Texas Nationalist Movement et al v. Meta Platforms, Inc.
| Texas Nationalist Movement and Daniel Miller |
| Meta Platforms Inc. |
| State of Texas |
| 3:2023cv04564 |
| September 6, 2023 |
| US District Court for the Northern District of California |
| Araceli Martinez-Olguin |
| Kandis A Westmore |
| Other Statutory Actions |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
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| Case Stayed (ads, COURT STAFF) (Filed on 10/10/2023) |
Filing 63
ORDER GRANTING #61 STIPULATION TO STAY CASE. All pending motions are terminated subject to re-submission once the stay is lifted. Signed by Judge Araceli Martinez-Olguin on October 6, 2023. (amolc1, COURTSTAFF) (Filed on 10/6/2023)
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| Filing 62 CERTIFICATE OF SERVICE by Meta Platforms Inc. re #61 STIPULATION WITH PROPOSED ORDER Requesting A Stay In Light Of Grant Of Certiorari In Netchoice LLC v. Paxton (Cooper, Philip) (Filed on 10/3/2023) |
| Filing 61 STIPULATION WITH PROPOSED ORDER Requesting A Stay In Light Of Grant Of Certiorari In Netchoice LLC v. Paxton filed by Meta Platforms Inc.. (Attachments: #1 Proposed Order)(Cooper, Philip) (Filed on 10/3/2023) |
| Filing 60 CERTIFICATE OF SERVICE by Meta Platforms Inc. Standing Order For All Judges Of the Northern District Of California and Standing Order For Civil Cases Before District Judge Araceli Martinez-Olguin (Cooper, Philip) (Filed on 9/25/2023) |
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Filing 59
Order by Judge Araceli Martinez-Olguin granting #50 Motion for Pro Hac Vice as to Philip M. Cooper. (ads, COURT STAFF) (Filed on 9/25/2023)
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Filing 58
Order by Judge Araceli Martinez-Olguin granting #49 Motion for Pro Hac Vice as to Taj J. Clayton. (ads, COURT STAFF) (Filed on 9/25/2023)
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| Filing 57 Clerk's Notice Scheduling Case Management Conference. You are noticed that the Court has scheduled an Initial Case Management Conference before Judge Araceli Martinez-Olguin upon reassignment. For a copy of Judge Martinez-Olguin's Standing Order and other information, please refer to the Court's website at #https://www.cand.uscourts.gov/judges/martinez-olguin-araceli-amo/. Case Management Statement due by 1/11/2024. Initial Case Management Conference set for 1/18/2024 at 10:00 AM in San Francisco, Courtroom 10, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 9/22/2023) |
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Filing 56
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Araceli Martinez-Olguin for all further proceedings. Judge Trina L Thompson 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 9/22/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 9/22/2023)
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Filing 55
ORDER OF RECUSAL. Signed by Judge Trina L. Thompson on 9/22/2023. (rfm, COURT USER) (Filed on 9/22/2023)
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| Filing 54 CLERKS NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Trina L. Thompson upon reassignment. For a copy of Judge Thompson's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Initial Case Management Conference set for 12/14/2023 at 2:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 12/7/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/trina-l-thompson/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.) (rfm, COURT USER) (Filed on 9/22/2023) |
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Filing 53
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Trina L Thompson for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Signed by The Clerk on 9/22/2023. (bar, COURT STAFF) (Filed on 9/22/2023)
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| Filing 52 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 9/22/2023) |
| Filing 51 CERTIFICATE OF SERVICE by Meta Platforms Inc. re #46 Notice of Appearance, #48 Consent/Declination to Proceed Before a US Magistrate Judge, #49 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18666655.), #47 Certificate of Interested Entities, #50 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18666726.) (Esser, Michael) (Filed on 9/21/2023) |
| Filing 50 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18666726.) filed by Meta Platforms Inc.. (Attachments: #1 Cert. of Good Standing)(Cooper, Philip) (Filed on 9/21/2023) |
| Filing 49 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18666655.) filed by Meta Platforms Inc.. (Attachments: #1 Cert. of Good Standing)(Clayton, Taj) (Filed on 9/21/2023) |
| Filing 48 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Meta Platforms Inc... (Esser, Michael) (Filed on 9/21/2023) |
| Filing 47 Certificate of Interested Entities by Meta Platforms Inc. (Esser, Michael) (Filed on 9/21/2023) |
| Filing 46 NOTICE of Appearance by Michael Phillip Esser on Behalf of Defendant Meta Platforms, Inc. (Esser, Michael) (Filed on 9/21/2023) |
| Filing 45 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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 9/21/2023. (wft, COURT STAFF) (Filed on 9/7/2023) |
| Filing 44 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/28/2023. Initial Case Management Conference set for 12/5/2023 01:30 PM in Oakland, - To be determined. (cv, COURT STAFF) (Filed on 9/6/2023) |
| Filing 43 Case transferred in from District of Texas Eastern; Case Number 1:22-cv-00572. Original file certified copy of transfer order and docket sheet received. |
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Filing 42
ORDER granting #7 Defendant Meta Platforms, Inc.'s Motion to Transfer Under28 U.S.C. 1404(a). The Clerk of Court is INSTRUCTED to TRANSFER this case to the United States District Court for the Northern District of California. Signed by District Judge Michael J. Truncale on 8/17/23. (ljw, )
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| Filing 41 NOTICE by Meta Platforms, Inc. re #7 MOTION transfer of Supplemental Authority Regarding Defendant Meta Platforms, Inc.'s Motion to Transfer (Attachments: #1 Exhibit Exhibit 1)(Heartfield, J) |
| Filing 40 RESPONSE to #39 Notice (Other) Defendant's Response to Plaintiff's Notice of Amendment of Chapter 143A filed by Meta Platforms, Inc.. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2)(Heartfield, J) |
| Filing 39 NOTICE by Daniel Miller, Texas Nationalist Movement re #7 MOTION transfer Plaintiffs' Notice of Amendment to Chapter 143A Related to Defendant's Motion to Transfer (Davis, Paul) |
| Filing 38 SUR-REPLY to Reply to Response to Motion re #15 MOTION to Dismiss filed by Daniel Miller, Texas Nationalist Movement. (Davis, Paul) |
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Filing 37
ORDER denying #29 Motion to Remand to State Court. Signed by District Judge Michael J. Truncale on 3/6/2023. (bjc, )
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| Filing 36 REPLY in Support of #15 MOTION to Dismiss filed by Meta Platforms, Inc.. (Heartfield, J) |
| Filing 35 REPLY to Response to Motion re #29 MOTION to Remand to State Court (stipulating to the amount in controversy being satisfied for purposes of diversity jurisdiction) filed by Daniel Miller, Texas Nationalist Movement. (Attachments: #1 Text of Proposed Order)(Davis, Paul) |
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Filing 34
SCHEDULING ORDER: Final Pretrial Conference is set for 8/29/2024 at 9:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. Jury Selection and Trial are set for 9/9/2024 at 9:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 2/22/23. (ljw, )
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Filing 33
ORDER granting #31 Defendant's Unopposed Motion to Enlarge Page Limit. Defendant's opposition to Plaintiffs' Motion to Remand shall not exceed twenty-three (23) pages. Signed by District Judge Michael J. Truncale on 2/22/23. (ljw, )
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| Filing 32 RESPONSE in Opposition re #29 MOTION to Remand to State Court filed by Meta Platforms, Inc.. (Attachments: #1 Text of Proposed Order)(Heartfield, J) |
| Filing 31 Unopposed MOTION for leave to file excess pages by Meta Platforms, Inc.. (Attachments: #1 Text of Proposed Order)(Heartfield, J) |
| Minute Entry for proceedings held before District Judge Michael J. Truncale: Case Management Conference held on 2/21/2023. Court will enter scheduling order. Attorney Appearances: Plaintiff - Paul Davis; Defense - J Thad Heartfield.(Court Reporter Not Recorded.) (jmv, ) |
| Filing 30 RESPONSE in Opposition re #15 MOTION to Dismiss filed by Daniel Miller, Texas Nationalist Movement. (Attachments: #1 Exhibit A - Screenshots of TEXITnow.org Posts, #2 Exhibit B - Data Sheet for Meta Fort Worth Data Center, #3 Text of Proposed Order)(Davis, Paul) |
| Filing 29 MOTION to Remand to State Court by Daniel Miller, Texas Nationalist Movement. (Attachments: #1 Text of Proposed Order)(Davis, Paul) |
| NOTICE of Hearing: Case Management Conference RESET for 2/21/2023 11:00 AM in Chambers before District Judge Michael J. Truncale. (jmv, ) |
| Filing 28 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Appendix Appendix 1)(Heartfield, J) |
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Filing 27
ORDER granting #26 Motion for Leave to File Excess Pages. Plaintiffs' Sur-Reply shall not exceed 10 pages, excluding the case caption and signature portions. Signed by District Judge Michael J. Truncale on 1/30/2023. (bjc, )
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| Filing 26 Unopposed MOTION for Leave to File Excess Pages for Sur-Reply (Doc. No. 25) by Daniel Miller, Texas Nationalist Movement. (Attachments: #1 Text of Proposed Order)(Davis, Paul) |
| Filing 25 SUR-REPLY to Reply to Response to Motion re #7 MOTION transfer filed by Daniel Miller, Texas Nationalist Movement. (Davis, Paul) |
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Filing 24
ORDER granting #22 Motion for Leave to File Excess Pages. Defendant is permitted to file an 11-page reply in support of its motion to transfer. Signed by District Judge Michael J. Truncale on 1/30/2023. (bjc, )
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| Filing 23 REPLY to Response to Motion re #7 MOTION transfer filed by Meta Platforms, Inc.. (Heartfield, J) |
| Filing 22 Unopposed MOTION for Leave to File Excess Pages Enlarge Page Limit by Meta Platforms, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Heartfield, J) |
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Filing 21
ORDER granting #20 parties' Joint Motion to Set Briefing Schedule. Plaintiffs' response to Defendant's Motion to Dismiss shall be due on February 10, 2023. Defendant's reply to Plaintiffs' response shall be due on March 3, 2023. Signed by District Judge Michael J. Truncale on 1/24/23. (ljw, )
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| Filing 20 Joint MOTION Set Briefing Schedule re #15 MOTION to Dismiss by Meta Platforms, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Heartfield, J) |
| Filing 19 NOTICE of Attorney Appearance - Pro Hac Vice by Philip Cooper on behalf of Meta Platforms, Inc.. Filing fee $ 100, receipt number ATXEDC-9311293. (Cooper, Philip) |
| Filing 18 BRIEF FOR THE STATE OF TEXAS AS AMICUS CURIAE IN SUPPORT OF NEITHER PARTY by State Of Texas. (Abrams, Michael) |
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Filing 17
ORDER granting #16 Motion for Leave to File Amicus Brief. Signed by District Judge Michael J. Truncale on 1/17/2023. (bjc, )
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| Filing 16 Unopposed MOTION for Leave to File Amicus Brief by State Of Texas. (Attachments: #1 Exhibit Amicus Brief, #2 Exhibit Proposed Order)(Abrams, Michael) |
| Filing 15 MOTION to Dismiss by Meta Platforms, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Heartfield, J) |
| Filing 14 NOTICE of Attorney Appearance by Michael Raphael Abrams on behalf of State Of Texas (Abrams, Michael) |
| Filing 13 RESPONSE in Opposition re #7 MOTION transfer filed by Daniel Miller, Texas Nationalist Movement. (Attachments: #1 Text of Proposed Order)(Davis, Paul) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT filed by Texas Nationalist Movement (Davis, Paul) |
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Filing 11
ORDERED that Rule 26(f) Attorney Conference must occur by January 20, 2023. Rule 16 Case Management/Scheduling Conference set for 2/9/2023 11:30 AM in Room 221 (Beaumont) before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 12/29/2022. (bjc, )
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Filing 10
ORDER granting in part and denying in part #9 Motion to set deadlines. Signed by District Judge Michael J. Truncale on 12/16/2022. (bjc, )
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| Filing 9 Joint MOTION Set Briefing Deadlines by Meta Platforms, Inc.. (Attachments: #1 Text of Proposed Order)(Heartfield, J) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Meta Platforms, Inc. (Heartfield, J) |
| Filing 7 MOTION transfer by Meta Platforms, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Heartfield, J) |
| Filing 6 NOTICE of Attorney Appearance by Taj Jamar Clayton on behalf of Meta Platforms, Inc. (Clayton, Taj) |
| Filing 5 NOTICE of Attorney Appearance by M. Dru Montgomery on behalf of Meta Platforms, Inc. (Montgomery, M.) |
| Filing 4 NOTICE by Meta Platforms, Inc. Local Rule CV-81 Disclosures of Parties, Attorneys & Status (Heartfield, J) |
| Filing 3 ***ORIGINALLY FILED IN STATE COURT AND IS INCLUDED IN THE NOTICE OF REMOVAL.*** AMENDED PETITION against All Defendants.(bjc, ) |
| Filing 2 ***ORIGINALLY FILED IN STATE COURT AND IS INCLUDED IN THE NOTICE OF REMOVAL.*** PETITION against All Defendants.(bjc, ) |
| DEMAND for Trial by Jury by Daniel Miller, Texas Nationalist Movement. (bjc, ) |
| Case assigned to District Judge Michael J. Truncale. (bjc, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (bjc, ) |
| Filing 1 NOTICE OF REMOVAL by Meta Platforms, Inc. from 58th Judicial District Court Jefferson County, Texas, case number A-210752. (Filing fee $ 402 receipt number ATXEDC-9254706), filed by Meta Platforms, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Heartfield, J) (Attachment 1 replaced on 12/6/2022with flattened image) |
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