Netchoice, LLC v. Fitch
| Netchoice, LLC |
| Lynn Fitch |
| Electronic Frontier Foundation |
| 1:2024cv00170 |
| June 7, 2024 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Bradley W Rath |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on July 22, 2024. A more recent docket listing may be available from PACER.
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Filing 44
ORDER ADMINISTRATIVELY CLOSING CASE: this case is administratively closed until further order of the court. Signed by District Judge Halil S. Ozerden on 7/22/2024 (wld)
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Filing 43
ORDER granting Joint Motion #41 to Stay Proceedings. Signed by District Judge Halil S. Ozerden on July 22, 2024. (ENW)
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Filing 42
MEMORANDUM in Support re #41 Joint MOTION to Stay Proceedings filed by Netchoice, LLC (Manuel, J.)
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Filing 41
Joint MOTION to Stay Proceedings by Netchoice, LLC (Manuel, J.)
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ELECTRONIC RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at #http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. Pro Se Parties should request the record from the Clerks Office. (wld)
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Filing 40
ORDER denying Defendant's #33 Motion to Stay. Signed by District Judge Halil S. Ozerden on July 15, 2024. (ENW)
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DOCKET ANNOTATION as to #39: Incorrect event chosen. This document is titled Reply Memorandum of Authorities Supporting Motion and contains case law. Therefore, the event code, Memorandum in Support of Motion should have been selected. Attorney is advised that in the future, an event code must be chosen based on the title of the document. (RLW)
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Filing 39
REPLY to Response to Motion re #33 Motion to Stay Case filed by Lynn Fitch (Minor-State Gov, Wilson)
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Certified and Transmitted Electronic Record on Appeal to US Court of Appeals re #32 Notice of Appeal. Once the record has been accepted, a separate docket entry will be made notifying parties that they may then access the record via the Fifth Circuit website. (wld)
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Filing 38
NOTICE OF FILING OF OFFICIAL Motion Hearing TRANSCRIPT for dates of 06/26/24 before Judge Judge Halil Ozerden, re #32 Notice of Appeal Court Reporter/Transcriber Sherri Penny, Telephone Number : 228-563-1781, E-mail : sherri_penny@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2024. Redacted Transcript Deadline set for 8/12/2024. Release of Transcript Restriction set for 10/9/2024. (SLP)
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Filing 37
TRANSCRIPT REQUEST by Lynn Fitch for proceedings held on June 26, 2024 before Judge Halil S. Ozerden, re #32 Notice of Appeal Court Reporter/Transcriber Sherri Penny, Telephone Number : 228-563-1781, E-mail : sherri_penny@mssd.uscourts.gov. Transcript due by 7/25/2024 (Minor-State Gov, Wilson)
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Filing 36
RESPONSE in Opposition re #33 Motion to Stay Case filed by Netchoice, LLC (Manuel, J.)
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Filing 35
Appeal Remark re #32 Notice of Appeal : Letter to Wilson Douglas Minor from U.S Court of Appeals advising of Federal Rules of Appellate Procedure and appeal number. (PKS)
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USCA Case Number 24-60341 for #32 Notice of Appeal filed by Lynn Fitch. (PKS)
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DOCKET ANNOTATION as to # 33. Incorrect event selected. Attorney should have filed this Motion as a Motion to Stay Case. Clerk's Office has made the correction. (JCH)
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TEXT ONLY ORDER expediting briefing on Defendant's Motion #33 to Stay. Plaintiff's Response to Defendant's Motion #33 is now due on or before July 10, 2024, and any Reply is due on or before July 12, 2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on July 8, 2024. (ENW)
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Filing 34
MEMORANDUM in Support re #33 MOTION to Stay re #30 Order on Motion for Preliminary Injunction,, Order on Motion for TRO, filed by Lynn Fitch (Minor-State Gov, Wilson)
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Filing 33
MOTION to Stay Case re #30 Order on Motion for Preliminary Injunction,, Order on Motion for TRO, by Lynn Fitch (Minor-State Gov, Wilson) Modified to correct motion relief on 7/8/2024 (JCH).
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Filing 32
NOTICE OF APPEAL as to #30 Order on Motion for Preliminary Injunction,, Order on Motion for TRO, by Lynn Fitch. Filing fee $ 605, receipt number AMSSDC-5442888. Appeal Record due by 7/17/2024 (Minor-State Gov, Wilson)
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Filing 31
NOTICE of Supplemental Authority by Netchoice, LLC (Attachments: #1 Exhibit A: New Authority)(Manuel, J.)
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Filing 30
ORDER granting in part and denying in part Plaintiff NetChoice, LLC's Motion #3 for Preliminary Injunction and Temporary Restraining Order, and preliminarily enjoining enforcement of Mississippi House Bill 1126. Signed by District Judge Halil S. Ozerden on July 1, 2024. (ENW)
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Filing 29
ANSWER to #1 Complaint for Declaratory and Injunctive Relief by Lynn Fitch.(Barker-State Gov, Elizabeth)
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Minute Entry for proceedings before District Judge Halil S. Ozerden: Preliminary Injunction hearing held on 6/26/2024. The Court heard argument from the parties and will take the matter under advisement. APPEARANCES: Steven Lehotsky, PHV, Jared Magnuson, PHV, and J. William Manuel, counsel for Plaintiff; and Scott Stewart, Clarence Lott, Elizabeth Barker, and Wilson Minor, counsel for Defendant Lynn Fitch.(ALS) (Court Reporter S. Penny, sherri_penny@mssd.uscourts.gov or (228) 563-1781) Modified to add court reporter 6/27/2024 (ALS).
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Filing 28
NOTICE of Appearance by Scott G. Stewart-State Gov on behalf of All Defendants (Stewart-State Gov, Scott)
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DOCKET ANNOTATION as to #28: There is only one defendant in this case, therefore, the defendant's name should have been selected, not All Defendants. Also, All Plaintiffs or All Defendants should not be selected unless there are more than 10 parties that are represented by the same attorney. Attorney is not required to re-file. (RLW)
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Filing 27
REPLY to Response to Motion re #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Netchoice, LLC (Manuel, J.)
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Filing 26
RESPONSE in Opposition re #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Lynn Fitch (Minor-State Gov, Wilson)
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Filing 25
Brief of Amicus Curiae by Electronic Frontier Foundation re #3 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Netchoice, LLC (Attachments: # 1 Exhibit 1: Mississippi House Bill 1126, # 2 Exhibit 2:Declaration of Carl Szabo, # 3 Exhibit 3: Declaration of Alexandra N. Veitch, # 4 Exhibit 4: Declaration of Gautham Pai, # 5 Exhibit 5: Declaration of Denise Paolucci)(Manuel, J.) filed by Electronic Frontier Foundation (Mayo, J.)
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Filing 24
Corporate Disclosure Statement by Electronic Frontier Foundation (Mayo, J.)
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Filing 23
Unopposed MOTION for Leave to File Brief of Amicus Curiae in Support of Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order by Electronic Frontier Foundation (Attachments: #1 Exhibit 1 - EFF Amicus Brief)(Mayo, J.)
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TEXT ONLY ORDER granting #21 Motion to Appear Pro Hac Vice; granting #22 Motion to Appear Pro Hac Vice. That Attorneys David Allen Greene, and Aaron David Mackey be admitted pro hac vice in this case on behalf of Amicus Curiae Electronic Frontier Foundation in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/18/2024 (AB)
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TEXT ONLY ORDER granting as unopposed Electronic Frontier Foundation's Motion #23 for Leave to File Brief of Amicus Curiae in Support of Plaintiff's Motion #3 for Preliminary Injunction and Temporary Restraining Order. Electronic Frontier Foundation must file its amicus brief, which it attached to the Motion #23 as Exhibit 1 [23-1], by June 19, 2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on June 18, 2024. (ENW)
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Filing 22
MOTION for Aaron David Mackey to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5431366) by Electronic Frontier Foundation (Attachments: #1 Certificate of Good Standing)(Mayo, J.)
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Filing 21
MOTION for David Allen Greene to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5431358) by Electronic Frontier Foundation (Attachments: #1 Certificate of Good Standing)(Mayo, J.)
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Filing 20
Notice of Amicus Curiae APPEARANCE entered by J. Cal Mayo, Jr on behalf of Electronic Frontier Foundation (Mayo, J.)
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Filing 19
NOTICE by the Court of Financial Interest in Interested Member of Trade Association Plaintiff NetChoice, LLC. (ENW)
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Minute Entry for proceedings held before District Judge Halil S. Ozerden: Telephone Conference held on 6/17/2024. The Court advised the parties of a financial interest in one of trade association Plaintiff Netchoice, LLC's members and will enter a Notice of Financial Interest. PARTICIPANTS: J. William Manuel, Jeremy Evan Maltz - PHV, Scott A. Keller - PHV, and Steven Paul Lehotsky - PHV, counsel for Plaintiff; Clarence Lee Lott, III, counsel for Defendant. (Court Reporter K. Vogt, (228) 563-1780, Kati_Vogt@mssd.uscourts.gov). (ENW)
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TEXT ONLY ORDER setting a telephone conference for Monday, June 17, 2024, at 9:15 a.m. (CDT) before District Judge Halil S. Ozerden. The Court will email counsel the call-in number. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on June 13, 2024. (ENW)
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Filing 18
NOTICE of Appearance by Wilson D. Minor-State Gov on behalf of Lynn Fitch (Minor-State Gov, Wilson)
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Filing 17
NOTICE of Appearance by Elizabeth Claire Barker-State Gov on behalf of Lynn Fitch (Barker-State Gov, Elizabeth)
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Filing 16
NOTICE of Appearance by Clarence Lee Lott, III on behalf of Lynn Fitch (Lott, Clarence)
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Filing 15
ORDER Setting Hearing on Motion #3 for Preliminary Injunction and Temporary Restraining Order, and Ordering Expedited Briefing. Motion Hearing set for 6/26/2024 at 9:30 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Signed by District Judge Halil S. Ozerden on June 10, 2024. (ENW)
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Filing 14
SUMMONS Returned Executed by Netchoice, LLC. (Manuel, J.)
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TEXT ONLY ORDER granting #7 Motion to Appear Pro Hac Vice; granting #8 Motion to Appear Pro Hac Vice; granting #9 Motion to Appear Pro Hac Vice; granting #11 Motion to Appear Pro Hac Vice; granting #13 Motion to Appear Pro Hac Vice. That Attorneys Steven P. Lehotsky, Scott Allen Keller, Jeremy Evan Maltz, Jared B. Magnuson and Joshua Paul Morrow be admitted pro hac vice in this case on behalf of Plaintiff Netchoice, LLC in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/10/2024 (AB)
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DOCKET ANNOTATION as to #12: A return on summons should not be filed without the first page, as issued, preceding the return. Attorney is directed to scan the first page of the original issued summons with the original completed proof of service and refile. Docket entry #12 will be disregarded. (RLW)
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Filing 13
MOTION for Joshua Paul Morrow to Appear Pro Hac Vice by Netchoice, LLC (Attachments: #1 Exhibit 1: Certificate of Good Standing)(Manuel, J.)
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Filing 12
**ERROR**Disregard this entry. SUMMONS Returned Executed by Netchoice, LLC. Lynn Fitch served on 6/7/2024, answer due 6/28/2024. (Manuel, J.) Modified on 6/10/2024 (RLW).
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Filing 11
MOTION for Jared B. Magnuson to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5424168) by Netchoice, LLC (Attachments: #1 Exhibit 1: Certificate of Good Standing)(Manuel, J.) (Main Document 11 replaced on 6/7/2024) (wld).
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Filing 10
(DISREGARD) MOTION for Joshua Paul Morrow to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5424167) by Netchoice, LLC (Attachments: #1 Exhibit 1: Certificate of Good Standing)(Manuel, J.) (Main Document 10 replaced on 6/7/2024) (wld). Modified on 6/7/2024 (wld).
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Filing 9
MOTION for Jeremy Evan Maltz to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5424165) by Netchoice, LLC (Attachments: #1 Exhibit 1: Certificate of Good Standing)(Manuel, J.) (Main Document 9 replaced on 6/7/2024) (wld).
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Filing 8
MOTION for Scott Allen Keller to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5424160) by Netchoice, LLC (Attachments: #1 Exhibit 1: Certificate of Good Standing)(Manuel, J.) (Main Document 8 replaced on 6/7/2024) (wld).
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Filing 7
MOTION for Steven P. Lehotsky to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5424129) by Netchoice, LLC (Attachments: #1 Exhibit 1: Certificate of Good Standing)(Manuel, J.) (Main Document 7 replaced on 6/7/2024) (wld).
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Filing 6
NOTICE of Appearance by Stephen Lee Thomas on behalf of Netchoice, LLC (Thomas, Stephen)
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Filing 5
Corporate Disclosure Statement by Netchoice, LLC (Manuel, J.)
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Filing 4
MEMORANDUM in Support re #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Netchoice, LLC (Manuel, J.)
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Filing 3
MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Netchoice, LLC (Attachments: #1 Exhibit 1: Mississippi House Bill 1126, #2 Exhibit 2:Declaration of Carl Szabo, #3 Exhibit 3: Declaration of Alexandra N. Veitch, #4 Exhibit 4: Declaration of Gautham Pai, #5 Exhibit 5: Declaration of Denise Paolucci)(Manuel, J.)
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Filing 2
Summons Issued as to Lynn Fitch. (wld)
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Filing 1
COMPLAINT against Lynn Fitch ( Filing fee $ 405 receipt number 5423819), filed by Netchoice, LLC. (Attachments: #1 Exhibit 1-Mississippi House Bill 1126, #2 Civil Cover Sheet)(wld)
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DOCKET ANNOTATION as to #7,8,9,10 and 11. Any PDF fillable on-line forms once completedshould be electronically converted to PDF by printing to the PDF printer. Save the filewith an appropriate name in a folder. E-file the electronically converted PDF form, notthe form which was filled in and saved. Clerk has converted and replaced the documents. DOCKET ANNOTATION as to #10. Sections D, E and F appear to be incomplete. Counsel should correct document #10 and refile. Document #10 will be terminated and disregarded. (wld)
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Emailed issued summons to J. William Manuel at email address on docket. (wld)
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