Trump et al v. YouTube, LLC et al
| Donald J. Trump, Kelly Victory, Austen Fletcher, American Conservative Union, Andrew Baggiani, Maryse Veronica Jean-Lous, Naomi Wolf and Frank Valentine |
| YouTube, LLC and Sundar Pichai |
| 1:2021cv22445 |
| July 7, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 64 MOTION to Transfer to the Northern District of California and Supporting Memorandum of Law by Sundar Pichai, YouTube, LLC. (Attachments: #1 Declaration, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration)(Shapiro, Jay) |
Filing 63
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before upon a sua sponte review of the record. On September 1, 2021, Defendants represented that there would be a forthcoming "motion under 28 U.S.C. 1404(a) to transfer this case to the Northern District of California." #54 . On September 3, 2021, the Court stayed briefing on Plaintiffs' Motion for Preliminary Injunction #43 "until: (1) the Court decides whether this case will be transferred intra-district pursuant to Local Rule 3.8, (2) the United States has an opportunity to weigh in on whether it intends to intervene in this action, and (3) the Court rules on a forthcoming motion under 28 U.S.C. 1404(a) to transfer this case to the Northern District of California." 56 . Now, over two weeks have passed and Defendants have yet to file a motion to transfer. The Court's expectation that such a motion would be filed was, in large part, the basis for staying briefing on Plaintiffs' Motion for Preliminary Injunction #43 . Accordingly, the Defendants are hereby ORDERED TO SHOW CAUSE by September 23, 2021, as to why no motion to transfer has been filed in the above-captioned case. Alternatively, Defendants may file a motion to transfer. Signed by Judge K. Michael Moore on 9/16/2021. (thn)
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| Filing 62 WAIVER OF SERVICE Returned Executed by Austen Fletcher, Frank Valentine, Kelly Victory, American Conservative Union, Andrew Baggiani, Donald J. Trump, Naomi Wolf, Maryse Veronica Jean-Lous. YouTube, LLC waiver sent on 8/31/2021, answer due 11/29/2021. (Baldwin, Matthew) |
| Filing 61 WAIVER OF SERVICE Returned Executed by Austen Fletcher, Frank Valentine, Kelly Victory, American Conservative Union, Andrew Baggiani, Donald J. Trump, Naomi Wolf, Maryse Veronica Jean-Lous. Sundar Pichai waiver sent on 8/31/2021, answer due 11/29/2021. (Baldwin, Matthew) |
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Filing 60
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion for Leave to File Response to Defendant's Notice of Related Action. #57 . Therein, Plaintiffs seek leave to file a response to Defendants' Notice of Related Action #53 . Id. at 1. However, this is not necessary because on September 2, 2021, the Court held that "[i]nsofar as Defendants request an intra-district transfer to the judge handling the lowest numbered case pursuant to Local Rule 3.8, this request is DENIED." 56 . Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Plaintiffs' Motion for Leave to File Response to Defendants Notice of Related Action #57 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 9/3/2021. (thn)
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| Filing 59 Corporate Disclosure Statement by YouTube, LLC identifying Corporate Parent Google LLC, Corporate Parent XXVI Holdings Inc., Corporate Parent Alphabet Inc. for YouTube, LLC (Shapiro, Jay) |
| Filing 58 NOTICE of Attorney Appearance by Douglas Lamar Kilby on behalf of Sundar Pichai, YouTube, LLC. Attorney Douglas Lamar Kilby added to party Sundar Pichai(pty:dft), Attorney Douglas Lamar Kilby added to party YouTube, LLC(pty:dft). (Kilby, Douglas) |
| Filing 57 Unopposed MOTION for Leave to File Response to Notice of Related Actions [D.E. 53] by American Conservative Union, Andrew Baggiani, Austen Fletcher, Maryse Veronica Jean-Lous, Donald J. Trump, Frank Valentine, Kelly Victory, Naomi Wolf. (Baldwin, Matthew) |
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Filing 56
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion to Defer Briefing Schedule for Preliminary Injunction Motion and to Extend Deadline for Conference Under L.R. 16.1(b) and F.R.C.P. 26(f). #54 . Therein, Defendants request that the Court stay briefing on Plaintiffs' Motion for Preliminary Injunction #43 until: (1) the Court decides whether this case will be transferred intra-district pursuant to Local Rule 3.8, (2) the United States has an opportunity to weigh in on whether it intends to intervene in this action, and (3) the Court rules on a forthcoming motion under 28 U.S.C. 1404(a) to transfer this case to the Northern District of California. See generally id. This relief is opposed by Plaintiffs. Id. at 6. Additionally, Defendants request, and Plaintiffs do not oppose, an extension of the deadline to file a Joint Scheduling Report by thirty (30) days. Id. at 1. District courts have "broad discretion to stay proceedings as incident to its power to control its own docket." Clinton v. Jones, 520 U.S. 681, 706 (1997) (citation omitted). And, the Court is "given considerable leeway in the exercise of its judgment" of whether to grant a stay. Bos. Sci. Corp. v. Cook Grp. Inc., No. 1:17-cv-03448-JRS-MJD, 2019 WL 2511162, at *1 (S.D. Ind. June 17, 2019) (citing Ultratec, Inc. v. CaptionCall, LLC, 611 F. App'x 720, 721-23 (Fed. Cir. 2015)). Indeed, "district courts have inherent, discretionary authority to issue stays in many circumstances." Advanced Bodycare Sols., LLC v. Thione Int'l, Inc., 524 F.3d 1235, 1241 (11th Cir. 2008). "Federal courts routinely exercise their power to stay a proceeding where a stay would promote judicial economy and efficiency." Morrissey v. Subaru of Am., Inc., No. 1:15-CV-21106-KMM, 2015 WL 4512641, at *2 (S.D. Fla. July 24, 2015) (citation omitted). The moving party bears the burden of demonstrating that a stay is appropriate. Friends of the Everglades v. United States, No. 08-21785-CIV-ALTONAGA/Brown, 2008 WL 11410108, at *2 (S.D. Fla. Nov. 7, 2008). Here, in the interests of judicial economy and efficiency, the Court finds good cause for a stay of briefing on Plaintiffs' Motion for Preliminary Injunction #43 until the Court rules on Defendants' forthcoming motion under 28 U.S.C. 1404(a) to transfer this case to the Northern District of California. Additionally, given the fact that the respective Summons for Defendants are dated August 20, 2021, #39 #40 , the Court finds good cause to extend the deadline for the Parties to file a Joint Scheduling Report. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #54 is GRANTED IN PART and DENIED IN PART. Briefing on Plaintiffs' Motion for Preliminary Injunction #43 is hereby STAYED pending the Court's ruling on the forthcoming motion to transfer. Likewise, the Government's deadline to intervene remains stayed until the Court rules on the forthcoming motion to transfer. The deadline for the Parties to file a Joint Scheduling Report is now set at October 5, 2021. Insofar as Defendants request an intra-district transfer to the judge handling the lowest numbered case pursuant to Local Rule 3.8, this request is DENIED. Signed by Judge K. Michael Moore on 9/2/2021. (thn) Modified on 9/2/2021 (ch1).
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Filing 55
OMNIBUS PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filings. #48 , #49 , #50 , #51 , #52 . UPON CONSIDERATION of the Motions #48 , #49 , #50 , #51 , #52 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions #48 , #49 , #50 , #51 , #52 are GRANTED. Brian M. Willen, Meng Jia Yang, Benjamin Margo, Steffen N. Johnson, and Amit Q. Gressel may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: (1) bwillen@wsgr.com, (2) mjyang@wsgr.com, (3) bmargo@wsgr.com, (4) sjohnson@wsgr.com, (5) agressel@wsgr.com. Signed by Judge K. Michael Moore on 9/1/2021. (thn)
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| Filing 54 MOTION for Extension of Time to Defer Briefing Schedule for Preliminary Injunction Motion and to Extend Deadline for Conference re 44 Order,,,, 4 Pretrial Order,,,,,,,,,,,,,, by Sundar Pichai, YouTube, LLC. Responses due by 9/15/2021 (Shapiro, Jay) |
| Filing 53 Notice of Pending, Refiled, Related or Similar Actions by Sundar Pichai, YouTube, LLC (Shapiro, Jay) |
| Filing 52 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Amit Q. Gressel. Filing Fee $ 200.00 Receipt # AFLSDC-14975242 by Sundar Pichai, YouTube, LLC. Responses due by 9/14/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Shapiro, Jay) |
| Filing 51 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steffen N. Johnson. Filing Fee $ 200.00 Receipt # AFLSDC-14975239 by Sundar Pichai, YouTube, LLC. Responses due by 9/14/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Shapiro, Jay) |
| Filing 50 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benjamin Margo. Filing Fee $ 200.00 Receipt # AFLSDC-14975236 by Sundar Pichai, YouTube, LLC. Responses due by 9/14/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Shapiro, Jay) |
| Filing 49 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Meng Jia Yang. Filing Fee $ 200.00 Receipt # AFLSDC-14975235 by Sundar Pichai, YouTube, LLC. Responses due by 9/14/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Shapiro, Jay) |
| Filing 48 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian M. Willen. Filing Fee $ 200.00 Receipt # AFLSDC-14975233 by Sundar Pichai, YouTube, LLC. Responses due by 9/14/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Shapiro, Jay) |
| Filing 47 NOTICE of Attorney Appearance by Abigail Corbett on behalf of Sundar Pichai, YouTube, LLC. Attorney Abigail Corbett added to party Sundar Pichai(pty:dft), Attorney Abigail Corbett added to party YouTube, LLC(pty:dft). (Corbett, Abigail) |
| Filing 46 NOTICE of Attorney Appearance by Jay Brian Shapiro on behalf of Sundar Pichai, YouTube, LLC. Attorney Jay Brian Shapiro added to party Sundar Pichai(pty:dft), Attorney Jay Brian Shapiro added to party YouTube, LLC(pty:dft). (Shapiro, Jay) |
| Filing 45 NOTICE by American Conservative Union, Andrew Baggiani, Austen Fletcher, Maryse Veronica Jean-Lous, Donald J. Trump, Frank Valentine, Kelly Victory, Naomi Wolf re #43 MOTION for Preliminary Injunction with Memorandum of Law in Support of Plaintiff's Motion Incorporated Herein (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #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 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Exhibit, #59 Exhibit, #60 Exhibit, #61 Exhibit, #62 Exhibit, #63 Exhibit, #64 Exhibit, #65 Exhibit, #66 Exhibit, #67 Exhibit, #68 Exhibit, #69 Exhibit, #70 Exhibit, #71 Exhibit, #72 Exhibit, #73 Exhibit, #74 Exhibit, #75 Exhibit, #76 Exhibit, #77 Exhibit, #78 Exhibit, #79 Exhibit, #80 Exhibit, #81 Exhibit, #82 Exhibit, #83 Exhibit, #84 Exhibit, #85 Exhibit, #86 Exhibit, #87 Exhibit, #88 Exhibit, #89 Exhibit, #90 Exhibit, #91 Exhibit, #92 Exhibit, #93 Exhibit, #94 Exhibit, #95 Exhibit, #96 Exhibit, #97 Exhibit, #98 Exhibit, #99 Exhibit, #100 Exhibit, #101 Exhibit, #102 Exhibit, #103 Exhibit, #104 Exhibit, #105 Exhibit, #106 Exhibit, #107 Exhibit, #108 Exhibit, #109 Exhibit, #110 Exhibit, #111 Exhibit, #112 Exhibit, #113 Exhibit, #114 Exhibit, #115 Exhibit, #116 Exhibit, #117 Exhibit, #118 Exhibit, #119 Exhibit, #120 Exhibit, #121 Exhibit, #122 Exhibit, #123 Exhibit, #124 Exhibit, #125 Exhibit, #126 Exhibit, #127 Exhibit, #128 Exhibit, #129 Exhibit, #130 Exhibit, #131 Exhibit, #132 Exhibit, #133 Exhibit, #134 Exhibit, #135 Exhibit, #136 Exhibit, #137 Exhibit, #138 Exhibit, #139 Exhibit, #140 Exhibit, #141 Exhibit, #142 Exhibit, #143 Exhibit, #144 Exhibit, #145 Exhibit, #146 Exhibit, #147 Exhibit, #148 Exhibit, #149 Exhibit, #150 Exhibit, #151 Exhibit, #152 Exhibit, #153 Exhibit, #154 Exhibit, #155 Exhibit, #156 Exhibit, #157 Exhibit, #158 Exhibit, #159 Exhibit, #160 Exhibit, #161 Exhibit, #162 Exhibit, #163 Exhibit, #164 Exhibit, #165 Exhibit, #166 Exhibit, #167 Exhibit, #168 Exhibit, #169 Exhibit, #170 Exhibit, #171 Exhibit, #172 Exhibit, #173 Exhibit, #174 Exhibit, #175 Exhibit, #176 Exhibit, #177 Exhibit, #178 Exhibit, #179 Exhibit, #180 Exhibit, #181 Exhibit, #182 Exhibit, #183 Exhibit) (Baldwin, Matthew) |
| Filing 44 PAPERLESS NOTICE REGARDING MOTION FOR PRELIMINARY INJUNCTION #43 . THIS CAUSE came before the Court upon Plaintiffs' Motion for Preliminary Injunction. #43 . Under the Federal Rules of Civil Procedure, a "court may issue a preliminary injunction only on notice to the adverse party." Fed. R. Civ. P. 65(a)(1). On August 20, 2021, Plaintiffs filed Summons as to Defendant YouTube, LLC and Defendant Sundar Pichai (collectively, "Defendants"). #39 ; #40 . However, Defendants have yet to appear in the above-captioned case. Additionally, Plaintiffs have provided no indication that Defendants are on notice as to the instant Motion for Preliminary Injunction. See #43 at 39 (stating that the "Motion for Preliminary Injunction and Memorandum of Law Incorporated Herein and the Amended Complaint will be served on Defendants YouTube, LLC, and Sundar Pichai, as soon as possible"). Accordingly, the Court will set a briefing schedule for Plaintiffs' Motion for Preliminary Injunction #43 upon a showing that Defendants are on notice as to the Motion #43 , or, upon Defendants appearance in the above-captioned case. Signed by Judge K. Michael Moore on 8/24/2021. (thn) |
| Filing 43 MOTION for Preliminary Injunction with Memorandum of Law in Support of Plaintiff's Motion Incorporated Herein by American Conservative Union, Andrew Baggiani, Austen Fletcher, Maryse Veronica Jean-Lous, Donald J. Trump, Frank Valentine, Kelly Victory, Naomi Wolf. (Attachments: #1 Exhibit EX-A Declaration of I. Ibrahim, #2 Exhibit EX-B Declaration of Corey Lewandowski, #3 Exhibit EX-C Declaration of Christl Pitre Mahfouz)(Baldwin, Matthew) |
| Filing 42 NOTICE by United States of America re 41 Order on Motion to Stay,,,,,,,, (Kolsky, Joshua) |
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Filing 41
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Governments Acknowledgement of Plaintiff's Notice of Constitutional Challenge and Motion to Stay Intervention Deadline. #37 . On July 12, 2021, the Court certified a constitutional question to the U.S. Attorney General Merrick Garland, which provided "sixty (60) days... to intervene on behalf of the United States in this action." #11 at 2. Now, the Government notes that Plaintiffs have not filed any motion relating to the constitutional questions at issue and, therefore, requests that the Court stay the Government's deadline to intervene until the Parties have "the opportunity to confer and submit a proposed schedule for any anticipated briefing that would raise the constitutional challenge." #37 at 2-3. The Government's request is unopposed. Id. The Court agrees that a stay of the intervention deadline is warranted in light of the fact that Plaintiffs have yet to file any motion raising the constitutional issues that were certified to the U.S. Attorney General. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #37 is GRANTED. The deadline for the Government to intervene in the above-captioned case is hereby STAYED. The Court will reopen the deadline for the Government to intervene once Plaintiffs have filed a motion raising the constitutional issues that were certified to the U.S. Attorney General. In the Government's Motion #37 , the Government informs the Court that it has conferred with Plaintiffs' counsel as to a briefing schedule for an anticipated motion for a preliminary injunction. Thus, the Government and Plaintiffs are hereby INSTRUCTED to inform the Court as to any agreement reached with respect to how long it will take for the Government to respond to any forthcoming motion, if it so chooses. Signed by Judge K. Michael Moore on 8/20/2021. (thn)
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| Filing 40 Summons Issued as to YouTube, LLC. (drz) |
| Filing 39 Summons Issued as to Sundar Pichai. (drz) |
| Filing 38 NOTICE of Filing Proposed Summons(es) by American Conservative Union, Andrew Baggiani, Austen Fletcher, Maryse Veronica Jean-Lous, Donald J. Trump, Frank Valentine, Kelly Victory, Naomi Wolf re #21 Amended Complaint/Amended Notice of Removal filed by Austen Fletcher, Kelly Victory, Donald J. Trump (Attachments: #1 Summon(s)) (Baldwin, Matthew) |
| Filing 37 MOTION to Stay Intervention Deadline, and Acknowledgement of Notice of Constitutional Challenge by United States of America. Responses due by 9/2/2021 (Attachments: #1 Text of Proposed Order)(Kolsky, Joshua) |
| Filing 36 NOTICE of Attorney Appearance by Joshua Kolsky on behalf of United States of America. Attorney Joshua Kolsky added to party United States of America(pty:ip). (Kolsky, Joshua) |
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Filing 35
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Plaintiff's Amended Motion to Exceed Page Limitations. #33 . Therein, Plaintiff requests leave to file a Motion for a Preliminary Injunction of up to seventy-five (75) pages, in excess of the twenty (20) page limit imposed by Local Rule 7.01(c)(2). Id. at 1. Plaintiff explains that the complex issues raised in this case require more than twenty pages to fully brief the Court. Id. However, the Court has already granted Plaintiff's original Motion for Leave to File Excess Pages #32 , and permitted Plaintiff to file a Motion for Preliminary Injunction of up to thirty (30) pages. 34 . Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #33 is GRANTED IN PART and DENIED IN PART. Plaintiff may file a motion of up to thirty (30) pages. Signed by Judge K. Michael Moore on 8/17/2021. (thn)
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Filing 34
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Plaintiff's Motion to Exceed Page Limitations. #32 . Therein, Plaintiff requests leave to file a Motion for a Preliminary Injunction in excess of the twenty (20) page limit imposed by Local Rule 7.01(c)(2). Id. at 1. Plaintiff explains that the complex issues raised in this case require more than twenty pages to fully brief the Court. Id. Plaintiff has not requested a specific number of pages in excess of the twenty (20) page limit. Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #32 is GRANTED. Plaintiff may file a motion of up to thirty (30) pages. Signed by Judge K. Michael Moore on 8/16/2021. (thn)
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| Filing 33 Amended MOTION for Leave to File Excess Pages by American Conservative Union, Andrew Baggiani, Austen Fletcher, Maryse Veronica Jean-Lous, Donald J. Trump, Frank Valentine, Kelly Victory, Naomi Wolf. (Baldwin, Matthew) |
| Filing 32 Plaintiff's MOTION for Leave to File Excess Pages by Donald J. Trump. (Baldwin, Matthew) |
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Filing 31
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #25 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #25 is GRANTED. Ryan S. Tougias may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to rtougias@ibolaw.com. Signed by Judge K. Michael Moore on 8/2/2021. (thn)
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Filing 30
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #26 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #26 is GRANTED. Roland A. Paul, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to rpaul@ibolaw.com. Signed by Judge K. Michael Moore on 8/2/2021. (thn)
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Filing 29
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #24 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #24 is GRANTED. Michael J. Jones may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to mjones@ibolaw.com. Signed by Judge K. Michael Moore on 8/2/2021. (thn)
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| Filing 28 NOTICE of Change of Address, Email or Law Firm Name by Richard Polk Lawson (Lawson, Richard) |
| Filing 27 NOTICE of Attorney Appearance by Richard Polk Lawson on behalf of American Conservative Union, Andrew Baggiani, Austen Fletcher, Maryse Veronica Jean-Lous, Donald J. Trump, Frank Valentine, Kelly Victory, Naomi Wolf. Attorney Richard Polk Lawson added to party American Conservative Union(pty:pla), Attorney Richard Polk Lawson added to party Andrew Baggiani(pty:pla), Attorney Richard Polk Lawson added to party Austen Fletcher(pty:pla), Attorney Richard Polk Lawson added to party Maryse Veronica Jean-Lous(pty:pla), Attorney Richard Polk Lawson added to party Donald J. Trump(pty:pla), Attorney Richard Polk Lawson added to party Frank Valentine(pty:pla), Attorney Richard Polk Lawson added to party Kelly Victory(pty:pla), Attorney Richard Polk Lawson added to party Naomi Wolf(pty:pla). (Lawson, Richard) |
| Filing 26 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Roland A. Paul. Filing Fee $ 200.00 Receipt # AFLSDC-14889802 by American Conservative Union, Andrew Baggiani, Austen Fletcher, Maryse Veronica Jean-Lous, Donald J. Trump, Frank Valentine, Kelly Victory, Naomi Wolf. Responses due by 8/13/2021 (Attachments: #1 Certification Certification of Roland A. Paul, #2 Text of Proposed Order Proposed Order)(Baldwin, Matthew) |
| Filing 25 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ryan S. Tougias. Filing Fee $ 200.00 Receipt # AFLSDC-14889796 by American Conservative Union, Andrew Baggiani, Austen Fletcher, Maryse Veronica Jean-Lous, Donald J. Trump, Frank Valentine, Kelly Victory, Naomi Wolf. Responses due by 8/13/2021 (Attachments: #1 Certification Certification of Ryan S. Tougias, #2 Text of Proposed Order Proposed Order)(Baldwin, Matthew) |
| Filing 24 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael J. Jones. Filing Fee $ 200.00 Receipt # AFLSDC-14889773 by American Conservative Union, Andrew Baggiani, Austen Fletcher, Maryse Veronica Jean-Lous, Donald J. Trump, Frank Valentine, Kelly Victory, Naomi Wolf. Attorney Matthew Lee Baldwin added to party American Conservative Union(pty:pla), Attorney Matthew Lee Baldwin added to party Andrew Baggiani(pty:pla), Attorney Matthew Lee Baldwin added to party Maryse Veronica Jean-Lous(pty:pla), Attorney Matthew Lee Baldwin added to party Frank Valentine(pty:pla), Attorney Matthew Lee Baldwin added to party Naomi Wolf(pty:pla). Responses due by 8/13/2021 (Attachments: #1 Certification Certification of Michael J. Jones, #2 Text of Proposed Order Proposed Order)(Baldwin, Matthew) |
| Filing 23 Notice of Entry of Parties Listed on 22 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): American Conservative Union, Andrew Baggiani, Maryse Veronica Jean-Lous, Naomi Wolf and Frank Valentine. (Baldwin, Matthew) |
| Filing 22 Clerks Notice to Filer re #21 Amended Complaint/Amended Notice of Removal. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (drz) |
| Filing 21 First AMENDED COMPLAINT against All Defendants, filed by Donald J. Trump, Austen Fletcher, Kelly Victory.(Baldwin, Matthew) |
| Filing 20 NOTICE of Return Receipt re #16 Clerk's Notice of Compliance (dj) |
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Dismiss Plaintiff's Complaint ("Motion") filed by a non-party to the above-captioned case, Ted Kurt. #18 . This Motion is not properly before the Court. Accordingly, the Motion to Dismiss #18 hereby STRICKEN. The Clerk of Court is instructed to STRIKE the Motion to Dismiss #18 . Additionally, the Clerk of Court is INSTRUCTED to not accept any filings from Ted Kurt in the above-captioned case without prior approval from the undersigned. Signed by Judge K. Michael Moore on 7/20/2021. (thn)
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| Filing 18 MOTION to Dismiss Plaintiff's Complaint re #1 Complaint, by Ted Kurt. Responses due by 8/3/2021 (drz) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #15 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #15 is GRANTED. Attorney John Q. Kelly, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to jqkelly@ibolaw.com. Signed by Judge K. Michael Moore on 7/13/2021. (thn)
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| Filing 16 CLERK'S NOTICE of Compliance re #11 Order, (dj) (dj). |
| Filing 15 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John Q. Kelly. Filing Fee $ 200.00 Receipt # AFLSDC-14838899 by Austen Fletcher, Donald J. Trump, Kelly Victory. Responses due by 7/26/2021 (Attachments: #1 Certification Certification - John Q. Kelly, #2 Text of Proposed Order Proposed Order)(Baldwin, Matthew) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #10 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #10 is GRANTED. John P. Coale, may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to johnpcoale@aol.com. Signed by Judge K. Michael Moore on 7/12/2021. (thn)
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #9 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #9 is DENIED WITHOUT PREJUDICE. Attorney John Q. Kelly, Esq. could not be located within the bars listed in Plaintiffs' Motion #9 . Signed by Judge K. Michael Moore on 7/12/2021. (thn)
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #8 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #8 is GRANTED. Frank C. Dudenhefer, Jr. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to FcdLaw@aol.com. Signed by Judge K. Michael Moore on 7/12/2021. (thn)
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Filing 11
ORDER CERTIFYING CONSTITUTIONAL QUESTION. The Clerk of Court is DIRECTED to transmit Plaintiffs' Notice of Constitutional Question #7 to the Honorable Merrick Garland, Attorney General of the United States, at the address contained in the attached document. Signed by Judge K. Michael Moore on 7/12/2021. See attached document for full details. (thn)
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| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John P. Coale. Filing Fee $ 200.00 Receipt # AFLSDC-14832432 by Austen Fletcher, Donald J. Trump, Kelly Victory. Responses due by 7/23/2021 (Attachments: #1 Certification Certification of John P. Coale, #2 Text of Proposed Order Proposed Order)(Baldwin, Matthew) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John Q. Kelly. Filing Fee $ 200.00 Receipt # AFLSDC-14832418 by Austen Fletcher, Donald J. Trump, Kelly Victory. Responses due by 7/23/2021 (Attachments: #1 Certification Certification of John Q. Kelly, #2 Text of Proposed Order Proposed Order)(Baldwin, Matthew) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Frank C. Dudenhefer, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-14832370 by Austen Fletcher, Donald J. Trump, Kelly Victory. Responses due by 7/23/2021 (Attachments: #1 Certification Certification of Frank C. Dudenhefer, Jr., #2 Text of Proposed Order Proposed Order)(Baldwin, Matthew) |
| Filing 7 NOTICE by Austen Fletcher, Donald J. Trump, Kelly Victory of Constitutional Question (Attachments: #1 Exhibit Exhibit A-Complaint) (Baldwin, Matthew) |
| Filing 6 Bar Letter re: Admissions sent to attorney John P. Coale, Frank C. Dudenhefer Jr, John Q. Kelly, Michael J. Jones, Roland A. Paul, Ryan S. Tougias, Sean M. Hamill, mailing date July 8, 2021, (pt) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 7/7/2021. (thn)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 7/7/2021. (thn)
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| Filing 3 Summons Issued as to Sundar Pichai, YouTube, LLC. (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jao) |
| Filing 1 COMPLAINT against Sundar Pichai, YouTube, LLC. Filing fees $ 402.00 receipt number AFLSDC-14825174, filed by DONALD J TRUMP, Austen Fletcher, Kelly Victory. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons (Youtube), #3 Summon(s) Summons (Pichai))(Baldwin, Matthew) |
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