VDARE Foundation, Inc. v. Facebook, Inc.
| VDARE Foundation, Inc. |
| Facebook Inc. |
| 3:2022cv04810 |
| August 22, 2022 |
| US District Court for the Northern District of California |
| Sallie Kim |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Both |
Docket Report
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This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 60 STIPULATION to Dismiss with Prejudice filed by VDARE Foundation, Inc.. (Shepard, Alex) (Filed on 11/21/2022) |
| Filing 59 MOTION to Dismiss Voluntarily filed by VDARE Foundation, Inc.. Motion Hearing set for 1/9/2023 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 12/2/2022. Replies due by 12/9/2022. (Attachments: #1 Exhibit 1 - Declaration of Peter Brimelow, #2 Proposed Order)(Shepard, Alex) (Filed on 11/18/2022) |
| Filing 58 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 11/21/2022 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/sk General Order 58. Persons granted access to court proceedings held by telephon e 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.) (mkl, COURT STAFF) (Filed on 11/16/2022) |
| Filing 57 CASE MANAGEMENT STATEMENT filed by VDARE Foundation, Inc.. (Shepard, Alex) (Filed on 11/14/2022) |
| Filing 56 NOTICE of Change of Address by Monder Khoury (Khoury, Monder) (Filed on 11/14/2022) |
| Filing 55 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Shepard, Alex) (Filed on 11/11/2022) |
| Filing 54 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Khoury, Monder) (Filed on 11/3/2022) |
| Filing 53 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by VDARE Foundation, Inc... (Shepard, Alex) (Filed on 11/3/2022) |
| Filing 52 Certificate of Interested Entities by VDARE Foundation, Inc. (Shepard, Alex) (Filed on 11/3/2022) |
| Filing 51 NOTICE of Appearance by Alex James Shepard (Shepard, Alex) (Filed on 11/3/2022) |
| Filing 50 CLERK'S SECOND NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 11/3/2022. 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. Consent/Declination due by 11/3/2022. (mkl, COURT STAFF) (Filed on 10/20/2 022) |
| Filing 49 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 10/18/2022. 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. Consent/Declination due by 10/18/2022. (mkl, COURT STAFF) (Filed on 10/4/2022) |
| Filing 48 Certificate of Interested Entities by Facebook Inc. (Rosenfeld, James) (Filed on 10/3/2022) |
| Filing 47 ANSWER to Complaint with Jury Demand byFacebook Inc.. (Rosenfeld, James) (Filed on 10/3/2022) |
| Filing 46 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Facebook Inc... (Khoury, Monder) (Filed on 9/6/2022) |
| Filing 45 STIPULATION For Extension of Time For Defendant Meta Platforms, Inc., f/k/a Facebook, Inc. to Respond to Plaintiff's Complaint filed by Facebook Inc.. (Khoury, Monder) (Filed on 9/6/2022) |
Filing 44
ORDER by Magistrate Judge Sallie Kim granting #42 Motion for Pro Hac Vice. (sklc2, COURT STAFF) (Filed on 9/1/2022)
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Filing 43
ORDER by Magistrate Judge Sallie Kim granting #41 Motion for Pro Hac Vice. (sklc2, COURT STAFF) (Filed on 9/1/2022)
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| Filing 42 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number BCANDC-17490380.) filed by Facebook Inc.. (Levine, Amanda) (Filed on 8/30/2022) |
| Filing 41 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number BCANDC-17488256) filed by Facebook Inc.. (Rosenfeld, James) (Filed on 8/29/2022) |
| Filing 40 NOTICE of Appearance by Monder Khoury (Khoury, Monder) (Filed on 8/29/2022) |
| Filing 39 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/14/2022. Initial Case Management Conference set for 11/21/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (slh, COURT STAFF) (Filed on 8/22/2022) |
| Filing 38 Case transferred in from District of New York Southern; Case Number 1:21-cv-03933. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of California.(ate) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 8/15/2022. Frederick Kelly for Plaintiff. James Rosenfeld for Defendant. The motion to transfer is GRANTED. See Docket Number 37 for complete details. (tdh) |
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Filing 37
ORDER granting #26 Motion to Change Venue. For the reasons stated on the record at today's hearing, Defendant's motion to transfer is granted. The Clerk of Court is directed to terminate ECF No. 26, to transfer this action to the United States District Court for the Northern District of California, and to close the case on this Court's docket. (Signed by Judge Andrew L. Carter, Jr on 8/15/2022) (ate) Transmission to Office of the Clerk of Court for processing.
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Filing 36
ORDER: The Court will hold a telephone conference in this case on August 15, 2022 at 1:00 p.m. The Parties should contact the court at 1-888-363-4749 (Access Code: 3768660). Members of the public and the press may use the same dial-in information. ( Telephone Conference set for 8/15/2022 at 01:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 8/2/2022) (ate)
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| Filing 35 LETTER addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 2/18/2022 re: Supplemental Authority. Document filed by Facebook, Inc.. (Attachments: #1 Attachment).(Rosenfeld, James) |
| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #26 MOTION to Change Venue . . Document filed by Facebook, Inc...(Rosenfeld, James) |
| Filing 33 MEMORANDUM OF LAW in Opposition re: #26 MOTION to Change Venue . . Document filed by VDARE Foundation, Inc...(Kelly, Frederick) |
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Filing 32
AMENDED ORDER re: #31 Memo Endorsement. Due to a clerical error, the Order at ECF No. 31 adjourned Plaintiff's opposition to January 13, 2022, instead of the requested date of January 27, 2022. The Court hereby amends the Order at ECF No. 31 and extends the opposition deadline to January 27, 2022. Defendant's reply remains due by February 10, 2022. SO ORDERED. ( Responses due by 1/27/2022, Replies due by 2/10/2022.) (Signed by Judge Andrew L. Carter, Jr on 12/22/2021) (tg)
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| Filing 31 MEMO ENDORSEMENT on re: #30 Letter filed by VDARE Foundation, Inc. ENDORSEMENT: Application GRANTED. Opposition due 1/13/2022. Reply due 2/10/22. ( Responses due by 1/13/2022, Replies due by 2/10/2022.) (Signed by Judge Andrew L. Carter, Jr on 12/22/2021) (ate) |
| Filing 30 LETTER addressed to Judge Andrew L. Carter, Jr. from Frederick C. Kelly, Esq. dated December 21, 2021 re: Adjournment of Opposition on Motion to Transfer. Document filed by VDARE Foundation, Inc...(Kelly, Frederick) |
| Filing 29 DECLARATION of Kathleen Farley in Support re: #26 MOTION to Change Venue .. Document filed by Facebook, Inc.. (Attachments: #1 Exhibit 1).(Farley, Kathleen) |
| Filing 28 DECLARATION of Jennifer Allen in Support re: #26 MOTION to Change Venue .. Document filed by Facebook, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Rosenfeld, James) |
| Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Change Venue . . Document filed by Facebook, Inc...(Rosenfeld, James) |
| Filing 26 MOTION to Change Venue . Document filed by Facebook, Inc...(Rosenfeld, James) |
| Filing 25 NOTICE OF APPEARANCE by Kathleen Farley on behalf of Facebook, Inc...(Farley, Kathleen) |
| Filing 24 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Meta Platforms, Inc. for Facebook, Inc.. Document filed by Facebook, Inc...(Rosenfeld, James) |
| Filing 23 NOTICE of Corporate Name Change. Document filed by Facebook, Inc...(Rosenfeld, James) |
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Filing 22
ORDER terminating #15 Letter Motion for Conference re: #15 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 9/29/2021. The Court is in receipt of Defendant Facebook Inc.'s letter motion for a pre-motion conference regarding an anticipated motion to transfer and Plaintiff VDARE Foundation Inc.'s opposition. ECF Nos. 15 and 21. The Court DENIES Defendant's request for a pre-motion conference and GRANTS Defendant leave to file a motion to transfer venue. The Court sets the following briefing schedule: Defendant's Opening Brief: December 16, 2021. Plaintiff's Opposition Brief: January 6, 2022. Defendant's Reply Brief: January 13, 2022. Defendant's deadline to move or answer is stayed pending a decision on the motion to transfer. The Clerk of Court is respectfully directed to terminate ECF No. 15. (Signed by Judge Andrew L. Carter, Jr on 11/18/2021) (ate)
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| Set/Reset Deadlines: Motions due by 12/16/2021. Responses due by 1/6/2022. Replies due by 1/13/2022. (ate) |
| Filing 21 LETTER addressed to Judge Andrew L. Carter, Jr. from Frederick C. Kelly, Esq. dated November 17, 2021 re: Defendant's Request for Pre-motion Conference. Document filed by VDARE Foundation, Inc...(Kelly, Frederick) |
| ***NOTICE TO ATTORNEY REGARDING PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Frederick Kelly regarding Document No. #17 Proposed Clerk's Certificate of Default. The filing is rejected for the following reason(s): Defendant was granted an extension of time to answer. (km) |
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Filing 20
ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021., #19 LETTER MOTION for Extension of Time to File addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 11/8/2021. ; terminating #19 Letter Motion for Extension of Time to File. The Court is in receipt of Defendant Facebook Inc.'s submission regarding an extension of time to file its answer or respond to Plaintiff VDARE Foundation, Inc.'s complaint, and Plaintiff's opposition to this request. See ECF Nos. 9,10,12,13,14. Defendant's request is hereby GRANTED. Defendant's response is due by Friday, December 3, 2021. In light of Defendant's applications for an extension and the instant Order, Plaintiff's request to the Clerk of Court for a Certificate of Default is improper. ECF No. 17. The Court is also in receipt of Defendant's letter motion for a pre-motion conference regarding an anticipated motion to transfer. ECF No. 15. As of date, the Court has not received Plaintiff's response. Plaintiff is ordered to respond to Defendant's request no later than Wednesday, November 17, 2021. Defendant's deadline to move or answer is stayed pending a decision on the request for a pre-motion conference. The Clerk of Court is respectfully directed to terminate ECF Nos. 9 and 19. (Signed by Judge Andrew L. Carter, Jr on 11/12/2021) (ate)
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| Set/Reset Deadlines: Responses due by 11/17/2021. (ate) |
| Filing 19 LETTER MOTION for Extension of Time to File addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 11/8/2021. Document filed by Facebook, Inc...(Rosenfeld, James) |
| Filing 18 AFFIDAVIT of Frederick C. Kelly re: #17 Proposed Clerk's Certificate of Default . Document filed by VDARE Foundation, Inc...(Kelly, Frederick) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by VDARE Foundation, Inc...(Kelly, Frederick) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/17/2021 (km). |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by VDARE Foundation, Inc.. (Attachments: #1 Affidavit Certification in Support of Request for Certificate of Default).(Kelly, Frederick) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/5/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Frederick Kelly. RE-FILE Document No. #16 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The documents are not filed correctly, they need to be filed separately. Please refer to ECF Rule 16.1. (km) |
| Filing 15 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 9/29/2021. Document filed by Facebook, Inc...(Rosenfeld, James) |
| Filing 14 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Frederick C. Kelly, Esq. on behalf of Plaintiff VDARE dated September 29, 2021 re: #9 FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021. . Document filed by VDARE Foundation, Inc.. (Attachments: #1 Exhibit Proposed Draft Letter of Agreement dated July 16, 2021, with Plaintiff's redlines, #2 Exhibit Email Thread of Defense Counsel dated July 16, 2021).(Kelly, Frederick) |
| Filing 13 LETTER RESPONSE in Support of Motion addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 9/27/2021 re: #9 FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021. *Corrected*. Document filed by Facebook, Inc.. (Attachments: #1 Exhibit 1).(Rosenfeld, James) |
| Filing 12 LETTER RESPONSE in Support of Motion addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 9/27/2021 re: #9 FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021. . Document filed by Facebook, Inc...(Rosenfeld, James) |
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Filing 11
ORDER TO RESPOND: Facebook is hereby ORDERED to respond to Plaintiff VDARE Foundation, Inc.'s ("VDARE") letter in opposition, ECF No. 10, no later than September 27, 2021. VDARE may file a response (if any) no later than September 29, 2021. ( Responses due by 9/29/2021) (Signed by Judge Andrew L. Carter, Jr on 9/24/2021) (ate)
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| Filing 10 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Frederick C. Kelly dated September 24, 2021 re: #9 FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021. . Document filed by VDARE Foundation, Inc.. (Attachments: #1 Exhibit, #2 Text of Proposed Order).(Kelly, Frederick) |
| Filing 9 FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021. Document filed by Facebook, Inc.. (Attachments: #1 Text of Proposed Order).(Rosenfeld, James) |
| Filing 8 AFFIDAVIT OF SERVICE. Facebook, Inc. served on 7/19/2021, answer due 8/9/2021. Service was accepted by New York Secretary of State (. Document filed by VDARE Foundation, Inc...(Kelly, Frederick) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Facebook, Inc...(jgo) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Facebook, Inc., re: #5 Complaint. Document filed by VDARE Foundation, Inc...(Kelly, Frederick) |
| Filing 5 COMPLAINT against Facebook, Inc.. Document filed by VDARE Foundation, Inc.. (Attachments: #1 Exhibit Facebook April 2020 Report).(Kelly, Frederick) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Frederick Charles Kelly to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): summons request must be linked to the properly filed pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 4 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Facebook, Inc., re: #1 Complaint,. Document filed by VDARE Foundation, Inc...(Kelly, Frederick) Modified on 6/2/2021 (jgo). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by VDARE Foundation, Inc...(Kelly, Frederick) |
| Filing 2 CIVIL COVER SHEET filed..(Kelly, Frederick) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Frederick Kelly. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Frederick Charles Kelly to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): All of the parties listed on the pleading were not entered on CM ECF AND the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading (add Facebook, Inc.) found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Facebook, Inc. added. Party added pursuant to #1 Complaint,.Document filed by VDARE Foundation, Inc.. Related document: #1 Complaint,..(Kelly, Frederick) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) |
| Case Designated ECF. (gp) |
| Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against VDARE Foundation, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24487299)Document filed by VDARE Foundation, Inc.. (Attachments: #1 Exhibit April 2020 Report).(Kelly, Frederick) Modified on 5/4/2021 (gp). |
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