U.S. News & World Report, L.P. v. Chiu
Plaintiff: U.S. News & World Report, L.P.
Defendant: David Chiu and Health Care
Amicus Curiae: Mara W. Elliott, City Attorney of San Diego and Reporters Committee for Freedom of the Press
Case Number: 3:2024cv00395
Filed: January 23, 2024
Court: US District Court for the Northern District of California
Presiding Judge: William H Orrick
Referring Judge: Kandis A Westmore
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2024 Filing 29 Consent MOTION to File Amicus Curiae Brief of Proposed News Media Amici filed by Reporters Committee for Freedom of the Press. Motion Hearing set for 4/10/2024 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 4/3/2024. Replies due by 4/10/2024. (Attachments: #1 Proposed Brief of Media Amici Curiae, #2 Certificate of Interested Parties by Proposed Media Amici Curiae)(Townsend, Katie) (Filed on 3/20/2024)
March 15, 2024 Filing 28 OPPOSITION/RESPONSE (re #25 MOTION to Dismiss and Consolidated Motions to Strike and Opposition to PL Motion for Preliminary Injunction ) filed byU.S. News & World Report, L.P.. (Potter, John) (Filed on 3/15/2024)
March 4, 2024 Filing 27 MOTION to File Amicus Curiae Brief of Health Care Amici Curiae in support of Defendant David Chiu filed by Health Care. Motion Hearing set for 4/10/2024 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 3/18/2024. Replies due by 3/25/2024. (Attachments: #1 Exhibit Proposed Brief, #2 Proposed Order)(McGinley-Stempel, Ryan) (Filed on 3/4/2024)
February 28, 2024 Filing 26 Request for Judicial Notice re #25 MOTION to Dismiss and Consolidated Motions to Strike and Opposition to PL Motion for Preliminary Injunction filed byDavid Chiu. (Attachments: #1 Proposed Order Granting Consolidated MTD, MTS and Opposition to PL Mtn for Preliminary Injunction)(Related document(s) #25 ) (Tilak, Karun) (Filed on 2/28/2024)
February 28, 2024 Filing 25 MOTION to Dismiss and Consolidated Motions to Strike and Opposition to PL Motion for Preliminary Injunction filed by David Chiu. Motion to Dismiss Hearing set for 4/10/2024 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Responses due by 3/13/2024. Replies due by 3/20/2024. (Attachments: #1 Declaration Declaration of A. Holtzman, #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, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25)(Tilak, Karun) (Filed on 2/28/2024)
February 28, 2024 Filing 24 Consent MOTION to File Amicus Curiae Brief of 18 Local Governments, Local Government Officials, and Local Government Organizations, in Support of Defendant David Chiu filed by Mara W. Elliott, City Attorney of San Diego. Responses due by 3/13/2024. Replies due by 3/20/2024. (Attachments: #1 Proposed Brief, #2 Certification of Conflicts and Interested Entities or Persons)(Ankcorn, Mark) (Filed on 2/28/2024)
February 13, 2024 Opinion or Order Filing 23 ORDER ON CONSOLIDATED BRIEFING AND HEARING ON PLEADINGS AND PRELIMINARY INJUNCTION MOTIONS granting #22 STIPULATION. Deadlines reset as to #18 MOTION for Preliminary Injunction. Motion Hearing reset for 4/10/2024 02:00 PM via Videoconference. Signed by Judge William H. Orrick on 02/13/2024. (jmd, COURT STAFF) (Filed on 2/13/2024)
February 9, 2024 Filing 22 STIPULATION WITH PROPOSED ORDER ON CONSOLIDATED BRIEFING AND HEARING ON PLEADINGS AND PRELIMINARY INJUNCTION MOTIONS filed by David Chiu. (Holtzman, Alexander) (Filed on 2/9/2024)
February 9, 2024 Filing 21 AFFIDAVIT of Service re Motion for Preliminary Injunction by U.S. News & World Report, L.P.. (Stevens, Charles) (Filed on 2/9/2024)
February 1, 2024 Filing 20 AFFIDAVIT of Service by U.S. News & World Report, L.P.. (Stevens, Charles) (Filed on 2/1/2024)
January 31, 2024 Filing 19 Declaration of John Potter in Support of #18 MOTION for Preliminary Injunction filed byU.S. News & World Report, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit p, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA)(Related document(s) #18 ) (Potter, John) (Filed on 1/31/2024)
January 31, 2024 Filing 18 MOTION for Preliminary Injunction filed by U.S. News & World Report, L.P.. Motion Hearing set for 3/6/2024 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 2/14/2024. Replies due by 2/21/2024. (Attachments: #1 Proposed Order)(Potter, John) (Filed on 1/31/2024)
January 30, 2024 Filing 17 AFFIDAVIT of Service by U.S. News & World Report, L.P.. (Stevens, Charles) (Filed on 1/30/2024)
January 29, 2024 Opinion or Order Filing 16 CASE MANAGEMENT SCHEDULING ORDER - Case Management Conference set for 4/23/2024 02:00 PM via Videoconference. Case Management Statement due by 4/16/2024. Signed by Judge William H. Orrick on 01/29/2024. (jmd, COURT STAFF) (Filed on 1/29/2024)
January 29, 2024 Opinion or Order Filing 15 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Judge Vince Chhabria 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 1/29/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 1/29/2024)
January 26, 2024 Opinion or Order Filing 14 ORDER OF RECUSAL. Signed by Judge Vince Chhabria on 1/26/2024. (bxs, COURT STAFF) (Filed on 1/26/2024)
January 25, 2024 Filing 13 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 4/26/2024. Initial Case Management Conference set for 5/3/2024 at 10:00 AM by 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/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, April 26, 2024, by no later than 12:00PM.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.)(bxs, COURT STAFF) (Filed on 1/25/2024)
January 25, 2024 Opinion or Order Filing 12 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria 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 The Clerk on 1/25/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(anj, COURT STAFF) (Filed on 1/25/2024)
January 24, 2024 Filing 11 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (bxl, COURT STAFF) (Filed on 1/24/2024)
January 24, 2024 Filing 10 NOTICE of Appearance by Derek Lawrence Shaffer (Shaffer, Derek) (Filed on 1/24/2024)
January 23, 2024 Filing 9 NOTICE of Appearance by Michael Ernest Williams (Williams, Michael) (Filed on 1/23/2024)
January 23, 2024 Filing 8 NOTICE of Appearance by Charles Blake Stevens (Stevens, Charles) (Filed on 1/23/2024)
January 23, 2024 Filing 7 Summons Issued as to David Chiu. (msr, COURT STAFF) (Filed on 1/23/2024)
January 23, 2024 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/16/2024. Initial Case Management Conference set for 4/23/2024 01:30 PM in Oakland, - To be determined. (msr, COURT STAFF) (Filed on 1/23/2024)
January 23, 2024 Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. News & World Report, L.P... (Potter, John) (Filed on 1/23/2024)
January 23, 2024 Filing 4 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/6/2024. (sec, COURT STAFF) (Filed on 1/23/2024)
January 23, 2024 Filing 3 Corporate Disclosure Statement by U.S. News & World Report, L.P. (Potter, John) (Filed on 1/23/2024)
January 23, 2024 Filing 2 Proposed Summons. (Potter, John) (Filed on 1/23/2024)
January 23, 2024 Filing 1 COMPLAINT For Injunctive Relief And Declaratory Judgment against David Chiu ( Filing fee $ 405, receipt number ACANDC-19051075.). Filed by U.S. News & World Report, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Civil Cover Sheet)(Potter, John) (Filed on 1/23/2024)

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Plaintiff: U.S. News & World Report, L.P.
Represented By: Charles Blake Stevens
Represented By: John Mark Potter
Represented By: Derek Lawrence Shaffer
Represented By: Michael Ernest Williams
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Defendant: David Chiu
Represented By: Alexander Justin Holtzman
Represented By: Karun Tilak
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Defendant: Health Care
Represented By: Ryan Paul McGinley-Stempel
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Amicus curiae: Mara W. Elliott, City Attorney of San Diego
Represented By: Mark Ankcorn
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Amicus curiae: Reporters Committee for Freedom of the Press
Represented By: Katie Townsend
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