Huber v. Biden et al
| Colleen Huber |
| Joseph Biden, Jr., Twitter Incorporated, Jack Dorsey and Unknown Parties |
| 3:2021cv06580 |
| August 26, 2021 |
| US District Court for the Northern District of California |
| Edward M Chen |
| Jacqueline Scott Corley |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.
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| Filing 65 JUDGMENT. Signed by Judge Edward M. Chen on 3/18/2022. (emcsec, COURT STAFF) (Filed on 3/18/2022) |
Filing 64
ORDER by Judge Edward M. Chen Granting #48 #49 Defendants' Motions to Dismiss First Amended Complaint. (emcsec, COURT STAFF) (Filed on 3/18/2022)
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Filing 63
Order. Signed 3/10/2022 by Judge Edward M. Chen granting #62 Stipulation to Extend Initial Case Management Conference and Related Deadlines.(klh, COURT STAFF) (Filed on 3/10/2022)
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| See Order #63 Set Deadlines/Hearings: Case Management Statement due by 5/23/2022. Initial Case Management Conference set for 5/31/2022 01:30 PM 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/emcGeneral 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/. (klh, COURT STAFF) (Filed on 3/10/2022) |
| Filing 62 JOINT STIPULATION WITH [PROPOSED] ORDER to Extend Initial Case Management Conference and Related Deadlines re #55 Order on Stipulation filed by Jack Dorsey, Twitter Incorporated. (Burman, David) (Filed on 3/7/2022) |
| Filing 61 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byJack Dorsey, Twitter Incorporated. (Related document(s) #49 ) (Burman, David) (Filed on 2/3/2022) |
| Filing 60 ERRATA re #58 Reply to Opposition/Response by Jack Dorsey, Twitter Incorporated. (Attachments: #1 Amended Reply in Support of Motion to Dismiss First Amended Complaint and Memorandum of Points and Authorities in Support Thereof)(Burman, David) (Filed on 1/19/2022) |
| Filing 59 CLERK'S NOTICE Continuing Motion Hearing as to #49 MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities in Support Thereof, #48 MOTION to Dismiss First Amended Complaint. Motion Hearing reset from 2/3/2022 to 2/4/2022 10:00 AM in San Francisco, - Videoconference Only before Judge Edward M. Chen. 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/emcGeneral 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/. Motion Hearing set for 2/4/2022 10:00 AM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 1/19/2022) |
| Filing 58 REPLY (re #49 MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities in Support Thereof ) filed byJack Dorsey, Twitter Incorporated. (Burman, David) (Filed on 1/18/2022) |
| Filing 57 REPLY (re #48 MOTION to Dismiss First Amended Complaint ) filed byJoseph Biden, Jr. (Ong, Emmet) (Filed on 1/18/2022) |
| Filing 56 OPPOSITION/RESPONSE (re #49 MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities in Support Thereof, #48 MOTION to Dismiss First Amended Complaint ) with proposed order filed byColleen Huber. (Yerushalmi, David) (Filed on 12/19/2021) |
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Filing 55
ORDER GRANTING #53 STIPULATION TO EXTEND INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. Joint Case Management Statement due by 3/22/2022. Initial Case Management Conference set for 3/29/2022 01:30 PM in San Francisco, - Videoconference Only. Signed by Judge Edward M. Chen on 11/22/2021.(afm, COURT STAFF) (Filed on 11/22/2021)
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| Filing 54 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 11/17/2021) |
| Filing 53 STIPULATION AND [PROPOSED] ORDER to Extend Initial Case Management Conference and Related Deadlines (Joint) filed by Jack Dorsey, Twitter Incorporated. (Fahringer, Susan) (Filed on 11/15/2021) |
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Filing 52
ORDER GRANTING #51 JOINT STIPULATION FOR PLAINTIFF TO FILE SINGLE RESPONSE TO DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT AND TO PERMIT EXCESS PAGES. Signed by Judge Edward M. Chen on 11/12/2021. (afm, COURT STAFF) (Filed on 11/12/2021)
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| Filing 51 JOINT STIPULATION FOR PLAINTIFF TO FILE SINGLE RESPONSE TO DEFENDANTS MOTIONS TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT AND TO PERMIT EXCESS PAGES re #49 MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities in Support Thereof, re #48 MOTION to Dismiss First Amended Complaint filed by Colleen Huber. (Yerushalmi, David) (Filed on 11/11/2021) |
| Filing 50 Request for Judicial Notice in Support of re #49 MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities in Support Thereof filed by Jack Dorsey, Twitter Incorporated. (Attachments: #1 Proposed Order)(Related document(s) #49 ) (Burman, David) (Filed on 11/8/2021) |
| Filing 49 MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities in Support Thereof filed by Jack Dorsey, Twitter Incorporated. Motion Hearing set for 2/3/2022 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 12/21/2021. Replies due by 1/18/2022. (Attachments: #1 Proposed Order, #2 Declaration of David Burman, #3 Exhibit A - COVID-19 misleading information policy, #4 Exhibit B - Twitter Terms of Service)(Burman, David) (Filed on 11/8/2021) Modified on 11/9/2021 (tn, COURT STAFF). |
| Filing 48 MOTION to Dismiss First Amended Complaint filed by Joseph Biden, Jr. Motion Hearing set for 2/3/2022 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 12/21/2021. Replies due by 1/18/2022. (Attachments: #1 Exhibit A - Reuters article, #2 Exhibit B - Verge article, #3 Proposed Order)(Ong, Emmet) (Filed on 11/8/2021) |
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Filing 47
ORDER by Judge Edward M. Chen GRANTING #46 STIPULATION TO SET BRIEFING SCHEDULE. Replies due by 1/18/2022. Opposition due by 12/21/2021. (cl, COURT STAFF) (Filed on 11/5/2021)
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| Filing 46 STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE filed by Joseph Biden, Jr. (Ong, Emmet) (Filed on 11/3/2021) |
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Filing 45
ORDER by Judge Edward M. Chen granting #44 Motion for Pro Hac Vice. (afm, COURT STAFF) (Filed on 10/31/2021)
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| Filing 44 MOTION for leave to appear in Pro Hac Vice for Attorney Robert J. Muise, (Filing Fee: $317.00, receipt number ACANDC-16568083) filed by Colleen Huber. (Attachments: #1 Certificate of Good Standing)(Muise, Robert) (Filed on 10/29/2021) |
| Filing 43 FIRST AMENDED CLASS ACTION COMPLAINT AND JURY TRIAL DEMANDED against All Defendants. Filed by Colleen Huber. (Yerushalmi, David) (Filed on 10/25/2021) |
| Filing 42 CLERK'S NOTICE RESCHEDULING HEARING RE: #38 #39 FROM 11/18/2021 TO SPECIALLY SET DATE 11/22/2021 AT 1:30PM: Hearing re #39 MOTION to Dismiss , #38 MOTION to Dismiss is specially reset for 11/22/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. 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/emcGeneral 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/. Motion Hearing set for 11/22/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 10/20/2021) |
| Filing 41 NOTICE by Colleen Huber of Service of Standing Orders (Yerushalmi, David) (Filed on 10/20/2021) |
| Filing 40 Request for Judicial Notice in Support of re #39 MOTION to Dismiss filed by Jack Dorsey, Twitter Incorporated. (Attachments: #1 Proposed Order)(Related document(s) #39 ) (Burman, David) (Filed on 10/12/2021) |
| Filing 39 NOTICE OF MOTION AND MOTION TO DISMISS AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Jack Dorsey, Twitter Incorporated. Motion Hearing set for 11/18/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 10/26/2021. Replies due by 11/2/2021. (Attachments: #1 Declaration David J. Burman, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Burman, David) (Filed on 10/12/2021) |
| Filing 38 MOTION to Dismiss filed by Joseph Biden, Jr. Motion Hearing set for 11/18/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 10/26/2021. Replies due by 11/2/2021. (Attachments: #1 Exhibit A - Reuters article, #2 Exhibit B - Verge article, #3 Proposed Order)(Ong, Emmet) (Filed on 10/12/2021) |
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Filing 37
ORDER by Judge Edward M. Chen granting #35 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 9/29/2021)
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Filing 36
ORDER by Judge Edward M. Chen granting #34 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 9/29/2021)
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| Filing 35 MOTION for leave to appear in Pro Hac Vice David Burman, (Filing Fee: $317.00, receipt number 0971-16443289) filed by Jack Dorsey, Twitter Incorporated. (Burman, David) (Filed on 9/29/2021) |
| Filing 34 MOTION for leave to appear in Pro Hac Vice (Ryan Spear), (Filing Fee: $317.00, receipt number 0971-16442962) filed by Jack Dorsey, Twitter Incorporated. (Spear, Ryan) (Filed on 9/29/2021) |
| Filing 33 NOTICE of Appearance by Abby L Bloetscher for Defendants Twitter, Inc. and Jack Dorsey (Bloetscher, Abby) (Filed on 9/28/2021) |
| Filing 32 CERTIFICATION OF INTERESTED ENTITIES OR PERSONS [CIVIL RULE 3-15] filed by Colleen Huber (Yerushalmi, David) (Filed on 9/20/2021) |
| Filing 31 CERTIFICATION OF INTERESTED ENTITIES OR PERSONS [CIVIL RULE 3-15] filed by Twitter Incorporated (Fahringer, Susan) (Filed on 9/20/2021) |
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Filing 30
CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 12/7/2021 01:30 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 11/30/2021. Signed by Judge Edward M. Chen on 9/20/2021. (afmS, COURT STAFF) (Filed on 9/20/2021)
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Filing 29
ORDER by Judge Edward M. Chen granting #28 Stipulation to Extend Defendants' Response Deadline. Response due 10/12/2021. (afmS, COURT STAFF) (Filed on 9/19/2021)
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| Filing 28 JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEFENDANTS RESPONSE DEADLINE [Civil Rules 6-2 & 7-12] re #1 Complaint filed by Jack Dorsey, Twitter Incorporated. (Fahringer, Susan) (Filed on 9/17/2021) |
| Filing 27 NOTICE of Substitution of Counsel by Emmet P. Ong (Ong, Emmet) (Filed on 9/9/2021) |
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Filing 26
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 9/9/21. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 9/9/2021)
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| Filing 25 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 9/9/2021) |
| Filing 24 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Colleen Huber.. (Yerushalmi, David) (Filed on 9/8/2021) |
| Filing 23 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants shall file a consent or declination to proceed before a magistrate judge by September 10, 2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 8/27/2021) |
| Filing 22 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/25/2021. Initial Case Management Conference set for 12/2/2021 01:30 PM in San Francisco, Courtroom E, 15th Floor. (hdjS, COURT STAFF) (Filed on 8/26/2021) |
| Filing 21 Case transferred in from District of Arizona; Case Number 2:21-cv-00936. Original file certified copy of transfer order and docket sheet received. |
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Filing 20
ORDER - IT IS ORDERED that the Parties' Stipulation to Transfer Venue and Extend Defendants' Time to Respond to Complaint (Doc. #18 ) is granted. IT IS FURTHER ORDERED that this case be transferred to the U.S. District Court for the Northern District of California (San Francisco division), and that the time for Defendants President Joseph Biden, Jr., Twitter, Inc., and Jack Dorsey to respond to the complaint shall be extended from August 30, 2021 to 30 days after notice from the Northern District of California that transfer is complete, or to an alternative date set by the transferee court. Signed by Judge Dominic W Lanza on 8/25/2021. (LAD)
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| Filing 19 NOTICE re: Expedited Consideration by Jack Dorsey, Twitter Incorporated re: #18 Stipulation to Transfer Venue and Extend Defendants' Time to Respond to Complaint. (Mais, Joseph) |
| Filing 18 STIPULATION to Transfer Venue and Extend Defendants' Time to Respond to Complaint by Jack Dorsey, Twitter Incorporated. (Attachments: #1 Proposed Order)(Mais, Joseph) |
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Filing 17
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #16 ) is granted. The deadline for the parties to hold a Rule 26(f) conference is extended to September 13, 2021. Ordered by Judge Dominic W Lanza on 8/13/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 16 STIPULATION to Extend Rule 26(f) Conference Deadline by Jack Dorsey, Twitter Incorporated. (Attachments: #1 Text of Proposed Order)(Mais, Joseph) |
| Remark: Pro hac vice motion(s) granted for David J Burman on behalf of Defendants Jack Dorsey, Twitter Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Susan D Fahringer on behalf of Defendants Jack Dorsey, Twitter Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Ryan Spear on behalf of Defendants Jack Dorsey, Twitter Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 15
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #13 ) is granted. The deadline for Twitter, Inc. and Jack Dorsey to respond to the complaint is extended to August 30, 2021. Ordered by Judge Dominic W Lanza on 7/26/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Remark: Pro hac vice motion(s) granted for Ellie Francis Chapman on behalf of Defendants Jack Dorsey, Twitter Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 14 Corporate Disclosure Statement by Jack Dorsey, Twitter Incorporated. (Mais, Joseph) |
| Filing 13 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Jack Dorsey, Twitter Incorporated. (Attachments: #1 Text of Proposed Order)(Mais, Joseph) |
| Filing 12 NOTICE of Appearance by Joseph E Mais on behalf of Jack Dorsey, Twitter Incorporated. (Mais, Joseph) |
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Filing 11
ORDER: IT IS ORDERED that President Biden's unopposed motion for extension of time (Doc. #10 ) is granted. The deadline for President Biden to respond to the complaint is extended to August 30, 2021. Ordered by Judge Dominic W Lanza on 7/22/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 10 First MOTION for Extension of Time to File Answer re: #1 Complaint by Joseph Biden, Jr. (Attachments: #1 Text of Proposed Order)(Staes, William) |
| Filing 9 *SERVICE EXECUTED filed by Colleen Huber: Proof of Service re: Summons and Complaint upon Jack Dorsey on 7/20/2021. (Yerushalmi, David)(Note by Clerk-Unsure if this is proper service) *Modified on 7/22/2021 (MHW). |
| Filing 8 SERVICE EXECUTED filed by Colleen Huber: Proof of Service re: Summons and Complaint upon Twitter, Inc. on 07/08/2021. (Yerushalmi, David) |
| Filing 7 *NOTICE OF MAILING of Summons and Complaint filed by Colleen Huber upon Joseph Biden, Jr., in his official capacity as President of the United States of America and the United States of America on 6/01/2021. (Yerushalmi, David) *Modified to correct event on 6/16/2021 (MHW). |
| Remark: Pro hac vice motion(s) granted for Robert Joseph Muise on behalf of Plaintiff Colleen Huber. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 6 *NOTICE of Mailing re: Preliminary Order (Dkt. No. 5) upon All Defendants on 6/1/2021 filed by Colleen Huber: (Attachments: #1 Exhibit 1)(Yerushalmi, David) *Modified to correct text on 6/3/2021 (MHW). |
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Filing 5
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant (s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on August 27, 2021, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 5/28/21. (MAW)
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| Filing 4 Summons Issued as to Joseph Biden, Jr, Jack Dorsey, Twitter Incorporated. (Attachments: #1 Summons, #2 Summons)(JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number 0970-19511584. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-21-936-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) |
| Filing 2 SUMMONS Submitted by Colleen Huber. (Yerushalmi, David) (Attachments: #1 Summons, #2 Summons)(JAM) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19511584 filed by Colleen Huber. (Yerushalmi, David) (Attachments: #1 Civil Cover Sheet)(JAM) |
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