Twitter, Inc. v. Ken Paxton
| TWITTER, INC. |
| KEN PAXTON, in his official capacity as Attorney General of Texas |
| 21-15869 |
| May 14, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 Twitter, Inc. v. Paxton
|
|
TWITTER, INC. V. KEN PAXTON
|
Docket Report
RSS Track this Docket
This docket was last retrieved on June 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
Filed order (BARRY G. SILVERMAN, JACQUELINE H. NGUYEN and RYAN D. NELSON) Order by Judges NGUYEN and R. NELSON, Dissent by Judge SILVERMAN The motion for an injunction pending appeal (Docket Entry No. [ # 11 ]) is denied. Twitter has not shown that it is likely to succeed on the merits. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). We preliminarily conclude that Twitters motion for injunctive relief is premature. See Wolfson v. Brammer, 616 F.3d 1045, 1058 (9th Cir. 2000) (quoting Thomas v. Anchorage Equal Rts. Commn, 220 F.3d 1134, 113839 (9th Cir. 2000) (en banc)). Here, there is no indication that any action has been taken to enforce the Civil Investigative Demand (CID) and Paxton appears to lack authority to sanction Twitter for failure to comply with the CID without first filing a separate enforcement action. See Reisman v. Caplin, 375 U.S. 440, 449 (1964); accord Google, Inc. v. Hood, 822 F.3d 212, 226 (5th Cir. 2016) (rejecting Googles pre-enforcement challenge because the states non-self-executing subpoena was not ripe for review). Moreover, Twitter has not provided facts sufficient to support a real risk of imminent harm through self-censorship or otherwise. Twitters vague allegation of a chilling effect on its internal moderation deliberations, without more, is insufficient to satisfy its burden to establish imminent harm necessary for issuance of an injunction. Twitter relies on inapposite cases where plaintiffs raise challenges to state statutes. See Cal. Pro-Life Council, Inc. v. Getman, 328 F.3d 1088 (9th Cir. 2003); Wolfson, 616 F.3d 1045. In those cases, there was no question that plaintiffs were subject to the statutes at issue nor was there any question regarding the states authority to enforce those statutes. But the CID here appears to be non-self-executing. We therefore deny the injunction. See Winter, 555 U.S. at 20. As this is a preliminary analysis, we defer a final determination of ripeness to the merits panel. DENIED. (SEE ORDER FOR FULL TEXT) [12159520] (JBS) [Entered: 06/30/2021 03:27 PM]
|
| Filing 14 Filed (ECF) Appellant Twitter, Inc. reply to response (motion for injunction pending appeal, ). Date of service: 06/21/2021. [12150098] [21-15869] (Carome, Patrick) [Entered: 06/21/2021 08:06 PM] |
| Filing 13 Filed (ECF) Appellee Ken Paxton response opposing motion ([ # 11 ] Motion (ECF Filing), [ # 11 ] Motion (ECF Filing)). Date of service: 06/17/2021. [12147962] [21-15869] (Pettit, Lanora) [Entered: 06/17/2021 07:49 PM] |
| Filing 12 Filed clerk order (Deputy Clerk: AC): The court has received appellants emergency motion for an injunction pending appeal. The response to the motion is due June 17, 2021. The optional reply in support of the motion is due June 21, 2021. The existing briefing schedule remains in effect. [12142358] (JBS) [Entered: 06/11/2021 04:08 PM] |
| Filing 11 Filed (ECF) Appellant Twitter, Inc. EMERGENCY Motion for injunction pending appeal. Includes motion to expedite briefing. Date of service: 06/10/2021. [12141283] [21-15869]--[COURT UPDATE: Edited docket text to reflect content of filing. 06/11/2021 by QDL] (Carome, Patrick) [Entered: 06/10/2021 10:22 PM] |
| Filing 10 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12136886] (BLS) [Entered: 06/08/2021 08:43 AM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 05/28/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12128123]. [21-15869] (AD) [Entered: 05/28/2021 12:44 PM] |
| Filing 8 Filed (ECF) Appellant Twitter, Inc. Mediation Questionnaire. Date of service: 05/28/2021. [12128037] [21-15869] (Carome, Patrick) [Entered: 05/28/2021 11:59 AM] |
| Filing 7 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [12127950] (LW) [Entered: 05/28/2021 11:11 AM] |
| Filing 6 Added Attorney(s) Benjamin D. Wilson for party(s) Appellee Ken Paxton, in case 21-15869. [12115302] (QDL) [Entered: 05/17/2021 01:30 PM] |
| Filing 5 Filed (ECF) notice of appearance of Benjamin Daniel Wilson (Office of the Texas Attorney General, Solicitor General Division, P. O. Box 12548 (Mail Code 09), Austin, Texas 78711-2548) for Appellee Ken Paxton. Date of service: 05/17/2021. (Party was previously proceeding with counsel.) [12115167] [21-15869] (Wilson, Benjamin) [Entered: 05/17/2021 12:10 PM] |
| Filing 4 Added Attorney(s) Judd E. Stone II, Lanora Christine Pettit for party(s) Appellee Ken Paxton, in case 21-15869. [12115140] (QDL) [Entered: 05/17/2021 12:02 PM] |
| Filing 3 Filed (ECF) notice of appearance of Lanora Christine Pettit (Office of the Texas Attorney General, Solicitor General Division, P. O. Box 12548 (Mail Code 059), Austin, Texas 78711-2548) for Appellee Ken Paxton. Date of service: 05/17/2021. (Party was previously proceeding with counsel.) [12115078] [21-15869] (Pettit, Lanora) [Entered: 05/17/2021 11:40 AM] |
| Filing 2 Filed (ECF) notice of appearance of Judd Edward Stone II (Office of the Texas Attorney General, Solicitor General Division, P.O. Box 12548 (Mail Code 059), Austin, Texas 78711-2548) for Appellee Ken Paxton. Date of service: 05/17/2021. (Party was previously proceeding with counsel.) [12115056] [21-15869] (Stone, Judd) [Entered: 05/17/2021 11:31 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Twitter, Inc. Mediation Questionnaire due on 05/21/2021. Appellant Twitter, Inc. opening brief due 07/16/2021. Appellee Ken Paxton answering brief due 08/16/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12113761] (RT) [Entered: 05/14/2021 02:50 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
