X CORP. v. ERNST & YOUNG, LLP
| X CORP. |
| ERNST & YOUNG, LLP |
| 3:2023mc80245 |
| September 26, 2023 |
| US District Court for the Northern District of California |
| Thomas S Hixson |
| Peter H Kang |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 TRANSCRIPT ORDER for proceedings held on 11/16/2023 before Magistrate Judge Thomas S. Hixson by ERNST & YOUNG, LLP, for Recorded Proceeding - San Francisco. (VanDruff, Laura) (Filed on 11/22/2023) |
| Filing 32 Transcript of Proceedings held on 11/16/23, before Judge Magistrate Judge Thomas S. Hixson. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: 11:03 - 11:54. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (65 in 3:22-cv-03070-TSH) Transcript Order ) Redaction Request due 12/11/2023. Redacted Transcript Deadline set for 12/21/2023. Release of Transcript Restriction set for 2/20/2024. (Jauregui, Tara) (Filed on 11/20/2023) |
Filing 31
ORDER DENYING #1 Motion to Compel filed by X CORP. Signed by Judge Thomas S. Hixson on 11/16/2023. (tshlc1, COURT STAFF) (Filed on 11/16/2023)
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| Filing 30 Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Motion Hearings held on 11/16/2023 at 11:00 a.m., in Courtroom E, 15th Floor. Re: (Docket no. 17 in 3:22-cv-03070-TSH) MOTION for Protective Order and Relief from Consent Order filed by Twitter, Inc.andRe: (Docket no. 1 in 3:23-mc-80245-TSH) Motion to Compel filed by X CORP.Digital Recording Time: Liberty: 11:03-11:54. Appearances:Representing X Corp.: Daniel Koffman and Rachel FrankRepresenting Ernest & Young: Laura R. VandruffGovernment Counsel: Zachary L. Cowan, AUSA trial attorney-Consumer Protection BranchProceedings: Motion hearings held; proffered heard from all parties; matter submitted. Court to issue Order(s). (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Date Filed: 11/16/2023) |
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Filing 29
ORDER RESCHEDULING MOTION TO COMPEL: The Motion to Compel hearing which is presently scheduled for 10/26/2023 at 1:00 PM, is CONTINUED TO: November 16, 2023 at 11:00 AM, in person hearing, Courtroom E, 15th Floor, 450 Golden Gate Avenue, San Francisco. Signed by Magistrate Judge Thomas S. Hixson on 10/23/2023. (rmm2, COURT STAFF) (Filed on 10/23/2023)
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| Set Deadlines/Hearings: Motion to Compel Hearing is RESCHEDULED TO: 11/16/2023 at 11:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Thomas S. Hixson. (rmm2, COURT STAFF) (Filed on 10/23/2023) |
| Filing 28 NOTICE of Appearance by Casey James Adams (Adams, Casey) (Filed on 10/19/2023) |
| Filing 27 NOTICE of Appearance by Rachel G. Frank (Frank, Rachel) (Filed on 10/19/2023) |
| Filing 26 NOTICE of Appearance by Daniel R. Koffmann (Koffmann, Daniel) (Filed on 10/19/2023) |
| Filing 25 NOTICE of Appearance by Alexander Benjamin Spiro (Spiro, Alexander) (Filed on 10/19/2023) |
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Filing 24
ORDER Setting Hearing on Motion to Compel: Motion Hearing set for 10/26/2023 at 1:00 PM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Thomas S. Hixson. This is an in-person hearing. Signed by Magistrate Judge Thomas S. Hixson on 10/17/2023. (rmm2, COURT STAFF) (Filed on 10/17/2023)
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| Case Reassigned to Magistrate Judge Thomas S. Hixson. Magistrate Judge Peter H Kang no longer assigned to the case. (as, COURT STAFF) (Filed on 10/17/2023) |
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Filing 23
ORDER RELATING CASE. Signed by Judge Thomas S. Hixson on 10/16/2023. (tshlc1, COURT STAFF) (Filed on 10/16/2023)
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| Filing 22 Judicial Referral for Purpose of Determining Relationship of Cases re 3:22-cv-03070-TSH. Signed by Judge Peter H. Kang on 10/10/23. (phklc2, COURT STAFF) (Filed on 10/10/2023) |
| Filing 21 Case transferred in from District of District of Columbia; Case Number 1:23-mc-00082. Original file certified copy of transfer order and docket sheet received. |
| Filing 20 REPLY re #1 Motion to Compel,, Reply Memorandum of Law in Support of Motion to Compel Compliance with Subpoena Duces Tecum filed by X CORP.. (Attachments: #1 Certificate of Service)(Michel, Christopher) |
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Filing 19
ORDER TRANSFERRING CASE. On August 25, 2023, X Corp. filed a motion #1 seeking to compel Ernst & Young LLP to comply with X Corp.'s subpoena duces tecum issued in United States v. Twitter, No. 22-cv-3070 (N.D. Cal.). The parties were ordered to inform the Court of their positions as to whether the subpoena-related motion should be transferred to the issuing court pursuant to Federal Rule of Civil Procedure 45(f). Min. Order (Sept. 11, 2023). In response, both parties notified the Court of their consent #17 #18 to transfer the motion to the United States District Court for the Northern District of California. Given the consent of the parties, in particular the party in receipt of the subpoena, and the other court's greater familiarity with the issues involved, it is ORDERED that the Motion to Compel Compliance with Subpoena Duces Tecum shall be transferred to the United States District Court for the Northern District of California pursuant to Federal Rule of Civil Procedure 45(f). The Clerk of Court is hereby directed to transfer this matter to the United States District Court for the Northern District of California. Transfer due by 9/23/2023. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/13/2023. (lcabj2)
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| Filing 18 NOTICE of Consent to Transfer by ERNST & YOUNG, LLP (VanDruff, Laura) |
| Filing 17 NOTICE OF MOVANT X CORP.'s CONSENT TO TRANSFER by X CORP. (Michel, Christopher) |
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MINUTE ORDER. The parties are ORDERED to inform the Court by September 14, 2023 of their positions as to whether the subpoena-related motion should be transferred back to the issuing court pursuant to Fed. R. Civ. P. 45(f). Signed by Judge Amy Berman Jackson on 09/11/2023. (lcabj2)
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MINUTE ORDER granting #15 Sealed Motion for Leave to File Document Under Seal. The Clerk of Court is directed to file the [15-1] [15-2] exhibits under seal. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/11/2023. (lcabj2)
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| Filing 16 CERTIFICATE OF SERVICE by ERNST & YOUNG, LLP re #15 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ERNST & YOUNG, LLP (This document is SEALED and only available to authorized persons.) . (VanDruff, Laura) |
| Filing 15 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ERNST & YOUNG, LLP (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Text of Proposed Order)(VanDruff, Laura) |
| Filing 14 RESPONSE re #1 Motion to Compel,, Ernst & Young LLP's Opposition to X Corp.'s Motion to Compel Compliance with Subpoena filed by ERNST & YOUNG, LLP. (Attachments: #1 Declaration of Laura Riposo VanDruff, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Declaration of Thomas Reddy, #9 Text of Proposed Order)(VanDruff, Laura) |
| Filing 13 NOTICE of Appearance by Laura Riposo VanDruff on behalf of ERNST & YOUNG, LLP (VanDruff, Laura) |
| Filing 12 NOTICE of Appearance by Rebecca Blake Durrant on behalf of ERNST & YOUNG, LLP (Durrant, Rebecca) |
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MINUTE ORDER granting #7 #8 #9 #10 #11 Motions for Leave of Laura Riposo VanDruff, Rebecca Blake Durrant, Alex B. Spiro, Daniel R. Koffmann, and Casey J. Adams to Appear Pro Hac Vice only upon condition that the lawyers admitted, or at least one member of the lawyers' firms, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. The two attorneys who engage in the practice of law from an office located in the District of Columbia are strongly encouraged to apply for membership of the bar of this court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Amy Berman Jackson on 9/5/23. (DMK)
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| Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Casey J. Adams, Filing fee $ 100, receipt number ADCDC-10319692. Fee Status: Fee Paid. by X CORP.. (Attachments: #1 Declaration of Casey J. Adams, #2 Certificate of Good Standing, #3 Proposed Order)(Michel, Christopher) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel R. Koffmann, Filing fee $ 100, receipt number ADCDC-10319619. Fee Status: Fee Paid. by X CORP.. (Attachments: #1 Declaration of Daniel R. Koffmann, #2 Certificate of Good Standing, #3 Proposed Order)(Michel, Christopher) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alex B. Spiro, Filing fee $ 100, receipt number ADCDC-10319529. Fee Status: Fee Paid. by X CORP.. (Attachments: #1 Declaration of Alex B. Spiro, #2 Certificate of Good Standing, #3 Proposed Order)(Michel, Christopher) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rebecca Blake Durrant, Filing fee $ 100, receipt number ADCDC-10318814. Fee Status: Fee Paid. by ERNST & YOUNG, LLP. (Attachments: #1 Declaration of Rebecca B. Durrant, #2 New York Certificate of Good Standing)(Evans, David) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laura Riposo VanDruff, Filing fee $ 100, receipt number ADCDC-10318772. Fee Status: Fee Paid. by ERNST & YOUNG, LLP. (Attachments: #1 Declaration Declaration of Laura R. VanDruff, #2 D.C. Certificate of Good Standing)(Evans, David) |
| Filing 6 NOTICE of Appearance by David Howard Evans on behalf of ERNST & YOUNG, LLP (Evans, David) |
| Filing 5 SEALED DOCUMENT (Exhibits) filed by X CORP.. re #1 Motion to Compel,,. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit 9, #2 Exhibit 10, #3 Exhibit 11)(znmw) |
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MINUTE ORDER granting #2 Sealed Motion for Leave to File Document Under Seal. The Clerk of Court is directed to file the [2-1] [2-2] [2-3] [2-4] exhibits under seal. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/28/2023. (lcabj2)
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| Filing 4 NOTICE of Appearance by Christopher Michel on behalf of X CORP. (zjm) |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by X CORP. identifying Corporate Parent X HOLDINGS CORP. for X CORP.. (zjm) |
| Filing 2 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by X CORP.. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit 3, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Text of Proposed Order, #6 Certificate of Service)(zjm) |
| Filing 1 MOTION to Compel Compliance with Subpoena Duces Tecum ( Filing fee $ 49 receipt number 205440.) filed by X CORP.. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Text of Proposed Order, #21 Certificate of Service)(zjm) |
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