TIKTOK INC. et al v. TRUMP et al Featured Case

Plaintiffs TikTok Inc. and ByteDance Ltd. sued Defendants President Trump, Secretary of Commerce Wilbur L. Ross, Jr. and the U.S. Department of Commerce to prevent the government from banning TikTok. The Complaint alleged that the prohibitions are arbitrary and capricious and therefore unlawful under the Administrative Procedure Act; the ban violates the First Amendment Right to Free Speech; the Executive Order and Commerce Department prohibitions violate the Due Process Clause of the Fifth Amendment, are Ultra Vires because they are not based on a bona fide national emergency, and are unlawful because they restrict personal communications and the transmission of informational materials in violation of IEEPA; and the Executive Order violates the Takings Clause of the Fifth Amendment.

Plaintiff: TIKTOK INC. and BYTEDANCE LTD.
Not Classified By Court: U.S. DEPARTMENT OF COMMERCE, DONALD J. TRUMP and WILBUR L. ROSS, JR.
Case Number: 1:2020cv02658
Filed: September 18, 2020
Court: US District Court for the District of Columbia
Nature of Suit: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 05:0706
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2020 Set/Reset Hearings: Telephone Scheduling Conference set for 9/24/2020 at 10:00 AM in Telephonic/VTC before Judge Carl J. Nichols. (zcal)
September 23, 2020 Opinion or Order MINUTE ORDER. After considering Plaintiffs' 15 Motion for Preliminary Injunction and Defendants' 16 Position Regarding Briefing Schedule, it is hereby ORDERED that a telephonic hearing shall take place on September 24, 2020, at 10:00 a.m., to discuss the schedule for Plaintiffs' 15 Motion. The Parties should be prepared to discuss, among other issues, the government's decision to select different effective dates for the implementation of prohibited transactions directed against TikTok Inc. The Parties may also address any other issues that they believe will be helpful to the Court in setting the schedule for Plaintiffs' 15 Motion. Signed by Judge Carl J. Nichols on September 23, 2020. (lccjn3)
September 23, 2020 Filing 17 NOTICE of Appearance by Daniel Stephen Garrett Schwei on behalf of All Defendants (Schwei, Daniel)
September 23, 2020 Filing 16 NOTICE of Government's Position Regarding Briefing Schedule by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE re 15 MOTION for Preliminary Injunction (Schwei, Daniel)
September 23, 2020 Filing 15 MOTION for Preliminary Injunction by BYTEDANCE LTD., TIKTOK INC. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Text of Proposed Order)(Hall, John)
September 23, 2020 Opinion or Order MINUTE ORDER. The Court having considered Plaintiffs' 11 Motion for Admission Pro Hac Vice of Anders Linderot, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Anders Linderot is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Carl J. Nichols on September 23, 2020. (lccjn3)
September 23, 2020 Opinion or Order MINUTE ORDER. The Court having considered Plaintiffs' 11 Motion for Admission Pro Hac Vice of Mitchell A. Kamin, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Mitchell A. Kamin is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Carl J. Nichols on September 23, 2020. (lccjn3)
September 22, 2020 Filing 14 NOTICE of Appearance by Megan Anne Crowley on behalf of All Plaintiffs (Crowley, Megan)
September 22, 2020 Filing 13 SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE. (Attachment: # 1 Notice and Consent)(eg)
September 21, 2020 Filing 12 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anders Linderot, Filing fee $ 100, receipt number ADCDC-7619312. Fee Status: Fee Paid. by BYTEDANCE LTD., TIKTOK INC. (Keenan, Megan)
September 21, 2020 Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mitchell A. Kamin, Filing fee $ 100, receipt number ADCDC-7619297. Fee Status: Fee Paid. by BYTEDANCE LTD., TIKTOK INC. (Keenan, Megan)
September 21, 2020 Filing 10 NOTICE of Appearance by Alexander Adelman Berengaut on behalf of All Plaintiffs (Berengaut, Alexander)
September 21, 2020 Opinion or Order Filing 9 STANDING ORDER. Signed by Judge Carl J. Nichols on September 21, 2020. (lccjn3)
September 21, 2020 Filing 8 REQUEST FOR SUMMONS TO ISSUE US DEPARTMENT OF COMMERCE re 1 Complaint, filed by TIKTOK INC., BYTEDANCE LTD.. Related document: 1 Complaint, filed by BYTEDANCE LTD., TIKTOK INC..(Hall, John)
September 21, 2020 Filing 7 Case randomly reassigned to Judge Carl J. Nichols. Judge Randolph D. Moss is no longer assigned to the case. (ztnr)
September 21, 2020 Filing 6 SUMMONS (4) Issued Electronically as to WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb)
September 21, 2020 Case Assigned to Judge Randolph D. Moss. (zsb)
September 19, 2020 Filing 5 NOTICE of Appearance by Megan Christine Keenan on behalf of All Plaintiffs (Keenan, Megan)
September 19, 2020 Filing 4 NOTICE of Appearance by Beth Susan Brinkmann on behalf of All Plaintiffs (Brinkmann, Beth)
September 18, 2020 Filing 3 NOTICE of Appearance by John Edward Hall on behalf of BYTEDANCE LTD., TIKTOK INC. (Hall, John)
September 18, 2020 Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests TIKTOK INC. and BYTEDANCE LTD. by BYTEDANCE LTD., TIKTOK INC. (Hall, John)
September 18, 2020 Filing 1 COMPLAINT TIKTOK INC. and BYTEDANCE LTD. against WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 400 receipt number ADCDC-7612579) filed by TIKTOK INC., BYTEDANCE LTD.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Hall, John)

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Plaintiff: TIKTOK INC.
Represented By: John Edward Hall
Represented By: Beth Susan Brinkmann
Represented By: Megan Christine Keenan
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Plaintiff: BYTEDANCE LTD.
Represented By: John Edward Hall
Represented By: Beth Susan Brinkmann
Represented By: Megan Christine Keenan
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Not classified by court: U.S. DEPARTMENT OF COMMERCE
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Not classified by court: DONALD J. TRUMP
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Not classified by court: WILBUR L. ROSS, JR.
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