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Case TitleHart v. Facebook, Inc. et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2021cv01543
Date Filed2021-08-31
Date Closed2022-02-02
JudgeJudge Thomas J. Whelan
PlaintiffJustin Hart
Case DescriptionJustin Hart filed suit against Facebook and the Department of Health and Human Services after he was removed from Facebook and Twitter for posting false information about the pandemic. This is not a FOIA claim.
Complaint issues: FOIA not mentioned

DefendantFacebook, Inc.
DefendantTwitter, Inc.
DefendantVivek Murthy in his official capacity as United States Surgeon General
DefendantJoseph R. Biden, Jr. in his official capacity as President of the United States
DefendantThe Department of Health and Human Services
DefendantThe Office of Management and Budget
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [11]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-311COMPLAINT with Jury Demand against Joseph R. Biden, Jr, Facebook, Inc., Vivek Murthy, The Department of Health and Human Services, The Office of Management and Budget, Twitter, Inc. ( Filing fee $ 402 receipt number ACASDC-16089890.), filed by Justin Hart. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:21-cv-1543-MMA-WVG. Judge Michael M. Anello and Magistrate Judge William V. Gallo are assigned to the case. (Tyler, Robert)(smd) (sjt). (Entered: 09/01/2021)
2021-09-012Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (smd)(sjt). (Entered: 09/01/2021)
2021-09-033Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16099792.) (Application to be reviewed by Clerk.) (Reader, Mallory) (rmc). (Entered: 09/03/2021)
2021-09-034ORDER Approving the Pro Hac Vice Application of Mallory Elizabeth Reader, re 3 Request to Appear Pro Hac Vice. Signed by Judge Michael M. Anello on 9/3/2021.(rmc) (Entered: 09/03/2021)
2021-09-035Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16102535.) (Application to be reviewed by Clerk.) (Kelsey, Brian)(rmc). (Entered: 09/03/2021)
2021-09-036ORDER Approving the Pro Hac Vice Application of Brian Kirk Kelsey, re 5 Request to Appear Pro Hac Vice. Signed by Judge Michael M. Anello on 9/3/2021.(rmc) (Entered: 09/03/2021)
2021-09-167NOTICE of Appearance by Jonathan Alan Patchen on behalf of Twitter, Inc. (Patchen, Jonathan)Attorney Jonathan Alan Patchen added to party Twitter, Inc.(pty:dft) (tcf). (Entered: 09/16/2021)
2021-09-168Corporate Disclosure Statement by Twitter, Inc. No Corporate Parents/Interested Parties. (Patchen, Jonathan) (tcf). (Entered: 09/16/2021)
2021-09-169Joint MOTION for Extension of Time to File Answer re 1 Complaint, by Twitter, Inc. (Patchen, Jonathan) (tcf). (Entered: 09/16/2021)
2021-09-1610NOTICE of Appearance by Yuhan Chi on behalf of Twitter, Inc. (Chi, Yuhan)Attorney Yuhan Chi added to party Twitter, Inc.(pty:dft) (tcf). (Entered: 09/16/2021)
2021-09-1711ORDER Granting 9 Joint Motion to Extend Time to Respond to Complaint. Twitter must respond to the Complaint on or before the Federal Government Defendants' deadline to respond pursuant to Federal Rule of Civil Procedure 12(a)(2), which is currently, 11/8/2021. Signed by Judge Michael M. Anello on 9/17/2021. (tcf) (Entered: 09/17/2021)
2021-09-2012MINUTE ORDER OF TRANSFER. Judge Michael M. Anello is no longer assigned as presiding judge. Case reassigned to Judge Thomas J. Whelan for all further proceedings. The new case number is 21cv1543-W-WVG.(no document attached) (fth) (Entered: 09/20/2021)
2021-10-0413NOTICE of Appearance by Kuntal Virendra Cholera on behalf of Joseph R. Biden, Jr, Vivek Murthy, The Department of Health and Human Services, The Office of Management and Budget (Cholera, Kuntal)Attorney Kuntal Virendra Cholera added to party Joseph R. Biden, Jr(pty:dft), Attorney Kuntal Virendra Cholera added to party Vivek Murthy(pty:dft), Attorney Kuntal Virendra Cholera added to party The Department of Health and Human Services(pty:dft), Attorney Kuntal Virendra Cholera added to party The Office of Management and Budget(pty:dft) (jrm). (Entered: 10/04/2021)
2021-10-0514Ex Parte MOTION for Extension of Time to File Response to Complaint by Joseph R. Biden, Jr, Vivek Murthy, The Department of Health and Human Services, The Office of Management and Budget. (Cholera, Kuntal) (jrm). (Entered: 10/05/2021)
2021-10-0615***Document withdrawn per Doc. 17 *** RESPONSE in Opposition re 14 Ex Parte MOTION for Extension of Time to File Response to Complaint filed by Justin Hart. (Reader, Mallory) QC Mailer sent re incorrect signature on 10/7/2021; WITHDRAW/REFILE (jrm). Modified to withdraw on 10/8/2021 (jrm). (Entered: 10/06/2021)
2021-10-0716***Document Stricken per Order 22 *** Ex Parte MOTION for Entry of Default Against Facebook, Inc. by Justin Hart. (Attachments: # 1 Declaration Declaration and copy of proof of service)(Reader, Mallory) QC Mailer sent re incorrect signature on 10/8/2021; WITHDRAW/REFILE (jrm). Modified to strike on 10/14/2021 (jrm). (Main Document 16 replaced on 10/14/2021) (jrm). (Entered: 10/07/2021)
2021-10-0717NOTICE of Withdrawal of Opposition to Motion for Extension of Time to Respond by Justin Hart re 15 Response in Opposition to Motion (Reader, Mallory) (jrm). (Entered: 10/07/2021)
2021-10-0718***Document withdrawn per Doc. 19 *** RESPONSE in Opposition re 14 Ex Parte MOTION for Extension of Time to File Response to Complaint filed by Justin Hart. (Reader, Mallory) Modified to withdraw on 10/8/2021 (jrm). (Entered: 10/07/2021)
2021-10-0719NOTICE of Withdrawal of Opposition to Motion for Extension of Time to Respond by Justin Hart re 18 Response in Opposition to Motion (Reader, Mallory) (jrm). (Entered: 10/07/2021)
2021-10-0720RESPONSE in Opposition re 14 Ex Parte MOTION for Extension of Time to File Response to Complaint filed by Justin Hart. (Reader, Mallory)(jrm). (Entered: 10/07/2021)
2021-10-0821ORDER Granting Ex Parte Application for Extension of Time to Respond to the Complaint (Doc. 14 ). Signed by Judge Thomas J. Whelan on 10/8/2021. (jrm) (Entered: 10/08/2021)
2021-10-1422Notice of Document Discrepancies and Order Thereon by Judge Thomas J. Whelan Rejecting re 16 Ex Parte MOTION for Entry of Default Against Facebook, Inc. , from Plaintiff Justin Hart. Non-compliance with local rule(s), Section 2.f.1 of the Electronic Case Filing Administrative Policies and Procedures provides that [t]he name of the CM/ECF registered user under whose log-in and password the document is submitted must be preceded by a s/ and typed in the space where the signature would otherwise appear. The document violates this rule. QC mailer sent on 10/7/21 regarding issue.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Thomas J. Whelan on 10/14/2021. (Attachments: # 1 Stricken Document)(jrm) (Entered: 10/14/2021)
2021-10-1523NOTICE of Appearance by Melissa L. Cornell on behalf of Facebook, Inc. (Cornell, Melissa)Attorney Melissa L. Cornell added to party Facebook, Inc.(pty:dft) (sjt). (Entered: 10/15/2021)
2021-10-1524Joint MOTION for Extension of Time to File Answer by Facebook, Inc.. (Cornell, Melissa)(sjt). (Entered: 10/15/2021)
2021-10-1525Ex Parte MOTION For Entry of A Staged-Briefing Schedule by Twitter, Inc.. (Attachments: # 1 Declaration J. Patchen Declaration In Support of Twitter's Ex Parte Application for Entry of A Staged-Briefing Schedule, # 2 Ex. 1- J. Patchen Declaration (M. Reader Email), # 3 Ex. 2- J. Patchen Declaration (Twitter Terms of Service))(Patchen, Jonathan)(sjt). (Entered: 10/15/2021)
2021-10-1826ORDER granting 24 Motion for Extension of Time to Respond to Complaint. Signed by Judge Thomas J. Whelan on 10/18/2021. (sjt) (Entered: 10/18/2021)
2021-10-1927RESPONSE in Opposition re 25 Ex Parte MOTION For Entry of A Staged-Briefing Schedule filed by Justin Hart. (Attachments: # 1 Declaration Declaration of Mallory Reader)(Reader, Mallory)(jrm). (Entered: 10/19/2021)
2021-10-1928NOTICE of Appearance by Christopher C. Kearney on behalf of Facebook, Inc. (Kearney, Christopher)Attorney Christopher C. Kearney added to party Facebook, Inc.(pty:dft) (jrm). (Entered: 10/19/2021)
2021-10-1929RESPONSE in Support re 25 Ex Parte MOTION For Entry of A Staged-Briefing Schedule and in Opposition re 27 Plaintiff's Ex Parte Application filed by Facebook, Inc. (Cornell, Melissa) (jrm). (Entered: 10/19/2021)
2021-10-2030RESPONSE re 27 Response in Opposition to Motion filed by Twitter, Inc.. (Attachments: # 1 Declaration of Jonathan Patchen, # 2 Exhibit A)(Patchen, Jonathan) (jrm). (Entered: 10/20/2021)
2021-10-2131RESPONSE re 27 Response in Opposition to Motion filed by Joseph R. Biden, Jr, Vivek Murthy, The Department of Health and Human Services, The Office of Management and Budget. (Attachments: # 1 Exhibit A)(Cholera, Kuntal) (jrm). (Entered: 10/21/2021)
2021-10-2532ORDER Granting Ex Parte Application for Entry of a Staged-Briefing Schedule (Doc. 25 ) and Denying Cross Ex Parte Application for Early Rule 34 Document Requests (Doc. 27 ). Signed by Judge Thomas J. Whelan on 10/25/2021. (jrm) (Entered: 10/25/2021)
2021-11-0833MOTION to Change Venue by Facebook, Inc.. (Attachments: # 1 Declaration DECL OF JENNY PRICER IN SUPPORT OF MOTION TO TRANSFER)(Cornell, Melissa)(jrm). (Entered: 11/08/2021)
2021-11-0834MOTION to Change Venue by Twitter, Inc.. (Attachments: # 1 Declaration of Jonathan Patchen, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Patchen, Jonathan) (jrm). (Entered: 11/08/2021)
2021-11-2935MOTION to Withdraw as Attorney Mallory Reader by Justin Hart. (Attachments: # 1 Declaration Declaration of Mallory Reader)(Reader, Mallory) (jrm). (Entered: 11/29/2021)
2021-11-2936RESPONSE in Opposition re 33 MOTION to Change Venue , 34 MOTION to Change Venue filed by Justin Hart. (Reader, Mallory) (jrm). (Entered: 11/29/2021)
2021-12-1337REPLY to Response to Motion re 34 MOTION to Change Venue filed by Twitter, Inc. (Patchen, Jonathan)(jrm). (Entered: 12/13/2021)
2021-12-1338REPLY to Response to Motion re 33 MOTION to Change Venue filed by Facebook, Inc. (Cornell, Melissa) Modified on 12/14/2021 (jrm). (Entered: 12/13/2021)
2022-01-0639ORDER Approving Withdrawal of Mallory Reader as Counsel for Plaintiff (Doc. 35 ). Attorney Mallory Elizabeth Reader terminated. Signed by Judge Thomas J. Whelan on 1/6/2022. (jrm) (Entered: 01/06/2022)
2022-01-2540Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16508632.) (Application to be reviewed by Clerk.) (Suhr, Daniel) (rmc). (Entered: 01/25/2022)
2022-01-2541Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16508644.) (Application to be reviewed by Clerk.) (McQuaid, James) (rmc). (Entered: 01/25/2022)
2022-01-2542MOTION to Substitute Attorney by Justin Hart. (Kelsey, Brian)(jrm). (Entered: 01/25/2022)
2022-01-2643ORDER Approving the Pro Hac Vice Application of Daniel Robert Suhr, re 40 Request to Appear Pro Hac Vice. Signed by Judge Thomas J. Whelan on 1/25/2022.(rmc) (Entered: 01/26/2022)
2022-01-2644ORDER Approving the Pro Hac Vice Application of James McQuaid, re 41 Request to Appear Pro Hac Vice. Signed by Judge Thomas J. Whelan on 1/25/2022.(rmc) (Entered: 01/26/2022)
2022-02-0245Order Granting Defendants Facebook and Twitters Motions to Transfer Venue to the Northern District of California [Docs. 33 , 34 ]. Signed by Judge Thomas J. Whelan on 2/2/2022. (jrm) (Entered: 02/02/2022)
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by FOIA Project Staff
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