TIKTOK INC. et al v. TRUMP et al
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.
TIKTOK INC. and BYTEDANCE LTD. |
JOSEPH R. BIDEN, JR. |
NETCHOICE, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS and JEFFREY A. LOVITKY |
U.S. DEPARTMENT OF COMMERCE, DONALD J. TRUMP and WILBUR L. ROSS, JR. |
1:2020cv02658 |
September 18, 2020 |
US District Court for the District of Columbia |
Carl J Nichols |
Administrative Procedure Act/Review or Appeal of Agency Decision |
05 U.S.C. § 0706 Judicial Review of Agency Actions |
None |
This docket was last retrieved on July 21, 2021. A more recent docket listing may be available from PACER.
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Filing 56 NOTICE of Extension in CFIUS Matter by BYTEDANCE LTD., TIKTOK INC. (Hall, John) |
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) |
Filing 54 NOTICE of Filing by BYTEDANCE LTD., TIKTOK INC. (Attachments: #1 Petition for Review)(Hall, John) |
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) |
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). |
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) |
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Set/Reset Deadlines: Supplemental Briefing due by 11/6/2020. (zcal) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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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) |
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) |
Filing 40 Unopposed MOTION for Leave to File by JEFFREY A. LOVITKY (Attachments: #1 Proposed Amicus Brief, #2 Text of Proposed Order)(Lovitky, Jeffrey) |
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) |
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) |
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) |
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) |
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) |
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) |
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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) |
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) |
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) |
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Filing 32 Joint STATUS REPORT by BYTEDANCE LTD., TIKTOK INC.. (Hall, John) |
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) |
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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). |
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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) |
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) |
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) |
Filing 26 REPLY to opposition to motion re #15 MOTION for Preliminary Injunction MOTION to Expedite filed by BYTEDANCE LTD., TIKTOK INC.. (Hall, John) |
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) |
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) |
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) |
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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) |
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) |
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) |
Filing 19 NOTICE of Appearance by Anders Linderot on behalf of All Plaintiffs (Linderot, Anders) |
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). |
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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). |
Filing 17 NOTICE of Appearance by Daniel Stephen Garrett Schwei on behalf of All Defendants (Schwei, Daniel) |
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) |
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). |
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Set/Reset Hearings: Telephone Scheduling Conference set for 9/24/2020 at 10:00 AM in Telephonic/VTC before Judge Carl J. Nichols. (zcal) |
Filing 14 NOTICE of Appearance by Megan Anne Crowley on behalf of All Plaintiffs (Crowley, Megan) |
Filing 13 SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF COMMERCE. (Attachment: #1 Notice and Consent)(eg) |
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) |
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) |
Filing 10 NOTICE of Appearance by Alexander Adelman Berengaut on behalf of All Plaintiffs (Berengaut, Alexander) |
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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) |
Filing 7 Case randomly reassigned to Judge Carl J. Nichols. Judge Randolph D. Moss is no longer assigned to the case. (ztnr) |
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) |
Case Assigned to Judge Randolph D. Moss. (zsb) |
Filing 5 NOTICE of Appearance by Megan Christine Keenan on behalf of All Plaintiffs (Keenan, Megan) |
Filing 4 NOTICE of Appearance by Beth Susan Brinkmann on behalf of All Plaintiffs (Brinkmann, Beth) |
Filing 3 NOTICE of Appearance by John Edward Hall on behalf of BYTEDANCE LTD., TIKTOK INC. (Hall, John) |
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) |
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) |
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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