Don't Tread on Us, LLC v. Twitter, Inc.
Plaintiff: Don't Tread on Us, LLC
Defendant: Twitter Inc.
Case Number: 3:2023cv02461
Filed: May 19, 2023
Court: US District Court for the Northern District of California
Presiding Judge: James Donato
Referring Judge: Kandis A Westmore
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2023 Opinion or Order Filing 42 ORDER. The hearings on the motion to dismiss, Dkt. No. 30, and the motion to remand, Dkt. No. 35, are continued to September 14, 2023, at 10:00 a.m. in San Francisco, Courtroom 11, 19th Floor. Signed by Judge James Donato on 7/11/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 7/11/2023)
July 7, 2023 Filing 41 REPLY (re #35 MOTION to Remand Based on Lack of Subject-Matter Jurisdiction and Request for Attorneys' Fees and Costs Caused by Improvident Removal ) filed byDon't Tread on Us, LLC. (Attachments: #1 Exhibit 1 (E. Beck Declaration))(Beck, Elizabeth) (Filed on 7/7/2023)
July 6, 2023 Filing 40 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byTwitter Inc.. (Attachments: #1 Exhibit A)(Related document(s) #30 ) (Trujillo-Jamison, Kenneth) (Filed on 7/6/2023)
June 30, 2023 Filing 39 OPPOSITION/RESPONSE (re #35 MOTION to Remand Based on Lack of Subject-Matter Jurisdiction and Request for Attorneys' Fees and Costs Caused by Improvident Removal ) filed byTwitter Inc.. (Trujillo-Jamison, Kenneth) (Filed on 6/30/2023)
June 28, 2023 Opinion or Order Filing 38 ORDER. The request for a stay, Dkt. No. 29, is denied. Signed by Judge James Donato on 6/28/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 6/28/2023)
June 23, 2023 Filing 37 REPLY (re #30 MOTION to Dismiss Plaintiff's Complaint Under Fed. R. Civ. P. 12(b)(6); Memorandum of Points & Authorities ) filed byTwitter Inc.. (Trujillo-Jamison, Kenneth) (Filed on 6/23/2023)
June 16, 2023 Filing 36 OPPOSITION/RESPONSE (re #30 MOTION to Dismiss Plaintiff's Complaint Under Fed. R. Civ. P. 12(b)(6); Memorandum of Points & Authorities ) filed byDon't Tread on Us, LLC. (Attachments: #1 Proposed Order Denying Defendant's Motion to Dismiss)(Beck, Elizabeth) (Filed on 6/16/2023)
June 16, 2023 Filing 35 MOTION to Remand Based on Lack of Subject-Matter Jurisdiction and Request for Attorneys' Fees and Costs Caused by Improvident Removal filed by Don't Tread on Us, LLC. Motion Hearing set for 7/27/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/30/2023. Replies due by 7/7/2023. (Attachments: #1 Exhibit 1 to Remand Motion, #2 Proposed Order to Remand Motion)(Beck, Elizabeth) (Filed on 6/16/2023)
June 6, 2023 #Electronic filing error. Judge initials are missing. Counsel need not re-file the document, but should reference the judge initials on future filings. Re: #34 Errata filed by Twitter Inc. (jml, COURT STAFF) (Filed on 6/6/2023)
June 6, 2023 Filing 34 ERRATA re #28 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18314592.) by Twitter Inc.. (Trujillo-Jamison, Kenneth) (Filed on 6/6/2023)
June 5, 2023 Filing 33 OPPOSITION/RESPONSE (re #29 ADMINISTRATIVE MOTION Stay Pending Outcome of Mandamus Proceeding in Eleventh Circuit Court of Appeals ) filed byTwitter Inc.. (Attachments: #1 Proposed Order Denying Plaintiff's Administrative Motion to Stay Pending Outcome of Mandamus Proceeding In Eleventh Circuit Court of Appeals)(Trujillo-Jamison, Kenneth) (Filed on 6/5/2023)
June 2, 2023 Filing 32 Declaration of Kenneth M. Trujillo-Jamison in Support of #31 Request for Judicial Notice, filed byTwitter Inc.. (Attachments: #1 Exhibit A)(Related document(s) #31 ) (Trujillo-Jamison, Kenneth) (Filed on 6/2/2023)
June 2, 2023 Filing 31 Request for Judicial Notice re #30 MOTION to Dismiss Plaintiff's Complaint Under Fed. R. Civ. P. 12(b)(6); Memorandum of Points & Authorities filed byTwitter Inc.. (Attachments: #1 Exhibit A)(Related document(s) #30 ) (Trujillo-Jamison, Kenneth) (Filed on 6/2/2023)
June 2, 2023 Filing 30 MOTION to Dismiss Plaintiff's Complaint Under Fed. R. Civ. P. 12(b)(6); Memorandum of Points & Authorities filed by Twitter Inc.. Motion Hearing set for 7/13/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/16/2023. Replies due by 6/23/2023. (Attachments: #1 Proposed Order Granting Defendant's Motion to Dismiss Plaintiff's Complaint)(Trujillo-Jamison, Kenneth) (Filed on 6/2/2023)
June 1, 2023 Filing 29 ADMINISTRATIVE MOTION Stay Pending Outcome of Mandamus Proceeding in Eleventh Circuit Court of Appeals filed by Don't Tread on Us, LLC. Responses due by 6/5/2023. (Attachments: #1 Exhibit Ex 1 (Petition for Writ of Mandamus), #2 Declaration Ex 2 Declaration of Elizabeth Lee Beck, #3 Proposed Order Ex 3 (Proposed Order))(Beck, Elizabeth) (Filed on 6/1/2023)
May 31, 2023 Filing 28 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18314592.) filed by Twitter, Inc.. (Attachments: #1 Certificate of Good Standing)(Webb, Joshua) (Filed on 5/31/2023) Modified on 6/5/2023 (jml, COURT STAFF).
May 31, 2023 Opinion or Order Filing 27 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Kandis A. Westmore 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 Clerk on 05/31/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 5/31/2023)
May 30, 2023 Filing 26 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. (wft, COURT STAFF) (Filed on 5/30/2023)
May 30, 2023 Filing 25 NOTICE of Appearance by Kenneth Michael Trujillo-Jamison for Defendant (Trujillo-Jamison, Kenneth) (Filed on 5/30/2023)
May 30, 2023 Filing 24 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Don't Tread on Us, LLC.. (Beck, Elizabeth) (Filed on 5/30/2023)
May 19, 2023 Filing 23 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendant shall file a consent or declination to proceed before a magistrate judge. 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 6/2/2023. (wft, COURT STAFF) (Filed on 5/19/2023)
May 19, 2023 Filing 22 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/15/2023. Initial Case Management Conference set for 8/22/2023 01:30 PM in Oakland, - To be determined. (jml, COURT STAFF) (Filed on 5/19/2023)
May 19, 2023 Filing 21 Case transferred in from District of Florida Southern; Case Number 1:23-cv-20943. Original file certified copy of transfer order and docket sheet received.
May 18, 2023 Opinion or Order Filing 20 ORDER ON MOTION TO TRANSFER. (Closing Case). Defendants' Motion to Transfer to the Northern District of California (ECF No. 64) is GRANTED.The above-captioned case is hereby TRANSFERRED to the Northern District of California. This Case Must Be Transferred to the Northern District of California Pursuant to the Forum-Selection Clause in Twitter's User Agreement.The Clerk of Court is hereby INSTRUCTED to TRANSFER the docket and record of the above-captioned case to the Clerk of Court for the Northern District of California.The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Motions terminated: #10 Plaintiff's MOTION to Remand to State Court Based on Lack of Subject-Matter JurisdictionPlaintiff's MOTION for Attorney Fees and Costs Caused by Improvident Removal filed by Don't Tread on Us, LLC, #6 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Twitter, Inc., #5 Motion to Transfer and Incorporated Memorandum of Law filed by Twitter, Inc.. Signed by Judge K. Michael Moore on 5/18/2023. See attached document for full details. (nan)
May 12, 2023 Opinion or Order Filing 19 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #18 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Extension of Time #18 is GRANTED. The Parties shall file the joint scheduling report on or before May 26, 2023. Signed by Judge K. Michael Moore (rfr)
May 12, 2023 Filing 18 Joint MOTION for Extension of Time to File Joint Scheduling Report re 3 Pretrial Order,,,,,,,,,,,,,,,,,,,, by Twitter, Inc.. Responses due by 5/26/2023 (Webb, Joshua)
May 12, 2023 Reset Deadlines: Joint Scheduling Report due by 5/26/2023 (ls)(per DE #19)
April 18, 2023 Filing 17 Plaintiff's REPLY to Response to Motion re #10 Plaintiff's MOTION to Remand to State Court Based on Lack of Subject-Matter JurisdictionPlaintiff's MOTION for Attorney Fees and Costs Caused by Improvident Removal filed by Don't Tread on Us, LLC. (Attachments: #1 Exhibit 1 (E. Beck Declaration))(Beck, Jared)
April 11, 2023 Filing 16 RESPONSE in Opposition re #10 Plaintiff's MOTION to Remand to State Court Based on Lack of Subject-Matter JurisdictionPlaintiff's MOTION for Attorney Fees and Costs Caused by Improvident Removal filed by Twitter, Inc.. Replies due by 4/18/2023. (Webb, Joshua)
April 5, 2023 Filing 15 REPLY to Response to Motion re #6 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Twitter, Inc.. (Webb, Joshua)
April 5, 2023 Filing 14 REPLY to Response to Motion re #5 Motion to Transfer and Incorporated Memorandum of Law filed by Twitter, Inc.. (Webb, Joshua)
April 5, 2023 Filing 13 Amended Corporate Disclosure Statement by Twitter, Inc. identifying Corporate Parent X Holdings Corp., Other Affiliate X Corp. for Twitter, Inc. (Webb, Joshua)
March 29, 2023 Filing 12 RESPONSE in Opposition re #5 Motion to Transfer and Incorporated Memorandum of Law filed by Don't Tread on Us, LLC. Replies due by 4/5/2023. (Beck, Jared)
March 29, 2023 Filing 11 RESPONSE in Opposition re #6 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Don't Tread on Us, LLC. Replies due by 4/5/2023. (Beck, Jared)
March 28, 2023 Filing 10 Plaintiff's MOTION to Remand to State Court Based on Lack of Subject-Matter Jurisdiction, Plaintiff's MOTION for Attorney Fees and Costs Caused by Improvident Removal ( Responses due by 4/11/2023) by Don't Tread on Us, LLC. (Attachments: #1 Declaration of Jared Beck in Support of Plaintiff's Motion to Remand)(Beck, Jared)
March 28, 2023 Filing 9 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Don't Tread on Us, LLC (Beck, Jared)
March 16, 2023 Filing 8 Corporate Disclosure Statement by Twitter, Inc. identifying Corporate Parent X Holdings I, Inc. for Twitter, Inc. (Webb, Joshua)
March 15, 2023 Filing 7 Clerk's Notice to Filer re #5 Motion for Miscellaneous Relief. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (jas)
March 15, 2023 Filing 6 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by TWITTER, INC.. Responses due by 3/29/2023 (Attachments: #1 Exhibit 1)(Webb, Joshua)
March 15, 2023 Filing 5 MOTION to Transfer by TWITTER, INC.. (Attachments: #1 Exhibit 1)(Webb, Joshua) Modified Motion Relief on 3/16/2023 (jas).
March 10, 2023 Opinion or Order Filing 4 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 3/10/2023. (rfr)
March 10, 2023 Opinion or Order Filing 3 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 3/10/2023. (rfr)
March 9, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (aao)
March 9, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-16411828, filed by TWITTER, INC.. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)No Answer/Motion to Dismiss. (Webb, Joshua) Modified on 3/10/2023 (aao).

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Plaintiff: Don't Tread on Us, LLC
Represented By: Elizabeth Lee Beck
Represented By: Jared H. Beck
Represented By: Joshua Clark Webb
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Defendant: Twitter Inc.
Represented By: Joshua Clark Webb
Represented By: Kenneth Michael Trujillo-Jamison
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