Chd v. Facebook Et Al
- Date
- 2020-09-24
Summary
Exhibit B to Document 43-3, filed September 24, 2020 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 exchange between counsel agreeing a briefing schedule, then reproduces two stipulations under Civil Local Rule 6-1(a) and Civil Local Rule 6-2(a). The first enlarges the time for defendants Facebook, Inc., Mark Zuckerberg, The Poynter Institute and PolitiFact to respond to the complaint to October 23, 2020. The second sets the plaintiff's opposition to any Rule 12 motion for December 7, 2020 and replies for January 7, 2021, and asks that the case management conference set for November 20, 2020 be continued. The 16-page exhibit also carries a declaration of defense counsel, signature attestations, certificates of service and a proposed order.
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Case 3:20-cv-05787-SI Document 43-3 Filed 09/24/20 Page 1 of 16
Exhibit B
Case 3:20-cv-05787-SI Document 43-3 Filed 09/24/20 Page 2 of 16
From: Mehta, Sonal
To: rteich@juno.com; clocicero@tlolawfirm.com
Cc: kvick@jassyvick.com; mary.holland@childrenshealthdefense.org; Holtzblatt, Ari; Jennings, Molly; Schultz, Allison
Subject: RE: CHD v. Facebook, et al.
Date: Tuesday, September 8, 2020 3:23:13 PM
Attachments: CHD CLR 6-1 Stipulation - revised_(181763211)_(4).DOCX
CHD CLR 6-2 Stipulation - revised_(181767465)_(3).DOCX
CHD CLR 6-2 Stipulation Decl - revised_(181763360)_(3).DOCX
CHD CLR 6-2 Stipulation Proposed Order - revised_(181763212)_(3).DOCX
3bclean-control.bin
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
+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 43-3 Filed 09/24/20 Page 3 of 16
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 43-3 Filed 09/24/20 Page 4 of 16
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 Attorney for Plaintiff
Facsimile: (650) 858-6100 CHILDREN’S HEALTH DEFENSE
5
Attorney for Defendants
6 FACEBOOK, INC. and
MARK ZUCKERBERG
7
8 KEVIN L. VICK (SBN 220738)
kvick@jassyvick.com
9 JASSY VICK CAROLAN LLP
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 UNITED STATES DISTRICT COURT
16 NORTHERN DISTRICT OF CALIFORNIA
17 SAN FRANCISCO DIVISION
18 CHILDREN’S HEALTH DEFENSE,
Case No. 3:20-cv-05787-SI
19 Plaintiff,
20 STIPULATION TO ENLARGE TIME
v.
TO RESPOND TO COMPLAINT PER
21 FACEBOOK, INC., ET AL., L.R. 6-1(A)
22 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 43-3 Filed 09/24/20 Page 5 of 16
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). Service was also attempted on The Poynter Institute for Media Studies on August 19, 2020,
7 and on PolitiFact on August 27, 2020. A summons issued to Mark Zuckerberg on August 19, 2020
8 (Dkt. 7), but no proof of service as to Mr. Zuckerberg has been filed to date.
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, the parties wish to align the response dates for Defendants Facebook, Inc., Mark
15 Zuckerberg, The Poynter Institute for Media Studies, Inc., and PolitiFact.
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, this is the first extension of time in this matter and will not affect any other date
22 already set by Court order.
23 IT IS HEREBY STIPULATED AND AGREED by Plaintiff and Defendants, pursuant to
24 Civil Local Rule 6-1(a), to enlarge the time for Defendants to answer, move, or otherwise respond to
25 the Complaint up to and including October 23, 2020. 1
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Defendants reserve their rights to raise any jurisdictional challenges in response to the Complaint,
28 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 43-3 Filed 09/24/20 Page 6 of 16
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2 Dated: September 8, 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
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8 Dated: September 8, 2020 JASSY VICK CAROLAN LLP
9 By: /s/ Kevin L. Vick
KEVIN L. VICK
10
Attorney for Defendants
11 The Poynter Institute for Media Studies, Inc, and
PolitiFact
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Dated: September 8, 2020 By: /s/ Roger Ian Teich
14 ROGER IAN TEICH
15 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 43-3 Filed 09/24/20 Page 7 of 16
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 8, 2020 By: /s/ Sonal N. Mehta
Sonal N. Mehta
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7
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9 CERTIFICATE OF SERVICE
10 I hereby certify that on September 8, 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.
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14 Dated: September 8, 2020 By: /s/ Sonal N. Mehta
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 43-3 Filed 09/24/20 Page 8 of 16
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 Attorney for Plaintiff
Facsimile: (650) 858-6100 CHILDREN’S HEALTH DEFENSE
5
Attorney for Defendants
6 FACEBOOK, INC. and
MARK ZUCKERBERG
7
KEVIN L. VICK (SBN 220738)
8 kvick@jassyvick.com
JASSY VICK CAROLAN LLP
9 800 Wilshire Blvd.
Suite 800
10 Los Angeles, California 90017
Telephone: (310) 870-7048
11 Facsimile: (310) 870-7010
12 Attorney for Defendants
THE POYNTER INSTITUTE FOR MEDIA
13 STUDIES, INC. and POLITIFACT
14
15 UNITED STATES DISTRICT COURT
16 NORTHERN DISTRICT OF CALIFORNIA
17 SAN FRANCISCO DIVISION
18 CHILDREN’S HEALTH DEFENSE,
Case No. 3:20-cv-05787-SI
19 Plaintiff,
20 CIVIL LOCAL RULE 6-2(A)
v.
STIPULATION
21 FACEBOOK, INC., ET AL.,
22 Defendants.
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CASE NO.: 3:20-CV-05787-SI
CIVIL LOCAL RULE 6-2(A) STIPULATION
ActiveUS!176878693.1
Case 3:20-cv-05787-SI Document 43-3 Filed 09/24/20 Page 9 of 16
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:
5 1. Plaintiff’s Opposition to any Rule 12 motions filed by Defendants shall be due
6 December 7, 2020.
7 2. Defendants’ Replies to Plaintiff’s Opposition shall be due January 7, 2021.
8 3. Because the requested enlargements will cause Plaintiff’s Opposition and Defendants’
9 Replies to be filed after the case management conference currently scheduled for
10 November 20, 2020, the parties also request that the case management conference be
11 continued until after the Court decides any Rule 12 motion filed by Defendants.
12 Plaintiff filed the Complaint on August 17, 2020. (Dkt. 1). Plaintiff served the Complaint on
13 Defendant Facebook, Inc. on August 19, 2020 (Dkt. 16), and attempted service on Defendants The
14 Poynter Institute for Media Studies, Inc., and PolitiFact on August 19, 2020 and August 27, 2020,
15 respectively. A summons issued to Defendant Mark Zuckerberg on August 19, 2020 (Dkt. 7), but the
16 docket does not currently reflect proof of service on Mr. Zuckerberg. Defendants’ deadline to respond
17 to the Complaint has been enlarged once by stipulation to October 23, 2020.
18 Good cause exists, and the parties’ stipulated request for an enlargement of time is reasonable
19 in light of the complicated subject matter of this case, the number of issues in dispute, and the need to
20 coordinate among multiple, separately represented defendants. The Complaint includes four counts
21 invoking complex issues of constitutional and statutory law. Moreover, the Thanksgiving holiday falls
22 within the time allotted for Plaintiff to prepare its Opposition, and the winter holidays fall within the
23 time allotted for Defendants to prepare their replies. This stipulated request is supported by the
24 accompanying Declaration of Sonal N. Mehta.
25 Pursuant to Civil Local Rule 6-2(a), Plaintiff and Defendants hereby request that the Court
26 enter an order allowing the enlargement of time and continuance set forth above.
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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 43-3 Filed 09/24/20 Page 10 of 16
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2 Dated: September 8, 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 8, 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
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13 Dated: September 8, 2020 By: /s/ Roger I. Teich
ROGER I. TEICH
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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 43-3 Filed 09/24/20 Page 11 of 16
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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 8, 2020 By: /s/ Sonal N. Mehta
Sonal N. Mehta
7
8
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10 CERTIFICATE OF SERVICE
11 I hereby certify that on September 8, 2020, I electronically filed the above document with
12 the Clerk of the Court using CM/ECF which will send electronic notification of such filing to all
13 registered counsel.
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15 Dated: September 8, 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 43-3 Filed 09/24/20 Page 12 of 16
1 SONAL N. MEHTA (SBN 222086)
Sonal.Mehta@wilmerhale.com
2 WILMER CUTLER PICKERING
HALE AND DORR LLP
3 950 Page Mill Road
Palo Alto, California 94304
4 Telephone: (650) 858-6000
Facsimile: (650) 858-6100
5
Attorney for Defendants
6 FACEBOOK, INC. and
MARK ZUCKERBERG
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN FRANCISCO DIVISION
11
CHILDREN’S HEALTH DEFENSE,
12 Case No. 3:20-cv-05787-SI
Plaintiff,
13
DECLARATION OF SONAL N.
v.
14 MEHTA IN SUPPORT OF CIVIL
FACEBOOK, INC., ET AL., LOCAL RULE 6-2(A) STIPULATION
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Defendants.
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CASE NO.: 3:20-CV-05787-SI
DECLARATION OF SONAL N. MEHTA IN SUPPORT
OF CIVIL LOCAL RULE 6-2(A) STIPULATION
ActiveUS!176878693.1
Case 3:20-cv-05787-SI Document 43-3 Filed 09/24/20 Page 13 of 16
1 I, Sonal N. Mehta, declare as follows:
2 1. I am a partner at Wilmer Cutler Pickering Hale and Dorr LLP. I represent Defendants
3 Facebook, Inc. and Mark Zuckerberg in the above-captioned action.
4 2. Defendants Facebook, Inc., Mark Zuckerberg, The Poynter Institute for Media
5 Studies, Inc. and PolitiFact have sought an enlargement of time to respond to Plaintiff’s Complaint.
6 3. Plaintiff requested, and the parties have agreed to, subject to the Court’s approval, an
7 enlargement of time for Plaintiff to respond to any Rule 12 motions filed by Defendants up to and
8 including December 7, 2020, and for Defendants to file their replies in support of any Rule 12
9 motions to January 7, 2021.
10 4. The parties are requesting the Court allow this proposed enlargement of time because
11 of the complicated subject matter of this case, the number of issues in dispute, and the need to
12 coordinate among multiple, separately represented defendants. The Complaint includes several
13 alleged constitutional and statutory violations. This proposed schedule will allow the parties
14 adequate time to study the issues and submit briefing that will aid the Court in its resolution of any
15 Rule 12 motion.
16 5. Moreover, the Thanksgiving holiday falls within the time allotted for Plaintiff to
17 prepare its opposition brief, and the winter holidays fall within the time allotted for Defendants to
18 prepare their replies.
19 6. The time for Defendants to answer, move, or otherwise respond to the complaint has
20 been enlarged once by stipulation filed concurrently herewith, from September 9 to October 23,
21 2020 for Defendants Facebook, Inc., Mark Zuckerberg, and The Poynter Institute for Media Studies,
22 Inc., and from September 17 to October 23, 2020 for Defendant PolitiFact.
23 7. This request will cause Plaintiff’s opposition and Defendants’ replies to be filed after
24 the case management conference currently scheduled for November 20, 2020. (Dkt. 15).
25 Accordingly, the parties request that the case management conference be continued until after the
26 Court decides any Rule 12 motions filed by Defendants.
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CASE NO.: 3:20-CV-05787-SI
DECLARATION OF SONAL N. MEHTA IN SUPPORT
OF CIVIL LOCAL RULE 6-2(A) STIPULATION
Case 3:20-cv-05787-SI Document 43-3 Filed 09/24/20 Page 14 of 16
1 I declare under penalty of perjury that the foregoing is true and correct.
2 Executed on this 8th day of September 2020 in Redwood City, California.
3
4 By: /s/ Sonal N. Mehta
Sonal N. Mehta
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CASE NO.: 5:20-CV-00363-BLF
[PROPOSED] ORDER ON CIVIL LOCAL RULE 6-2(A)
STIPULATION
Case 3:20-cv-05787-SI Document 43-3 Filed 09/24/20 Page 15 of 16
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
Facsimile: (650) 858-6100
5
Attorney for Defendants
6 FACEBOOK, INC. and
MARK ZUCKERBERG
7
8 KEVIN L. VICK (SBN 220738)
kvick@jassyvick.com
9 JASSY VICK CAROLAN LLP
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.
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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 43-3 Filed 09/24/20 Page 16 of 16
1 [PROPOSED] ORDER
2 PURSUANT TO STIPULATION, IT IS SO ORDERED that:
3 1. Plaintiff’s Opposition to any Rule 12 motions filed by Defendants Facebook, Inc., Mark
4 Zuckerberg, The Poynter Institute for Media Studies, Inc., and/or PolitiFact shall be due
5 December 7, 2020.
6 2. Defendants’ Replies in support of any such Rule 12 motions shall be due January 7, 2021.
7 3. The Case Management Conference currently scheduled for November 20, 2020 shall be
8 continued until after the Court decides any Rule 12 motions filed by Defendants.
9
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11 Dated: _______________________
12
13 _____________________________
14 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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