Winter et al v. Facebook, Inc. et al
Plaintiff: Elliott Winter, Alexandria Hurlburt and Elliot Winter
Defendant: Facebook, Inc., TIKTOK INC., TikTok Pte. Ltd., Bytedance Ltd., Bytdance Inc. and Monica Dolan
Case Number: 4:2021cv01046
Filed: August 20, 2021
Court: US District Court for the Eastern District of Missouri
Presiding Judge: John A Ross
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1441 Petition for Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 21, 2022 Opinion or Order Filing 31 MEMORANDUM AND ORDER. (See Full Order.) For these reasons, the Court will dismiss the case without prejudice for lack of subject matter jurisdiction. Accordingly, IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. Signed by District Judge John A. Ross on 1/21/2022. (CBL)
January 6, 2022 Opinion or Order Filing 30 ORDER OF PARTIAL DISMISSAL: IT IS HEREBY ORDERED that Defendants TikTok PTE Ltd., Bytedance Ltd., and Bytedance Inc. are DISMISSED with prejudice. (Party TikTok Pte. Ltd., Bytdance Inc. and Bytedance Ltd. terminated.) Signed by District Judge John A. Ross on 1/6/22. (JAB)
December 21, 2021 Opinion or Order Filing 29 ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Plaintiffs shall show cause in writing, within fourteen (14) days of the date of this Order, why this action should not be dismissed with prejudice as to Defendants TikTok PTE Ltd., Bytedance Ltd., and Bytedance Inc. Signed by District Judge John A. Ross on 12/21/21. (JAB)
December 20, 2021 Filing 28 ANSWER to Complaint by Monica Dolan.(CLO)
November 22, 2021 Opinion or Order Filing 27 JUDGMENT OF DISMISSAL: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Count X of Plaintiffs' Complaint and Defendants Facebook, Inc. and TikTok Inc. are DISMISSED with prejudice. Signed by District Judge John A. Ross on 11/22/2021. (CLO)
November 22, 2021 Opinion or Order Filing 26 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that TikTok Inc.'s Motion to Dismiss #10 is GRANTED.IT IS FURTHER ORDERED that Facebook Inc.'s Motion to Dismiss #12 is GRANTED. Signed by District Judge John A. Ross on 11/22/2021. (CLO)
November 19, 2021 Filing 25 REPLY to Response to Motion re #12 MOTION to Dismiss Party Facebook, Inc. filed by Defendant Facebook, Inc.. (Reid, Evan)
November 9, 2021 Filing 24 MEMORANDUM in Opposition re #12 MOTION to Dismiss Party Facebook, Inc. filed by Plaintiffs Alexandria Hurlburt, Elliot Winter. (Haake, Derek)
November 5, 2021 Filing 23 Alias Summons Issued as to defendant Monica Dolan. The summons was emailed to attorney Derek Haake. (JAB)
November 4, 2021 Filing 22 NOTICE OF PROCESS SERVER by Plaintiffs Alexandria Hurlburt, Elliot Winter Process Server: Snohomish County Sheriff Department (Attachments: #1 Summons)(Haake, Derek)
November 2, 2021 Opinion or Order Filing 21 ORDER: IT IS HEREBY ORDERED that Plaintiffs are granted until Tuesday, November 9, 2021, to respond to Facebook, Inc.'s Motion to Dismiss. Failure to do so will result in the Court ruling on Facebook Inc.'s unopposed motion. Signed by District Judge John A. Ross on 11/2/21. (JAB)
October 29, 2021 Filing 20 Memorandum for Alias Summons by Elliot Winter as to Monica Dolan. (Haake, Derek) Modified docket text on 11/1/2021 (LNJ).
September 27, 2021 Filing 19 REPLY to Response to Motion re #10 MOTION to Dismiss Party TikTok Inc. filed by Defendant TIKTOK INC.. (Nasser, Michelle)
September 20, 2021 Opinion or Order Filing 18 Docket Text ORDER: Re: #17 MOTION for Leave to Appear Pro Hac Vice Albert Giang. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8875514) by Defendant TIKTOK INC.. (Attachments: # 1 Certificate of Good Standing)(Giang, Albert); ORDERED GRANTED. Signed by District Judge John A. Ross on 9/20/2021. (LNJ)
September 20, 2021 Filing 17 MOTION for Leave to Appear Pro Hac Vice Albert Giang. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8875514) by Defendant TIKTOK INC.. (Attachments: #1 Certificate of Good Standing)(Giang, Albert)
September 17, 2021 Filing 16 MEMORANDUM in Opposition re #10 MOTION to Dismiss Party TikTok Inc. Motion in Opposition to Dismiss Party TikTok Inc. filed by Plaintiffs Alexandria Hurlburt, Elliot Winter. (Haake, Derek)
September 3, 2021 Filing 15 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant TIKTOK INC.. Parent companies: TikTok LLC, TikTok Ltd., ByteDance Ltd.,. (Sacks, Kathleen)
August 31, 2021 Filing 14 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Facebook, Inc.. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Reid, Evan)
August 27, 2021 Filing 13 MEMORANDUM in Support of Motion re #12 MOTION to Dismiss Party Facebook, Inc. filed by Defendant Facebook, Inc.. (Reid, Evan)
August 27, 2021 Filing 12 MOTION to Dismiss Party Facebook, Inc. by Defendant Facebook, Inc.. (Reid, Evan)
August 27, 2021 Filing 11 MEMORANDUM in Support of Motion re #10 MOTION to Dismiss Party TikTok Inc. filed by Defendant TIKTOK INC.. (Nasser, Michelle)
August 27, 2021 Filing 10 MOTION to Dismiss Party TikTok Inc. by Defendant TIKTOK INC.. (Nasser, Michelle)
August 27, 2021 Filing 9 ENTRY of Appearance by Kathleen A. Sacks for Defendant TIKTOK INC.. (Sacks, Kathleen)
August 27, 2021 Filing 8 ENTRY of Appearance by Michelle Nasser for Defendant TIKTOK INC.. (Nasser, Michelle)
August 27, 2021 Filing 7 CJRA ORDER (GJL). Magistrate Judge Noelle C. Collins termed. Case reassigned to District Judge John A. Ross for all further proceedings. (CBL)
August 24, 2021 Filing 6 Electronic Notice re: Disclosure of Organizational Interests Certificate to Defendants Bytdance Inc., Bytedance Ltd., Facebook, Inc., TIKTOK INC., TikTok Pte. Ltd.. Pursuant to Local Rule 2.09, every non-governmental organizational party must file a Disclosure of Organizational Interests Certificate within ten (10) days of the party's first pleading or entry of appearance. Please complete and file the certificate as soon as possible # (moed-0001.pdf). (KCD)
August 23, 2021 Filing 5 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob)
August 23, 2021 Filing 4 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Facebook, Inc. (State Court File-Stamped Notice of Removal) Sent To: State Court - Executed (Reid, Evan)
August 23, 2021 Filing 3 Petition (Removal/Transfer) Received From: Circuit Court of St. Louis City, filed by Elliot Winter, Alexandria Hurlburt.(JKL)
August 23, 2021 Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: Honorable Noelle C. Collins. (JKL)
August 20, 2021 Filing 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Facebook, Inc. Sent To: Plaintiff (Reid, Evan)
August 20, 2021 Filing 1 NOTICE OF REMOVAL from St. Louis City, case number 2122-CC08817, with receipt number AMOEDC-8824089, in the amount of $402 Jury Demand,, filed by Facebook, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Original Filing Form, #6 Civil Cover Sheet)(Reid, Evan) (Additional attachment(s) added on 8/23/2021: #7 Attachment State Docket Sheet) (JKL).

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Plaintiff: Elliott Winter
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Plaintiff: Alexandria Hurlburt
Represented By: Derek R. Haake
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Plaintiff: Elliot Winter
Represented By: Derek R. Haake
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Defendant: Facebook, Inc.
Represented By: Evan Z. Reid
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Defendant: TIKTOK INC.
Represented By: Kathleen A. Sacks
Represented By: Michelle Nasser
Represented By: Albert Giang
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Defendant: TikTok Pte. Ltd.
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Defendant: Bytedance Ltd.
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Defendant: Bytdance Inc.
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Defendant: Monica Dolan
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