Chd v. Facebook Et Al
- Date
- 2020-09-24
Summary
Exhibit C, filed September 24, 2020 as Document 43-7 in Children's Health Defense v. Facebook, Inc., et al., Case No. 3:20-cv-05787-SI, in the U.S. District Court for the Northern District of California. It opens with an email chain from September 4 to September 9, 2020 among plaintiff's counsel Roger Teich and defense counsel at WilmerHale about stipulated deadlines, service on Mark Zuckerberg, ESI retention and amended Section 3.2 of Facebook's Terms of Service. It then reproduces a Civil Local Rule 6-2(a) stipulation setting Plaintiff's opposition for December 21, 2020 and replies for January 21, 2021, and a stipulation extending the defendants' time to respond to the complaint to October 23, 2020, both dated September 9, 2020. The exhibit closes with a court notice dated August 27, 2020 on service requirements under Rule 4 (m).
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 1 of 20
Exhibit C
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 2 of 20
From: rteich@juno.com
To: Holtzblatt, Ari
Cc: Mehta, Sonal; clocicero@tlolawfirm.com; kvick@jassyvick.com; mary.holland@childrenshealthdefense.org;
Jennings, Molly; Schultz, Allison
Subject: RE: CHD v. Facebook, et al.
Date: Wednesday, September 9, 2020 4:16:53 PM
Attachments: FACEBOOK - Stip & [Pro] Order re Complaint MTD Briefing Sched 2 (FINAL) - 09-09-2020.docx
FACEBOOK - Stip & [Pro] Order re Complaint Response Date (FINAL) - 09-09-2020.docx
FACEBOOK - [PRO] ORDER RE MTD BRIEFING SCHEDULE (FINAL) - 09-09-2020.docx
FACEBOOK - ORDER REASSIGNING CASE TO SUSAN ILSTON [DKT 14] - 08-27-2020.pdf
FACEBOOK - ORDER RE INITIAL CMC CONF [ILLSTON, J] [DOC 15] - 08-27-2020.pdf
EXTERNAL SENDER
Ari,
You have my consent to file these two Stipulations and [Proposed] Order.
Separately, I ask you to confirm whether Wilmer Hale will or will not accept service
of the Complaint and Summons (and related documents) on behalf of your client
Mark Zuckerberg.
Also, I ask all counsel to confirm whether your will or will not accept electronic
service of the attached Order reassigning the case to Judge Illston (Dkt #14), and
Order re Initial Case Management Conference (Dkt #15), thus obviating the need and
expense of separate service.
Earlier I suggested a follow-up phone conference for next Wednesday, September 16,
at 11:30am PT to discuss amended Section 3.2, and we agreed to calendar a separate
call with Poynter/Politifact counsel to discuss (at least initially) the appropriate ESI-
retention protocols for this case.
Please confirm the September 16 phone call or suggest another day/time you would
prefer for the Section 3.2 discussion, and another day/time for the initial ESI-related
discussion.
I have outlined why I believe both these discussions should be held before October 1,
and I would appreciate hearing your views on scheduling these initial discussions.
Sincerely,
Roger Teich
---------- Original Message ----------
From: "Holtzblatt, Ari" <Ari.Holtzblatt@wilmerhale.com>
To: "rteich@juno.com" <rteich@juno.com>, "Mehta, Sonal"
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 3 of 20
<Sonal.Mehta@wilmerhale.com>
Cc: "clocicero@tlolawfirm.com" <clocicero@tlolawfirm.com>, "kvick@jassyvick.com"
<kvick@jassyvick.com>, "mary.holland@childrenshealthdefense.org"
<mary.holland@childrenshealthdefense.org>, "Jennings, Molly"
<Molly.Jennings@wilmerhale.com>, "Schultz, Allison" <Allison.Schultz@wilmerhale.com>
Subject: RE: CHD v. Facebook, et al.
Date: Wed, 9 Sep 2020 19:27:34 +0000
Roger,
Attached are revised versions of the two stipulations and the proposed order, along with
redlines against the versions that you sent us. Please confirm that we can attest to your
signature on the two stipulations.
Regards,
Ari
From: rteich@juno.com <rteich@juno.com>
Sent: Wednesday, September 9, 2020 12:23 PM
To: Mehta, Sonal <Sonal.Mehta@wilmerhale.com>
Cc: clocicero@tlolawfirm.com; kvick@jassyvick.com;
mary.holland@childrenshealthdefense.org; Holtzblatt, Ari <Ari.Holtzblatt@wilmerhale.com>;
Jennings, Molly <Molly.Jennings@wilmerhale.com>; Schultz, Allison
<Allison.Schultz@wilmerhale.com>
Subject: RE: CHD v. Facebook, et al.
EXTERNAL SENDER
Sonal,
Attached, our revisions in Track Changes to the two Stipulations,
[Proposed] Order, and your declaration. You have our consent to file these
pleadings only as revised.
I look forward to working with you, too. In normal times, it would still be
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 4 of 20
difficult to file jointly the same day if we receive the drafts at or after the
close of business eastern time where Children's Health Defense and its
general counsel are located. And, these are not normal times. I'm in
Mendocino County right now.
We will not agree to continue the November 20, 2020 case management
conference at this time. In particular, we have concerns about ESI retention
and protocols in this case for which the Local Rules contemplate a specific
meet and confer, and stipulation.
We also believe that such stipulation should commit your clients not to
apply amended Section 3.2 of Facebook's Terms of Service (effective October
1, 2020) to Children's Health Defense during the pendency of this litigation,
for reasons we can discuss at the ESI-meet and confer.
I look forward to discussing this matter with you at 11:30am today.
best,
Roger Teich
---------- Original Message ----------
From: "Mehta, Sonal" <Sonal.Mehta@wilmerhale.com>
To: "rteich@juno.com" <rteich@juno.com>, "clocicero@tlolawfirm.com"
<clocicero@tlolawfirm.com>
Cc: "kvick@jassyvick.com" <kvick@jassyvick.com>,
"mary.holland@childrenshealthdefense.org" <mary.holland@childrenshealthdefense.org>,
"Holtzblatt, Ari" <Ari.Holtzblatt@wilmerhale.com>, "Jennings, Molly"
<Molly.Jennings@wilmerhale.com>, "Schultz, Allison" <Allison.Schultz@wilmerhale.com>
Subject: RE: CHD v. Facebook, et al.
Date: Tue, 8 Sep 2020 22:23:12 +0000
Roger,
Attached, please find the stipulations we discussed last Friday, extending the deadline
responses to the complaint to October 23, and setting a further briefing schedule including a
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 5 of 20
deadline of January 7, 2021, for defendants’ replies. (The local rules treat motions for
extensions of time to respond to a complaint differently from other extensions, so we have to
file two separate stipulations). We would like to get these on file today and appreciate your
confirmation that we have permission to sign for you.
Also, given that the motion(s) to dismiss won’t be fully briefed until January 2021, we have
proposed including a stipulation continuing the November 20 case management conference for
the time being.
We can join a call for 30 minutes at 11:30 am PT tomorrow. Speak with you then.
Best,
Sonal N. Mehta | WilmerHale
950 Page Mill Road
Palo Alto, CA 94304 USA
+1 650 600 5051 (t)
+1 650 858 6100 (f)
sonal.mehta@wilmerhale.com
From: rteich@juno.com <rteich@juno.com>
Sent: Friday, September 4, 2020 2:01 PM
To: clocicero@tlolawfirm.com
Cc: kvick@jassyvick.com; mary.holland@childrenshealthdefense.org; Mehta, Sonal
<Sonal.Mehta@wilmerhale.com>
Subject: RE: CHD v. Facebook, et al.
EXTERNAL SENDER
Hi All,
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 6 of 20
This will memorialize our phone call just now in which we agreed to a
schedule in which (1) your client defendants will file responses to the
Complaint by Friday, October 23, 2020; and (2) plaintiff will file its
opposition to any motion to dismiss by Monday, December 7, 2020, subject
to plaintiff's good cause for any further extension.
For our part, this agreement assumes that Sonal will also be representing
Mark Zuckerberg individually, and that his response and plaintiff's
responsive pleading (if any) will be governed by the stipulation. Please
confirm at your early convenience.
We think it would be useful to hold another conference call next week to
discuss a few early case management issues which are likely to arise. There
is also a separate issue concerning Facebook only which we wish to take up
with Sonal , perhaps at the end of the call.
How is Wednesday, September 9, at 11:30am PT/ 2:30 pm ET for a (no more
than) 30-minute discussion?
Here is dial-in we can use --
Dial-In Number: 515-603-3171
Access Code: 1045032#
Sincerely,
Roger Teich
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 7 of 20
1 SONAL N. MEHTA (SBN 222086) ROGER I. TEICH (SBN 147076)
Sonal.Mehta@wilmerhale.com rteich@juno.com
2 WILMER CUTLER PICKERING 290 Nevada Street
HALE AND DORR LLP San Francisco, California 94110
3 950 Page Mill Road Telephone: (415) 948-0045
Palo Alto, California 94304
4 Telephone: (650) 858-6000 ROBERT F. KENNEDY, JR.
Facsimile: (650) 858-6100 MARY HOLLAND
5 mary.holland@childrenshealthdefense.org
Attorney for Defendants Children’s Health Defense
6 FACEBOOK, INC. and 1227 North Peachtree Parkway, Suite 202
MARK ZUCKERBERG Peachtree City, GA 30269
7 Telephone: (917) 743-3868
(Subject to pro hac vice admission)
8 KEVIN L. VICK (SBN 220738)
kvick@jassyvick.com Attorneys for Plaintiff
9 JASSY VICK CAROLAN LLP CHILDREN’S HEALTH DEFENSE
800 Wilshire Blvd.
10 Suite 800
Los Angeles, California 90017
11 Telephone: (310) 870-7048
Facsimile: (310) 870-7010
12
Attorney for Defendants
13 THE POYNTER INSTITUTE FOR MEDIA
STUDIES, INC. and POLITIFACT
14
15
16
17
UNITED STATES DISTRICT COURT
18
NORTHERN DISTRICT OF CALIFORNIA
19
SAN FRANCISCO DIVISION
20
CHILDREN’S HEALTH DEFENSE,
21 Case No. 3:20-cv-05787-SI
Plaintiff,
22
CIVIL LOCAL RULE 6-2(A)
v.
23 STIPULATION
FACEBOOK, INC., ET AL.,
24
Defendants.
25
26
27
28
CASE NO.: 3:20-CV-05787-SI CIVIL LOCAL RULE 6-2(A) STIPULATION
Error! Unknown document property name.
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 8 of 20
1 Pursuant to Civil Local Rule 6-2(a), Defendants Facebook, Inc., Mark Zuckerberg, The
2 Poynter Institute for Media Studies, Inc., and PolitiFact (“Defendants”) and Plaintiff Children’s
3 Health Defense (“Plaintiff”), by and through their respective counsel, have consented to the
4 following enlargement of time to file Plaintiff’s Opposition to any Rule 12 motion or other response
5 to the Complaint:
6 1. Plaintiff’s Opposition to any Rule 12 motions or other responses filed by Defendants
7 shall be due December 21, 2020.
8 2. Defendants’ Replies to Plaintiff’s Opposition shall be due January 21, 2021.
9 Plaintiff filed the Complaint on August 17, 2020. (Dkt. 1). Plaintiff served the Complaint on
10 Defendant Facebook, Inc. on August 19, 2020 (Dkt. 16), and attempted service on Defendants The
11 Poynter Institute for Media Studies, Inc., and PolitiFact on August 19, 2020 and August 27, 2020,
12 respectively. A summons issued to Defendant Mark Zuckerberg on August 19, 2020. (Dkt. 7).
13 Defendants’ deadline to respond to the Complaint has been enlarged once by currently-filed
14 stipulation to October 23, 2020. 1
15 Good cause exists, and the parties’ stipulated request for an enlargement of time is
16 reasonable in light of the complicated subject matter of this case, the number of issues in dispute,
17 and the need to coordinate among multiple, separately represented defendants. The Complaint
18 includes four counts invoking complex issues of constitutional and statutory law. Moreover, the
19 Thanksgiving holiday falls within the time allotted for Plaintiff to prepare its Opposition, as do the
20 currently-scheduled case management conference and related filings, and the winter holidays fall
21 within the time allotted for Defendants to prepare their replies. This stipulated request is supported
22 by the accompanying Declaration of Sonal N. Mehta.
23 Pursuant to Civil Local Rule 6-2(a), Plaintiff and Defendants hereby request that the Court
24 enter an order allowing the enlargement of time and continuance set forth above.
25
26
27
1
Defendants reserve their rights to raise any jurisdictional, service-related, or venue-related
28 challenges in response to the Complaint, and this Stipulation does not waive any such rights.
-1-
CASE NO.: 3:20-CV-05787-SI CIVIL LOCAL RULE 6-2(A) STIPULATION
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 9 of 20
1
2 Dated: September 9, 2020 WILMER CUTLER PICKERING, HALE AND
DORR LLP
3
By: /s/ Sonal N. Mehta
4 SONAL N. MEHTA
5 Attorney for Defendants
Facebook, Inc. and Mark Zuckerberg
6
7
Dated: September 9, 2020 JASSY VICK CAROLAN LLP
8
By: /s/ Kevin L. Vick
9 KEVIN L. VICK
10 Attorney for Defendants
The Poynter Institute for Media Studies, Inc. and
11 PolitiFact
12
13 Dated: September 9, 2020 By: /s/ Roger I. Teich
ROGER I. TEICH
14
Attorney for Plaintiff
15 Children’s Health Defense
16
17
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-2-
CASE NO.: 3:20-CV-05787-SI CIVIL LOCAL RULE 6-2(A) STIPULATION
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 10 of 20
1
2 SIGNATURE ATTESTATION
3 I am the ECF User whose identification and password are being used to file the foregoing
4 Stipulation To Enlarge Time To Respond To Complaint. Pursuant to Civil Local Rule 5-1(i), I
5 hereby attest that the other signatures have concurred in this filing.
6 Dated: September 9, 2020 By: /s/ Sonal N. Mehta
Sonal N. Mehta
7
8
9
10 CERTIFICATE OF SERVICE
11 I hereby certify that on September 9, 2020, I electronically filed the above document with the
12 Clerk of the Court using CM/ECF which will send electronic notification of such filing to all
13 registered counsel.
14
15 Dated: September 9, 2020 By: /s/ Sonal N. Mehta
Sonal N. Mehta
16
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-3-
CASE NO.: 3:20-CV-05787-SI CIVIL LOCAL RULE 6-2(A) STIPULATION
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 11 of 20
1 SONAL N. MEHTA (SBN 222086) ROGER I. TEICH (SBN 147076)
Sonal.Mehta@wilmerhale.com rteich@juno.com
2 WILMER CUTLER PICKERING 290 Nevada Street
HALE AND DORR LLP San Francisco, California 94110
3 950 Page Mill Road Telephone: (415) 948-0045
Palo Alto, California 94304
4 Telephone: (650) 858-6000 ROBERT F. KENNEDY, JR.
Facsimile: (650) 858-6100 MARY HOLLAND
5 mary.holland@childrenshealthdefense.org
Attorney for Defendants Children’s Health Defense
6 FACEBOOK, INC. and 1227 North Peachtree Parkway, Suite 202
MARK ZUCKERBERG Peachtree City, GA 30269
7 Telephone: (917) 743-3868
(Subject to pro hac vice admission)
8 KEVIN L. VICK (SBN 220738)
kvick@jassyvick.com Attorneys for Plaintiff
9 JASSY VICK CAROLAN LLP CHILDREN’S HEALTH DEFENSE
800 Wilshire Blvd.
10 Suite 800
Los Angeles, California 90017
11 Telephone: (310) 870-7048
Facsimile: (310) 870-7010
12
Attorney for Defendants
13 THE POYNTER INSTITUTE FOR MEDIA
STUDIES, INC. and POLITIFACT
14
15
16
17 UNITED STATES DISTRICT COURT
18 NORTHERN DISTRICT OF CALIFORNIA
19 SAN FRANCISCO DIVISION
20 CHILDREN’S HEALTH DEFENSE,
Case No. 3:20-cv-05787-SI
21 Plaintiff,
22 STIPULATION TO ENLARGE TIME
v.
TO RESPOND TO COMPLAINT PER
23 FACEBOOK, INC., ET AL., L.R. 6-1(A)
24 Defendants.
25
26
27
28
CASE NO.: 3:20-CV-05787-SI STIPULATION TO ENLARGE TIME TO RESPOND TO
COMPLAINT
Error! Unknown document property name.
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 12 of 20
1 Pursuant to Civil Local Rule 6-1(a), Defendants Facebook, Inc., Mark Zuckerberg,
2 PolitiFact, and The Poynter Institute for Media Studies, Inc. (“Defendants”) and Plaintiff Children’s
3 Health Defense (“Plaintiff”), by and through their respective counsel, hereby stipulate as follows:
4 WHEREAS, Plaintiff filed the Complaint (Dkt. 1) on August 17, 2020;
5 WHEREAS, Plaintiff served the Complaint on Defendant Facebook, Inc. on August 19,
6 2020. (Dkt. 16). A summons also issued to Mark Zuckerberg on August 19, 2020. (Dkt. 7).
7 Service was also attempted on The Poynter Institute for Media Studies on August 19, 2020, and on
8 PolitiFact on August 27, 2020. 1
9 WHEREAS, Defendant Facebook, Inc.’s response to the Complaint is currently due
10 September 9, 2020. Assuming Mr. Zuckerberg was served the same day as Facebook, and barring
11 any service defects, Defendant Mr. Zuckerberg’s response to the Complaint would also be due on
12 September 9, 2020. Barring any service defects, Defendants The Poynter Institute for Media
13 Studies, Inc.’s and PolitiFact’s response to the Complaint would be due on September 9, 2020 and
14 September 17, 2020.
15 WHEREAS, these Defendants only recently retained present counsel to represent them in
16 this action.
17 WHEREAS, Defendants have asked for, and Plaintiff has consented to, an extension of time
18 for Defendants to answer, move, or otherwise respond to the Complaint, up to and including October
19 23, 2020. This represents a 44-day extension with respect to Defendants Facebook, Inc., Mark
20 Zuckerberg, and The Poynter Institute for Media Studies, Inc., and a 36-day extension with respect
21 to Defendant PolitiFact.
22 WHEREAS, the parties also wish to align the response dates and briefing schedule for
23 Defendants Facebook, Inc., Mark Zuckerberg, The Poynter Institute for Media Studies, Inc., and
24 PolitiFact.
25 WHEREAS, this is the first extension of time in this matter and will not affect any other date
26 already set by Court order.
27
1
Defendants reserve their rights to raise any jurisdictional, service-related, or venue-related
28 challenges in response to the Complaint, and this Stipulation does not waive any such rights.
-1-
CASE NO.: 3:20-CV-05787-SI STIPULATION TO ENLARGE TIME TO RESPOND TO COMPLAINT
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 13 of 20
1 IT IS HEREBY STIPULATED AND AGREED by Plaintiff and Defendants, pursuant to
2 Civil Local Rule 6-1(a), to enlarge the time for Defendants to answer, move, or otherwise respond to
3 the Complaint up to and including October 23, 2020.
4
5 Dated: September 9, 2020 WILMER CUTLER PICKERING, HALE AND
DORR LLP
6
By: /s/ Sonal N. Mehta
7 SONAL N. MEHTA
8 Attorney for Defendants
Facebook, Inc. and Mark Zuckerberg
9
10
11 Dated: September 9, 2020 JASSY VICK CAROLAN LLP
12 By: /s/ Kevin L. Vick
KEVIN L. VICK
13
Attorney for Defendants
14 The Poynter Institute for Media Studies, Inc, and
PolitiFact
15
16
Dated: September 9, 2020 By: /s/ Roger Ian Teich
17 ROGER IAN TEICH
18 Attorney for Plaintiff
Children’s Health Defense
19
20
21
22
23
24
25
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28
-2-
CASE NO.: 3:20-CV-05787-SI STIPULATION TO ENLARGE TIME TO RESPOND TO COMPLAINT
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 14 of 20
1
SIGNATURE ATTESTATION
2
I am the ECF User whose identification and password are being used to file the foregoing
3
Stipulation To Enlarge Time To Respond To Complaint. Pursuant to Civil Local Rule 5-1(i), I
4
hereby attest that the other signatures have concurred in this filing.
5
Dated: September 9, 2020 By: /s/ Sonal N. Mehta
6 Sonal N. Mehta
7
8
9
CERTIFICATE OF SERVICE
10
I hereby certify that on September 9, 2020, I electronically filed the above document with the
11
Clerk of the Court using CM/ECF which will send electronic notification of such filing to all
12
registered counsel.
13
14
Dated: September 9, 2020 By: /s/ Sonal N. Mehta
15 Sonal N. Mehta
16
17
18
19
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-3-
CASE NO.: 3:20-CV-05787-SI STIPULATION TO ENLARGE TIME TO RESPOND TO COMPLAINT
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 15 of 20
1 SONAL N. MEHTA (SBN 222086) ROGER I. TEICH (SBN 147076)
Sonal.Mehta@wilmerhale.com rteich@juno.com
2 WILMER CUTLER PICKERING 290 Nevada Street
HALE AND DORR LLP San Francisco, California 94110
3 950 Page Mill Road Telephone: (415) 948-0045
Palo Alto, California 94304
4 Telephone: (650) 858-6000 ROBERT F. KENNEDY, JR.
Facsimile: (650) 858-6100 MARY HOLLAND
5 mary.holland@childrenshealthdefense.org
Attorney for Defendants Children’s Health Defense
6 FACEBOOK, INC. and 1227 North Peachtree Parkway, Suite 202
MARK ZUCKERBERG Peachtree City, GA 30269
7 Telephone: (917) 743-3868
(Subject to pro hac vice admission)
8 KEVIN L. VICK (SBN 220738)
kvick@jassyvick.com Attorneys for Plaintiff
9 JASSY VICK CAROLAN LLP CHILDREN’S HEALTH DEFENSE
800 Wilshire Blvd.
10 Suite 800
Los Angeles, California 90017
11 Telephone: (310) 870-7048
Facsimile: (310) 870-7010
12
Attorney for Defendants
13 THE POYNTER INSTITUTE FOR MEDIA
STUDIES, INC. and POLITIFACT
14
15
16
17
UNITED STATES DISTRICT COURT
18
NORTHERN DISTRICT OF CALIFORNIA
19
SAN FRANCISCO DIVISION
20
CHILDREN’S HEALTH DEFENSE,
21 Case No. 3:20-cv-05787-SI
Plaintiff,
22
[PROPOSED] ORDER ON CIVIL
v.
23 LOCAL RULE 6-2(A) STIPULATION
FACEBOOK, INC., ET AL.,
24
Defendants.
25
26
27
28
CASE NO.: 3:20-CV-05787-SI [PROPOSED] ORDER ON CIVIL LOCAL RULE 6-2(A)
STIPULATION
Error! Unknown document property name.
Case 3:20-cv-05787-SI Document 43-7 Filed 09/24/20 Page 16 of 20
1 [PROPOSED] ORDER
2 PURSUANT TO STIPULATION, IT IS SO ORDERED that:
3 1. Plaintiff’s Oppositions to any Rule 12 motions or other responses to the Complaint filed by
4 Defendants Facebook, Inc., Mark Zuckerberg, The Poynter Institute for Media Studies, Inc.,
5 and/or PolitiFact shall be due December 21, 2020.
6 2. Defendants’ Replies in support of any such Rule 12 motions shall be due January 21, 2021.
7
8
9 Dated: _______________________
10
11 _____________________________
12 By: Hon. Susan Illston
United States District Judge
13
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CASE NO.: 3:20-CV-05787-SI [PROPOSED] ORDER ON CIVIL LOCAL RULE 6-2(A)
STIPULATION
Case
Case 3:20-cv-05787-SIDocument
3:20-cv-05787-SI Document 14 Filed
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08/27/20 Page
Page 1
17ofof120
1
2
3
4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
6
7 CHILDREN'S HEALTH DEFENSE, Case No. 20-cv-05787-SK
Plaintiff,
8
ORDER REASSIGNING CASE
v.
9
10 FACEBOOK INC., et al.,
Defendants.
11
12
United States District Court
13 IT IS ORDERED that this case has been reassigned using a proportionate, random and
14 blind system pursuant to General Order No. 44 to the Honorable Susan Illston in the San Francisco
15 division for all further proceedings. Counsel are instructed that all future filings shall bear the
Northern District of California
16 initials SI immediately after the case number.
17 All hearing and trial dates presently scheduled are vacated. However, existing briefing
18 schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge
19 to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior
20 briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also
21 remain unchanged.
22 Dated: August 27, 2020
23
24
Susan Y. Soong
25 Clerk, United States District Court
26
27
28 A true and correct copy of this order has been served by mail upon any pro se parties.
Case
Case 3:20-cv-05787-SIDocument
3:20-cv-05787-SI Document 15 Filed
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Page 1
18ofof320
1
2
3
4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
6
Children's Health Defense,
7 Case No. 20-cv-05787-SI (SI)
Plaintiffs,
8
v. INITIAL CASE MANAGEMENT
9 GUIDLINE AND CLERK'S NOTICE
Facebook Inc., et al.,
10
Defendants.
11
12 IT IS HEREBY ORDERED that, pursuant to Rule 16(b), Federal Rules of Civil Procedure,
13 and Civil L.R. 16-10, a Case Management Conference will be held in this case before the
14 Honorable Susan Illston on November 20, 2020 at 2:30 p.m. in Courtroom No. 1, 17th floor
15 Federal Building.
16 Plaintiff(s) shall serve copies of this Order at once on all parties to this action, and on any
17 parties subsequently joined, in accordance with the provisions of Fed.R.Civ.P. 4 and 5.
18 Following service, plaintiff(s) shall file certificate of service with the Clerk of this Court.
19 Counsel are directed to confer in advance of the Case Management Conference. Not less
20 than seven days before the conference, counsel shall file a joint case management statement in
21 compliance with the Civil Local Rules and the Standing Order for All Judges of the Northern
22 District of California. Failure to file a joint statement shall be accompanied by a signed
23 declaration setting forth the grounds for such failure. Failure to show good cause for such failure
24 may subject the parties to sanctions.
25 Each party shall be represented at the Case Management Conference by counsel prepared
26 to address all of the matters referred to in this Order, and with authority to enter stipulations and
27 make admissions pursuant to this Order. The parties are encouraged to attend.
28
Case
Case 3:20-cv-05787-SIDocument
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Any request to reschedule the above dates should be made in writing, and by stipulation, if
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possible, not less than ten days before the conference date. Good cause must be shown.
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At the case management conference the parties should be prepared to address and resolve
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the following: setting the date and the estimated length of the trial; setting the date for discovery
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cutoff; setting the date to designate experts and other witnesses; and setting the date for the pretrial
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conference.
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Standing Orders: All parties shall comply with the Standing Order for All Judges of the
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Northern District of California concerning the contents of the joint case management conference
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statement and Judge Illston’s Standing Order.
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Failure to comply with this Order or the Local Rules of this Court may result in sanctions.
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See Fed.R.Civ.P. 16(f), Civil L.R. 1-4.
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NOTICE TO PRO SE LITIGANTS IN NON-PRISONER ACTIONS:
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If you are proceeding in this lawsuit without an attorney, and have not been granted leave
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to proceed in forma pauperis, then the following directives apply to you in the prosecution of your
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case.
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The court hereby ORDERS you to comply with the service requirements of Rule 4 of the
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Federal Rules of Civil Procedure as set forth below. Failure to follow the procedures set forth in
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this order may result, under Rule 4 (m), in dismissal of your case.
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It is your responsibility to obtain a valid summons from the clerk and to effect service of
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the summons and complaint on all defendants in accordance with Rule 4 of the Federal Rules of
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Civil Procedure. If you have named the United States government, a federal agency, a federal
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official or a federal employee as a defendant, you must comply with the special requirements of
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Rule 4 (i).
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Case
Case 3:20-cv-05787-SIDocument
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Service may be effected by any person who is not a party and who is at least 18 years of
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age, which means that you, as a party, may not effect service. If service of the summons and
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complaint is not made upon a defendant within 120 days after the filing of the complaint, your
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action will, under Rule 4 (m), be dismissed as to that defendant.
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Within 125 days after the filing of the complaint, you must file proof of service indicating
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which defendants were served within the 120 days allowed under Rule 4 (m) and showing, in
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accordance with Rule 4 (i), how each of those defendants was served (for example, by attaching
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appropriate certificates of service). You must also show cause why a defendant not served within
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the 120 days allowed under Rule 4 (m) should not be dismissed without prejudice.
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Failure to do these things within the designated time will result in the dismissal of your
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case under Rule 4 (m) and Rule 41 (b).
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For additional information on procedures for litigating in Federal Court, pro se litigants are
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encouraged to contact the Court’s Legal Help Center 415-782-8982 or sign up for an appointment
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with the Center at 450 Golden Gate Avenue, 15th Floor, Room 2796, San Francisco, CA 94102.
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Dated: August 27, 2020
17 Susan Y. Soong
Clerk, United States District Court
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20 By: ________________________
Teddy Van Ness, Deputy Clerk to the
21 Honorable SUSAN ILLSTON
415-522-2028
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