WEBB v. META PLATFORMS, INC. et al
| MIKE WEBB Major doing business as MAJOR MIKE WEBB FOR VA also known as FRIENDS FOR MIKE WEBB doing business as MAJOR MIKE WEBB FOR CONGRESS doing business as ANGELS OF LIBERTY and FRIENDS FOR MIKE WEBB |
| META PLATFORMS, INC., FACEBOOK, INC. and OFFICE OF MANAGEMENT & BUDGET |
| 1:2023cv00816 |
| March 24, 2023 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| Freedom of Information Act |
| 05 U.S.C. § 552 Freedom of Information Act |
| None |
Docket Report
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This docket was last retrieved on February 1, 2024. A more recent docket listing may be available from PACER.
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Filing 38
MOTION for Extension of Time to File Response to Amended Complaint and Motion for Sanctions by OFFICE OF MANAGEMENT & BUDGET. (Moustakas, John)
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MINUTE ORDER. Upon consideration of defendant Office of Management and Budget's #38 Motion for Extension of Time, the motion is GRANTED. The defendant shall respond to the plaintiff's complaint on or before December 11, 2023. So Ordered by Judge Dabney L. Friedrich on November 9, 2023. (lcdlf1)
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MINUTE ORDER. The plaintiff has filed an #37 Extraordinary Motion for Injunctive Relief, which asks the Court to enjoin "the filing of a motion to dismiss by Respondent Office of Management & Budget (OMB)." "[A] plaintiff seeking a permanent injunction" must show: (1) "that [he] has suffered an irreparable injury"; (2) "that remedies available at law, such as monetary damages, are inadequate"; (3) "that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted"; and (4) "that the public interest would not be disserved by a permanent injunction." eBay, Inc. v. MercExchange, LLC, 547 U.S. 388 (2006). The plaintiff has not shown that allowing OMB to file a motion to dismiss would cause him an irreparable injury; that alternative legal remedies would be inadequate; that the balance of hardships tilts in his favor; or that his proposed injunction would serve the public interest. Accordingly, the plaintiff's motion is DENIED.To the extent that the plaintiff seeks sanctions, Federal Rule of Civil Procedure 11(c)(2) provides that a motion for sanctions "must be served under Rule 5, but... must not be filed or presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets." Because Webb has not shown (among other things) that he has given OMB 21 days to respond to his motion, the motion so construed is DENIED as premature.So Ordered by Judge Dabney L. Friedrich on November 7, 2023. (lcdlf1)
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Filing 37
MOTION for Injunction by MIKE WEBB. (Attachments: #1 Exhibit)(mg) (Additional attachment(s) added on 11/7/2023: #2 Waiver of Oral Argument) (mg).
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Filing 36
MOTION for Summary Judgment, MOTION for Default Judgment as to by MIKE WEBB. (Attachments: #1 Exhibit)(mg)
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Filing 35
REPLY to opposition to motion re #30 MOTION to Dismiss Petitioner's Amended Complaint filed by META PLATFORMS, INC.. (Fassbender, Diana)
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Filing 34
MEMORANDUM of Law re #33 Memorandum in Opposition filed by MIKE WEBB. (mg) Modified docket text on 10/26/2023 (mg).
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Filing 33
Memorandum in opposition to re #30 Motion to Dismiss filed by MIKE WEBB. (Attachments: #1 Certification)(mg) Modified docket text on 10/25/2023 (mg).
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Set/Reset Deadlines: Responses due by 11/30/2023 (zjch, )
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MINUTE ORDER. Upon consideration of the defendant Office of Management and Budget's #32 Motion for Extension of Time, the motion is GRANTED for good cause shown. The Office shall respond to the plaintiff's Amended Complaint on or before November 9, 2023. The plaintiff shall file any opposition on or before November 30, 2023. In addition, pursuant to Fox v. Strickland, 837 F.2d 507 (D.C. Cir. 1988), the plaintiff is advised that failure to respond to the parties' Motions to Dismiss by November 30, 2023 may result in the Court (1) treating the motions as conceded, (2) ruling on the defendants' motion based on the defendants' arguments alone; or (3) dismissing the plaintiff's claims for failure to prosecute. The Clerk of Court is directed to mail a copy of this Minute Order to the plaintiff's address of record. So Ordered by Judge Dabney L. Friedrich on October 17, 2023. (lcdlf1)
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Filing 32
MOTION for Extension of Time to File Response to Amended Complaint by OFFICE OF MANAGEMENT & BUDGET. (Moustakas, John)
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Filing 31
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by META PLATFORMS, INC. (Fassbender, Diana)
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Filing 30
MOTION to Dismiss by META PLATFORMS, INC.. (Attachments: #1 Memorandum in Support, #2 Declaration of Jennifer Pricer, #3 Text of Proposed Order)(Fassbender, Diana)
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Filing 29
MEMORANDUM in Support to re #23 MOTION for Summary Judgment MOTION for Default Judgment as to filed by MIKE WEBB. "Leave to file GRANTED" signed by Judge Dabney L. Friedrich on 09/26/2023 (zjm)
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Filing 28
NOTICE of Waiver of Oral argument by MIKE WEBB re #23 Motion for Summary Judgment, Motion for Default Judgment "Leave to file GRANTED" signed by Judge Dabney L. Friedrich on 09/26/2023 (zjm)
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Filing 27
Memorandum in opposition to re #24 Motion for Extension of Time to filed by MIKE WEBB. (Attachments: #1 Exhibit)(mg)
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Filing 26
Supplemental Record on Appeal transmitted to US Court of Appeals re USCA Appeal Fees received 09/19/2023 ;USCA Case Number 23-5176. (zjm)
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Filing 25
AFFIDAVIT for Judicial Notice by MIKE WEBB. "Leave to file GRANTED" signed by Judge Dabney L. Friedrich on 09/20/2023 (zjm)
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USCA Appeal Fees received $ 505 receipt number 205560 re #15 Notice of Interlocutory Appeal filed by MIKE WEBB (zjm)
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Set/Reset Deadlines: Answer due by 10/2/2023, Dispositive Motions due by 10/2/2023. (zjch, )
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MINUTE ORDER. Upon consideration of defendant Meta's #24 Motion for Extension of Time, the motion is GRANTED. In view of all the circumstances, the Court finds that Meta's failure to timely answer the Complaint amounts to "excusable neglect." See Cohen v. Bd. of Trustees of the Univ. of Dist. of Columbia, 819 F.3d 476, 479 (D.C. Cir. 2016). Meta shall file its answer and/or a motion to dismiss on or before October 2, 2023. So Ordered by Judge Dabney L. Friedrich on September 14, 2023. (lcdlf1)
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Filing 24
MOTION for Extension of Time to Respond to Amended Complaint and Abeyance of Petitioner's Motion for Summary Judgment and/or Default Judgment by META PLATFORMS, INC.. (Attachments: #1 Proposed Order)(Fassbender, Diana)
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Filing 23
MOTION for Summary Judgment, MOTION for Default Judgment as to by MIKE WEBB. "Motion for leave to file is GRANTED." signed by Judge Dabney L. Friedrich on 09/07/2023 (zjm)
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Filing 22
Supplemental Record on Appeal transmitted to US Court of Appeals re 8/18/2023 Minute Order denying on Motion for Leave to Appeal in forma pauperis; USCA Case Number 23-05176. (znmw)
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Filing 21
AFFIDAVIT of Service re #17 Amended Complaint by MIKE WEBB. (mg)
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MINUTE ORDER. Upon consideration of the plaintiff's #20 Motion for Leave to Appeal In Forma Pauperis, the motion is DENIED. As Judge Chutkan has previously #3 explained, the plaintiff "reports a monthly income that adequately covers his basic monthly expenses," "lists no extraordinary debt or financial obligations," and "has no dependents." The Court also notes that the plaintiff reports a total monthly income of approximately $7,400 and that he spends approximately $1,800 per month on "litigation." For these reasons, the Court finds that the plaintiff can "pay or give security for [his] costs... and still be able to provide [for] the necessities of life," McKelton v. Bruno, 428 F.2d 718, 720 (D.C. Cir. 1970), meaning that he is not "unable to pay" a filing fee for his appeal, see 28 U.S.C. 1915(a)(1). So Ordered by Judge Dabney L. Friedrich on August 18, 2023. (lcdlf1)
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Filing 20
MOTION for Leave to Appeal in forma pauperis by MIKE WEBB. (znmw)
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Filing 19
ORDER of USCA as to #15 Notice of Interlocutory Appeal filed by MIKE WEBB ; holding case in abeyance re motion to appeal in forma pauperis. USCA Case Number 23-5176. (znmw)
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Filing 18
AFFIDAVIT of Service re #17 Amended Complaint by MIKE WEBB. (mg)
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USCA Case Number 23-5176 for #15 Notice of Interlocutory Appeal filed by MIKE WEBB. (znmw)
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Filing 16
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court or motion to proceed In Forma Pauperis has been decided re #15 Notice of Interlocutory Appeal. (zed)
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Filing 17
AMENDED COMPLAINT against META PLATFORMS, INC., OFFICE OF MANAGEMENT & BUDGET filed by MIKE WEBB. Modified filing date on 8/8/2023 (mg).
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Filing 15
NOTICE OF INTERLOCUTORY APPEAL as to #14 Order on Motion for Summary Judgment,, Order on Motion for TRO, Order on Motion for Reconsideration by MIKE WEBB. Fee Status: No Fee Paid. Parties have been notified. (zed)
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Filing 14
ORDER denying the plaintiff's #8 motion for summary judgment and for a temporary restraining order; #9 motion for reconsideration; and #11 motion for summary judgment and for a temporary restraining order. The plaintiff's complaint is DISMISSED without prejudice. Plaintiff may file an amended complaint on or before August 28, 2023. See text for details. Signed by Judge Dabney L. Friedrich on July 28, 2023. (lcdlf1)
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Filing 13
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/3/2023. (Answer due for ALL FEDERAL DEFENDANTS by 8/2/2023). RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/3/2023. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT & BUDGET served on 7/3/2023. (mg)
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Filing 11
MOTION for Summary Judgment, MOTION for Temporary Restraining Order by MIKE WEBB. (Attachment: #1 Exhibit)(zed)
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Filing 10
AFFIDAVIT of Service by MIKE WEBB. (zed)
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Filing 9
MOTION for Reconsideration re Order on Motion for Miscellaneous Relief by MIKE WEBB. (Attachments: #1 Exhibits, #2 Process Server)(zed)
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Filing 8
MOTION for Summary Judgment, MOTION for Temporary Restraining Order by MIKE WEBB. (zed)
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Set/Reset Deadlines: Time to effectuate service upon party due by 7/21/2023. (zjch, )
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MINUTE ORDER denying the plaintiff's #7 Motion for Issuance of Summons and Service of Process. The motion for issuance of summons is denied as moot because the Clerk of Court issued summons as to both defendants on May 31, 2023. The motion to appoint a United States marshal to effect service will also be denied. The Court previously denied the plaintiff's motion to proceed in forma paupers on April 12, 2023. Dkt. 3. Accordingly, because the plaintiff is not "authorized to proceed in forma pauperis," there is no requirement that the Court "must" order that a marshal effect service. Fed. R. Civ. P. 4(c)(3). Still, the Court "may," for other types of plaintiffs, "[a]t the plaintiff's request,... order that service be made by a United States marshal." Id. The plaintiff here, however, has provided no reason for the Court to do so. Most importantly, "Plaintiff does not explain why an alternative means [of service]... would not be effective." White v. Hill, No. 21-cv-2348, 2021 WL 8055764, at *4 (D.D.C. Dec. 29, 2021); see also Bogoz v. Blackwell, No. 19-cv-2790, 2021 WL 1518337, at *4 (D.D.C. Apr. 16, 2021). The plaintiff has not explained why he cannot comply with the requirements of Rule 4(i) of the Federal Rules of Civil Procedure as to the government defendant or why he cannot, for example, hire a process server as to the nongovernment defendant. Nor has the plaintiff pointed to any effort made thus far to cause the defendants to be served. Accordingly, the plaintiff's motion is DENIED. The plaintiff is directed to, on or before July 21, 2023, either cause process to be served upon the defendants and proof of service to be filed with the Court or establish good cause for the failure to do so. So Ordered by Judge Dabney L. Friedrich on June 21, 2023. (lcdlf2)
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Filing 7
MOTION Issue of Summons and Service of Process by MIKE WEBB. (Attachments: #1 Exhibit, #2 Summons)(zed)
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SUMMONS (4) Issued as to META PLATFORMS, INC., OFFICE OF MANAGEMENT & BUDGET, U.S. Attorney and U.S. Attorney General (zsl)
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MINUTE ORDER denying the plaintiff's #5 Motion for Summary Judgment and Temporary Restraining Order. First, as to the motion for summary judgment, the plaintiff has not provided any record evidence supporting the motion. See Fed. R. Civ. P. 56(c)(1). Second, as to the motion for a temporary restraining order--for which the requested relief is unclear--the plaintiff has submitted no proof of service, instead stating that he "will mail" the motion "by hand delivery and/or email" to certain individuals listed as counsel for defendants. Mot. at 12. Nor has the plaintiff attempted to show that ex parte relief is warranted. See Fed. R. Civ. P. 65(b)(1). The plaintiff notes that the Court has not issued any summons in this case. See Mot. at 4. There is no record on the docket, however, that the plaintiff, who is not proceeding in forma pauperis, see Dkt. 3, has "present[ed] a summons to the clerk for signature and seal." Fed. R. Civ. P. 4(b). The plaintiff may request such summons, serve the defendants, and file any motions as appropriate. So Ordered by Judge Dabney L. Friedrich on May 23, 2023. (lcdlf2)
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Filing 6
AFFIDAVIT re #5 MOTION for Summary Judgment MOTION for Temporary Restraining Order by MIKE WEBB. (zed)
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Filing 5
MOTION for Summary Judgment, MOTION for Temporary Restraining Order by MIKE WEBB. (zed)
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Filing 4
STANDARD ORDER for civil cases. See text for details. Signed by Judge Dabney L. Friedrich on April 24, 2023. (lcdlf2)
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Case Assigned to Judge Dabney L. Friedrich. (zljn)
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Filing fee received: $ 402, receipt number: 204507. (zljn)
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Filing 3
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. See Order for more details. Signed by Judge Tanya S. Chutkan on 04/12/2023. (zljn)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by MIKE WEBB. (zljn)
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Filing 1
COMPLAINT against META PLATFORMS, INC., OFFICE OF MANAGEMENT & BUDGET filed by MIKE WEBB. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(zljn)
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Initiating Pleading & IFP Application Received on 3/24/2023. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zljn)
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