Pandemic Darlings The pandemic economy, in original documents
Home Source documents Roger Teich Declaration in Support of Plaintiff’s Motion to Shorten Time (Case 3:20-cv-05787-SI, Document 75-1)

Roger Teich Declaration in Support of Plaintiff’s Motion to Shorten Time (Case 3:20-cv-05787-SI, Document 75-1)

What This Document Is

The 2-page Roger Teich Declaration in Support of Plaintiff's Motion to Shorten Time for Hearing on Motion to File Fed. R. Civ. Pro. 15(d) Supplement, filed March 8, 2021 as attachment 1 to CHD's motion to shorten time (Doc. 75) in CHD v. Facebook, Inc., et al. (N.D. Cal.). It documents the Civil L.R. 6-3 meet-and-confer attempt required for a motion to shorten time.

Factual Summary

Roger Teich, counsel for CHD, declares: (1) he is a member of the California State Bar and the bar of the Northern District, and makes the declaration in support of CHD's Civil L.R. 6-3(a) motion for shortened time and an expedited briefing schedule on its Rule 15(d) motion; (2) on Monday, March 8, 2021 at 11:37 a.m. Pacific (the declaration text misprints the year as "2020"), he emailed Sonal N. Mehta, lead counsel for Facebook and Zuckerberg, and Carol Jean LoCicero, lead counsel for Poynter, plus all other counsel of record. The quoted email announces that CHD will file that day a Rule 15(d) motion for leave to supplement the SAC "setting forth newly-occurred facts" — described as "recent adverse actions which Facebook has taken against CHD and/or Mr. Robert F. Kennedy, Jr., and recent White House officials' statements concerning government involvement with social media companies in speech censorship" — and, if necessary, a motion to hear the request on shortened time with the March 23, 2021 motions to dismiss, with oppositions due March 17 and replies March 19; it notes the filing is intended to comply with the 14-day requirement of Civil L.R. 6-1(b) and asks defense counsel to respond by 3:30 p.m. Pacific that day on whether they will stipulate; (3) as of 4:00 p.m. Pacific on March 8, 2021, Teich had received no response. Executed under penalty of perjury in San Francisco on March 8, 2021.

Key Facts

  • Filed 2021-03-08 as Doc. 75-1, the procedural declaration required by Civil L.R. 6-3 for CHD's motion to shorten time.
  • Documents a same-day stipulation request: email sent 11:37 a.m. PT March 8 to all defense counsel; deadline for response 3:30 p.m. PT; no response received as of 4:00 p.m. PT.
  • The email previews the substance of the Rule 15(d) supplement: Facebook's recent adverse actions against CHD/RFK Jr. and White House statements on government involvement in platform speech moderation.
  • Contains an internal typo dating the email "March 8, 2020"; the filing date, execution date, and surrounding content confirm 2021.

Source Caveats

  • The declaration's paragraph 2 misdates the email as "Monday, March 8, 2020"; March 8, 2021 was a Monday and every other date in the filing is 2021 — a scrivener's error in the original document, reproduced here for fidelity.
Date
2020-03-08

Cite this document

“Roger Teich Declaration in Support of Plaintiff’s Motion to Shorten Time (Case 3:20-cv-05787-SI, Document 75-1).” Original at archive.org, dated 2020-03-08. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-03-08-chd-v-facebook-et-al/, SHA-256 e369d4f947979bdc6bdcab51deb659549000b1a45c4369fc8017bedca589ff0a.

Full text

                 Case 3:20-cv-05787-SI Document 75-1 Filed 03/08/21 Page 1 of 2



 1 ROGER I. TEICH
   California State Bar No. 147076
 2 290 Nevada Street
   San Francisco, CA 94110
 3 Telephone: (415) 948-0045
   E-Mail Address: rteich@juno.com
 4
   ROBERT F. KENNEDY, JR.
 5 MARY HOLLAND
   Children’s Health Defense
 6 1227 North Peachtree Parkway, Suite 202
   Peachtree City, GA 30269
 7 Telephone: (917) 743-3868
   E-Mail Address: mary.holland@childrenshealthdefense.org
 8
   Attorneys for Plaintiff
 9 CHILDREN’S HEALTH DEFENSE

10                                    UNITED STATES DISTRICT COURT

11                                  NORTHERN DISTRICT OF CALIFORNIA

12                                        SAN FRANCISCO DIVISION

13
     CHILDREN’S HEALTH DEFENSE,                             Case No. 3:20-cv-05787-SI
14
                     Plaintiff,                             ROGER TEICH DECLARATION IN
15                                                          SUPPORT OF PLAINTIFF’S MOTION TO
            v.                                              SHORTEN TIME FOR HEARING ON
16                                                          MOTION TO FILE FED. R. CIV. PRO.
17 FACEBOOK, INC., et al.,                                  15(d) SUPPLEMENT

18                   Defendants.                            Civil L.R. 6-3; Fed. R. Civ. Pro. 15(d)

19
20          I, Roger Teich, declare as follows:
21          1.       I am a member of the State Bar of California and the Bar of the United States District
22 Court for the Northern District of California. This declaration is made in support of Plaintiff Children

23 Health Defense’s (“CHD”) motion pursuant to Civil L.R. 6-3(a) for leave to file a Fed. R. Civ. Pro.

24 15(d) supplement to the Second Amended Complaint (“SAC”) on shortened time and for an expedited

25 briefing schedule so the matter may be heard in conjunction with Defendants’ pending motions to

26 dismiss. If called as a witness, I could and would testify competently to the facts herein, except as to
27 those matters stated on information and belief.

28          2.       On Monday, March 8, 2020, at 11:37 am Pacific Time, I sent an email to Ms. Sonal N.

                                                      1                               Roger Teich Declaration ISO
                                                                                           Motion to Shorten Time
                                                                  CHD v. Facebook et al.; Case No. 3:20-cv-05787-SI
                Case 3:20-cv-05787-SI Document 75-1 Filed 03/08/21 Page 2 of 2



 1 Mehta, lead counsel for Facebook, Inc. and Mark Zuckerberg, and to Carol Jean LoCicero, lead counsel

 2 for Poynter Institute, and to all other named counsel of record for those Defendants, in the above-entitled

 3 action, which stated:

 4         Dear Counsel,

 5         Today CHD will be filing with the Court a motion for leave to file a supplement to the Second

 6 Amended Complaint (“SAC”) under Fed. R. Civ. Pro. 15(d), setting forth newly-occurred facts, and if

 7 necessary, a motion to hear CHD’s Rule 15(d) request on shortened time with Defendants’ motions to

 8 dismiss on March 23, 2021, at 11:00 am PT. The facts with which CHD seeks to supplement involve

 9 recent adverse actions which Facebook has taken against      CHD and/or Mr. Robert F. Kennedy, Jr., and

10 recent White House officials’ statements concerning government involvement with social media

11 companies in speech censorship on their platforms. CHD will request an expedited briefing schedule

12 pursuant to which Defendants’ Oppositions to the Rule 15(d) Motion, if any, will be due by March 17,

13 2021, and Plaintiff’s Replies, if any, will be due by March 19, 2021.

14         We intend to file these pleadings today, by stipulation or motion, to comply with the 14-day

15 requirement of Civil L.R. 6-1(b).

16         We ask that you let us know no later than 3:30 pm PT today whether you will or will not

17 stipulate to the requested time change and proposed expedited briefing schedule.

18         Sincerely,

19         Roger Teich

20         3.       As of 4:00 pm PT March 8, 2021, I had not received any response to my email.

21         I declare under penalty of perjury under the laws of the United States that the foregoing is true

22 and correct to the best of my knowledge and that this declaration was executed in San Francisco,

23 California, on March 8, 2021.

24

25

26
                                                 ROGER I. TEICH
27
                                                 Counsel for Plaintiff
28                                               Children’s Health Defense

                                                    2                                Roger Teich Declaration ISO
                                                                                          Motion to Shorten Time
                                                                 CHD v. Facebook et al.; Case No. 3:20-cv-05787-SI


File and source

File
gov.uscourts.cand.364478.75.1.pdf
Size
150,414 bytes
SHA-256
e369d4f947979bdc6bdcab51deb659549000b1a45c4369fc8017bedca589ff0a
Our copy
gov.uscourts.cand.364478.75.1.pdf
Original
archive.org
Back to top