Justin Hart v. Facebook, Inc., et al
| JUSTIN HART |
| FACEBOOK, INC., TWITTER, INC., VIVEK MURTHY, in his official capacity as United States Surgeon General, JOSEPH R BIDEN, in his official capacity as President of the United States, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and OFFICE OF MANAGEMENT AND BUDGET |
| 23-15858 |
| June 9, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
|---|
| JUSTIN HART V. FACEBOOK, INC., ET AL |
Docket Report
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This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 46 Received 6 paper copies of Reply Brief [ # 44 ] filed by Justin Hart. [12819641] (SD) [Entered: 11/03/2023 01:57 PM] |
| Filing 45 Filed clerk order: The reply brief [ # 44 ] submitted by Justin Hart is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12817633] (SML) [Entered: 10/31/2023 11:42 AM] |
| Filing 44 Submitted (ECF) Reply Brief for review. Submitted by Appellant Justin Hart. Date of service: 10/27/2023. [12816585] [23-15858] (Dougherty, Buck) [Entered: 10/27/2023 03:41 PM] |
| Filing 43 Filed (ECF) Appellees Joseph R Biden, Vivek Murthy, Office of Management and Budget and United States Department of Health and Human Services citation of supplemental authorities. Date of service: 10/27/2023. [12816403] [23-15858] (Winik, Daniel) [Entered: 10/27/2023 12:56 PM] |
| Filing 42 Received 6 paper copies of Answering Brief [ # 36 ] filed by Twitter, Inc.. [12812999] (NAR) [Entered: 10/20/2023 12:13 PM] |
| Filing 41 Received 6 paper copies of Answering Brief [ # 35 ] filed by Facebook, Inc.. [12812394] (NAR) [Entered: 10/19/2023 12:13 PM] |
| Filing 40 Received 3 paper copies of excerpts of record [ # 37 ] in 1 volume(s) filed by Twitter, Inc.. [12812390] (NAR) [Entered: 10/19/2023 12:10 PM] |
| Filing 39 Filed clerk order: The answering brief [ # 35 ] submitted by Appellee Facebook, Inc. is filed. The answering brief [ # 36 ] and the supplemental excerpts of record [ # 37 ] submitted by Appellee Twitter, Inc. is filed. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the answering briefs must be red. Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12810118] (SML) [Entered: 10/16/2023 11:41 AM] |
| Filing 38 Filed (ECF) Attorney Daniel L. Winik for Appellees Joseph R Biden, Vivek Murthy, Office of Management and Budget and United States Department of Health and Human Services response to notice for case being considered for oral argument. Date of service: 10/12/2023. [12808650] [23-15858] (Winik, Daniel) [Entered: 10/12/2023 12:36 PM] |
| Filing 37 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Twitter, Inc.. Date of service: 10/06/2023. [12806381] [23-15858] (Patchen, Jonathan) [Entered: 10/06/2023 03:16 PM] |
| Filing 36 Submitted (ECF) Answering Brief for review. Submitted by Appellee Twitter, Inc.. Date of service: 10/06/2023. [12806369] [23-15858] (Patchen, Jonathan) [Entered: 10/06/2023 03:07 PM] |
| Filing 35 Submitted (ECF) Answering Brief for review. Submitted by Appellee Facebook, Inc.. Date of service: 10/06/2023. [12806279] [23-15858] (Colella, Abigail) [Entered: 10/06/2023 02:17 PM] |
| Filing 34 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for February 2024 and the subsequent month in that location at # http://www.ca9.uscourts.gov/court_sessions . Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12806130]. [23-15858] (KS) [Entered: 10/06/2023 12:22 PM] |
| Filing 33 Received 6 paper copies of Answering Brief [ # 29 ] filed by Joseph R Biden, et al. [12805679] (SD) [Entered: 10/05/2023 04:27 PM] |
| Filing 32 Received 3 paper copies of supplemental excerpts of record [ # 30 ] in 1 volume filed by Appellees Joseph R Biden, et al. [12805671] (SD) [Entered: 10/05/2023 04:22 PM] |
| Filing 31 Filed clerk order: The answering brief [ # 29 ] submitted by Joseph R Biden; et al., is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 30 ] submitted by Joseph R Biden; et al., are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12804175] (SML) [Entered: 10/04/2023 10:44 AM] |
| Filing 30 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Joseph R Biden, Vivek Murthy, Office of Management and Budget and United States Department of Health and Human Services. Date of service: 10/02/2023. [12802329] [23-15858] (Winik, Daniel) [Entered: 10/02/2023 11:23 AM] |
| Filing 29 Submitted (ECF) Answering Brief for review. Submitted by Appellees Joseph R Biden, Vivek Murthy, Office of Management and Budget and United States Department of Health and Human Services. Date of service: 10/02/2023. [12802326] [23-15858] (Winik, Daniel) [Entered: 10/02/2023 11:21 AM] |
| Filing 28 Terminated Robert H. Tyler for Justin Hart. [12779501] (RL) [Entered: 08/23/2023 12:00 PM] |
| Filing 27 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Robert H. Tyler, Esquire for Appellant Justin Hart. Party proceeding without counsel: No. Party mailing address: Robert H. Tyler, 25026 Las Brisas Road, Murrieta, California 92562. Date of service: 08/23/2023. [12779494] [23-15858] (Tyler, Robert) [Entered: 08/23/2023 11:56 AM] |
| Filing 26 Received 6 paper copies of Opening Brief [ # 19 ] filed by Justin Hart. [12774724] (SD) [Entered: 08/15/2023 03:18 PM] |
| Filing 25 Received 3 paper copies of excerpts of record [ # 20 ] in 4 volume(s) and index volume filed by Appellant Justin Hart. [12774718] (SD) [Entered: 08/15/2023 03:16 PM] |
| Filing 24 Streamlined request [23] by Appellee Twitter, Inc. to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees Joseph R Biden, Facebook, Inc., Vivek Murthy, Office of Management and Budget, Twitter, Inc. and United States Department of Health and Human Services answering brief due 10/06/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12771929] (DR) [Entered: 08/10/2023 11:59 AM] |
| Filing 23 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Twitter, Inc.. New requested due date is 10/06/2023. [12771843] [23-15858] (Patchen, Jonathan) [Entered: 08/10/2023 11:08 AM] |
| Filing 22 Filed clerk order: The opening brief [ # 19 ] submitted by Justin Hart is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 20 ] submitted by Justin Hart are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12771512] (SML) [Entered: 08/09/2023 03:50 PM] |
| Filing 21 Added Attorney(s) Buck Dougherty for party(s) Appellant Justin Hart. [12770093] (RL) [Entered: 08/08/2023 09:07 AM] |
| Filing 20 Submitted (ECF) excerpts of record. Submitted by Appellant Justin Hart. Date of service: 08/07/2023. [12770011] [23-15858] (Huebert, Jacob) [Entered: 08/07/2023 11:45 PM] |
| Filing 19 Submitted (ECF) Opening Brief for review. Submitted by Appellant Justin Hart. Date of service: 08/07/2023. [12770010] [23-15858] (Huebert, Jacob) [Entered: 08/07/2023 11:43 PM] |
| Filing 18 Filed (ECF) notice of appearance of M.E. Buck Dougherty III (Liberty Justice Center, 440 N. Wells St., Ste. 200, Chicago IL 60654) for Appellant Justin Hart. Date of service: 08/07/2023. (Party was previously proceeding with counsel.) [12769932] [23-15858] (Dougherty, Buck) [Entered: 08/07/2023 05:11 PM] |
| Filing 17 Added Attorney(s) Julianne E. Fleischer for party(s) Appellant Justin Hart. [12766809] (RL) [Entered: 08/02/2023 02:10 PM] |
| Filing 16 Filed (ECF) notice of appearance of Julianne E. Fleischer (Advocates for Faith and Freedom, 25026 Las Brisas Road, Murrieta, California 92562) for Appellant Justin Hart. Date of service: 08/02/2023. (Party was previously proceeding with counsel.) [12766804] [23-15858] (Fleischer, Julianne) [Entered: 08/02/2023 02:06 PM] |
| Filing 15 Terminated Nada Nassar Higuera for Justin Hart. [12758207] (RL) [Entered: 07/19/2023 02:06 PM] |
| Filing 14 Filed (ECF) Notice of withdrawal of counsel. Filed by Nada Nassar Higuera, Esquire for Appellant Justin Hart and Mr. Robert H. Tyler, Esquire for Appellant Justin Hart. Party proceeding without counsel: No. Date of service: 07/19/2023. [12758068] [23-15858] (Tyler, Robert) [Entered: 07/19/2023 12:31 PM] |
| Filing 13 Added Attorney(s) Abigail Colella, Eric Shumsky for party(s) Appellee Facebook, Inc.. [12757761] (RL) [Entered: 07/19/2023 09:09 AM] |
| Filing 12 Filed (ECF) notice of appearance of Eric A. Shumsky (Orrick, Herrington & Sutcliffe LLP, 1152 15th Street, NW, Washington, DC 20005) for Appellee Facebook, Inc.. Date of service: 07/18/2023. (Party was previously proceeding with counsel.) [12757667] [23-15858] (Shumsky, Eric) [Entered: 07/18/2023 06:31 PM] |
| Filing 11 Filed (ECF) notice of appearance of Abigail Colella (Orrick, Herrington & Sutcliffe LLP, 1152 15th Street, NW, Washington, DC 20005) for Appellee Facebook, Inc.. Date of service: 07/18/2023. (Party was previously proceeding with counsel.) [12757666] [23-15858] (Colella, Abigail) [Entered: 07/18/2023 06:28 PM] |
| Filing 10 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12744684] (CL) [Entered: 06/28/2023 11:14 AM] |
| Filing 9 MEDIATION ORDER FILED: By 06/27/2023, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12738864] (CL) [Entered: 06/20/2023 10:57 AM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 06/16/2023. 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.[12738361]. [23-15858] (AD) [Entered: 06/16/2023 06:44 PM] |
| Filing 7 Filed (ECF) Appellant Justin Hart Mediation Questionnaire. Date of service: 06/16/2023. [12738131] [23-15858] (Huebert, Jacob) [Entered: 06/16/2023 03:16 PM] |
| Filing 6 Added Attorney(s) Jacob H. Huebert for party(s) Appellant Justin Hart. [12737964] (RL) [Entered: 06/16/2023 01:35 PM] |
| Filing 5 Filed (ECF) notice of appearance of Jacob H. Huebert (Liberty Justice Center, 440 N. Wells St., Ste. 200, Chicago IL 60654) for Appellant Justin Hart. Date of service: 06/16/2023. (Party was previously proceeding with counsel.) [12737934] [23-15858] (Huebert, Jacob) [Entered: 06/16/2023 01:01 PM] |
| Filing 4 Attorney Kuntal Cholera substituted by Attorneys Daniel L. Winik and Daniel Tenny. [12732716] (RL) [Entered: 06/09/2023 01:51 PM] |
| Filing 3 Filed (ECF) notice of appearance of Daniel Tenny (U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Rm 7215, Washington, DC 20530) for Appellees Joseph R Biden, Vivek Murthy, Office of Management and Budget and United States Department of Health and Human Services. Date of service: 06/09/2023. (Party was previously proceeding with counsel.) [12732676] [23-15858] (Tenny, Daniel) [Entered: 06/09/2023 01:21 PM] |
| Filing 2 Filed (ECF) notice of appearance of Daniel Winik (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Avenue NW, Washington, D.C. 20530) for Appellees Joseph R Biden, Vivek Murthy, Office of Management and Budget and United States Department of Health and Human Services. Substitution for Attorney Kuntal Cholera for Appellees Joseph R Biden, Vivek Murthy, Office of Management and Budget and United States Department of Health and Human Services. Date of service: 06/09/2023. (Party was previously proceeding with counsel.) [12732652] [23-15858] (Winik, Daniel) [Entered: 06/09/2023 01:06 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Justin Hart Mediation Questionnaire due on 06/16/2023. Appellant Justin Hart opening brief due 08/07/2023. Appellees Joseph R Biden, Facebook, Inc., Vivek Murthy, Office of Management and Budget, Twitter, Inc. and United States Department of Health and Human Services answering brief due 09/06/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12732431] (JBS) [Entered: 06/09/2023 10:34 AM] |
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