Block & Leviton LLP v. Facebook, Inc., et al
| FEDERAL TRADE COMMISSION |
| FACEBOOK, INC. |
| BLOCK & LEVITON LLP |
| 21-1172 |
| March 3, 2021 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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| DESIGNATION of attorney presenting oral argument filed by Attorney Lauren Godles Milgroom for Appellee Block & Leviton LLP in 21-1172, 21-1195. Certificate of service dated 04/29/2021. [21-1172, 21-1195] (LGM) [Entered: 04/29/2021 08:49 AM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Joshua S. Lipshutz for Appellant Facebook, Inc. in 21-1172, 21-1195. Certificate of service dated 04/28/2021. [21-1172, 21-1195] (JSL) [Entered: 04/28/2021 05:52 PM] |
| CASE calendared: Consistent with public health guidance and ongoing efforts to mitigate the risk of community transmission of COVID-19, the court will conduct oral argument remotely in this case on Wednesday, June 9, 2021 at 9:30 a.m., in lieu of in-person appearance. Check-in at 9:00 a.m. before court begins is required. There will be no continuance except for grave cause.. Designation form due 05/05/2021. [21-1172, 21-1195] (DJT) [Entered: 04/28/2021 01:36 PM] |
| NINE (9) paper copies of appellee/respondent brief [ # 6417236-2 ] submitted by Appellee Block & Leviton LLP in 21-1172, 21-1195. [21-1172, 21-1195] (AVN) [Entered: 04/23/2021 04:13 PM] |
| APPELLEE'S BRIEF filed by Appellee Block & Leviton LLP. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 04/26/2021 . [21-1172, 21-1195] (DK) [Entered: 04/23/2021 08:54 AM] |
| BRIEF tendered by Appellee Block & Leviton LLP in 21-1172, 21-1195. [21-1172, 21-1195] CLERK'S NOTE: Docket entry was modified to replace an attachment which corrected the case caption on the front cover of the brief and the addendum. (LGM) [Entered: 04/22/2021 05:39 PM] |
| DISCLOSURE statement filed by Appellee Block & Leviton LLP. [21-1172, 21-1195] (DK) [Entered: 04/22/2021 08:24 PM] |
| NINE (9) paper copies of appellee/respondent brief [ # 6415914-2 ] submitted by Appellee FTC. [21-1172, 21-1195] (AJ) [Entered: 04/20/2021 12:59 PM] |
| APPELLEE'S BRIEF filed by Appellee FTC in 21-1172, 21-1195. Certificate of service dated 04/15/2021. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 04/20/2021 . [21-1172, 21-1195] (LIM) [Entered: 04/16/2021 12:05 PM] |
| NOTICE issued. After 04/29/2021, the following attorney will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Andrew J. Wilhelm for Facebook, Inc. in 21-1172, 21-1195. [21-1172, 21-1195] (GAK) [Entered: 04/15/2021 02:55 PM] |
| BRIEF tendered by Appellee FTC in 21-1172, 21-1195. [21-1172, 21-1195] (KS) [Entered: 04/15/2021 05:22 PM] |
| NINE (9) paper copies of appellant/petitioner brief [ # 6414689-2 ] submitted by Appellant Facebook, Inc.. [21-1172, 21-1195] (AJ) [Entered: 04/12/2021 12:41 PM] |
| FIVE (5) paper copies of appendix [ # 6414691-2 ] submitted by Appellant Facebook, Inc.. [21-1172, 21-1195] (AJ) [Entered: 04/12/2021 12:38 PM] |
| APPELLANT'S BRIEF filed by Appellant Facebook, Inc. in 21-1172, 21-1195. Certificate of service dated 04/08/2021. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 04/12/2021 . [21-1172, 21-1195] (LIM) [Entered: 04/09/2021 09:02 AM] |
| DISCLOSURE statement filed by Appellant Facebook, Inc. in 21-1172, 21-1195. Certificate of service dated 04/08/2021. [21-1172, 21-1195] (LIM) [Entered: 04/09/2021 09:03 AM] |
| APPENDIX filed by Appellant Facebook, Inc. in 21-1172, 21-1195. Certificate of service dated 04/08/2021. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 04/12/2021 [21-1172, 21-1195] (LIM) [Entered: 04/09/2021 09:05 AM] |
| BRIEF tendered by Appellant Facebook, Inc. in 21-1172, 21-1195. [21-1172, 21-1195] (JSL) [Entered: 04/08/2021 06:23 PM] |
| APPENDIX tendered by Appellant Facebook, Inc. in 21-1172, 21-1195. Certificate of service dated 04/08/2021. [21-1172, 21-1195] (JSL) [Entered: 04/08/2021 06:31 PM] |
| EXPEDITED briefing schedule set. Brief and appendix due 04/08/2021 for appellant Facebook, Inc.. Brief due 04/15/2021 for appellee Federal Trade Commission, and Brief due 04/22/2021 for appellee Block & Leviton LLP. Reply brief due 05/06/2021 for appellant Facebook, Inc.. Please see the court's general order issued April 20, 2020, requiring the electronic filing of appendices. [21-1172, 21-1195] (GAK) [Entered: 03/24/2021 01:56 PM] |
ORDER entered by Sandra L. Lynch, Appellate Judge; Rogeriee Thompson, Appellate Judge and William J. Kayatta, Jr., Appellate Judge. Appellant Facebook, Inc. ("Facebook"), has filed an "unopposed motion to consolidate related appeals." That motion is granted. The above-captioned appeals are consolidated for purposes of briefing and oral argument. Also pending before the court is Facebook's "motion to stay district court order pending appeal," through which Facebook seeks a stay of the district court's order of March 5, 2021, ordering the disclosure of unredacted versions of four documents. Appellee Block & Leviton, LLP ("Block & Leviton"), does not oppose the request for a stay. For the same reasons set out in this court's order of March 18, 2021, in Appeal 21-1172, the stay request is allowed, and a stay will remain in effect pending further order of court. In response to the court's order of March 18, 2021, the parties jointly have proposed an expedited schedule for briefing in these now-consolidated appeals. The schedule proposed by the parties is accepted. Facebook's opening brief shall be filed and served by April 8, 2021. The Federal Trade Commission's brief shall be filed and served by April 15, 2021. Block & Leviton's response brief shall be filed and served by April 22, 2021. Facebook's reply brief shall be filed and served by May 6, 2021. Extensions of these deadlines should not be expected. The court contemplates oral argument in June. [21-1172, 21-1195] (GAK) [Entered: 03/24/2021 01:50 PM]
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| RESPONSE filed by Appellant Facebook, Inc. and Appellees Block & Leviton LLP and FTC in 21-1172, 21-1195 to order [ # 6409619-2 ], order to extend time to file response [ # 6409619-3 ]. Certificate of service dated 03/23/2021. [21-1172, 21-1195] (JSL) [Entered: 03/23/2021 10:55 AM] |
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ORDER entered by Sandra L. Lynch, Appellate Judge; Rogeriee Thompson, Appellate Judge and William J. Kayatta, Jr., Appellate Judge. Intervenor defendant-appellant Facebook, Inc., has filed a "motion to stay district court order pending appeal," which plaintiff-appellee Block & Leviton, LLP, opposes. While Facebooks submissions do not at first blush convince us that the district court erred, they merit further consideration to the extent that there is time to do so without causing any significant irreparable harm, which does indeed appear to be the case here. In order to allow the court adequate time to review, we grant a temporary stay of the portion of the district court's order directing the disclosure of 16 documents. The stay will remain in effect pending further order of court. The court contemplates expeditious briefing and oral argument in this matter. By Tuesday, March 23, 2021, the parties should jointly propose an expedited briefing schedule. [21-1172] (GAK) [Entered: 03/18/2021 11:51 AM]
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| NOTICE of appearance on behalf of Appellant Facebook, Inc. filed by Attorney Joshua S. Lipshutz. Certificate of service dated 03/17/2021. [21-1172] (JSL) [Entered: 03/17/2021 04:22 PM] |
| DOCKETING statement filed by Appellant Facebook, Inc.. Certificate of service dated 03/17/2021. [21-1172] (JSL) [Entered: 03/17/2021 04:25 PM] |
| TRANSCRIPT report/order form filed by Appellant Facebook, Inc. indicating all necessary transcripts have already been filed in district court. Certificate of service dated 03/17/2021. [21-1172] (JSL) [Entered: 03/17/2021 04:27 PM] |
| REPLY filed by Appellant Facebook, Inc. to response [ # 6407428-2 ], response [ # 6407680-2 ]. Certificate of service dated 03/16/2021. [21-1172] (JSL) [Entered: 03/16/2021 02:43 PM] |
| RESPONSE filed by Appellee FTC to motion to stay [ # 6406012-2 ]. Certificate of service dated 03/10/2021. [21-1172]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (GAK) [Entered: 03/10/2021 03:45 PM] |
| NOTICE of appearance on behalf of Appellee FTC filed by Attorney Karen Schoen. Certificate of service dated 03/10/2021. [21-1172]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (KS) [Entered: 03/10/2021 11:53 AM] |
| NOTICE of appearance on behalf of Appellee FTC filed by Attorney Daniel Tenny. Certificate of service dated 03/09/2021. [21-1172]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (DT) [Entered: 03/09/2021 04:20 PM] |
| NOTICE of appearance on behalf of Appellee Block & Leviton LLP filed by Attorney Jason M. Leviton. Certificate of service dated 03/09/2021. [21-1172] (JML) [Entered: 03/09/2021 03:52 PM] |
| NOTICE of appearance on behalf of Appellee Block & Leviton LLP filed by Attorney Lauren Godles Milgroom. Certificate of service dated 03/09/2021. [21-1172] (LGM) [Entered: 03/09/2021 04:32 PM] |
| NOTICE of appearance on behalf of Appellee Block & Leviton LLP filed by Attorney Joel A. Fleming. Certificate of service dated 03/09/2021. [21-1172] (JAF) [Entered: 03/09/2021 04:28 PM] |
| DISCLOSURE statement filed by Appellee Block & Leviton LLP. Certificate of service dated 03/09/2021. [21-1172] (LGM) [Entered: 03/09/2021 04:35 PM] |
| RESPONSE filed by Appellee Block & Leviton LLP to motion [ # 6406012-2 ]. Certificate of service dated 03/09/2021. [21-1172] (LGM) [Entered: 03/09/2021 04:43 PM] |
| SUPPLEMENTAL record filed. Docket entry: 47 - Sealed Document. [21-1172] (DPO) [Entered: 03/04/2021 11:22 AM] |
| MOTION to stay district court order pending appeal filed by Appellant Facebook, Inc.. Certificate of service dated 03/03/2021. [21-1172] (JSL) [Entered: 03/03/2021 04:45 PM] |
| DISCLOSURE statement filed by Appellant Facebook, Inc.. Certificate of service dated 03/03/2021. [21-1172] (GAK) [Entered: 03/04/2021 09:07 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #55) filed by Appellant Facebook, Inc.. Docketing Statement, Transcript Report/Order, and Appearance form due 03/17/2021. [21-1172] (GAK) [Entered: 03/03/2021 03:46 PM] |
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