U.S. WeChat Users Alliance et al v. Trump et al
Plaintiffs challenged President Trump's executive order banning WeChat. Plaintiffs assert that the ban violates the First and Fifth Amendment, as well as the Religious Freedom Restoration Act.
| Elaine Peng, Chihuo Inc., U.S. WeChat Users Alliance, Brent Coulter, Fangyi Duan, Xiao Zhang and Jinneng Bao |
| Wilbur Ross and Donald J. Trump |
| Dirk Langer |
| Tencent Holdings Ltd. |
| 3:2020cv05910 |
| August 21, 2020 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Civil Rights: Other |
| 28 U.S.C. § 2201 Injunction |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 168 NOTICE of Voluntary Dismissal (Stipulation Pursuant to FRCP 41(a)(1)(A)(ii) by Wilbur Ross, Donald J. Trump (Orloff, Serena) (Filed on 10/20/2021) |
| Filing 167 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Pursuant to the parties' stipulation, the court resets the Initial Case Management Conference, previously set for 9/30/2021, to 10/28/2021 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 10/21/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/23/2021) |
| Filing 166 JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by Wilbur Ross, Donald J. Trump. (Orloff, Serena) (Filed on 9/23/2021) |
Filing 165
ORDER of USCA as to #79 Notice of Appeal to the Ninth Circuit filed by Wilbur Ross, Donald J. Trump (slhS, COURT STAFF) (Filed on 9/8/2021)
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Filing 164
ORDER of USCA as to #79 Notice of Appeal to the Ninth Circuit filed by Wilbur Ross, Donald J. Trump. (mclS, COURT STAFF) (Filed on 8/9/2021)
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| Filing 163 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 9/30/2021 at 9:30 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings hel d by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 8/ 4/2021) |
| Filing 162 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Pursuant to the parties' joint request, the court continues the Initial Case Management Conference, previously set for 8/5/2021, to 9/30/2021 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 9/23/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 7/29/2021) |
| Filing 161 CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Swearingen, Van) (Filed on 7/29/2021) |
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Filing 160
Order by Magistrate Judge Laurel Beeler granting #159 Stipulation to Continue Initial Case Management Conference. Initial Case Management Conference set for 8/5/2021 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/29/2021. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov /lb (ejkS, COURT STAFF) (Filed on 7/16/2021)
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| Filing 159 STIPULATION WITH PROPOSED ORDER to Continue Initial Case Management Conference filed by Wilbur Ross, Donald J. Trump. (Orloff, Serena) (Filed on 7/15/2021) |
| Filing 158 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference previously set for 6/17/2021 is reset to 7/22/2021 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/15/2021. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov /lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. Ther e is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/14/2021) |
| Filing 157 JOINT STATUS REPORT ; PROPOSED ORDER by Wilbur Ross, Donald J. Trump. (Orloff, Serena) (Filed on 6/11/2021) Modified on 6/11/2021 (mclS, COURT STAFF). |
| Filing 156 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Initial Case Management Conference set for 6/17/2021 at 11:00 AM is reset to 9:30 AM in San Francisco - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 4/13/2021) |
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Filing 155
ORDER re #154 Status Report. Initial Case Management Conference previously set for 4/22/2021 is reset to 6/17/2021 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 6/11/2021. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Signed by Judge Laurel Beeler on 04/12/2021. (ejkS, COURT STAFF) (Filed on 4/12/2021)
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| Filing 154 JOINT STATUS REPORT ; PROPOSED REPORT by Wilbur Ross, Donald J. Trump. (Orloff, Serena) (Filed on 4/12/2021) Modified on 4/12/2021 (mclS, COURT STAFF). |
| Filing 153 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME. Initial Case Management Conference set for 4/22/2021 at 11:00 AM is reset to 9:30 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons gran ted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) i> (ejkS, COURT STAFF) (Filed on 3/1/2021) |
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Filing 152
ORDER of USCA as to #79 Notice of Appeal to the Ninth Circuit filed by Wilbur Ross, Donald J. Trump. (mclS, COURT STAFF) (Filed on 2/16/2021)
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Filing 151
ORDER re #150 Stipulation to Stay Proceedings. The court grants the attached stipulation, terminates all dates and motions, directs the 4/12/2021 update, and sets as a calendaring device a further CMC for 4/22/2021 at 11:00 AM. The court notes that if the parties want to proceed on the current motion, they can re-notice it for a hearing on any available Thursday at 9:30 a.m. at least two weeks after full briefing. Signed by Judge Laurel Beeler on 02/12/2021. (ejkS, COURT STAFF) (Filed on 2/12/2021)
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| Filing 150 STIPULATION WITH PROPOSED ORDER to Stay Proceedings filed by Wilbur Ross, Donald J. Trump. (Orloff, Serena) (Filed on 2/11/2021) |
| Filing 149 OPPOSITION/RESPONSE (re #141 MOTION to Dismiss ) Plaintiffs' Opposition to Defendants' Partial Motion to Dismiss Second Amended Complaint filed byJinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Gourse, Alexander) (Filed on 2/1/2021) |
| Filing 148 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendants (Orloff, Serena) (Filed on 1/21/2021) |
| Filing 147 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Swearingen, Van) (Filed on 1/21/2021) |
| Filing 146 CASE MANAGEMENT STATEMENT (Joint) filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Swearingen, Van) (Filed on 1/21/2021) |
| Filing 145 Certificate of Interested Entities by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang identifying Other Affiliate Tencent Holdings Ltd. for Brent Coulter, Chihuo Inc., Elaine Peng, Fangyi Duan, Jinneng Bao, U.S. WeChat Users Alliance, Xiao Zhang. re #144 Certificate of Interested Entities (Supplement) (Swearingen, Van) (Filed on 1/20/2021) |
| Filing 144 Certificate of Interested Entities by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang (Swearingen, Van) (Filed on 1/19/2021) |
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Filing 143
ORDER of USCA as to #79 Notice of Appeal to the Ninth Circuit filed by Wilbur Ross, Donald J. Trump. (mclS, COURT STAFF) (Filed on 1/19/2021)
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| Filing 142 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: In light of the Motion Hearing set for 3/4/2021, the Case Management Conference previously set for 3/4/2021 is reset to 4/1/2021 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 3/25/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 12/24/2020) |
| Filing 141 MOTION to Dismiss filed by Wilbur Ross, Donald J. Trump. Motion Hearing set for 3/4/2021 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 2/1/2021. Replies due by 2/15/2021. (Attachments: #1 Proposed Order)(Powell, Amy) (Filed on 12/23/2020) |
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Filing 140
ORDER re #139 Stipulation to Extend Deadline and Set Briefing Schedule. The court approves the parties' proposed schedule. The parties may notice the motion for any available Thursday at 9:30 a.m. at least two weeks after full briefing. Signed by Judge Laurel Beeler on 12/18/2020. (ejkS, COURT STAFF) (Filed on 12/18/2020)
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| Filing 139 STIPULATION WITH PROPOSED ORDER to Extend Deadline and Set Briefing Schedule filed by Wilbur Ross, Donald J. Trump. (Powell, Amy) (Filed on 12/17/2020) |
| Filing 138 AMENDED COMPLAINT (Blacklined SAC) against All Defendants. Filed byElaine Peng, Brent Coulter, Xiao Zhang, Chihuo Inc., Fangyi Duan, U.S. WeChat Users Alliance, Jinneng Bao. (Bien, Michael) (Filed on 12/8/2020) |
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Filing 137
ORDER. The court asks the plaintiffs to also file a blackline comparison of the Second Amended Complaint and the previous Amended Complaint. Signed by Judge Laurel Beeler on 12/8/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc5S, COURT STAFF) (Filed on 12/8/2020)
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| Filing 136 AMENDED COMPLAINT (Second) against All Defendants. Filed byElaine Peng, Brent Coulter, Xiao Zhang, Chihuo Inc., Fangyi Duan, U.S. WeChat Users Alliance, Jinneng Bao. (Bien, Michael) (Filed on 12/7/2020) |
| Filing 135 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Tencent Holdings Ltd... (Boutin, Peter) (Filed on 11/25/2020) |
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Filing 134
ORDER. Pursuant to the court's order at ECF No. 133, the court refiles its previous order denying stay that reflects Tencent's proposed redactions. Signed by Judge Laurel Beeler on 11/24/2020. (lblc5S, COURT STAFF) (Filed on 11/24/2020)
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Filing 133
*** ERRONEOUS ENTRY *** ORDER by Judge Laurel Beeler granting #121 Administrative Motion to File Under Seal. The court can decide the pending motion without oral argument and grants Tencent's unopposed motion to maintain its mitigation proposal and related references under seal. See Civil L.R. 7-1(b) (regarding oral argument). The court will file an updated public order reflecting Tencent's updated proposals for redactions. The court also denies Tencent's motion to intervene as moot. (The court can decide Tencent's motion to intervene, but once it intervenes, intervention -- even for discovery -- requires consent to the court's jurisdiction. For a cleaner record, the court asks Tencent to accept (or decline) the court's jurisdiction to decide the sealing issues (and attaches the standard consent form)). Any party is free to accept or decline the court's jurisdiction without substantive consequences. (lblc5S, COURT STAFF) (Filed on 11/24/2020) Modified on 11/25/2020 (mclS, COURT STAFF).
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Filing 132
Order by Magistrate Judge Laurel Beeler granting #131 Stipulation to Continue Rule 26(F) Deadlines. (ejkS, COURT STAFF) (Filed on 11/20/2020)
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| Filing 131 STIPULATION WITH PROPOSED ORDER to Continue Rule 26(f) Deadlines filed by Wilbur Ross, Donald J. Trump. (Powell, Amy) (Filed on 11/20/2020) |
| Filing 130 MOTION to Dismiss First Amended Complaint filed by Wilbur Ross, Donald J. Trump. Motion Hearing set for 2/11/2021 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 12/14/2020. Replies due by 1/18/2021. (Attachments: #1 Proposed Order)(Orloff, Serena) (Filed on 11/16/2020) |
| Filing 129 NOTICE of Appearance by Christopher A. Stecher (Stecher, Christopher) (Filed on 11/11/2020) |
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Filing 128
ORDER re #127 Stipulation to Continue Case Management Conference and Extend Deadlines. Initial Case Management Conference previously set for 12/3/2020 is reset to 1/28/2021 at 9:30 AM. Case Management Statement due by 1/21/2021. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/l b General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Signed by Judge Laurel Beeler on 11/10/2020. (ejkS, COURT STAFF ) (Filed on 11/10/2020)
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| Filing 127 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference and Extend Deadlines filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Swearingen, Van) (Filed on 11/10/2020) |
| Filing 126 CLERKS NOTICE SETTING MOTION HEARING. Motion Hearing #121 Administrative Motion to File Under Seal Notice of Motion and Unopposed Motion to Intervene For a Limited Purpose and Unopposed Motion to Maintain Certain Information Under Seal set for 12/10/2020 at 9:30 AM before Magistrate Judge Laurel Beeler. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, an d rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts .gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 11/5/2020) |
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Filing 125
Order by Magistrate Judge Laurel Beeler granting #124 Motion for Pro Hac Vice. Attorney Anand Sithian representing Proposed Intervenor Tencent Holdings Ltd. (ejkS, COURT STAFF) (Filed on 11/4/2020)
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| Filing 124 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15153900.) filed by Tencent Holdings Ltd.. (Sithian, Anand) (Filed on 11/4/2020) |
| Filing 123 Statement Joint Statement re Sealed Materials by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Bien, Michael) (Filed on 11/3/2020) |
| Filing 122 NOTICE by Wilbur Ross, Donald J. Trump of Filing of Certified Contents of Administrative Record (Attachments: #1 Certification of Contents of Administrative Record)(Orloff, Serena) (Filed on 11/3/2020) |
| Filing 121 Administrative Motion to File Under Seal Notice of Motion and Unopposed Motion to Intervene For a Limited Purpose and Unopposed Motion to Maintain Certain Information Under Seal filed by Tencent Holdings Ltd. (Attachments: #1 Declaration of Brent Irvin, #2 Declaration of Roberto Gonzalez, #3 Exhibit A to Gonzalez Declaration (Sealed), #4 Exhibit B to Gonzalez Declaration (Sealed), #5 Exhibit C to Gonzalez Declaration (Sealed), #6 Exhibit D to Gonzalez Declaration (Sealed), #7 Proposed Order Granting Motion to Intervene, #8 Proposed Order Granting Motion to Maintain Certain Information Under Seal)(Boutin, Peter) (Filed on 11/3/2020) Modified on 11/3/2020 (mclS, COURT STAFF). |
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Filing 120
Order by Magistrate Judge Laurel Beeler granting #115 Motion for Pro Hac Vice. Attorney Julie L. Rooney representing Proposed Intervenor Tencent Holdings Ltd. (ejkS, COURT STAFF) (Filed on 11/3/2020)
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Filing 119
Order by Magistrate Judge Laurel Beeler granting #113 Motion for Pro Hac Vice. Attorney Jake Elijah Struebing representing Proposed Intervenor Tencent Holdings Ltd. (ejkS, COURT STAFF) (Filed on 11/3/2020)
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Filing 118
Order by Magistrate Judge Laurel Beeler granting #112 Motion for Pro Hac Vice. Attorney Roberto J. Gonzalez representing Proposed Intervenor Tencent Holdings Ltd. (ejkS, COURT STAFF) (Filed on 11/3/2020)
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Filing 117
Order by Magistrate Judge Laurel Beeler granting #114 Motion for Leave to File Unopposed Motion for Leave to File Combined Motion and Excess Pages. (ejkS, COURT STAFF) (Filed on 11/3/2020)
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| Filing 116 Certificate of Interested Entities by Tencent Holdings Ltd. identifying Other Affiliate Naspers Limited for Tencent Holdings Ltd.. (Boutin, Peter) (Filed on 11/2/2020) |
| Filing 115 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15144102.) filed by Tencent Holdings Ltd.. (Rooney, Julie) (Filed on 11/2/2020) |
| Filing 114 MOTION for Leave to File Unopposed Motion for Leave to File Combined Motion and Excess Pages filed by Tencent Holdings Ltd.. (Attachments: #1 Declaration Declaration of Roberto J. Gonzalez, #2 Proposed Order)(Boutin, Peter) (Filed on 11/2/2020) |
| Filing 113 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15143747.) filed by Tencent Holdings Ltd.. (Struebing, Jake) (Filed on 11/2/2020) |
| Filing 112 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15143411.) filed by Tencent Holdings Ltd.. (Gonzalez, Roberto) (Filed on 11/2/2020) |
| Filing 111 NOTICE of Appearance by Courtney Turco DeThomas (DeThomas, Courtney) (Filed on 10/29/2020) |
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Filing 110
ORDER re: #109 Stipulation to Continue CMC and Extend Deadlines. Initial Case Management Conference previously set for 11/19/2020 is reset to 12/3/2020 at 9:30 AM. Case Management Statement due by 11/25/2020. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General O rder 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Signed by Judge Laurel Beeler on 10/29/2020. (ejkS, COURT STAFF) (Filed on 10/29/2020)
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| Filing 109 STIPULATION AND [PROPOSED] ORDER to Continue CMC and Extend Deadlines filed by Wilbur Ross, Donald J. Trump. (Powell, Amy) (Filed on 10/29/2020) |
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Filing 108
Order by Magistrate Judge Laurel Beeler granting #107 Stipulation re: Sealed Materials. (ejkS, COURT STAFF) (Filed on 10/27/2020)
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| Filing 107 STIPULATION AND [PROPOSED] ORDER RE SEALED MATERIALS re #105 Order filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Bien, Michael) (Filed on 10/26/2020) |
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Filing 106
ORDER of USCA as to #79 Notice of Appeal 20-16908 filed by Wilbur Ross, Donald J. Trump. Appellants' motion to stay the district court's September 19, 2020 order pending appeal is denied. (wsnS, COURT STAFF) (Filed on 10/26/2020)
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| Filing 105 PUBLIC-RECORD ORDER DENYING MOTION TO STAY #68 . The attached order is the public-record redacted version of the sealed, unredacted order denying the motion to stay. (See Order - ECF No. 104.) The redacted information is information (filed under seal) about Tencent's mitigation proposal and additional information relevant to prohibited transaction 2. The court granted the unopposed motions to seal based on the representations that the redactions contained Tencent's confidential business information. But now, the government submitted, and the court included in the order, public-record information about the mitigation proposal. (See Order at 5.) Given that context, and the standards for public access to the court's docket, the court asks the parties to revisit their sealing proposals. The court thinks that the two specific entities (Order at 4:11-12, 4:15, and 4:22) might be redacted, and possibly the information relevant to prohibited transaction 2 might be redacted too (id. at 7:21-22 and 13:4-7), but the rest seems fairly in the public domain now. At minimum, given the public-record disclosure, the previous request to seal the mitigation proposal is no longer narrowly tailored under N.D. Cal. Civ. L. R. 79-5(b).The court asks the parties to file a joint statement about their proposed redactions by noon on Tuesday, October 27, 2020 if possible. If that time period is too abbreviated, then they may ask for more time. (Beeler, Laurel) (Filed on 10/23/2020) |
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Filing 104
Order by Magistrate Judge Laurel Beeler denying #68 Motion to Stay. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/23/2020) (ejkS, COURT STAFF).
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Filing 103
Order by Magistrate Judge Laurel Beeler granting #94 Administrative Motion to File Under Seal. (ejkS, COURT STAFF) (Filed on 10/23/2020)
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| Filing 102 Transcript of Zoom Webinar Proceedings held on October 15, 2020, before Judge Laurel Beeler. Court Reporter Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #89 Transcript Order ) Release of Transcript Restriction set for 1/21/2021. (Related documents(s) #89 ) (mfk, COURT STAFF) (Filed on 10/23/2020) |
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Filing 101
Order by Magistrate Judge Laurel Beeler granting #98 Stipulation to Extend Deadline and Set Briefing Schedule. The court approves the parties' proposed schedule. This results in a hearing date of 2/11/2021 at 9:30 a.m. at the earliest. The motion may be noticed for that date or any available Thursday thereafter at 9:30 a.m. To avoid losing track of the case, the court sets a case-management conference for 3/4/2021 at 11:00 AM. (ejkS, COURT STAFF) (Filed on 10/23/2020)
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Filing 100
Order by Magistrate Judge Laurel Beeler granting #99 Stipulated Protective Order. (ejkS, COURT STAFF) (Filed on 10/23/2020)
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| Set Deadlines/Hearings: Further Case Management Conference set for 3/4/2021 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 2/25/2021. (ejkS, COURT STAFF) (Filed on 10/23/2020) |
| Filing 99 STIPULATION WITH PROPOSED ORDER Stipulated Protective Order filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Bien, Michael) (Filed on 10/22/2020) |
| Filing 98 STIPULATION WITH PROPOSED ORDER to Extend Deadline and Set Briefing Schedule filed by Wilbur Ross, Donald J. Trump. (Powell, Amy) (Filed on 10/21/2020) |
| Filing 97 Notice of Redacted Version of Classified Filing and Objection and Response to Plaintiffs' Supplemental Brief, ECF No. 96 filed byWilbur Ross, Donald J. Trump. (Attachments: #1 Redacted ODNI Assessment)(Orloff, Serena) (Filed on 10/21/2020) Modified on 10/22/2020 (mclS, COURT STAFF). |
| Filing 96 Supplemental Brief re #93 Declaration in Support, Plaintiffs' Response to Declaration of John Costello filed byJinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Related document(s) #93 ) (Gourse, Alexander) (Filed on 10/20/2020) |
| Filing 95 TRANSCRIPT ORDER for proceedings held on 10/15/2020 before Magistrate Judge Laurel Beeler for Court Reporter Marla Knox. (rjdS, COURT STAFF) (Filed on 10/20/2020) |
| Filing 94 Consent Administrative Motion to File Under Seal filed by Wilbur Ross, Donald J. Trump. (Attachments: #1 Declaration of Serena Orloff, #2 Proposed Order, #3 Costello Declaration (unredacted), #4 Exhibit A to Costello Declaration - Decision Memorandum (unredacted))(Orloff, Serena) (Filed on 10/19/2020) |
| Filing 93 Declaration of John Costello in Further Support of Defendants' Motion to Stay Preliminary Injunction Pending Appeal filed byWilbur Ross, Donald J. Trump. (Attachments: #1 Declaration of John Costello (redacted), #2 Exhibit A to Costello Declaration - Decision Memorandum (redacted))(Orloff, Serena) (Filed on 10/19/2020) |
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Filing 92
Order by Magistrate Judge Laurel Beeler granting #85 Administrative Motion to File Under Seal. (ejkS, COURT STAFF) (Filed on 10/19/2020)
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| Filing 91 TRANSCRIPT ORDER for proceedings held on 10/15/2020 before Magistrate Judge Laurel Beeler by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang, for Court Reporter Marla Knox. (Gourse, Alexander) (Filed on 10/16/2020) |
| Filing 89 TRANSCRIPT ORDER for proceedings held on 10/15/2020 before Magistrate Judge Laurel Beeler by Wilbur Ross, Donald J. Trump, for Court Reporter Marla Knox. (Orloff, Serena) (Filed on 10/16/2020) |
| Filing 90 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held via Zoom on 10/15/2020. Matter is argued, submitted and taken under submission. Total Time in Court: 1 hour, 10 minutes. Court Reporter: Marla Knox. Plaintiffs' Attorneys: Michael Bien, David Gossett, Thomas Burke, Van Swearingen, and Clay Zhu. Defendants' Attorneys: Serena Orloff and Stuart Robinson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 10/15/2020) |
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Filing 88
Order by Magistrate Judge Laurel Beeler granting #87 Motion for Pro Hac Vice. Attorney John M. Browning representing Plaintiffs. (ejkS, COURT STAFF) (Filed on 10/14/2020)
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| Filing 87 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15057520.) filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Attachments: #1 Certificate of Standing)(Burke, Thomas) (Filed on 10/13/2020) |
| Filing 86 Declaration of Van Swearingen in Support of #78 Opposition/Response to Motion, to Stay Pending Appeal filed byJinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Related document(s) #78 ) (Swearingen, Van) (Filed on 10/8/2020) |
| Filing 85 Administrative Motion to File Under Seal filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Attachments: #1 Declaration of Michael W. Bien, #2 Certificate/Proof of Service, #3 Proposed Order, #4 Redacted Version of Declaration of Van Swearingen in Support of Plaintiffs' Opposition to Defendants' Motion to Stay Pending Appeal, #5 Unredacted Version of Declaration of Van Swearingen in Support of Plaintiffs' Opposition to Defendants' Motion to Stay Pending Appeal)(Bien, Michael) (Filed on 10/8/2020) |
| Filing 84 NOTICE by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang re #78 Opposition/Response to Motion, (Attachments: #1 Declaration of Adam Roach)(Bien, Michael) (Filed on 10/8/2020) |
| Filing 83 REPLY (re #68 MOTION to Stay Injunction Pending Appeal, Memorandum in Support, Notice of Record Materials ) filed byWilbur Ross, Donald J. Trump. (Attachments: #1 Exhibit correspondence of counsel, #2 Exhibit correspondence of counsel)(Orloff, Serena) (Filed on 10/6/2020) |
| Filing 82 SUMMONS Returned Executed by Elaine Peng, Brent Coulter, Xiao Zhang, Chihuo Inc., Fangyi Duan, U.S. WeChat Users Alliance, Jinneng Bao. Defendants served on 8/24/20, answer due 10/23/20. Proof of Service Pursuant to Federal Rules of Civil Procedure, Rule 4(i) (Swearingen, Van) (Filed on 10/6/2020) Modified on 10/7/2020 (mclS, COURT STAFF). |
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Filing 81
ORDER of USCA as to #79 Notice of Appeal filed by Wilbur Ross, Donald J. Trump. (mclS, COURT STAFF) (Filed on 10/2/2020)
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| Filing 80 USCA Case Number 20-16908 for #79 Notice of Appeal filed by Wilbur Ross, Donald J. Trump. (mclS, COURT STAFF) (Filed on 10/2/2020) |
| Filing 79 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Wilbur Ross, Donald J. Trump. (Appeal fee FEE WAIVED.) (Orloff, Serena) (Filed on 10/2/2020) |
| Set/Reset Deadlines:. Motion Hearing #68 MOTION to Stay Injunction Pending Appeal, Memorandum in Support, Notice of Record Materials set for 10/15/2020 at 9:30 AM before Magistrate Judge Laurel Beeler. (ejkS, COURT STAFF) (Filed on 10/2/2020) |
| Filing 78 OPPOSITION/RESPONSE (re #68 MOTION to Stay Injunction Pending Appeal, Memorandum in Support, Notice of Record Materials ) filed byJinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Attachments: #1 Declaration of Ying Cao, #2 Declaration of Fangyi Duan, #3 Declaration of Joe Hildebrand, #4 Declaration of Michael W. Bien)(Bien, Michael) (Filed on 10/1/2020) |
| Filing 77 NOTICE by Wilbur Ross, Donald J. Trump of Filing of Appendix F to Secretary's Decision Memorandum (Attachments: #1 Appendix Appendix F - Part 1, #2 Appendix F - Part 2, #3 Appendix F - Part 3, #4 Appendix F - Part 4, #5 Appendix F - Part 5, #6 Appendix F - Part 6, #7 Appendix F - Part 7, #8 Appendix F - Part 8)(Orloff, Serena) (Filed on 10/1/2020) |
| Filing 76 NOTICE by Wilbur Ross, Donald J. Trump of Corrected Exhibit to Motion to Stay Preliminary Injunction (ECF No. 68) (Attachments: #1 Corrected Exhibit A to Costello Declaration (ECF No. 68-1))(Orloff, Serena) (Filed on 9/28/2020) |
| Filing 75 TRANSCRIPT ORDER for proceedings held on 09/18/2020 before Magistrate Judge Laurel Beeler by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang, for Court Reporter Ruth Ekhaus. (Swearingen, Van) (Filed on 9/28/2020) |
| Filing 74 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing #68 MOTION to Stay Injunction Pending Appeal, Memorandum in Support, Notice of Record Materials previously set for 10/29/2020 is reset to 10/15/2020 at 9:30 AM before Magistrate Judge Laurel Beeler. Responses due by 10/1/2020. Replies due by 10/6/2020. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recordin g, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.usc ourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/25/2020) |
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Filing 73
Order by Magistrate Judge Laurel Beeler. Given the parties' representations and the disputed scheduling, the court sets the following briefing schedule for the pending motion to stay at ECF 68: Plaintiffs' opposition due Thursday 10/1/2020; Defendants' optional reply no later than Tuesday 10/6/2020; hearing set for 10/15/2020 at 9:30 a.m. If the court can do it on a tighter time period, it will let the parties know. The parties must submit chambers copies of their filings. The court terminates the motion to shorten time at ECF No. 69. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc5S, COURT STAFF) (Filed on 9/25/2020)
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| Filing 72 REPLY (re #69 MOTION to Shorten Time ) filed byWilbur Ross, Donald J. Trump. (Orloff, Serena) (Filed on 9/25/2020) |
| Filing 71 NOTICE by Wilbur Ross, Donald J. Trump of Classified Lodging (Powell, Amy) (Filed on 9/25/2020) |
| Filing 70 OPPOSITION/RESPONSE (re #69 MOTION to Shorten Time ) filed byJinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Attachments: #1 Declaration of Michael W. Bien)(Bien, Michael) (Filed on 9/25/2020) |
| Filing 69 MOTION to Shorten Time filed by Wilbur Ross, Donald J. Trump. (Attachments: #1 Declaration of Serena Orloff, #2 Proposed Order)(Orloff, Serena) (Filed on 9/24/2020) |
| Filing 68 MOTION to Stay Injunction Pending Appeal, Memorandum in Support, Notice of Record Materials filed by Wilbur Ross, Donald J. Trump. Motion Hearing set for 10/29/2020 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 10/8/2020. Replies due by 10/15/2020. (Attachments: #1 Declaration of John Costello and Accompanying Materials, #2 Proposed Order)(Orloff, Serena) (Filed on 9/24/2020) |
| Filing 67 TRANSCRIPT ORDER for proceedings held on 09-19-2020 before Magistrate Judge Laurel Beeler for Court Reporter Belle Ball. (rjdS, COURT STAFF) (Filed on 9/21/2020) |
| Filing 66 Transcript of Proceedings held on 09/18/2020, before Judge Laurel Beeler. Court ReporterRuth Levine Ekhaus, RDR, FCRR, CSR No. 12219, telephone number (415)336-5223/ruth_ekhaus@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #58 Transcript Order, #61 Transcript Order, #64 Transcript Order ) Release of Transcript Restriction set for 12/21/2020. (Related documents(s) #58 , #61 , #64 ) (rreS, COURT STAFF) (Filed on 9/21/2020) |
| Filing 65 *** THIS DOCUMENT REPLACES ECF DOCUMENT NO. 57 *** Transcript of Proceedings held on September 19, 2020, before Judge Laurel Beeler. Court Reporter Belle Ball, CSR, telephone number (415)373-2529, belle_ball@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #62 Transcript Order ) Release of Transcript Restriction set for 12/21/2020. (Related documents(s) #62 ) (ballbb15S, COURT STAFF) (Filed on 9/21/2020) |
| Filing 64 TRANSCRIPT ORDER for proceedings held on 09/18/2020 before Magistrate Judge Laurel Beeler for Court Reporter Ruth Ekhaus. (rjdS, COURT STAFF) (Filed on 9/21/2020) |
| Filing 62 TRANSCRIPT ORDER for proceedings held on 09/19/2020 before Magistrate Judge Laurel Beeler for Court Reporter Belle Ball. (rjdS, COURT STAFF) (Filed on 9/21/2020) |
| Filing 61 TRANSCRIPT ORDER for proceedings held on 09/18/2020 before Magistrate Judge Laurel Beeler for Court Reporter Ruth Ekhaus. (rjdS, COURT STAFF) (Filed on 9/21/2020) |
| Filing 60 TRANSCRIPT ORDER for proceedings held on 09-19-2020 before Magistrate Judge Laurel Beeler for Court Reporter Belle Ball. (rjdS, COURT STAFF) (Filed on 9/20/2020) |
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Filing 59
ORDER. In the attached order, the court grants the plaintiffs' motion for a preliminary injunction on the ground that the plaintiffs have shown serious questions going to the merits of the First Amendment claim, the balance of hardships tips in the plaintiffs' favor, and the plaintiffs establish sufficiently the other elements for preliminary-injunctive relief. (Beeler, Laurel) (Filed on 9/19/2020)
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| Filing 58 TRANSCRIPT ORDER for proceedings held on 09/18/2020 before Magistrate Judge Laurel Beeler by Wilbur Ross, Donald J. Trump, for Court Reporter Ruth Ekhaus. (Orloff, Serena) (Filed on 9/19/2020) |
| Filing 57 Transcript of Proceedings held on September 19, 2020, before Judge Laurel Beeler. Court Reporter Belle Ball, CSR, telephone number (415)373-2529, belle_ball@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #55 Transcript Order, #56 Transcript Order ) Release of Transcript Restriction set for 12/18/2020. (Related documents(s) #55 , #56 ) (ballbb15S, COURT STAFF) (Filed on 9/19/2020) |
| Filing 56 TRANSCRIPT ORDER for proceedings held on 09/19/2020 before Magistrate Judge Laurel Beeler by Wilbur Ross, Donald J. Trump, for Court Reporter Belle Ball. (Orloff, Serena) (Filed on 9/19/2020) |
| Filing 55 TRANSCRIPT ORDER for proceedings held on 09/19/2020 before Magistrate Judge Laurel Beeler by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang, for Court Reporter Belle Ball. (Bien, Michael) (Filed on 9/19/2020) |
| Filing 54 Proposed Order re #48 Supplemental MOTION for Preliminary Injunction by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Bien, Michael) (Filed on 9/19/2020) |
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Filing 53
ORDER REGARDING PROPOSED ORDER. On reflection, and given the intervening Identification of Prohibited Transactions since the last proposed order, the court asks the plaintiffs to submit the customary proposed order within an hour. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 9/19/2020)
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| Filing 52 REPLY (re #48 Supplemental MOTION for Preliminary Injunction ) filed byJinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Bien, Michael) (Filed on 9/18/2020) |
| Filing 51 OPPOSITION/RESPONSE (re #48 Supplemental MOTION for Preliminary Injunction ) filed byWilbur Ross, Donald J. Trump. (Orloff, Serena) (Filed on 9/18/2020) |
| Filing 50 AMENDED COMPLAINT (Blacklined) against All Plaintiffs. Filed byElaine Peng, Brent Coulter, Xiao Zhang, Chihuo Inc., Fangyi Duan, U.S. WeChat Users Alliance, Jinneng Bao. (Bien, Michael) (Filed on 9/18/2020) |
| Filing 49 AMENDED COMPLAINT against All Plaintiffs. Filed byElaine Peng, Brent Coulter, Xiao Zhang, Chihuo Inc., Fangyi Duan, U.S. WeChat Users Alliance, Jinneng Bao. (Bien, Michael) (Filed on 9/18/2020) |
| Filing 48 Supplemental MOTION for Preliminary Injunction filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. Motion Hearing set for 9/19/2020 01:30 PM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 9/18/2020. Replies due by 9/18/2020. (Attachments: #1 Declaration of Elaine Peng)(Bien, Michael) (Filed on 9/18/2020) |
| Filing 47 CLERKS NOTICE SETTING ZOOM HEARING. Further Hearing for Motion on Preliminary Injunction set for 9/19/2020 at 1:30 PM. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videocon ference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/18/2020) |
| Filing 46 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Preliminary Injunction hearing held via Zoom on 9/18/2020. The plaintiffs will file a revised complaint and a new motion, and the parties will brief the case on the schedule set forth below. The new motion essentially moots the existing motion (or rather, renews it in the procedural context of a new complaint). The parties' papers will incorporate by reference any relevant arguments from the earlier motion and will (to the extent possible) cite to existing supporting documents. The court sets a hearing on the new motion for 9/19/2020 at 1:30 PM. Plaintiffs' renewed motion/opening brief (limited to 15 pages) due at 3:30 PM today. Amended Complaint due at 5:00 PM today (and counsel must file a clean version and a blackline version that shows the changes). Opposition (limited to 15 pages) due at 6:30 PM today. Plaintiffs' optional reply (limited to 8 pages) due at 8:00 PM today (or, alternatively, a statement that they do not intend to file a reply is due by 6:45 PM). Total Time in Court: 1 hour. Court Reporter: Ruth Levine Eckhaus. Plaintiffs' Attorneys: Michael Bien, David Gossett, Thomas Burke, Van Swearingen, Clay Zhu, and Angus Ni. Defendants' Attorneys: Michael Drezner and Serena Orloff. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 9/18/2020) |
| Filing 45 NOTICE by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang re #38 Notice (Other) Plaintiffs' Response to Defendants' September 18, 2020 Notice Regarding Implementation (Attachments: #1 Declaration of Michael W. Bien)(Bien, Michael) (Filed on 9/18/2020) |
| Filing 44 CLERKS NOTICE RESETTING HEARING TIME. Government counsel called chambers and asked for an hour to review the plaintiffs' contemplated submission. The court resets the hearing to 11:45 a.m. The court has a hard stop at 12:30 for 15 minutes and again at 1:00 p.m. for 30 minutes but expects that the procedural issues can be addressed and resolved at the 11:45 a.m. hearing.This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or vi deoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/18/2020) |
| Filing 43 CLERKS NOTICE SETTING ZOOM HEARING. Further Hearing for Motion on Preliminary Injunction Hearing set for 9/18/2020 at 11:00 AM. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or v ideoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/18/2020) |
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Filing 42
ORDER. The court understand that plaintiffs' counsel will file something by 10:45 a.m. about why the motion is not moot. The court tentatively sets a Zoom hearing for 11:00 a.m. but will change the time if it is not workable for counsel. Signed by Judge Laurel Beeler on 9/18/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc5S, COURT STAFF) (Filed on 9/18/2020)
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| Filing 41 Transcript of Proceedings held on 9/17/20, before Judge Laurel Beeler. Court Reporter Katherine Powell Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #40 Transcript Order, #37 Transcript Order, #34 Transcript Order, #35 Transcript Order ) Release of Transcript Restriction set for 12/17/2020. (Related documents(s) #40 , #37 , #34 , #35 ) (Sullivan, Katherine) (Filed on 9/18/2020) |
| Filing 40 TRANSCRIPT ORDER for proceedings held on 09-17-2020 before Magistrate Judge Laurel Beeler for Court Reporter Katherine Sullivan. (rjdS, COURT STAFF) (Filed on 9/18/2020) |
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Filing 39
ORDER. In light of the Secretary's issuance of prohibited WeChat transactions today, the pending motion for preliminary injunction appears mooted. That being said, the court is available today for a hearing on any emergency motions. The court asks that, should the parties decide to move forward with an emergency motion, they let the court know as soon as practicable by a filing and a call to chambers at 415-522-4660. Signed by Judge Laurel Beeler on 9/18/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc5S, COURT STAFF) (Filed on 9/18/2020)
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| Filing 38 NOTICE by Wilbur Ross, Donald J. Trump Regarding Implementation of Executive Order 13943 and Publication of Federal Register Notice (Orloff, Serena) (Filed on 9/18/2020) |
| Filing 37 TRANSCRIPT ORDER for proceedings held on 09-17-2020 before Magistrate Judge Laurel Beeler for Court Reporter Katherine Sullivan. (rjdS, COURT STAFF) (Filed on 9/17/2020) |
| Filing 36 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held via Zoom on 9/17/2020. Matter is argued, submitted and taken under submission. Court to issue order. Total Time in Court: 1 hour, 2 minutes. Court Reporter: Kathy Sullivan. Plaintiffs' Attorneys: Michael Bien, David Gossett, Thomas Burke, Van Swearingen, and Clay Zhu. Defendants' Attorneys: Michael Drezner and Serena Orloff. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 9/17/2020) |
| Filing 35 TRANSCRIPT ORDER for proceedings held on 09/17/2020 before Magistrate Judge Laurel Beeler by Wilbur Ross, Donald J. Trump, for Court Reporter Katherine Sullivan. (Orloff, Serena) (Filed on 9/17/2020) |
| Filing 34 TRANSCRIPT ORDER for proceedings held on 09/17/2020 before Magistrate Judge Laurel Beeler by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang, for Court Reporter Katherine Sullivan. (Bien, Michael) (Filed on 9/17/2020) |
| Filing 33 NOTICE by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang re #31 Notice (Other), #32 Notice (Other) Plaintiffs' Response to Defendnants' Notice Regarding Implementation of Executive Order 13943 and Recent Decision (Attachments: #1 Declaration of Michael W. Bien)(Bien, Michael) (Filed on 9/16/2020) |
| Filing 32 NOTICE by Wilbur Ross, Donald J. Trump of Recent Decision (Attachments: #1 Exhibit Order in Ryan v. Trump, No. 20-cv-5948-VC)(Orloff, Serena) (Filed on 9/16/2020) |
| Filing 31 NOTICE by Wilbur Ross, Donald J. Trump Regarding Implementation of Executive Order 13943 (Attachments: #1 Exhibit 1 - Letter)(Orloff, Serena) (Filed on 9/16/2020) |
| Filing 30 NOTICE by Wilbur Ross, Donald J. Trump of Declaration in Support of Opposition to #17 Plaintiffs' Motion for Preliminary Injunction (Attachments: #1 Declaration of Serena Orloff Authenticating Exhibits to Opposition to Motion for Preliminary Injunction, ECF No. 22)(Orloff, Serena) (Filed on 9/15/2020) Modified on 9/15/2020 (mclS, COURT STAFF). |
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Filing 29
ORDER. The court asks that the plaintiffs submit two chambers' copies of their reply brief and attachments by Monday morning. Signed by Judge Laurel Beeler on 9/12/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc5S, COURT STAFF) (Filed on 9/12/2020)
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| Filing 28 REPLY (re #17 MOTION for Preliminary Injunction ) filed byJinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Attachments: #1 Declaration of Michael W. Bien)(Bien, Michael) (Filed on 9/11/2020) |
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Filing 27
Order by Magistrate Judge Laurel Beeler denying #24 Motion for Leave to File Brief of Amicus Curiae. The court thanks Mr. Langer for his submission. Under the circumstances, the court does not think the amicus brief is necessary given the extensive briefing by both parties on the issues. The court thus denies Mr. Langer's motion for leave to file an amicus brief at ECF No. 24. (ejkS, COURT STAFF) (Filed on 9/11/2020)
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| Filing 26 NOTICE of Appearance by David Morris Gossett (Gossett, David) (Filed on 9/10/2020) |
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Filing 25
Order by Magistrate Judge Laurel Beeler. In the attached order, the court denies the plaintiffs' request for expedited discovery. (lblc5S, COURT STAFF) (Filed on 9/10/2020)
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| Filing 24 MOTION for Leave to File Brief of Amicus Curiae filed by Dirk Langer. (mclS, COURT STAFF) (Filed on 9/10/2020) |
| Filing 23 Amicus Curiae Brief filed byDirk Langer. (Attachments: #1 Envelope)(mclS, COURT STAFF) (Filed on 9/8/2020) |
| Filing 22 OPPOSITION/RESPONSE (re #17 MOTION for Preliminary Injunction ) filed byWilbur Ross, Donald J. Trump. (Attachments: #1 Ex. 1 - Cong. Leaders Cite Telecomm. Concerns, #2 Ex. 2 - HPSCI Invest. Rept 2012, #3 Ex. 3 - 2011 USCC Telecomms Rep't, #4 Ex. 4 - USCC 2011 Rep't to Congress, #5 Ex. 5 - 2011 DoD Annual Rep't, #6 Ex. 6 - 2018 DNI Threat Assessment, #7 Ex. 7 - 2017 DNI Threat Assessment, #8 Ex. 8 - 2015 FBI Note, #9 Ex. 9 - USCC 2017 Rep't to Congress, #10 Ex. 10 - 2016 DNI Threat Assessment, #11 Ex. 11 - NCSC 2018 Rep't, #12 Ex. 12 - SSCI Hrg on WW Threats, #13 Ex. 13 - DoD 2018 Nat'l Defense Strategy, #14 Ex. 14 - ASPI, Mapping China's Tech. Giants, #15 Ex. 15 - ASPI, When the Winner Takes All, #16 Ex. 16 - ASPI, Technological Entanglement, #17 Ex. 17 - Worried About Huawei? Take a Closer Look at Tencent, #18 Ex. 18 - USCC 2019 Rep't to Congress - excerpts, #19 Ex. 19 - ASPI, An Orwellian Future Is Taking Shape in China, #20 Ex. 20 - mainstream news compilation, #21 Ex. 21 - CISA Rep't, #22 Ex. 22 - U.S. Strategic Approach to China (May 2020), #23 Ex. 23 - WeChat, They Watch, #24 Ex. 24 - Business Insider, The Great Firewall, #25 Ex. 25 - WeChat Terms of Service)(Orloff, Serena) (Filed on 9/8/2020) |
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Filing 21
Order by Magistrate Judge Laurel Beeler granting #20 Motion for Pro Hac Vice. Attorney David M. Gossett representing Plaintiffs. Signed by Judge Laurel Beeler on 09/08/2020. (ejkS, COURT STAFF) (Filed on 9/8/2020)
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| Filing 20 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14914940.) filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Burke, Thomas) (Filed on 9/8/2020) |
| Filing 19 NOTICE of Appearance by Thomas R. Burke (Burke, Thomas) (Filed on 9/8/2020) |
| Filing 18 Joint Discovery Letter Brief filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Bien, Michael) (Filed on 9/3/2020) |
| Filing 17 MOTION for Preliminary Injunction filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. Motion Hearing set for 9/17/2020 09:30 AM before Magistrate Judge Laurel Beeler. Responses due by 9/8/2020. Replies due by 9/11/2020. (Attachments: #1 Declaration of Jinneng Bao, #2 Declaration of Ying Cao, #3 Declaration of Brent Coulter, #4 Declaration of Fangyi Duan, #5 Declaration of Elaine Peng, #6 Declaration of Xiao Zhang, #7 Declaration of Alex Alben, #8 Declaration of Erwin Chemerinksy, #9 Declaration of Spencer Cohen, #10 Declaration of Russell M. Jeung, #11 Declaration of Wanning Sun, #12 Declaration of Michael W. Bien, #13 Proposed Order)(Bien, Michael) (Filed on 8/28/2020) |
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Filing 16
Order by Magistrate Judge Laurel Beeler granting #14 Stipulation for Order Changing Time to Hear Plaintiffs' Motion for Preliminary Injunction and to Allow Memorandum of Points and Authorities in Excess of 25 Pages. (ejkS, COURT STAFF) (Filed on 8/28/2020)
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| Filing 15 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Initial Case Management Conference set for 11/19/2020 at 11:00 AM is reset to 9:30 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 8/28/2020) |
| Filing 14 STIPULATION WITH PROPOSED ORDER STIPULATED REQUEST FOR ORDER CHANGING TIME TO HEAR PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND TO ALLOW MEMORANDUM OF POINTS AND AUTHORITIES IN EXCESS OF 25 PAGES; [PROPOSED] ORDER filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Bien, Michael) (Filed on 8/27/2020) |
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Filing 13
Order by Magistrate Judge Laurel Beeler granting #12 Motion for Pro Hac Vice. Attorney Angus F. Ni representing Plaintiffs. (ejkS, COURT STAFF) (Filed on 8/27/2020)
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| Filing 12 MOTION for leave to appear in Pro Hac Vice of Angus Ni ( Filing fee $ 310, receipt number 0971-14869317.) Filing fee previously paid on 8/27/2020 filed by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang. (Attachments: #1 Exhibit Certificate of Good Standing)(Ni, Angus) (Filed on 8/27/2020) |
| Filing 11 CLERKS NOTICE SETTING ZOOM HEARING. Preliminary Injunction Hearing set for 9/17/2020 at 9:30 AM. Responses due by 9/8/2020. Replies due by 9/11/2020. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 8/26/ 2020) |
| Filing 10 NOTICE of Appearance by Michael Drezner (Drezner, Michael) (Filed on 8/26/2020) |
| Filing 9 NOTICE of Appearance by Stuart Justin Robinson on behalf of Defendants (Robinson, Stuart) (Filed on 8/26/2020) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wilbur Ross, Donald J. Trump.. (Orloff, Serena) (Filed on 8/26/2020) |
| Filing 7 NOTICE of Appearance by Serena M Orloff on behalf of Defendants (Orloff, Serena) (Filed on 8/26/2020) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, U.S. WeChat Users Alliance, Xiao Zhang.. (Bien, Michael) (Filed on 8/25/2020) |
| Filing 5 Summons Issued as to Wilbur Ross, Donald J. Trump. (mclS, COURT STAFF) (Filed on 8/24/2020) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/12/2020. Initial Case Management Conference set for 11/19/2020 11:00 AM. (mclS, COURT STAFF) (Filed on 8/24/2020) |
| Filing 3 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/8/2020. (haS, COURT STAFF) (Filed on 8/24/2020) |
| Filing 2 Proposed Summons. (Bien, Michael) (Filed on 8/21/2020) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-14848586.). Filed byElaine Peng, U.S. WeChat Users Alliance, Fangyi Duan, Brent Coulter, Xiao Zhang, Chihuo Inc., Jinneng Bao. (Attachments: #1 Civil Cover Sheet)(Bien, Michael) (Filed on 8/21/2020) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-14848586.). Filed byElaine Peng, U.S. WeChat Users Alliance, Fangyi Duan, Brent Coulter, Xiao Zhang, Chihuo Inc., Jinneng Bao. (Attachments: # 1 Civil Cover Sheet)(Bien, Michael) (Filed on 8/21/2020) |
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