Waters v. Facebook, Inc., et al
| JEREMY HALEY, MARTHA SMITH-BLACKMORE, WILLIAM HIGGINS, JIM DALTON, MAURA TRACY HEALEY and KATHERINE PETER |
| RIAN G. WATERS |
| FACEBOOK, INC., GOOGLE LLC and AIDAN KEARNEY |
| 21-1582 |
| July 30, 2021 |
| U.S. Court of Appeals, First Circuit |
| Other Civil Rights |
Docket Report
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| U.S. SUPREME COURT ORDER entered on 10/03/2022. The petition for a writ of certiorari was denied. [21-1582] (JMK) [Entered: 10/03/2022 04:00 PM] |
| U.S. SUPREME COURT NOTICE advising a petition for a writ of certiorari was filed on 07/14/2022 and assigned case number 22-5133. [21-1582] (JMK) [Entered: 07/21/2022 01:27 PM] |
ORDER entered: Upon consideration, the motion to withdraw Attorney Matan Shacham and Attorney Erica S. Miranda as counsel for Appellee Facebook, Inc. is allowed. Attorney Shacham and Attorney Miranda are hereby withdrawn as counsel in this appeal. Appellee will continue to be represented by its remaining counsel of record. [21-1582] (JMK) [Entered: 07/05/2022 09:32 AM]
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| MOTION for Attorney Matan Shacham to withdraw as counsel filed by Appellee Facebook, Inc.. Served on 06/30/2022. [21-1582] (MS) [Entered: 06/30/2022 06:29 PM] |
| U.S. SUPREME COURT ORDER entered. The application for an extension of time within which to file a petition for a writ of certiorari was granted. [21-1582] (JMK) [Entered: 05/09/2022 01:30 PM] |
| MANDATE issued. [21-1582] (JMK) [Entered: 02/22/2022 11:46 AM] |
| TAXATION of costs issued in favor of Appellee Google LLC in the amount of $79.20. [21-1582] (JMK) [Entered: 02/17/2022 01:52 PM] |
| AFFIDAVIT and exhibits in support of the injunction filed by Appellant Rian G. Waters. Served on 01/24/2022. [21-1582]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (JMK) [Entered: 02/14/2022 04:18 PM] |
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge; Rogeriee Thompson, Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge: The court has carefully reviewed plaintiff-appellant Rian G. Waters's three pending motions and resolves the requests set out therein as follows: The "motion for leave to file affidavit in support of the injunction" is granted , and the tendered documents are accepted for filing. The "second motion to supplement the motion for an injunction pending appeal" is granted , and the tendered documents are accepted for filing. The "second emergency motion for an injunction pending appeal" is denied . Waters has not met his burden to show that an injunction is warranted. See Respect Maine PAC v. McKee , 622 F.3d 13, 15 (1st Cir. 2010) (standard for obtaining injunctive relief pending appeal). Waters's petition for rehearing en banc remains pending before the court and will be resolved in due course. [21-1582] (JMK) [Entered: 02/14/2022 04:15 PM]
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| EXHIBIT(S) filed. Supplement to motion for injunction pending appeal. [21-1582] (JMK) [Entered: 02/14/2022 04:21 PM] |
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge*; Rogeriee Thompson, Appellate Judge; William J. Kayatta, Jr., Appellate Judge; David J. Barron, Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge: Pursuant to First Circuit Internal Operating Procedure X(C), the petition for rehearing en banc also has been treated as a petition for rehearing before the original panel. The petition for rehearing having been denied by the panel of judges who decided the case, and the petition for rehearing en banc having been submitted to the active judges of this court and a majority of the judges not having voted that the case be heard en banc, it is ordered that the petition for rehearing and the petition for rehearing en banc be DENIED . *Judge Lynch is recused and did not participate in the determination of this matter. [21-1582] (JMK) [Entered: 02/14/2022 05:07 PM]
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| REPLY filed by Appellant Rian G. Waters to [ # 6474306-2 ]. Served on 02/07/2022. [21-1582] (RGW) [Entered: 02/07/2022 03:59 PM] |
| RESPONSE filed by Appellee Facebook, Inc. to [ # 6472615-2 ]. Served on 01/31/2022. [21-1582] (ES) [Entered: 01/31/2022 01:39 PM] |
| MOTION to supplement the record on appeal filed by Appellant Rian G. Waters. Served on 01/31/2022. [21-1582] (RGW) [Entered: 01/31/2022 11:54 AM] |
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ORDER entered: Upon consideration of Attorney Eric A. Shumsky's motion for leave to enter an appearance on behalf of Appellee Facebook, Inc., that motion is allowed. Attorney Shumsky's notice of appearance is accepted for filing as of this date. [21-1582] (JMK) [Entered: 01/28/2022 04:33 PM]
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| MOTION requesting leave for Attorney Eric A. Shumsky to enter an appearance filed by Appellee Facebook, Inc.. Served on 01/28/2022. [21-1582] (ES) [Entered: 01/28/2022 03:23 PM] |
| MOTION for leave to file affidavit and exhibits with emergency injunction pending appeal motion filed by Appellant Rian G. Waters. Served on 01/24/2022. [21-1582] (RGW) [Entered: 01/24/2022 11:06 AM] |
| EMERGENCY MOTION for injunction pending appeal filed by Appellant Rian G. Waters. Served on 01/21/2022. [21-1582] (RGW) [Entered: 01/21/2022 03:08 PM] |
| PETITION for rehearing en banc filed by Appellant Rian G. Waters. Served on 01/18/2022. [21-1582] (RGW) [Entered: 01/18/2022 11:50 PM] |
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ORDER entered. Upon consideration of appellant's motion for extension of time to file a petition for rehearing, the time to file a petition for rehearing and/or rehearing en banc is extended to January 18, 2022 only. [21-1582] (GB) [Entered: 12/30/2021 04:55 PM]
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| MOTION to extend time to file a petition for rehearing filed by Appellant Rian G. Waters. Served on 12/28/2021. [21-1582] (RGW) [Entered: 12/28/2021 10:49 PM] |
| REPLY filed by Appellant Rian G. Waters to response [ # 6467401-2 ]. Served on 12/28/2021. [21-1582] (RGW) [Entered: 12/28/2021 06:12 PM] |
| BILL of costs filed by Appellee Google LLC. Served on 12/28/2021. [21-1582] (JBM) [Entered: 12/28/2021 12:02 PM] |
| NINE (9) paper copies of reply brief [ # 6466605-2 ] submitted by Appellant Rian G. Waters. [21-1582] (YCC) [Entered: 12/27/2021 04:44 PM] |
| FOUR (4) Paper copies of Response [ # 6467401-2 ] filed by Appellee Facebook, Inc. [21-1582] (LIM) [Entered: 12/27/2021 04:26 PM] |
| JUDGMENT entered by Jeffrey R. Howard, Chief Appellate Judge; Rogeriee Thompson, Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. Affirmed . [21-1582] (JMK) [Entered: 12/23/2021 01:14 PM] |
| RESPONSE filed by Appellee Facebook, Inc. to motion [ # 6466209-2 ]. Served on 12/22/2021. [21-1582] (ESM) [Entered: 12/22/2021 03:59 PM] |
| AFFIDAVIT in support of motion [ # 6466209-2 ] filed by Appellant Rian G. Waters. Served on 12/22/2021. [21-1582] (RGW) [Entered: 12/22/2021 10:31 PM] |
| REPLY filed by Appellant Rian G. Waters to response [ # 6465664-2 ]. Served on 12/21/2021. [21-1582] (RGW) [Entered: 12/21/2021 10:50 PM] |
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ORDER entered: Construing Appellant Rian G. Waters' December 20, 2021 motion to amend as a motion for leave to file an affidavit in support of his December 16, 2021 motion, the request is allowed. Appellant is directed to docket his affidavit within two business days. [21-1582] (JMK) [Entered: 12/21/2021 10:33 AM]
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| MOTION to amend motion [ # 6466209-2 ] filed by Appellant Rian G. Waters. Served on 12/20/2021. [21-1582] (RGW) [Entered: 12/20/2021 10:44 PM] |
| REPLY BRIEF filed by Appellant Rian G. Waters. Certificate of service dated 12/17/2021. 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 12/27/2021 . [21-1582] (LIM) [Entered: 12/20/2021 09:33 AM] |
| BRIEF tendered by Appellant Rian G. Waters. [21-1582] (RGW) [Entered: 12/17/2021 11:53 PM] |
| MOTION FOR INVESTIGATION OR SUBPOENA USING INHERENT POWER filed by Appellant Rian G. Waters. Served on 12/16/2021. [21-1582] (RGW) [Entered: 12/16/2021 03:04 PM] |
| RESPONSE filed by Appellee Google LLC to motion for injunction pending appeal [ # 6464580-2 ]. Certificate of service dated 12/14/2021. [21-1582] (JBM) [Entered: 12/14/2021 02:49 PM] |
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ORDER granting motion to extend time to file brief filed by Appellant Rian G. Waters. Reply brief due 12/17/2021 for appellant Rian G. Waters. [21-1582] (JMK) [Entered: 12/09/2021 08:57 AM]
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| MOTION to extend time to file reply brief filed by Appellant Rian G. Waters. Certificate of service dated 12/08/2021. [21-1582] (RGW) [Entered: 12/08/2021 12:49 PM] |
| MOTION for injunction pending appeal filed by Appellant Rian G. Waters. Certificate of service dated 12/08/2021. [21-1582] (RGW) [Entered: 12/08/2021 11:08 PM] |
| CERTIFICATE of service for appendix [ # 6461020-2 ] filed by Appellant Rian G. Waters. Certificate of service dated 11/23/2021. [21-1582] (RGW) [Entered: 11/23/2021 10:33 PM] |
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ORDER entered: Appellee Facebook, Inc.'s motion for leave to file a supplemental appendix is allowed. Appellee's supplemental appendix is accepted for filing on this date. [21-1582] (JMK) [Entered: 11/23/2021 08:54 AM]
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| SUPPLEMENTAL APPENDIX filed by Appellee Facebook, Inc. Number of paper copies: 5. Certificate of service dated 11/15/2021. [21-1582] (JMK) [Entered: 11/23/2021 08:56 AM] |
| SUPPLEMENTAL APPENDIX filed by Appellant Rian G. Waters. Certificate of service was not included. [21-1582] (JMK) [Entered: 11/22/2021 12:17 PM] |
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ORDER entered: Appellant's motion for leave to file a supplemental appendix is allowed. Appellant's supplemental appendix is accepted for filing on this date. [21-1582] (JMK) [Entered: 11/22/2021 12:16 PM]
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| BRIEFING schedule updated. Reply brief due 12/10/2021 for appellant Rian G. Waters. [21-1582] (JMK) [Entered: 11/19/2021 04:51 PM] |
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ORDER entered. As Appellee Aidan Kearney has failed to file a brief, appellee will not be heard at oral argument except by permission of the court. [21-1582] (JMK) [Entered: 11/19/2021 04:48 PM]
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| PLEADING tendered: FIVE (5) paper copies of supplemental appendix filed by Appellee Facebook, Inc.. [21-1582] (AVN) [Entered: 11/18/2021 05:03 PM] |
| NINE (9) paper copies of appellee/respondent brief [ # 6459630-2 ] submitted by Appellee Facebook, Inc.. [21-1582] (AVN) [Entered: 11/18/2021 05:00 PM] |
| NINE (9) paper copies of appellee/respondent brief [ # 6459599-2 ] submitted by Appellee Google LLC. [21-1582] (LIM) [Entered: 11/17/2021 02:00 PM] |
| MOTION to strike electronically filed brief [ # 6459530-2 ] filed by Appellant Rian G. Waters. Certificate of service dated 11/16/2021. [21-1582] (RGW) [Entered: 11/16/2021 08:08 AM] |
| MOTION for leave to file supplemental appendix filed by Appellee Facebook, Inc.. Certificate of service dated 11/16/2021. [21-1582] (ESM) [Entered: 11/16/2021 09:38 PM] |
| DISCLOSURE statement filed by Appellee Facebook, Inc. Certificate of service dated 11/15/2021. [21-1582] (LIM) [Entered: 11/16/2021 09:31 AM] |
| APPELLEE'S BRIEF filed by Appellee Facebook, Inc. Certificate of service dated 11/15/2021. 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 11/23/2021 . [21-1582] (LIM) [Entered: 11/16/2021 09:31 AM] |
| DISCLOSURE statement filed by Appellee Google LLC. Certificate of service dated 11/15/2021. [21-1582] (LIM) [Entered: 11/16/2021 09:03 AM] |
| APPELLEE'S BRIEF filed by Appellee Google LLC. Certificate of service dated 11/15/2021. 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 11/23/2021 . [21-1582] (LIM) [Entered: 11/16/2021 09:02 AM] |
| BRIEF tendered by Appellee Google LLC. [21-1582] (JBM) [Entered: 11/15/2021 03:36 PM] |
| BRIEF tendered by Appellee Facebook, Inc.. [21-1582] (ESM) [Entered: 11/15/2021 11:48 PM] |
| PETITION for hearing en banc filed by Appellant Rian G. Waters. Certificate of service dated 11/14/2021. [21-1582] (RGW) [Entered: 11/14/2021 06:12 PM] |
| MOTION for leave to file supplemental appendix filed by Appellant Rian G. Waters. Certificate of service dated 11/12/2021. [21-1582] (RGW) [Entered: 11/12/2021 02:13 PM] |
| NINE (9) paper copies of appellant/petitioner brief [ # 6452422-2 ] submitted by Appellant Rian G. Waters. [21-1582] (AVN) [Entered: 10/22/2021 09:01 AM] |
| APPENDIX filed by Appellant Rian G. Waters. Certificate of service dated 10/14/2021. [21-1582] (AVN) [Entered: 10/14/2021 09:12 AM] |
| APPELLANT'S BRIEF filed by Appellant Rian G. Waters. Certificate of service dated 10/14/2021. 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 10/21/2021 . Brief due 11/15/2021 for APPELLEES Facebook, Inc., Google LLC and Aidan Kearney. [21-1582] (LIM) [Entered: 10/14/2021 08:45 AM] |
| BRIEF tendered by Appellant Rian G. Waters. [21-1582] (RGW) [Entered: 10/14/2021 01:48 AM] |
| APPENDIX tendered by Appellant Rian G. Waters. Certificate of service dated 10/14/2021. [21-1582] (RGW) [Entered: 10/14/2021 01:21 AM] |
| BRIEF tendered by Appellant Rian G. Waters. [21-1582] (RGW) [Entered: 10/14/2021 12:09 AM] |
| MOTION to extend time to file brief and appendix filed by Appellant Rian G. Waters. Certificate of service dated 10/13/2021. [21-1582] (RGW) [Entered: 10/13/2021 12:45 AM] |
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ORDER granting motion to extend time to file brief and appendix filed by Appellant Rian G. Waters. Brief and Appendix due 10/13/2021 for appellant Rian G. Waters. [21-1582] (JMK) [Entered: 10/13/2021 09:25 AM]
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ORDER entered: Upon consideration, plaintiff-appellant Rian G. Waters' motion to file an oversized principal brief containing up to 55 pages is granted. Appellant's brief and appendix shall be filed on or before October 12, 2021 . [21-1582] (JMK) [Entered: 09/28/2021 09:44 AM]
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| MOTION for leave to file oversized brief filed by Appellant Rian G. Waters. Certificate of service dated 09/27/2021. [21-1582] CLERK'S NOTE: Docket entry was edited to modify the docket text. (RGW) [Entered: 09/27/2021 04:22 PM] |
| BRIEFING schedule set. Brief and Appendix due 10/12/2021 for appellant Rian G. Waters. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. Please see the court's general order issued April 20, 2020, requiring the electronic filing of appendices. [21-1582] (JMK) [Entered: 08/31/2021 03:33 PM] |
| NOTICE issued. After 09/02/2021 , the following attorney will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Ryan P. McLane for Aidan Kearney. [21-1582] (JMK) [Entered: 08/19/2021 10:13 AM] |
| NOTICE of appearance on behalf of Appellee Facebook, Inc. filed by Attorney Erica Miranda. Certificate of service dated 08/18/2021. [21-1582] (ESM) [Entered: 08/18/2021 12:27 PM] |
| NOTICE of appearance on behalf of Appellee Facebook, Inc. filed by Attorney Matan Shacham. Certificate of service dated 08/17/2021. [21-1582] (MS) [Entered: 08/17/2021 02:20 PM] |
| NOTICE of appearance on behalf of Appellee Google LLC filed by Attorney Jason B. Mollick. Certificate of service dated 08/06/2021. [21-1582] (JBM) [Entered: 08/06/2021 05:25 PM] |
| NOTICE of appearance on behalf of Appellee Google LLC filed by Attorney Alan D. Rose, Sr.. Certificate of service dated 08/05/2021. [21-1582] (ADR) [Entered: 08/05/2021 03:42 PM] |
| NOTICE of appearance on behalf of Appellee Google LLC filed by Attorney Laura B. Kirshenbaum. Certificate of service dated 08/05/2021. [21-1582] (LBK) [Entered: 08/05/2021 03:46 PM] |
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ORDER entered: In an order entered on May 11, 2021 in No. 3:20-cv-30168-MGM (D. Mass.), the district court certified pursuant to 28 U.S.C. 1915(a)(3) and Fed. R. App. P. 24(a)(3)(A) that the appeal is not taken in good faith. If appellant seeks to challenge the district court's certification, he must file a motion pursuant to Fed. R. App. P. 24(a)(5), provided that he do so before September 3, 2021 . Accordingly, on or before September 3, 2021 , appellant must either pay the $505 filing fee to the district court or file a motion in this court pursuant to Fed. R. App. P. 24(a)(5). Failure to take either action will lead to dismissal of the appeal for lack of prosecution. See 1st Cir. R. 3.0(b). [21-1582] (JMK) [Entered: 08/04/2021 08:34 AM]
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| CIVIL CASE docketed. Notice of appeal (doc. #94) filed by Appellant Rian G. Waters. [21-1582] (JMK) [Entered: 08/03/2021 09:27 AM] |
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