Statement of Recent Decision
- Date
- 2021-06-07
Summary
Plaintiff's Request for Leave to File Statement of Recent Decision 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, dated May 11, 2021 and filed June 7, 2021 as Document 102. Citing Civil Local Rule 7-3(d)(2) and 7-11, Children's Health Defense asks permission to file a statement concerning the Court's order in United States v. Lonich, Case No. 17-cr-00139 SI, of April 28, 2021, amended May 5, 2021. The request quotes that order's statement on uncertainty about vaccine protection and argues it is relevant to the pending motions to dismiss and to its constitutional claims under 28 U.S.C. § 1331. It argues the filing is timely because the quoted portion was reaffirmed on May 5, 2021, and is signed by counsel for Plaintiff.
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Case 3:20-cv-05787-SI Document 102 Filed 06/07/21 Page 1 of 3
1 ROGER I. TEICH
California State Bar No. 147076
2 290 Nevada Street ISTRIC
San Francisco, CA 94110 TES D TC
3 Telephone: (415) 948-0045 TA
RT
E-Mail Address: rteich@juno.com S
UNIT
4 U
O
D
ED
ROBERT F. KENNEDY, JR.
5 MARY HOLLAND DENIE
Children’s Health Defense
6 1227 North Peachtree Parkway, Suite 202 R NIA
Peachtree City, GA 30269 on
NO usan Illst
7 Telephone: (917) 743-3868 Judge S FO
E-Mail Address: mary.holland@childrenshealthdefense.org
8 RT LI
H ER Date: 6/7/2021 A
Attorneys for Plaintiff
N C
9 CHILDREN’S HEALTH DEFENSE D IS T IC T OF
R
10 UNITED STATES DISTRICT COURT
11 NORTHERN DISTRICT OF CALIFORNIA
12 SAN FRANCISCO DIVISION
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CHILDREN’S HEALTH DEFENSE,
14 Case No. 3:20-cv-05787-SI
Plaintiff,
15 PLAINTIFF’S REQUEST
FOR LEAVE TO FILE STATEMENT
16 v. OF RECENT DECISION
17 FACEBOOK, INC., et al.,
18 Civil L.R. 7-3(d)(2), 7-11
Defendants.
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Plaintiff’s Request for Leave to File
Statement of Recent Decision
CHD v. Facebook et al.; Case No. 3:20-cv-05787-SI
Case 3:20-cv-05787-SI Document 102 Filed 06/07/21 Page 2 of 3
1 REQUEST FOR LEAVE TO FILE
2 STATEMENT OF RECENT DECISION
3 Pursuant to Civil Local Rule 7-3(d)(2) and 7-11, Plaintiff Children’s Health Defense (“CHD”)
4 respectfully requests the Court’s permission to file the Statement of Recent Decision submitted
5 herewith. The Statement of Recent Decision relates to an Order issued by this Court in United States v.
6 Lonich, 2021 U.S. Dist. LEXIS 81562, Case No. 17-cr-00139 SI (N.D. Cal. April 28, 2021), amended on
7 other grounds on May 5, 2021 (Dkt. #482).
8 In Lonich, this Court stated that “uncertainty still surrounds the degree and duration of protection
9 vaccines provide against the [COVID-19] virus or its mutations.” Id. at *7. CHD cannot post this simple,
10 truthful statement on its Facebook page because Facebook’s “COVID-19 and Vaccine Policy Updates &
11 Protections” prohibits posting any “claims that COVID-19 vaccines are not effective in preventing
12 COVID-19.” https://www.facebook.com/help/230764881494641.1 If Facebook decided that policy on its
13 own, it may be cause to lament an unwise use of private corporate power. But if, as plausibly alleged,
14 the Centers for Disease Control and Prevention (“CDC”) acted in concert with Facebook to decide that
15 policy, it is cause to lament the curtailment of the First Amendment, and for this Court to permit CHD’s
16 constitutional claims to proceed under 28 U.S.C. § 1331. Thus, this Order is relevant to the motions to
17 dismiss currently pending before this Court.
18 On April 30, 2021, the United States moved for reconsideration of the Court’s release order,
19 partly on the ground that “[a]ccording to the CDC, ‘[a]ll COVID-19 vaccines currently available in the
20 United States have been shown to be safe and effective at preventing COVID-19.’”2 (Dkt. #476 at 2.)
21 Plaintiff submits there is good cause for this Court to accept Plaintiff’s Statement of Recent Decision as
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As explained in Plaintiff’s concurrently-filed Request for Judicial Notice, the Court may take
23 judicial notice of the existence and content of this website. See Threshold Enters. Ltd. v. Pressed
24 Juicery, Inc., 445 F. Supp. 3d 139, 146 (N.D. Cal. 2020). It cannot reasonably be disputed that Facebook
made the quoted statement as that fact can be readily determined from sources whose accuracy cannot
25 reasonably be disputed. See id. at 145.
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The United States’ statement that COVID vaccines are “safe and effective” is explicitly
contravened by federal law. As Emergency Use Authorization products only, the Food and Drug
27 Administration has merely determined that COVID vaccines “may be effective in diagnosing, treating,
or preventing – (i) such disease or condition.” 21 U.S.C. § 360bbb-3(C)(2)(A)(i).
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Plaintiff’s Request for Leave to File
Statement of Recent Decision
CHD v. Facebook et al.; Case No. 3:20-cv-05787-SI
Case 3:20-cv-05787-SI Document 102 Filed 06/07/21 Page 3 of 3
1 timely-submitted under Civil L.R. 7-3(d)(2), because this Court did not reaffirm the quoted portion of its
2 April 28 order until May 5, 2021, which was the date of the noticed hearing in this action.
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4 Dated: May 11, 2021 Respectfully submitted,
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7 ROBERT F. KENNEDY, JR.
Founder and Chairman, Children’s Health Defense
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MARY S. HOLLAND
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General Counsel, Children’s Health Defense
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ROGER I. TEICH
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14 Counsel for Plaintiff
Children’s Health Defense
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Plaintiff’s Request for Leave to File
Statement of Recent Decision
CHD v. Facebook et al.; Case No. 3:20-cv-05787-SI
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