Chd v. Facebook Et Al
- Date
- 2020-09-24
Summary
Exhibit B, filed September 24, 2020 as Document 43-6 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 a September 2020 email chain between counsel for plaintiff Children's Health Defense and counsel for Facebook, Inc. and Mark Zuckerberg about response deadlines, revised stipulations and the November 20, 2020 case management conference. The attached drafts include a stipulation under Civil Local Rule 6-1(a) extending defendants' time to respond to the complaint to October 23, 2020, and a Civil Local Rule 6-2(a) stipulation setting plaintiff's opposition for December 21, 2020 and replies for January 21, 2021. The exhibit closes with a proposed order on the Rule 6-2(a) stipulation for signature by Judge Susan Illston.
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Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 1 of 25
Exhibit B
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 2 of 25
From: Holtzblatt, Ari
To: rteich@juno.com; Mehta, Sonal
Cc: 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 3:27:36 PM
Attachments: CHD 6.1 Stip Redline.docx
CHD 6.2 Stip Redline.docx
CHD CLR 6-2 Stipulation - 9.9.20 revised_(181767465)_(5).DOCX
CHD CLR 6-1 Stipulation - 9.9.20 revised_(181763211)_(6).DOCX
CHD CLR 6-2 Stipulation Proposed Order - 9.9.20 revised_(181763212)_(4).DOCX
CHD 6.2 Proposed Order Redline.docx
3bclean-control.bin
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
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
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 3 of 25
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 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
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 4 of 25
+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,
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,
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 5 of 25
Roger Teich
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 6 of 25
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.
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CASE NO.: 3:20-CV-05787-SI STIPULATION TO ENLARGE TIME TO RESPOND TO
COMPLAINT
ActiveUS!176878693.1
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 7 of 25
1 Pursuant to Civil Local Rule 6-1(a), Defendants Facebook, Inc., Mark Zuckerberg, PolitiFact,
2 and The Poynter Institute for Media Studies, Inc. (“Defendants”) and Plaintiff Children’s Health
3 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, 2020.
6 (Dkt. 16). A summons also issued to Mark Zuckerberg on August 19, 2020. (Dkt. 7). Service was
7 also attempted on The Poynter Institute for Media Studies on August 19, 2020, and on PolitiFact on
8 August 27, 2020. 1
9 WHEREAS, Defendant Facebook, Inc.’s response to the Complaint is currently due September
10 9, 2020. Assuming Mr. Zuckerberg was served the same day as Facebook, and barring any service
11 defects, Defendant Mr. Zuckerberg’s response to the Complaint would also be due on September 9,
12 2020. Barring any service defects, Defendants The Poynter Institute for Media Studies, Inc.’s and
13 PolitiFact’s response to the Complaint would be due on September 9, 2020 and September 17, 2020.
14 WHEREAS, these Defendants only recently retained present counsel to represent them in this
15 action.
16 WHEREAS, Defendants have asked for, and Plaintiff has consented to, an extension of time
17 for Defendants to answer, move, or otherwise respond to the Complaint, up to and including October
18 23, 2020. This represents a 44-day extension with respect to Defendants Facebook, Inc., Mark
19 Zuckerberg, and The Poynter Institute for Media Studies, Inc., and a 36-day extension with respect to
20 Defendant PolitiFact.
21 WHEREAS, the parties also wish to align the response dates and briefing schedule for
22 Defendants Facebook, Inc., Mark Zuckerberg, The Poynter Institute for Media Studies, Inc., and
23 PolitiFact.
24 WHEREAS, this is the first extension of time in this matter and will not affect any other date
25 already set by Court order.
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 STIPULATION TO ENLARGE TIME TO RESPOND TO COMPLAINT
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 8 of 25
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
3 to 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
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CASE NO.: 3:20-CV-05787-SI STIPULATION TO ENLARGE TIME TO RESPOND TO COMPLAINT
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 9 of 25
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
11
the 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
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CASE NO.: 3:20-CV-05787-SI STIPULATION TO ENLARGE TIME TO RESPOND TO COMPLAINT
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 10 of 25
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
Attorneys for Plaintiff
9 CHILDREN’S HEALTH DEFENSE
10 KEVIN L. VICK (SBN 220738)
kvick@jassyvick.com
11 JASSY VICK CAROLAN LLP
800 Wilshire Blvd.
12 Suite 800
Los Angeles, California 90017
13 Telephone: (310) 870-7048
Facsimile: (310) 870-7010
14
Attorney for Defendants
15 THE POYNTER INSTITUTE FOR MEDIA
STUDIES, INC. and POLITIFACT
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
ActiveUS!176878693.1
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 11 of 25
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 Health
3 Defense (“Plaintiff”), by and through their respective counsel, have consented to the following
4 enlargement of time to file Plaintiff’s Opposition to any Rule 12 motion or other response to the
5 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 stipulation
14 to October 23, 2020. 1
15 Good cause exists, and the parties’ stipulated request for an enlargement of time is reasonable
16 in light of the complicated subject matter of this case, the number of issues in dispute, and the need to
17 coordinate among multiple, separately represented defendants. The Complaint includes four counts
18 invoking complex issues of constitutional and statutory law. Moreover, the Thanksgiving holiday falls
19 within the time allotted for Plaintiff to prepare its Opposition, as do the currently-scheduled case
20 management conference and related filings, and the winter holidays fall within the time allotted for
21 Defendants to prepare their replies. This stipulated request is supported by the accompanying
22 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
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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 43-6 Filed 09/24/20 Page 12 of 25
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
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CASE NO.: 3:20-CV-05787-SI CIVIL LOCAL RULE 6-2(A) STIPULATION
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 13 of 25
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
Sonal N. Mehta
6
7
8
9 CERTIFICATE OF SERVICE
10 I hereby certify that on September 9, 2020, I electronically filed the above document with
11 the 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
Sonal N. Mehta
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CASE NO.: 3:20-CV-05787-SI CIVIL LOCAL RULE 6-2(A) STIPULATION
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 14 of 25
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
ActiveUS!176878693.1
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 15 of 25
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 Health
3 Defense (“Plaintiff”), by and through their respective counsel, have consented to the following
4 enlargement of time to file Plaintiff’s Opposition to any Rule 12 motion or other response to the
5 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 stipulation
14 to October 23, 2020. 1
15 Good cause exists, and the parties’ stipulated request for an enlargement of time is reasonable
16 in light of the complicated subject matter of this case, the number of issues in dispute, and the need to
17 coordinate among multiple, separately represented defendants. The Complaint includes four counts
18 invoking complex issues of constitutional and statutory law. Moreover, the Thanksgiving holiday falls
19 within the time allotted for Plaintiff to prepare its Opposition, as do the currently-scheduled case
20 management conference and related filings, and the winter holidays fall within the time allotted for
21 Defendants to prepare their replies. This stipulated request is supported by the accompanying
22 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 43-6 Filed 09/24/20 Page 16 of 25
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
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CASE NO.: 3:20-CV-05787-SI CIVIL LOCAL RULE 6-2(A) STIPULATION
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 17 of 25
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
Sonal N. Mehta
6
7
8
9 CERTIFICATE OF SERVICE
10 I hereby certify that on September 9, 2020, I electronically filed the above document with
11 the 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
Sonal N. Mehta
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CASE NO.: 3:20-CV-05787-SI CIVIL LOCAL RULE 6-2(A) STIPULATION
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 18 of 25
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
ActiveUS!176878693.1
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 19 of 25
1 Pursuant to Civil Local Rule 6-1(a), Defendants Facebook, Inc., Mark Zuckerberg, PolitiFact,
2 and The Poynter Institute for Media Studies, Inc. (“Defendants”) and Plaintiff Children’s Health
3 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, 2020.
6 (Dkt. 16). A summons also issued to Mark Zuckerberg on August 19, 2020. (Dkt. 7). Service was
7 also attempted on The Poynter Institute for Media Studies on August 19, 2020, and on PolitiFact on
8 August 27, 2020. 1
9 WHEREAS, Defendant Facebook, Inc.’s response to the Complaint is currently due September
10 9, 2020. Assuming Mr. Zuckerberg was served the same day as Facebook, and barring any service
11 defects, Defendant Mr. Zuckerberg’s response to the Complaint would also be due on September 9,
12 2020. Barring any service defects, Defendants The Poynter Institute for Media Studies, Inc.’s and
13 PolitiFact’s response to the Complaint would be due on September 9, 2020 and September 17, 2020.
14 WHEREAS, these Defendants only recently retained present counsel to represent them in this
15 action.
16 WHEREAS, Defendants have asked for, and Plaintiff has consented to, an extension of time
17 for Defendants to answer, move, or otherwise respond to the Complaint, up to and including October
18 23, 2020. This represents a 44-day extension with respect to Defendants Facebook, Inc., Mark
19 Zuckerberg, and The Poynter Institute for Media Studies, Inc., and a 36-day extension with respect to
20 Defendant PolitiFact.
21 WHEREAS, the parties also wish to align the response dates and briefing schedule for
22 Defendants Facebook, Inc., Mark Zuckerberg, The Poynter Institute for Media Studies, Inc., and
23 PolitiFact.
24 WHEREAS, this is the first extension of time in this matter and will not affect any other date
25 already set by Court order.
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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.
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CASE NO.: 3:20-CV-05787-SI STIPULATION TO ENLARGE TIME TO RESPOND TO COMPLAINT
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 20 of 25
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
3 to the Complaint up to and including October 23, 2020.
4
5 Dated: September 9, 2020 WILMER CUTLER PICKERING, HALE AND
DORR LLP
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By: /s/ Sonal N. Mehta
7 SONAL N. MEHTA
8 Attorney for Defendants
Facebook, Inc. and Mark Zuckerberg
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11 Dated: September 9, 2020 JASSY VICK CAROLAN LLP
12 By: /s/ Kevin L. Vick
KEVIN L. VICK
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Attorney for Defendants
14 The Poynter Institute for Media Studies, Inc, and
PolitiFact
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Dated: September 9, 2020 By: /s/ Roger Ian Teich
17 ROGER IAN TEICH
18 Attorney for Plaintiff
Children’s Health Defense
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CASE NO.: 3:20-CV-05787-SI STIPULATION TO ENLARGE TIME TO RESPOND TO COMPLAINT
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 21 of 25
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SIGNATURE ATTESTATION
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I am the ECF User whose identification and password are being used to file the foregoing
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Stipulation To Enlarge Time To Respond To Complaint. Pursuant to Civil Local Rule 5-1(i), I
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hereby attest that the other signatures have concurred in this filing.
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Dated: September 9, 2020 By: /s/ Sonal N. Mehta
6 Sonal N. Mehta
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CERTIFICATE OF SERVICE
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I hereby certify that on September 9, 2020, I electronically filed the above document with
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the Clerk of the Court using CM/ECF which will send electronic notification of such filing to all
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registered counsel.
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Dated: September 9, 2020 By: /s/ Sonal N. Mehta
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CASE NO.: 3:20-CV-05787-SI STIPULATION TO ENLARGE TIME TO RESPOND TO COMPLAINT
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 22 of 25
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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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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.,
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Defendants.
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CASE NO.: 3:20-CV-05787-SI [PROPOSED] ORDER ON CIVIL LOCAL RULE 6-2(A)
STIPULATION
ActiveUS!176878693.1
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 23 of 25
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.
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9 Dated: _______________________
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11 _____________________________
12 By: Hon. Susan Illston
United States District Judge
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CASE NO.: 3:20-CV-05787-SI [PROPOSED] ORDER ON CIVIL LOCAL RULE 6-2(A)
STIPULATION
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 24 of 25
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) Formatted: Font: Italic
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
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15
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UNITED STATES DISTRICT COURT
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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
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CASE NO.: 3:20-CV-05787-SI [PROPOSED] ORDER ON CIVIL LOCAL RULE 6-2(A)
STIPULATION
ActiveUS!176878693.1
Case 3:20-cv-05787-SI Document 43-6 Filed 09/24/20 Page 25 of 25
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 3.2.
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10 Dated: _______________________
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12 _____________________________
13 By: Hon. Susan Illston
United States District Judge
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CASE NO.: 3:20-CV-05787-SI [PROPOSED] ORDER ON CIVIL LOCAL RULE 6-2(A)
STIPULATION
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