1
Civil Cover Sheet)
The new case number is 3:21−cv−1543−MMA−WVG. Judge Michael M. Anello and Magistrate
Judge William V. Gallo are assigned to the case. (Tyler, Robert)(smd) (sjt). (Entered: 09/01/2021)
09/01/2021
Ï 2 
Summons Issued.
Counsel receiving this notice electronically should print this summons and serve it in
accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (smd)(sjt). (Entered: 09/01/2021)
09/03/2021
Ï 3 
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC−16099792.)
(Application to be reviewed by Clerk.) (Reader, Mallory) (rmc). (Entered: 09/03/2021)
09/03/2021
Ï 4 
ORDER Approving the Pro Hac Vice Application of Mallory Elizabeth Reader, re 3 Request to
Appear Pro Hac Vice. Signed by Judge Michael M. Anello on 9/3/2021.(rmc) (Entered:
09/03/2021)
09/03/2021
Ï 5 
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC−16102535.)
(Application to be reviewed by Clerk.) (Kelsey, Brian)(rmc). (Entered: 09/03/2021)
09/03/2021
Ï 6 
ORDER Approving the Pro Hac Vice Application of Brian Kirk Kelsey, re 5 Request to Appear
Pro Hac Vice. Signed by Judge Michael M. Anello on 9/3/2021.(rmc) (Entered: 09/03/2021)
09/16/2021
Ï 7 
NOTICE of Appearance by Jonathan Alan Patchen on behalf of Twitter, Inc. (Patchen,
Jonathan)Attorney Jonathan Alan Patchen added to party Twitter, Inc.(pty:dft) (tcf). (Entered:
09/16/2021)
09/16/2021
Ï 8 
Corporate Disclosure Statement by Twitter, Inc. No Corporate Parents/Interested Parties. (Patchen,
Jonathan) (tcf). (Entered: 09/16/2021)
09/16/2021
Ï 9 
Joint MOTION for Extension of Time to File Answer re 1 Complaint, by Twitter, Inc. (Patchen,
Jonathan) (tcf). (Entered: 09/16/2021)
Case 4:22-cv-00737-KAW   Document 46   Filed 02/07/22   Page 4 of 7

09/16/2021
Ï 10 
NOTICE of Appearance by Yuhan Chi on behalf of Twitter, Inc. (Chi, Yuhan)Attorney Yuhan Chi
added to party Twitter, Inc.(pty:dft) (tcf). (Entered: 09/16/2021)
09/17/2021
Ï 11 
ORDER Granting 9 Joint Motion to Extend Time to Respond to Complaint. Twitter must respond
to the Complaint on or before the Federal Government Defendants' deadline to respond pursuant to
Federal Rule of Civil Procedure 12(a)(2), which is currently, 11/8/2021. Signed by Judge Michael
M. Anello on 9/17/2021. (tcf) (Entered: 09/17/2021)
09/20/2021
Ï 12 
MINUTE ORDER OF TRANSFER. Judge Michael M. Anello is no longer assigned as presiding
judge. Case reassigned to Judge Thomas J. Whelan for all further proceedings. The new case
number is 21cv1543−W−WVG.(no document attached) (fth) (Entered: 09/20/2021)
10/04/2021
Ï 13 
NOTICE of Appearance by Kuntal Virendra Cholera on behalf of Joseph R. Biden, Jr, Vivek
Murthy, The Department of Health and Human Services, The Office of Management and Budget
(Cholera, Kuntal)Attorney Kuntal Virendra Cholera added to party Joseph R. Biden, Jr(pty:dft),
Attorney Kuntal Virendra Cholera added to party Vivek Murthy(pty:dft), Attorney Kuntal Virendra
Cholera added to party The Department of Health and Human Services(pty:dft), Attorney Kuntal
Virendra Cholera added to party The Office of Management and Budget(pty:dft) (jrm). (Entered:
10/04/2021)
10/05/2021
Ï 14 
Ex Parte MOTION for Extension of Time to File Response to Complaint by Joseph R. Biden, Jr,
Vivek Murthy, The Department of Health and Human Services, The Office of Management and
Budget. (Cholera, Kuntal) (jrm). (Entered: 10/05/2021)
10/06/2021
Ï 15 
***Document withdrawn per Doc. 17 *** RESPONSE in Opposition re 14 Ex Parte MOTION for
Extension of Time to File Response to Complaint filed by Justin Hart. (Reader, Mallory) QC
Mailer sent re incorrect signature on 10/7/2021; WITHDRAW/REFILE (jrm). Modified to
withdraw on 10/8/2021 (jrm). (Entered: 10/06/2021)
10/07/2021
Ï 16 
***Document Stricken per Order 22 *** Ex Parte MOTION for Entry of Default Against
Facebook, Inc. by Justin Hart. (Attachments: # 1 Declaration Declaration and copy of proof of
service)(Reader, Mallory) QC Mailer sent re incorrect signature on 10/8/2021;
WITHDRAW/REFILE (jrm). Modified to strike on 10/14/2021 (jrm). (Main Document 16 replaced
on 10/14/2021) (jrm). (Entered: 10/07/2021)
10/07/2021
Ï 17 
NOTICE of Withdrawal of Opposition to Motion for Extension of Time to Respond by Justin Hart
re 15 Response in Opposition to Motion (Reader, Mallory) (jrm). (Entered: 10/07/2021)
10/07/2021
Ï 18 
***Document withdrawn per Doc. 19 *** RESPONSE in Opposition re 14 Ex Parte MOTION for
Extension of Time to File Response to Complaint filed by Justin Hart. (Reader, Mallory) Modified
to withdraw on 10/8/2021 (jrm). (Entered: 10/07/2021)
10/07/2021
Ï 19 
NOTICE of Withdrawal of Opposition to Motion for Extension of Time to Respond by Justin Hart
re 18 Response in Opposition to Motion (Reader, Mallory) (jrm). (Entered: 10/07/2021)
10/07/2021
Ï 20 
RESPONSE in Opposition re 14 Ex Parte MOTION for Extension of Time to File Response to
Complaint filed by Justin Hart. (Reader, Mallory)(jrm). (Entered: 10/07/2021)
10/08/2021
Ï 21 
ORDER Granting Ex Parte Application for Extension of Time to Respond to the Complaint (Doc.
14 ). Signed by Judge Thomas J. Whelan on 10/8/2021. (jrm) (Entered: 10/08/2021)
10/14/2021
Ï 22 
Notice of Document Discrepancies and Order Thereon by Judge Thomas J. Whelan Rejecting re 16
Ex Parte MOTION for Entry of Default Against Facebook, Inc., from Plaintiff Justin Hart.
Non−compliance with local rule(s), Section 2.f.1 of the Electronic Case Filing Administrative
Policies and Procedures provides that [t]he name of the CM/ECF registered user under whose
log−in and password the document is submitted must be preceded by a s/ and typed in the space
where the signature would otherwise appear. The document violates this rule. QC mailer sent on
Case 4:22-cv-00737-KAW   Document 46   Filed 02/07/22   Page 5 of 7

10/7/21 regarding issue.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that
the Clerk STRIKE the document from the record, and serve a copy of this order on all parties.
Signed by Judge Thomas J. Whelan on 10/14/2021. (Attachments: # 1 Stricken Document)(jrm)
(Entered: 10/14/2021)
10/15/2021
Ï 23 
NOTICE of Appearance by Melissa L. Cornell on behalf of Facebook, Inc. (Cornell,
Melissa)Attorney Melissa L. Cornell added to party Facebook, Inc.(pty:dft) (sjt). (Entered:
10/15/2021)
10/15/2021
Ï 24 
Joint MOTION for Extension of Time to File Answer by Facebook, Inc.. (Cornell, Melissa)(sjt).
(Entered: 10/15/2021)
10/15/2021
Ï 25 
Ex Parte MOTION For Entry of A Staged−Briefing Schedule by Twitter, Inc.. (Attachments: # 1
Declaration J. Patchen Declaration In Support of Twitter's Ex Parte Application for Entry of A
Staged−Briefing Schedule, # 2 Ex. 1− J. Patchen Declaration (M. Reader Email), # 3 Ex. 2− J.
Patchen Declaration (Twitter Terms of Service))(Patchen, Jonathan)(sjt). (Entered: 10/15/2021)
10/18/2021
Ï 26 
ORDER granting 24 Motion for Extension of Time to Respond to Complaint. Signed by Judge
Thomas J. Whelan on 10/18/2021. (sjt) (Entered: 10/18/2021)
10/19/2021
Ï 27 
RESPONSE in Opposition re 25 Ex Parte MOTION For Entry of A Staged−Briefing Schedule filed
by Justin Hart. (Attachments: # 1 Declaration Declaration of Mallory Reader)(Reader,
Mallory)(jrm). (Entered: 10/19/2021)
10/19/2021
Ï 28 
NOTICE of Appearance by Christopher C. Kearney on behalf of Facebook, Inc. (Kearney,
Christopher)Attorney Christopher C. Kearney added to party Facebook, Inc.(pty:dft) (jrm).
(Entered: 10/19/2021)
10/19/2021
Ï 29 
RESPONSE in Support re 25 Ex Parte MOTION For Entry of A Staged−Briefing Schedule and in
Opposition re 27 Plaintiff's Ex Parte Application filed by Facebook, Inc. (Cornell, Melissa) (jrm).
(Entered: 10/19/2021)
10/20/2021
Ï 30 
RESPONSE re 27 Response in Opposition to Motion filed by Twitter, Inc.. (Attachments: # 1
Declaration of Jonathan Patchen, # 2 Exhibit A)(Patchen, Jonathan) (jrm). (Entered: 10/20/2021)
10/21/2021
Ï 31 
RESPONSE re 27 Response in Opposition to Motion filed by Joseph R. Biden, Jr, Vivek Murthy,
The Department of Health and Human Services, The Office of Management and Budget.
(Attachments: # 1 Exhibit A)(Cholera, Kuntal) (jrm). (Entered: 10/21/2021)
10/25/2021
Ï 32 
ORDER Granting Ex Parte Application for Entry of a Staged−Briefing Schedule (Doc. 25 ) and
Denying Cross Ex Parte Application for Early Rule 34 Document Requests (Doc. 27 ). Signed by
Judge Thomas J. Whelan on 10/25/2021. (jrm) (Entered: 10/25/2021)
11/08/2021
Ï 33 
MOTION to Change Venue by Facebook, Inc.. (Attachments: # 1 Declaration DECL OF JENNY
PRICER IN SUPPORT OF MOTION TO TRANSFER)(Cornell, Melissa)(jrm). (Entered:
11/08/2021)
11/08/2021
Ï 34 
MOTION to Change Venue by Twitter, Inc.. (Attachments: # 1 Declaration of Jonathan Patchen, #
2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Patchen, Jonathan) (jrm).
(Entered: 11/08/2021)
11/29/2021
Ï 35 
MOTION to Withdraw as Attorney Mallory Reader by Justin Hart. (Attachments: # 1 Declaration
Declaration of Mallory Reader)(Reader, Mallory) (jrm). (Entered: 11/29/2021)
11/29/2021
Ï 36 
RESPONSE in Opposition re 33 MOTION to Change Venue , 34 MOTION to Change Venue filed
by Justin Hart. (Reader, Mallory) (jrm). (Entered: 11/29/2021)
12/13/2021
Ï 37 
Case 4:22-cv-00737-KAW   Document 46   Filed 02/07/22   Page 6 of 7

REPLY to Response to Motion re 34 MOTION to Change Venue filed by Twitter, Inc. (Patchen,
Jonathan)(jrm). (Entered: 12/13/2021)
12/13/2021
Ï 38 
REPLY to Response to Motion re 33 MOTION to Change Venue filed by Facebook, Inc. (Cornell,
Melissa) Modified on 12/14/2021 (jrm). (Entered: 12/13/2021)
01/06/2022
Ï 39 
ORDER Approving Withdrawal of Mallory Reader as Counsel for Plaintiff (Doc. 35 ). Attorney
Mallory Elizabeth Reader terminated. Signed by Judge Thomas J. Whelan on 1/6/2022. (jrm)
(Entered: 01/06/2022)
01/25/2022
Ï 40 
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC−16508632.)
(Application to be reviewed by Clerk.) (Suhr, Daniel) (rmc). (Entered: 01/25/2022)
01/25/2022
Ï 41 
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC−16508644.)
(Application to be reviewed by Clerk.) (McQuaid, James) (rmc). (Entered: 01/25/2022)
01/25/2022
Ï 42 
MOTION to Substitute Attorney by Justin Hart. (Kelsey, Brian)(jrm). (Entered: 01/25/2022)
01/26/2022
Ï 43 
ORDER Approving the Pro Hac Vice Application of Daniel Robert Suhr, re 40 Request to Appear
Pro Hac Vice. Signed by Judge Thomas J. Whelan on 1/25/2022.(rmc) (Entered: 01/26/2022)
01/26/2022
Ï 44 
ORDER Approving the Pro Hac Vice Application of James McQuaid, re 41 Request to Appear Pro
Hac Vice. Signed by Judge Thomas J. Whelan on 1/25/2022.(rmc) (Entered: 01/26/2022)
02/02/2022
Ï 45 
Order Granting Defendants Facebook and Twitters Motions to Transfer Venue to the Northern
District of California [Docs. 33 , 34 ]. Signed by Judge Thomas J. Whelan on 2/2/2022. (jrm)
(Entered: 02/02/2022)
Case 4:22-cv-00737-KAW   Document 46   Filed 02/07/22   Page 7 of 7

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