Stipulation Regarding Briefing Schedule, Stay of Discovery, and Continuation of Initial Case Management Conference — Children's Health Defense v. Facebook, Inc. (Dkt. 62)
Summary
This is a stipulation under Civil Local Rule 7-12 in Children's Health Defense v. Facebook, Inc., et al., on the briefing schedule, a stay of discovery and continuation of the initial case management conference. The parties recite that plaintiff will file an Amended Complaint by November 13, 2020, and propose that defendants' motions to dismiss it be filed by December 21, 2020, oppositions by February 5, 2021, and replies after that, with a hearing on March 19, 2021, or a date thereafter convenient with the Court. They agree to stay all discovery until and unless the Court denies the motions to dismiss in whole or in part. It is dated November 6, 2020, with /s/ signatures for counsel on both sides.
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“Stipulation Regarding Briefing Schedule, Stay of Discovery, and Continuation of Initial Case Management Conference — Children's Health Defense v. Facebook, Inc. (Dkt. 62).”
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, SHA-256 1466378ebb19cc3a41d818188e4f699b8dd58ae0b45eb2e1a869a926bb4a5cde.Full text
Case 3:20-cv-05787-SI Document 62 Filed 11/06/20 Page 1 of 5
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 2600 El Camino Real, Suite 400 Telephone: (415) 948-0045
Palo Alto, California 94306
4 Telephone: (650) 858-6000 ROBERT F. KENNEDY, JR. (pro hac vice)
Facsimile: (650) 858-6100 MARY HOLLAND (pro hac vice)
5 mary.holland@childrenshealthdefense.org
ARI HOLTZBLATT (pro hac vice) Children’s Health Defense
6 Ari.Holtzblatt@wilmerhale.com 1227 North Peachtree Parkway, Suite 202
MOLLY M. JENNINGS (pro hac vice) Peachtree City, GA 30269
7 Molly.Jennings@wilmerhale.com Telephone: (917) 743-3868
ALLISON SCHULTZ (pro hac vice)
8 Allison.Schultz@wilmerhale.com Attorneys for Plaintiff
WILMER CUTLER PICKERING CHILDREN’S HEALTH DEFENSE
9 HALE AND DORR LLP
1875 Pennsylvania Ave, NW
10 Washington, DC 20006
Telephone: (202) 663-6000
11 Facsimile: (202) 663-6363
12 Attorneys for Defendants
FACEBOOK, INC. and
13 MARK ZUCKERBERG
14 ADDITIONAL COUNSEL LISTED ON
FOLLOWING PAGE
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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CHILDREN’S HEALTH DEFENSE,
19 Case No. 3:20-cv-05787-SI
Plaintiff,
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CIVIL LOCAL RULE 7-12
v.
21 STIPULATION REGARDING
FACEBOOK, INC., ET AL., BRIEFING SCHEDULE, STAY OF
22 DISCOVERY, AND CONTINUATION
Defendants. OF INITIAL CASE MANAGEMENT
23 CONFERENCE
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Hon. Susan Illston
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CASE NO.: 3:20-CV-05787-SI STIPULATION RE BRIEFING SCHEDULE,
STAY OF DISCOVERY, AND CONT. OF
INITIAL CMC
Case 3:20-cv-05787-SI Document 62 Filed 11/06/20 Page 2 of 5
1 KEVIN L. VICK (SBN 220738)
kvick@jassyvick.com
2 ELIZABETH HOLLAND BALDRIDGE (SBN 313390)
ebaldridge@jassyvick.com
3 JASSY VICK CAROLAN LLP
800 Wilshire Blvd.
4 Suite 800
Los Angeles, California 90017
5 Telephone: (310) 870-7048
Facsimile: (310) 870-7010
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CAROL JEAN LOCICERO (pro hac vice)
7 clocicero@tlolawfirm.com
MARK CARAMANICA (pro hac vice)
8 mcaramanica@tlolawfirm.com
THOMAS LOCICERO PL
9 601 South Boulevard
Tampa, Florida 33606
10 Telephone: (813) 984-3060
Facsimile: (813) 984-3070
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DANIELA B. ABRATT (pro hac vice)
12 dabratt@tlolawfirm.com
THOMAS LOCICERO PL
13 915 Middle River Drive, Suite 309
Fort Lauderdale, Florida 33304
14 Telephone: (954) 703-3418
Facsimile: (954) 400-5415
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Attorneys for Defendants
16 THE POYNTER INSTITUTE FOR MEDIA
STUDIES, INC.
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CASE NO.: 3:20-CV-05787-SI STIPULATION RE BRIEFING SCHEDULE, STAY OF
DISCOVERY AND CONT. OF INITIAL CMC
Case 3:20-cv-05787-SI Document 62 Filed 11/06/20 Page 3 of 5
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Pursuant to Civil Local Rule 7-12, Defendants Facebook, Inc., Mark Zuckerberg, and the Poynter
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Institute for Media Studies, Inc. (collectively “Defendants”) and Plaintiff Children’s Health Defense
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hereby stipulate and agree as follows:
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WHEREAS, Plaintiff filed the Complaint (Dkt. No. 1) on August 17, 2020;
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WHEREAS, Plaintiff served the Complaint on Defendant Facebook, Inc. on August 19, 2020
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(Dkt. No. 16), on Defendant Mark Zuckerberg on September 14, 2020 (Dkt. No. 35), and on
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Defendant the Poynter Institute for Media Studies, Inc. on October 7, 2020 (Dkt. No. 49);
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WHEREAS, by Orders dated August 27, 2020 and October 14, 2020, the Court set the Initial
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Case Management Conference for November 20, 2020 (Dkt. Nos. 15, 51);
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WHEREAS, Defendants filed their motions to dismiss the complaint on October 23, 2020
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(Dkt. Nos. 54, 56);
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WHEREAS, under the current briefing schedule, Plaintiff’s oppositions to Defendants’
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motions to dismiss are due by December 21, 2020; Defendants’ replies are due by January 21, 2021;
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and the hearing on the motions is set for February 5, 2021 (Dkt. No. 29);
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WHEREAS, Plaintiff will file a timely Amended Complaint by November 13, 2020,
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pursuant to Fed. R. Civ. P. (“Rule”) 15(a)(1)(B);
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WHEREAS, in view of the complicated subject matter of this case and the number of issues
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in dispute, the parties agree that there is good cause to enlarge the Rule 15 briefing schedule for
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Defendants’ motions to dismiss the Amended Complaint such that: (1) Defendants’ motions to
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dismiss Plaintiff’s Amended Complaint shall be filed by December 21, 2020; (2) Plaintiff’s
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oppositions shall be filed by February 5, 2021; (3) Defendants’ replies shall be filed by March 5,
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2021; and (4) the hearing shall be set for March 19, 2021, or a date thereafter convenient with the
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Court;
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WHEREAS, the parties met and conferred on October 30, 2020 and November 2, 2020 and
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by follow-up exchanges of electronic mail in accordance with Federal Rule of Civil Procedure 26(f)
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and ADR L.R. 3-5(a);
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WHEREAS, neither party has yet served any discovery requests;
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CASE NO.: 3:20-CV-05787-SI STIPULATION RE BRIEFING SCHEDULE, STAY OF
DISCOVERY AND CONT. OF INITIAL CMC
Case 3:20-cv-05787-SI Document 62 Filed 11/06/20 Page 4 of 5
1 WHEREAS, the parties agree that the Court’s ruling on the motions to dismiss the Amended
2 Complaint is expected to provide guidance to the parties as to the scope of the issues in the case and
3 the appropriate contours for discovery;
4 WHEREAS, the parties agree that good cause exists to stay all discovery as between these
5 parties, including disclosures pursuant to Federal Rule of Civil Procedure 26, until and unless the
6 Court denies Defendants’ motions to dismiss the Amended Complaint in whole or in part; 1
7 WHEREAS, the parties agree that, notwithstanding the discovery stay, the Case Management
8 Conference should be held on March 19, 2021 (i.e., the date requested for hearing on the renewed
9 motions to dismiss), or continued to a date thereafter convenient for the Court.
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11 Dated: November 6, 2020 WILMER CUTLER PICKERING, HALE AND
DORR LLP
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By: /s/ Sonal N. Mehta
13 SONAL N. MEHTA
14 Attorney for Defendants
Facebook, Inc. and Mark Zuckerberg
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16 Dated: November 6, 2020 JASSY VICK CAROLAN LLP
17 By: /s/ Carol Jean LoCicero
CAROL JEAN LOCICERO
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Attorney for Defendants
19 The Poynter Institute for Media Studies, Inc.
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21 Dated: November 6, 2020 By: /s/ Roger I, Teich
ROGER I. TEICH
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Attorney for Plaintiff
23 Children’s Health Defense
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In the event the Court grants the motions to dismiss with leave to amend, the parties will meet and
28 confer to discuss whether it makes sense to continue to stay discovery in whole or in part until any
subsequent pleadings and/or motions to dismiss are resolved.
CASE NO.: 3:20-CV-05787-SI -2- STIPULATION RE BRIEFING SCHEDULE, STAY OF
DISCOVERY, AND CONT. OF INITIAL CMC
Case 3:20-cv-05787-SI Document 62 Filed 11/06/20 Page 5 of 5
1 CERTIFICATE OF SERVICE
2 I hereby certify that on November 6, 2020, I electronically filed the above document with the
3 Clerk of the Court using CM/ECF which will send electronic notification of such filing to all
4 registered counsel.
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6 Dated: November 6, 2020 By: /s/ Sonal N. Mehta
Sonal N. Mehta
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9 ATTORNEY ATTESTATION
10 I, Sonal N. Mehta, am the ECF User whose ID and password are being used to file this
11 Stipulation and accompanying proposed order. In compliance with Civil Local Rule 5-l(i)(3), I
12 hereby attest that concurrence in the filing of this document and all attachments has been obtained
13 from each signatory.
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15 Dated: November 6, 2020 By: /s/ Sonal N. Mehta
Sonal N. Mehta
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CASE NO.: 3:20-CV-05787-SI STIPULATION RE BRIEFING SCHEDULE, STAY OF
DISCOVERY AND CONT. OF INITIAL CMC
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