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.
Defendant: JOSEPH R. BIDEN, JR.
Petitioner: NETCHOICE, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS and JEFFREY A. LOVITKY
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
Presiding Judge: Carl J Nichols
Nature of Suit: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 0706 Judicial Review of Agency Actions
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2021 Opinion or Order Filing 71 STIPULATION of Dismissal Without Prejudice by BYTEDANCE LTD., TIKTOK INC.. (Berengaut, Alexander)
July 20, 2021 Opinion or Order Filing 72 MANDATE of USCA as to #39 Notice of Appeal to DC Circuit Court filed by DONALD J. TRUMP, WILBUR L. ROSS, JR., U.S. DEPARTMENT OF COMMERCE ; USCA Case Number 20-5302. (Attachment: #1 Order)(zeg)
July 15, 2021 Opinion or Order Filing 70 TRANSCRIPT OF PROCEEDINGS before Judge Carl J. Nichols, held on November 4, 2020; Page Numbers: 1-45. Date of Issuance: July 15, 2021. Court Reporter/Transcriber: Lorraine Herman. Telephone number: 202-354-3196. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter re ferenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/5/2021. Redacted Transcript Deadline set for 8/15/2021. Release of Transcript Restriction set for 10/13/2021.(Herman, Lorraine)
July 14, 2021 Opinion or Order Filing 69 MANDATE of USCA as to #62 Notice of Appeal to DC Circuit Court, filed by DONALD J. TRUMP, WILBUR L. ROSS, JR., U.S. DEPARTMENT OF COMMERCE ; USCA Case Number 20-5381. (Attachment: #1 Order)(eg)
July 14, 2021 Opinion or Order MINUTE ORDER. Upon review of the Parties' #68 Joint Status Report, it is hereby ORDERED that the Parties file an additional Joint Status Report by July 26, 2021. Signed by Judge Carl J. Nichols on July 14, 2021. (lccjn3)
July 14, 2021 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 7/26/2021. (zcal)
July 12, 2021 Opinion or Order Filing 68 Joint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel)
June 21, 2021 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 7/12/2021. (zcal)
June 21, 2021 Opinion or Order MINUTE ORDER. Upon review of the Parties' #67 Joint Status Report, it is hereby ORDERED that the Parties file an additional Joint Status Report by July 12, 2021. Signed by Judge Carl J. Nichols on June 21, 2021. lccjn3)
June 11, 2021 Opinion or Order Filing 67 Joint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel)
April 15, 2021 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 6/11/2021. (zcal)
April 15, 2021 Opinion or Order MINUTE ORDER. Upon review of the Parties' #66 Joint Status Report, it is hereby ORDERED that the Parties file an additional Joint Status Report by June 11, 2021. Signed by Judge Carl J. Nichols on April 15, 2021. (lccjn3)
April 12, 2021 Opinion or Order Filing 66 Joint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel)
February 16, 2021 Opinion or Order MINUTE ORDER. Upon review of the Parties' #65 Joint Status Report, it is hereby ORDERED that all pending deadlines in this case are STAYED until further notice. The Parties shall file another Joint Status Report by April 12, 2021, advising the Court on whether the Parties have narrowed or eliminated any of the issues raised in this case. Signed by Judge Carl J. Nichols on February 16, 2021. (lccjn3)
February 16, 2021 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 4/12/2021. (zcal)
February 11, 2021 Opinion or Order Filing 65 Joint STATUS REPORT by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel)
January 15, 2021 Opinion or Order NOTICE OF ERROR re #64 Status Report; emailed to bbrinkmann@cov.com, cc'd 32 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. Attorney signature must match login/password in future filings. (zeg, )
January 13, 2021 Opinion or Order MINUTE ORDER. Upon review of the Parties' #64 Joint Status Report, it is hereby ORDERED that Defendants' shall respond to Plaintiffs' #1 Complaint by February 18, 2021. It is further ORDERED that the Parties shall file another Joint Status Report by February 11, 2021, advising the Court on whether any further extension is warranted. Signed by Judge Carl J. Nichols on January 13, 2021. (lccjn3)
January 13, 2021 Opinion or Order Set/Reset Deadlines: Answer due by 2/18/2021. Joint Status Report due by 2/11/2021. (zcal)
January 12, 2021 Opinion or Order Filing 64 Joint STATUS REPORT by BYTEDANCE LTD., TIKTOK INC.. (Brinkmann, Beth)
December 29, 2020 Opinion or Order USCA Case Number 20-5381 for #62 Notice of Appeal to DC Circuit Court, filed by DONALD J. TRUMP, WILBUR L. ROSS, JR., U.S. DEPARTMENT OF COMMERCE. (eg)
December 28, 2020 Opinion or Order Filing 63 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re #62 Notice of Appeal to DC Circuit Court,. (eg)
December 28, 2020 Opinion or Order Filing 62 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #59 Order on Motion for Preliminary Injunction by U.S. DEPARTMENT OF COMMERCE, WILBUR L. ROSS, JR, DONALD J. TRUMP. Fee Status: No Fee Paid. Parties have been notified. (Attachments: #1 Order, #2 Opinion)(Robinson, Stuart)
December 23, 2020 Opinion or Order Set/Reset Deadlines: Answer due by 1/19/2021. Joint Status Report due by 1/12/2021. (zcal)
December 23, 2020 Opinion or Order MINUTE ORDER. Upon review of the Parties' #61 Joint Status Report, it is hereby ORDERED that Defendants' shall respond to Plaintiffs' #1 Complaint by January 19, 2021. It is further ORDERED that the Parties shall file another Joint Status Report by January 12, 2021, advising the Court on whether any further extension is warranted. Signed by Judge Carl J. Nichols on December 23, 2020. (lccjn3)
December 18, 2020 Opinion or Order Filing 61 Joint STATUS REPORT by BYTEDANCE LTD., TIKTOK INC.. (Hall, John)
December 7, 2020 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (zcal)
December 7, 2020 Opinion or Order Filing 60 MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on December 7, 2020. (lccjn3)
December 7, 2020 Opinion or Order Filing 59 ORDER granting Plaintiffs' #43 Motion for Preliminary Injunction. Signed by Judge Carl J. Nichols on December 7, 2020. (lccjn3)
November 25, 2020 Opinion or Order Filing 58 NOTICE of Extension in CFIUS Matter by BYTEDANCE LTD., TIKTOK INC. (Hall, John)
November 24, 2020 Opinion or Order Set/Reset Deadlines: Answer due by 1/14/2021. Joint Status Report due by 1/7/2021. (zcal)
November 24, 2020 Opinion or Order MINUTE ORDER. Upon review of Defendants' #57 Motion to Stay, it is hereby ORDERED that the Motion is GRANTED in part and DENIED in part. As the Parties agree that a short extension of Defendants' deadline to respond to Plaintiffs' #1 Complaint will facilitate the orderly resolution of the merits of this case, the Court will GRANT Defendants' requested extension. But the Court is not prepared to halt merits proceedings entirely, so Defendants' requested stay is DENIED. Defendants shall respond to Plaintiffs' #1 Complaint by January 14, 2021. The Parties shall also file a Joint Status Report on January 7, 2021, advising the Court on whether any further extension is warranted. Signed by Judge Carl J. Nichols on November 24, 2020. (lccjn3)
November 23, 2020 Opinion or Order Filing 57 MOTION to Stay Deadline for Responding to Complaint Pending D.C. Circuit Appeal of Preliminary Injunction by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Attachments: #1 Text of Proposed Order)(Schwei, Daniel)
November 13, 2020 Filing 56 NOTICE of Extension in CFIUS Matter by BYTEDANCE LTD., TIKTOK INC. (Hall, John)
November 12, 2020 Filing 55 NOTICE of Filing of Appeal in Separate Case by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Attachments: #1 Exhibit Notice of Appeal Filed in Separate Case)(Schwei, Daniel)
November 10, 2020 Filing 54 NOTICE of Filing by BYTEDANCE LTD., TIKTOK INC. (Attachments: #1 Petition for Review)(Hall, John)
November 6, 2020 Filing 53 SUPPLEMENTAL MEMORANDUM to re Order, Regarding Lack of Irreparable Harm Due to Existing Nationwide Injunction filed by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel)
November 6, 2020 Filing 52 SUPPLEMENTAL MEMORANDUM re #43 MOTION for Preliminary Injunction Against Commerce Prohibitions 2-5 filed by BYTEDANCE LTD., TIKTOK INC. by BYTEDANCE LTD., TIKTOK INC.. (Hall, John) Modified event title on 11/12/2020 (znmw).
November 4, 2020 Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Preliminary Injunction held on 11/4/2020. #43 Motion for Preliminary Injunction; taken under advisement. Further Order to be issued by the Court. Court Reporter: Lorraine Herman. (zcal)
November 4, 2020 Opinion or Order MINUTE ORDER. As discussed during the hearing on November 4, 2020, the Parties shall submit supplemental briefing (not to exceed three pages) by November 6, 2020, discussing whether Plaintiffs still face irreparable harm in light of the October 30, 2020 Order in Marland v. Trump, No. 2:20-cv-04597 (E.D. Pa.). Signed by Judge Carl J. Nichols on November 4, 2020. (lccjn3)
November 4, 2020 Set/Reset Deadlines: Supplemental Briefing due by 11/6/2020. (zcal)
November 3, 2020 Filing 51 SEALED DOCUMENT filed by BYTEDANCE LTD., TIKTOK INC.. re #48 Joint Appendix filed by BYTEDANCE LTD., TIKTOK INC.. (This document is SEALED and only available to authorized persons.)(zeg)
November 1, 2020 Filing 49 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BYTEDANCE LTD., TIKTOK INC. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit AR Index for Sealed AR, #2 Exhibit Sealed AR Excerpt, #3 Text of Proposed Order Proposed Order)(Hall, John)
November 1, 2020 Filing 48 JOINT APPENDIX by BYTEDANCE LTD., TIKTOK INC.. (Attachments: #1 Exhibit AR Index, #2 Exhibit Public Redacted AR Part 1, #3 Exhibit Public Redacted AR Part 2)(Hall, John)
October 30, 2020 Filing 47 REPLY to opposition to motion re #43 MOTION for Preliminary Injunction Against Commerce Prohibitions 2-5 filed by BYTEDANCE LTD., TIKTOK INC.. (Attachments: #1 Exhibit A - EDPA Decision in Marland v. Trump)(Hall, John)
October 29, 2020 Filing 46 NOTICE of Supplementation of Administrative Record by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE re #33 Administrative Record, (Attachments: #1 Declaration Supplemental Declaration of John Costello)(Schwei, Daniel)
October 23, 2020 Filing 45 NOTICE of Lodging by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Attachments: #1 Exhibit 1 - Redacted Sept. 16 Assessment, #2 Exhibit 2 - Redacted Sept. 25 Assessment)(Schwei, Daniel)
October 23, 2020 Filing 44 Memorandum in opposition to re #43 MOTION for Preliminary Injunction Against Commerce Prohibitions 2-5 filed by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Schwei, Daniel)
October 14, 2020 Filing 43 MOTION for Preliminary Injunction Against Commerce Prohibitions 2-5 by BYTEDANCE LTD., TIKTOK INC. (Attachments: #1 Memorandum in Support of Renewed Motion for Preliminary Injunction, #2 Declaration (Supp.) - Roland Cloutier, #3 Declaration (Supp.) - Vanessa Pappas, #4 Exhibit to Supp. Pappas Decl. - Video File, #5 Declaration of Eric Han, #6 Declaration (Supp.) - Steven Weber, #7 Text of Proposed Order)(Hall, John)
October 14, 2020 Filing 42 TRANSCRIPT OF MOTION HEARING before Judge Carl J. Nichols, held on 09/27/2020. Page Numbers: 1-54. Date of Issuance: 10/14/2020. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. Aft er 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/4/2020. Redacted Transcript Deadline set for 11/14/2020. Release of Transcript Restriction set for 1/12/2021.(Wick, Sara)
October 9, 2020 Opinion or Order MINUTE ORDER. Upon consideration of Jeffery Lovitky's #40 Unopposed Motion for Leave to File an Amicus Curiae Brief Supporting Plaintiffs, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Mr. Lovitky's [40-1] Proposed Amicus Brief is accepted. Signed by Judge Carl J. Nichols on October 9, 2020. (lccjn3)
October 8, 2020 USCA Case Number 20-5302 for #39 Notice of Appeal to DC Circuit Court filed by DONALD J. TRUMP, WILBUR L. ROSS, JR., U.S. DEPARTMENT OF COMMERCE. (zrdj)
October 8, 2020 Filing 41 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re #39 Notice of Appeal to DC Circuit Court. (zrdj)
October 8, 2020 Filing 40 Unopposed MOTION for Leave to File by JEFFREY A. LOVITKY (Attachments: #1 Proposed Amicus Brief, #2 Text of Proposed Order)(Lovitky, Jeffrey)
October 8, 2020 Filing 39 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #29 Order on Motion for Preliminary Injunction by U.S. DEPARTMENT OF COMMERCE, WILBUR L. ROSS, JR, DONALD J. TRUMP. Fee Status: No Fee Paid. Parties have been notified. (Schwei, Daniel)
October 7, 2020 Filing 38 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILBUR L. ROSS, JR served on 9/28/2020, answer due 10/19/2020 (Hall, John)
October 7, 2020 Filing 37 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 10/2/2020, answer due 10/23/2020 (Hall, John)
October 7, 2020 Filing 36 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 9/28/2020, answer due 10/19/2020 (Hall, John)
October 7, 2020 Filing 35 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/22/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/21/2020. (Hall, John)
October 7, 2020 Filing 34 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/23/2020. (Hall, John)
October 6, 2020 Opinion or Order MINUTE ORDER: Preliminary Injunction Hearing set for 11/4/2020 at 10:00 AM in Telephonic/VTC before Judge Carl J. Nichols. So Ordered by Judge Carl J. Nichols on 10/6/2020. (zcal)
October 5, 2020 Filing 33 ADMINISTRATIVE RECORD Notice of Filing Certified Contents by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Attachments: #1 Declaration Certifying Contents of Administrative Record, #2 Certified Contents of Administrative Record)(Schwei, Daniel)
October 1, 2020 NOTICE OF CORRECTED DOCKET ENTRY: Defendant's Deadline date of when to file their opposition to Plaintiffs' motion was entered incorrectly. Defendants shall file their opposition to Plaintiffs' motion by October 23, 2020. (zcal)
October 1, 2020 Set/Reset Deadlines: Administrative Record due by 10/5/2020. Motions due by 10/14/2020. Response due by 10/23/2020. Reply due by 10/30/2020. (zcal)
October 1, 2020 Opinion or Order MINUTE ORDER. Upon review of the Parties' #32 Joint Status Report, the Court hereby enters the following briefing schedule: Defendants shall file a certified list of the contents of the Administrative Record by October 5, 2020; Plaintiffs shall file a motion for a preliminary injunction as to the prohibitions scheduled to take effect November 12, 2020, by October 14, 2020; Defendants shall file their opposition to Plaintiffs' motion by October 23, 2020; and Plaintiffs shall file their reply by October 30, 2020. It is so ORDERED. Signed by Judge Carl J. Nichols on October 1, 2020. (lccjn3) Modified on 10/1/2020 (lczm).
September 30, 2020 Filing 32 Joint STATUS REPORT by BYTEDANCE LTD., TIKTOK INC.. (Hall, John)
September 30, 2020 Filing 31 TRANSCRIPT OF PROCEEDINGS before Judge Carl J. Nichols held on September 24, 2020; Page Numbers: 1-30. Date of Issuance: September 30, 2020. Court Reporter Lorraine Herman, Telephone number 202-354-3196, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter reference d above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/21/2020. Redacted Transcript Deadline set for 10/31/2020. Release of Transcript Restriction set for 12/29/2020.(Herman, Lorraine)
September 28, 2020 Opinion or Order MINUTE ORDER. Based on the Parties' representations, it is hereby ORDERED that the Court's #30 Sealed Memorandum Opinion shall be UNSEALED. Signed by Judge Carl J. Nichols on September 28, 2020. (lccjn3)
September 27, 2020 Filing 30 MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on 9/27/2020. (zcal) Modified on 9/28/2020 to unseal document pursuant to Minute Order issued 9/28/2020 (zcal).
September 27, 2020 Opinion or Order Filing 29 ORDER granting in part and denying in part Plaintiffs' #15 Motion for Preliminary Injunction. Signed by Judge Carl J. Nichols on September 27, 2020. (lccjn3)
September 27, 2020 Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Telephone Preliminary Injunction held on 9/27/2020. #15 Motion for Preliminary Injunction and Motion to Expedite; taken under advisement. Further Order and Opinion to be issued by the Court. Court Reporter: Sara Wick. (zcal)
September 26, 2020 Filing 28 NOTICE OF SUPPLEMENTAL AUTHORITY by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Attachments: #1 Exhibit Marland v Trump Decision (E.D. Pa.))(Schwei, Daniel)
September 26, 2020 Filing 27 RESPONSE re #25 MOTION Request for a Public Dial-In for the September 27, 2020 Hearing on Plaintiffs' Application for a Preliminary Injunction re Sealed Order, filed by BYTEDANCE LTD., TIKTOK INC.. (Hall, John)
September 26, 2020 Filing 26 REPLY to opposition to motion re #15 MOTION for Preliminary Injunction MOTION to Expedite filed by BYTEDANCE LTD., TIKTOK INC.. (Hall, John)
September 26, 2020 Filing 25 MOTION Request for a Public Dial-In for the September 27, 2020 Hearing on Plaintiffs' Application for a Preliminary Injunction re Sealed Order, by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: #1 Text of Proposed Order)(Townsend, KatieLynn)
September 26, 2020 Filing 24 NOTICE of Appearance by Serena Maya Schulz Orloff on behalf of WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Orloff, Serena)
September 26, 2020 Filing 23 MOTION for Leave to File Amicus Curiae Brief by NetChoice (Attachments: #1 Exhibit Proposed Amicus Brief, #2 Text of Proposed Order)(Sommer, Jacob)
September 26, 2020 Opinion or Order MINUTE ORDER: The Court hereby UNSEALS the Telephone Preliminary Injunction Hearing scheduled for Sunday, 9/27/2020 at 9:30 AM. Public Dial-in number is (877) 873-8017 and access code is 8692421. So Ordered by Judge Carl J. Nichols on 9/26/2020. (zcal)
September 25, 2020 Filing 22 Memorandum in opposition to re #15 MOTION for Preliminary Injunction MOTION to Expedite REDACTED VERSIONS filed by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. (Attachments: #1 Exhibit 1 - Commerce Decision Memo (Redacted), #2 Exhibit 2 - 2019 DNI Worldwide Threat Assessment, #3 Exhibit 3 - FBI Director Speech, #4 Exhibit 4 - ASPI, Engineering Global Consent, #5 Exhibit 5 - Foreign Policy, ByteDance Cant Outrun BeijingsShadow, #6 Exhibit 6 - China Media Project, Tech Shame in the "New Era", #7 Exhibit 7 - TikTok Terms of Service, #8 Exhibit 8 - TikTok Privacy Policy, #9 Exhibit 9 - ASPI, TikTok and WeChat: Curating and Controlling Global Information Flows)(Schwei, Daniel)
September 25, 2020 Filing 21 SEALED OPPOSITION filed by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE. re #15 MOTION for Preliminary Injunction MOTION to Expedite (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Schwei, Daniel)
September 25, 2020 Filing 20 Unopposed MOTION for Leave to File Under Seal by WILBUR L. ROSS, JR, DONALD J. TRUMP, U.S. DEPARTMENT OF COMMERCE (Attachments: #1 Text of Proposed Order)(Robinson, Stuart)
September 25, 2020 Filing 19 NOTICE of Appearance by Anders Linderot on behalf of All Plaintiffs (Linderot, Anders)
September 25, 2020 Filing 18 NOTICE of Appearance by Mitchell Aaron Kamin on behalf of All Plaintiffs (Kamin, Mitchell) Modified on 9/25/2020 to correct docket event/text (zjf).
September 25, 2020 Opinion or Order MINUTE ORDER. Upon review of Defendants' #20 Motion for Leave to File Under Seal, it is hereby ORDERED that the Motion is GRANTED. Signed by Judge Carl J. Nichols on September 25, 2020. (lccjn3)
September 25, 2020 Opinion or Order MINUTE ORDER: Sealed Telephone Preliminary Injunction Hearing set for 9/27/2020 at 9:30 AM in Telephonic/VTC before Judge Carl J. Nichols. So Ordered by Judge Carl J. Nichols on 9/25/2020. (This document is SEALED and only available to authorized persons.)(zcal)
September 24, 2020 Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Telephone Scheduling Conference held on 9/24/2020. After considering the representations the Parties made during the telephonic hearing held on September 24, 2020, at 10:00 a.m., and for the reasons discussed during that hearing, it is hereby ORDERED that on or before 2:30 p.m. on September 25, 2020, Defendants shall file either (1) their response to Plaintiffs' #15 Motion for Preliminary Injunction OR (2) a notice describing Defendants' plan to delay the effective date of the subset of prohibited transactions directed against TikTok that are scheduled to go into effect on September 27, 2020, at 11:59 p.m. Court Reporter: Lorraine Herman. (zcal) Modified on 9/24/2020 (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 MOTION to Expedite 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). Added MOTION to Expedite on 9/24/2020 (zeg).
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 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 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 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)
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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Search for this case: TIKTOK INC. et al v. TRUMP et al
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Plaintiff: TIKTOK INC.
Represented By: John Edward Hall
Represented By: Beth Susan Brinkmann
Represented By: Megan Christine Keenan
Represented By: Mitchell Aaron Kamin
Represented By: Anders Linderot
Represented By: Alexander Adelman Berengaut
Represented By: Megan Anne Crowley
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Plaintiff: BYTEDANCE LTD.
Represented By: John Edward Hall
Represented By: Beth Susan Brinkmann
Represented By: Megan Christine Keenan
Represented By: Mitchell Aaron Kamin
Represented By: Anders Linderot
Represented By: Alexander Adelman Berengaut
Represented By: Megan Anne Crowley
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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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Petitioner: NETCHOICE
Represented By: Jacob Alan Sommer
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Petitioner: REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS
Represented By: KatieLynn Boyd Townsend
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Petitioner: JEFFREY A. LOVITKY
Represented By: Jeffrey A. Lovitky
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Defendant: JOSEPH R. BIDEN, JR.
Represented By: Daniel Stephen Garrett Schwei
Represented By: Stuart Justin Robinson
Represented By: Serena Maya Schulz Orloff
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