In re: Subpoena to Toch Inc.
| Beijing Meishe Network Technology Co., Ltd. and Beijing Meishe Network Tech Co. |
| TikTok Pte. Ltd., TikTok Inc., ByteDance Ltd. and ByteDance Inc. |
| Toch Inc. |
| 3:2023mc80225 |
| September 6, 2023 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.
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Filing 20
ORDER re #1 Motion to Compel Third Party Toch Inc's Subpoena Compliance. Signed by Judge Laurel Beeler on 11/2/2023. (ejk, COURT STAFF) (Filed on 11/2/2023)
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| Filing 19 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held via Zoom on 11/2/2023. The court adopts the analysis in the motion and the supporting documents. Order to issue. Total Time in Court: 4 minutes. Digital Recording Time: 9:51 - 9:55. Plaintiff Attorney: No Appearance. Movants' Attorneys: David T Okano and Rosie Norwood Kelly. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 11/2/2023) |
| Filing 18 Supplemental Brief Regarding Movants' Subpoena Service filed byByteDance Inc., ByteDance Ltd., TikTok Inc., TikTok Pte. Ltd.. (Attachments: #1 Supplemental Declaration of David T. Okano, #2 Exhibit A - 2023-09-27 Proof of Service, #3 Exhibit B - Clippings Inc. Search _ California Secretary of State, #4 Exhibit C - Toch Inc Name Change, #5 Exhibit D - October 16 email to Ehlers)(Okano, David) (Filed on 10/23/2023) |
| Filing 17 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held via Zoom on 10/19/2023. On this record, the court likely will issue an order granting the motion but raised an issue about service, citing cases about service on receptionists. The movant provided additional facts, which it will submit in a supplemental declaration by October 26, 2023. Any other update, including by any lawyer appearing for Toch, Inc., also is due on October 26. The court sets a further hearing for November 2, 2023, at 9:30 a.m. Total Time in Court: 12 minutes. Digital Recording Time: 11:03 - 11:15. Respondent's Attorney: No Appearance. Movants' Attorneys: David T Okano and Rosie Norwood Kelly. Motion Hearing #1 Motion to Compel set for 11/2/2023 at 9:30 AM in San Francisco - Videoconference Only 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, 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.) (ejk, COURT STAFF) (Date Filed: 10/19/2023) |
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Filing 16
Order by Magistrate Judge Laurel Beeler granting #3 Motion to Consider Whether Another Party's Material Should be Sealed. (ejk, COURT STAFF) (Filed on 10/10/2023)
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| Filing 15 CERTIFICATE OF SERVICE by ByteDance Inc., ByteDance Ltd., TikTok Inc., TikTok Pte. Ltd. re 14 Order,, (Okano, David) (Filed on 10/9/2023) |
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Filing 14
ORDER.TikTok served the motion at ECF No. 1 on Toch by mail. (ECF No. 6.) The motion itself references email addresses. (Mot. - ECF No. 1 at 7-8 (pp. 3-4.) The court suggests that sending a courtesy email to the same emails about the pending hearing date at least exhausts all efforts to notify Toch about the discovery. If TikTok agrees, perhaps it could do that early next week and file proof of email service on the docket. The court will keep the motion on calendar on 10/19/2023 at 9:30 a.m., as is its practice. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 10/7/2023)
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| Filing 13 STATUS REPORT by ByteDance Inc., ByteDance Ltd., TikTok Inc., TikTok Pte. Ltd.. (Chaikovsky, Yar) (Filed on 10/5/2023) |
| Filing 12 NOTICE by Beijing Meishe Network Tech Co. Notice of Incorrectly Identified Party (Harkins, Robert) (Filed on 10/4/2023) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Beijing Meishe Network Tech Co... (Harkins, Robert) (Filed on 10/4/2023) |
| Filing 10 CLERK'S THIRD NOTICE Re: Consent or Declination: Plaintiff 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 10/5/2023. (ejk, COURT STAFF) (Filed on 9/28/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 9 CLERK'S SECOND NOTICE Re: Consent or Declination: Plaintiff 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 9/26/2023. (ejk, COURT STAFF) (Filed on 9/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 8 CLERKS NOTICE SETTING MOTION HEARING. Motion Hearing #1 Motion to Compel Third Party Toch Inc's Subpoena Compliance set for 10/19/2023 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 9/26/2023. Replies due by 10/3/2023. 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.) (ejk, COURT STAFF) (Filed on 9/13/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ByteDance Inc., ByteDance Ltd., TikTok Inc., TikTok Pte. Ltd... (Chaikovsky, Yar) (Filed on 9/12/2023) |
| Filing 6 NOTICE by ByteDance Inc., ByteDance Ltd., TikTok Inc., TikTok Pte. Ltd. re #1 Motion to Compel (Miscellaneous Case Opening), Defendants' Notice of Motion to Compel Third Party Toch Inc.'s Subpoena Compliance (Chaikovsky, Yar) (Filed on 9/12/2023) |
| Filing 5 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 9/14/2023. (ejk, COURT STAFF) (Filed on 9/7/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 4
ORDER.Under the circumstances, the court thinks that the cleanest way to address the dispute is for the defendants to notice the pending motion at ECF No. 1 for a hearing by filing a one-page notice of motion that cross-references the earlier motion and notices it for a hearing for any Thursday at least five weeks after the notice on on the court's regular Thursday motions calendar at 9:30 a.m. (Any Thursday starting October 19 is fine as long as it is at least five weeks after the defendants file the notice.) The undersigned's courtroom deputy may have already asked for a chambers copy but given that the attachments run long, the court would appreciate a chambers copy that complies with the court's standing order (attached) (and mailed via first-class mail is fine). When setting the motion, Pacer will prompt the filer for the dates of the opposition and reply (two and three weeks from filing, respectively). Finally, the system populated the opposition and reply dates for the administrative motion to seal with dates that are different from those in Civil Local Rule 79-5, but given the current procedural posture of the case, this issue can await the briefing process on the underlying motion. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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| Filing 3 MOTION Defendants' Motion to Consider Whether Another Party's Material Should be Sealed re #1 Motion to Compel (Miscellaneous Case Opening), filed by ByteDance Inc., ByteDance Ltd., TikTok Inc., TikTok Pte. Ltd.. Responses due by 9/20/2023. Replies due by 9/27/2023. (Attachments: #1 Proposed Order) (Chaikovsky, Yar) (Filed on 9/6/2023) Modified on 9/7/2023 (kmg, COURT STAFF). |
| Filing 2 Case assigned to Magistrate Judge Laurel Beeler. (ark, COURT STAFF) (Filed on 9/6/2023) |
| Filing 1 MOTION TO COMPEL Third Party Toch Inc's Subpoena Compliance against Toch Inc. ( Filing fee $ 49, receipt number ACANDC-18618686.). Filed by ByteDance Inc., ByteDance Ltd., TikTok Inc., TikTok Pte. Ltd.. (Attachments: #1 Exhibit A, #2 Declaration of Woenho Chung, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proposed Order)(Chaikovsky, Yar) (Filed on 9/6/2023) |
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