Parler LLC v. Amazon Web Services Inc Featured Case

Plaintiff Parler LLC is seeking injunctive relief, including a temporary restraining order and preliminary injunctive relief, and damages from Defendant Amazon Web Services, Inc. Plaintiff alleges that AWS terminated its account for cloud computing services to reduce competition in the microblogging services market to the benefit of Twitter in violation of Section 1 of the Sherman Antitrust Act.

Plaintiff: Parler LLC
Defendant: Amazon Web Services Inc
Petitioner: Jeffrey Cutler
Case Number: 2:2021cv00031
Filed: January 11, 2021
Court: US District Court for the Western District of Washington
Office: Seattle Office
Presiding Judge: Barbara J Rothstein
Nature of Suit: Anti-Trust
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 2, 2021 Filing 47 NOTICE of Voluntary Dismissal of case by Plaintiff Parler LLC (Groesbeck, David)
February 17, 2021 Opinion or Order Filing 46 ORDER granting Parties' #40 Stipulated Motion for Amendment and Response Schedule: Parler will file an Amended Complaint no later than March 2, 2021; AWS's deadline to respond to Parler's Amended Complaint will be April 8, 2021; Deadline for FRCP 26(f) conference: May 21, 2021; Initial Disclosures: May 28, 2021; Joint Status Report and Discovery Plan: June 4, 2021. Signed by Judge Barbara J. Rothstein.(MW)
February 17, 2021 Opinion or Order Filing 45 ORDER re #42 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gene Schaerr for Plaintiff Parler LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
February 17, 2021 Opinion or Order Filing 44 ORDER re #43 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney H Christopher Bartolomucci for Plaintiff Parler LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
February 16, 2021 Filing 43 APPLICATION OF ATTORNEY H. Christopher Bartolomucci FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Parler LLC (Fee Paid) Receipt No. AWAWDC-6944102 (Groesbeck, David)
February 16, 2021 Filing 42 APPLICATION OF ATTORNEY Gene C. Schaerr FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Parler LLC (Fee Paid) Receipt No. AWAWDC-6944054 (Groesbeck, David)
February 16, 2021 Filing 41 NOTICE of Appearance by attorney Angelo J Calfo on behalf of Plaintiff Parler LLC. (Calfo, Angelo)
February 15, 2021 Filing 40 Stipulated MOTION AND PROPOSED ORDER FOR AMENDMENT AND RESPONSE SCHEDULE, filed by Plaintiff Parler LLC. Noting Date 2/16/2021, (Groesbeck, David)
January 28, 2021 Opinion or Order Filing 38 ORDER re parties' #37 Joint Stipulation For Amendment and Response Schedule. AWS need not respond to Parler's Verified Complaint. Parler will file an Amended Complaint no later than February 16, 2021. AWS's deadline to respond to the Amended Complaint will be March 22, 2021. Signed by Judge Barbara J. Rothstein. (PM)
January 28, 2021 Filing 37 Joint Stipulated MOTION Re Amendment and Response Schedule, filed by Defendant Amazon Web Services Inc. (Doran, Ambika)
January 27, 2021 Filing 39 MOTION to Intervene, Reconsider and Injunctive Relief, filed by Movant Jeffrey Cutler. (PM)
January 25, 2021 Opinion or Order Filing 36 ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 3/8/2021, FRCP 26(f) Conference Deadline is 2/22/2021, Initial Disclosure Deadline is 3/1/2021. Signed by Judge Barbara J. Rothstein. (GC)
January 25, 2021 Opinion or Order Filing 35 STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (GC)
January 21, 2021 Opinion or Order Filing 34 ORDER denying Plaintiff's #2 Motion for TRO/Preliminary Injunction. Parler has failed to meet the standard set by Ninth Circuit and U.S. Supreme Court precedent for issuance of a preliminary injunction. To be clear, the Court is not dismissing Parler's substantive underlying claims at this time. Parler has fallen far short, however, of demonstrating, as it must, that it has raised serious questions going to the merits of its claims, or that the balance of hardships tips sharply in its favor. It has also failed to demonstrate that it is likely to prevail on the merits of any of its three claims; that the balance of equities tips in its favor, let alone strongly so; or that the public interests lie in granting the injunction. For these and the remaining reasons articulated in this order, Parler's motion for a preliminary injunction is DENIED. Signed by Judge Barbara J. Rothstein. (PM)
January 20, 2021 Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 1/14/2021 before Judge Barbara J. Rothstein.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 4/20/2021, (ND)
January 18, 2021 Filing 32 UNREDACTED SEALED #31 Notice of Supplemental Authority, by Plaintiff Parler LLC (Attachments: #1 Supplement Un redacted Supplemental Declaration of John Matze)(Groesbeck, David)
January 18, 2021 Filing 31 NOTICE of Supplemental Authority by Plaintiff Parler LLC (Attachments: #1 Exhibit Redacted Supplemental Declaration of John Matze)(Groesbeck, David)
January 15, 2021 Filing 30 UNREDACTED SEALED #23 Declaration, by Plaintiff Parler LLC (Groesbeck, David)
January 15, 2021 Filing 29 MOTION to Seal , filed by Plaintiff Parler LLC. Noting Date 1/15/2021, (Groesbeck, David)
January 15, 2021 Filing 28 TRANSCRIPT REQUEST by Plaintiff Parler LLC for proceedings held on 01-14-2021. Requesting Attorney: David J Groesbeck.Posting of this Transcript Order form does not constitute an official request for transcript(s). You MUST contact the individual court reporter(s), Nickoline Drury (nickoline_drury@wawd.uscourts.gov, 206-370-8508) to make payment arrangements and secure your desired delivery time. (Groesbeck, David)
January 14, 2021 Filing 27 TRANSCRIPT REQUEST by Defendant Amazon Web Services Inc for proceedings held on 01/14/2021 re 25 TRO Hearing,,. Requesting Attorney: Ambika K Doran.Posting of this Transcript Order form does not constitute an official request for transcript(s). You MUST contact the individual court reporter(s), Nickoline Drury (nickoline_drury@wawd.uscourts.gov, 206-370-8508) to make payment arrangements and secure your desired delivery time. (Doran, Ambika)
January 14, 2021 Opinion or Order Filing 26 MINUTE ORDER granting #15 Motion to Seal, authorized by Judge Barbara J. Rothstein.(GC) Modified on 1/14/2021 to identify as a Minute Order (PM).
January 14, 2021 Filing 25 MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Pla Counsel: David Groesbeck; Def Counsel: Ambika Doran; CR: Nickie Drury; Time of Hearing: 10:00AM; TRO Hearing via ZoomGov held on 1/14/2021. Court hears argument from counsel and takes matter under advisement. Written order on TRO to follow. Court discusses defense motion to seal documents, plaintiff does not object. Court grants motion to seal, dkt. no. #15 . Modified on 1/14/2021 (GC).
January 13, 2021 Filing 24 DECLARATION of Amy Peikoff filed by Plaintiff Parler LLC re #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Groesbeck, David)
January 13, 2021 Filing 23 DECLARATION of John Matze, Jr. filed by Plaintiff Parler LLC re #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit)(Groesbeck, David)
January 13, 2021 Opinion or Order Filing 22 ORDER re #20 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Alonzo B Wickers, IV for Defendant Amazon Web Services Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
January 13, 2021 Filing 21 REPLY, filed by Plaintiff Parler LLC, TO RESPONSE to #2 MOTION for Temporary Restraining Order (Groesbeck, David)
January 13, 2021 Filing 20 APPLICATION OF ATTORNEY Alonzo B. Wickers IV FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Amazon Web Services Inc (Fee Paid) Receipt No. AWAWDC-6870000 (Doran, Ambika)
January 13, 2021 Filing 19 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Amazon.com, Inc. for Amazon Web Services Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amazon Web Services Inc (Doran, Ambika)
January 13, 2021 Filing 18 NOTICE of Filing CD of Exhibits C & E to Declaration of Ambika K. Doran in Paper or Physical Form with the Clerk's Office by Defendant Amazon Web Services Inc. inre #11 Declaration,. (Doran, Ambika)
January 13, 2021 RECEIPT of CD (Exhibits C and E) re #11 Declaration of Ambika K. Doran; re #18 Notice of Filing Paper or Physical Materials. (Placed on Clerk's filing shelf in expando folder) (PM)
January 13, 2021 Set/Reset Hearings: Telephone Conference via ZoomGov set for 1/14/2021 at 10:00 AM before Judge Barbara J. Rothstein. (GC)
January 12, 2021 Filing 17 SEALED DOCUMENT Declaration of Amazon Executive 2 by Defendant Amazon Web Services Inc re #15 MOTION to Seal , #13 Declaration, (Doran, Ambika)
January 12, 2021 Filing 16 SEALED DOCUMENT Declaration of Amazon Executive 1 by Defendant Amazon Web Services Inc re #15 MOTION to Seal , #12 Declaration (Doran, Ambika)
January 12, 2021 Filing 15 MOTION to Seal , filed by Defendant Amazon Web Services Inc. (Attachments: #1 Proposed Order)(Doran, Ambika)
January 12, 2021 Filing 14 PROPOSED ORDER (Unsigned) re #2 MOTION for Temporary Restraining Order (Doran, Ambika)
January 12, 2021 Filing 13 DECLARATION of Amazon Executive 2 filed by Defendant Amazon Web Services Inc re #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Doran, Ambika)
January 12, 2021 Filing 12 Redacted DECLARATION of Amazon Executive 1 filed by Defendant Amazon Web Services Inc re #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A)(Doran, Ambika)
January 12, 2021 Filing 11 DECLARATION of Ambika Kumar Doran filed by Defendant Amazon Web Services Inc re #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Exhibit I, #8 Exhibit J, #9 Exhibit K, #10 Exhibit L, #11 Exhibit M, #12 Exhibit N, #13 Exhibit O)(Doran, Ambika)
January 12, 2021 Filing 10 RESPONSE, by Defendant Amazon Web Services Inc, to #2 MOTION for Temporary Restraining Order . (Doran, Ambika)
January 12, 2021 Filing 9 NOTICE of Appearance by attorney Ambika K Doran on behalf of Defendant Amazon Web Services Inc. (Doran, Ambika)
January 12, 2021 Filing 8 PRAECIPE re #7 Notice-Other Re Intent to File Response re Temporary Restraining Order by Defendant Amazon Web Services Inc (Doran, Ambika)
January 11, 2021 Filing 7 NOTICE INTENT TO FILE RESPONSE re #2 MOTION for Temporary Restraining Order ; filed by Defendant Amazon Web Services Inc. (Doran, Ambika)
January 11, 2021 Opinion or Order Filing 6 ORDER re Plaintiff's #2 MOTION for Temporary Restraining Order: The Court orders Parler to "serve all motion papers," including the Complaint, on AWS by no later than 5:00 p.m. PST today, January 11, 2021. AWS shall respond to the Motion for TRO no later than 5:00 p.m. PST, January 12, 2021. Parler may file any reply no later than 12:00 noon PST, January 13, 2021. The parties shall follow all rules for briefing, including page limits, set out in the Local Rules. Signed by Judge Barbara J. Rothstein. (MW)
January 11, 2021 Filing 5 Summons Electronically Issued as to defendant(s) Amazon Web Services Inc (SG)
January 11, 2021 Filing 4 PROPOSED ORDER (Unsigned) re #2 MOTION for Temporary Restraining Order (Groesbeck, David)
January 11, 2021 Filing 3 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Parler LLC (Groesbeck, David)
January 11, 2021 Filing 2 MOTION for Temporary Restraining Order , filed by Plaintiff Parler LLC. Noting Date 1/11/2021, (Groesbeck, David)
January 11, 2021 Filing 1 COMPLAINT against defendant(s) Amazon Web Solutions, Inc. (Receipt # AWAWDC-6862856) Attorney David J Groesbeck added to party Parler LLC(pty:pla), filed by Parler LLC. (Attachments: # 1 Exhibit Correspondence from Defendant to Plaintiff, # 2 Exhibit Defendant's Customer Agreement, # 3 Summons, # 4 Civil Cover Sheet)(Groesbeck, David)
January 11, 2021 Filing 1 COMPLAINT against defendant(s) Amazon Web Solutions, Inc. (Receipt # AWAWDC-6862856) Attorney David J Groesbeck added to party Parler LLC(pty:pla), filed by Parler LLC. (Attachments: #1 Exhibit Correspondence from Defendant to Plaintiff, #2 Exhibit Defendant's Customer Agreement, #3 Summons, #4 Civil Cover Sheet)(Groesbeck, David)
January 11, 2021 Judge Barbara J. Rothstein added. (SG)

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Plaintiff: Parler LLC
Represented By: David J Groesbeck
Represented By: Angelo J Calfo
Represented By: Gene Schaerr
Represented By: H Christopher Bartolomucci
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Defendant: Amazon Web Services Inc
Represented By: Ambika K Doran
Represented By: Alonzo B Wickers, IV
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Petitioner: Jeffrey Cutler
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