NetChoice v. Skrmetti

3:24-cv-01191 | Tennessee Middle District Court

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Division Nashville
Judge District Judge Eli J. Richardson
Filed Oct. 3, 2024
Case Flags CASE-REFERRED and NEWBERN
Magistrate Magistrate Judge Alistair Newbern
Nature of Suit 440 Civil Rights - Other
Cause 42:1983 Civil Rights Act
Jury Demand None
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Filing Date # Docket Text
2/27/2025Order on Motion to Continue
2/26/2025Continue
1/21/2025Reset Hearing per Order 53 : Initial Case Management Conference by Telephone is reset for 3/6/2025 at 09:30 AM before Magistrate Judge Alistair Newbern. (kc) (Entered: 01/21/2025)
1/21/2025ORDER: On January 16, 2025, Plaintiff NetChoice filed a motion to continue the initial case management conference set on January 23, 2025. 46 . Defendant Jonathan Skrmetti does not oppose the requested relief. 52 . Accordingly, the motion is GRANTED. The initial case management conference is CONTINUED to March 6, 2025, at 9:30 a.m. Counsel for each party shall call (650) 479-3207 and enter access code 2317 604 8628# to participate. Signed by Magistrate Judge Alistair Newbern on 1/21/2025. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 01/21/2025)
1/17/2025RESPONSE to Motion re 46 MOTION to Continue Initial Case Management Conference filed by Jonathan Skrmetti. (Norris, Cameron) (Entered: 01/17/2025)
1/17/2025ORDER: Plaintiff at its option may submit a reply, not to exceed seven pages, within two days after Defendant file their response to the TRO Motion 48 . Signed by District Judge Eli J. Richardson on 1/17/2025. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 01/17/2025)
1/17/2025ORDER: The Defendant shall respond to Plaintiff's Motion for Temporary Restraining Order and Renewed Motion for Preliminary Injunction 48 no later than January 23, 2025. Signed by District Judge Eli J. Richardson on 1/17/2025. (kc) (Entered: 01/17/2025)
1/16/2025MEMORANDUM in Support of 48 MOTION for Temporary Restraining Order and Renewed Motion for Preliminary Injunction filed by NetChoice . (Maltz, Jeremy) (Entered: 01/16/2025)
1/16/2025 MOTION for Temporary Restraining Order and Renewed Motion for Preliminary Injunction by NetChoice. (Attachments: # 1 Exhibit Ex.1 - As-Enacted Text of Law, # 2 Exhibit Ex. 2 - Cleland Declaration, # 3 Exhibit Ex. 3 - Pai Declaration, # 4 Exhibit Ex. 4 - Paolucci Declaration, # 5 Attachment Proposed Order)(Maltz, Jeremy) (Entered: 01/16/2025)
1/15/2025ORDER OF RECUSAL: I hereby recuse myself in this case. The file shall be returned to the Clerk for reassignment to another judge. Signed by Chief Judge William L. Campbell, Jr on 1/15/2025. (kc) (Entered: 01/15/2025)
1/14/2025 MOTION to Continue Initial Case Management Conference by NetChoice. (Attachments: # 1 Attachment Proposed Order)(Maltz, Jeremy) (Entered: 01/14/2025)
1/8/2025Minute Entry for proceedings held before Chief Judge William L. Campbell, Jr: Telephone Conference held on 1/8/2025. (Court Reporter Patty Jennings.) (Hearing lasted :11)(am) (Entered: 01/08/2025)
1/7/2025REPLY to Response to re 42 MOTION to Ascertain Status of Plaintiff's Motion for Preliminary Injunction re 8 filed by NetChoice. (Maltz, Jeremy) (Entered: 01/07/2025)
1/3/2025RESPONSE in Opposition re 42 MOTION to Ascertain Status of Plaintiff's Motion for Preliminary Injunction re 8 filed by Jonathan Skrmetti. (Norris, Cameron) (Entered: 01/03/2025)
1/2/2025ORDER: The Court will hold a telephone status conference on Wednesday, January 8, 2025, at 2:00 p.m. The parties shall call 855-244-8681 and enter access code 2310 964 0001 to be connected to the call. Signed by Chief Judge William L. Campbell, Jr on 1/2/2025. (kc) Modified on 1/3/2025 (kc). (Entered: 01/03/2025)
1/2/2025 MOTION to Ascertain Status of Plaintiff's Motion for Preliminary Injunction re 8 by NetChoice. (Odubeko, Junaid) (Entered: 01/02/2025)
1/1/2025RESPONSE filed by Jonathan Skrmetti re 40 Notice (Other) filed by NetChoice . (Norris, Cameron) (Entered: 01/01/2025)
12/31/2024NOTICE by NetChoice of Supplemental Authority (Attachments: # 1 Exhibit Order Entered Dec. 30, 2024)(Odubeko, Junaid) (Entered: 12/31/2024)
11/27/2024Reset Hearing per Order 39 : Initial Case Management Conference by Telephone is reset for 1/23/2025 at 09:30 AM before Magistrate Judge Alistair Newbern. (kc) (Entered: 11/27/2024)
11/27/2024ORDER granting 38 Joint Motion to Continue Initial Case Managment Conference. The initial case management conference is CONTINUED to January 23, 2025, at 9:30 a.m. Counsel for each party shall call (650) 479-3207 and enter access code 23176048628# to participate. Signed by Magistrate Judge Alistair Newbern on 11/27/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 11/27/2024)
11/25/2024Joint MOTION to Continue Initial Case Management Conference (Joint Motion) by Jonathan Skrmetti. (Norris, Cameron) (Entered: 11/25/2024)
11/25/2024RESPONSE filed by NetChoice re 34 Notice (Other) filed by Jonathan Skrmetti . (Odubeko, Junaid) (Entered: 11/25/2024)
11/22/2024ORDER: This matter is set for an initial case management conference on December 4, 2024 at 10:00 a.m. 7 . The Court's conference line has been changed. Counsel for each party shall call (650) 479-3207 and enter access code 2317 604 8628# to participate. Signed by Magistrate Judge Alistair Newbern on 11/22/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 11/22/2024)
11/19/2024RESPONSE in Support re 8 MOTION for Preliminary Injunction filed by NetChoice. (Odubeko, Junaid) (Entered: 11/19/2024)
11/19/2024NOTICE by Jonathan Skrmetti of Supplemental Authority (Attachments: # 1 Attachment Supplemental Authority (NetChoice v. Paxton))(Norris, Cameron) (Entered: 11/19/2024)
11/15/2024ORDER granting 32 Unopposed Motion for Leave to File Excess Pages. Signed by Chief Judge William L. Campbell, Jr on 11/15/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 11/15/2024)
11/13/2024Unopposed MOTION for Leave to File Excess Pages by NetChoice. (Odubeko, Junaid) (Entered: 11/13/2024)
11/1/2024DECLARATION of Matthew Janssen filed by Jonathan Skrmetti re: 26 Response in Opposition to Motion. (Attachments: # 1 Exhibit 44 Meta Complaint, # 2 Exhibit 45 Teens & News Feed, # 3 Exhibit 46 Household Study, # 4 Exhibit 47 U.S. study, # 5 Exhibit 48 Power of Ident., # 6 Exhibit 49 State of Teens 2020, # 7 Exhibit 50 Teen Fundamentals, # 8 Exhibit 51 Account Identity, # 9 Exhibit 52 Nov 2019 Presi., # 10 Exhibit 53 Teen MH Deep Dive, # 11 Exhibit 54 Teen Well Being Study, # 12 Exhibit 55 Teen Mental Health, # 13 Exhibit 56 Teens Insights, # 14 Exhibit 57 Problematic Use, # 15 Exhibit 58 Comparison Research, # 16 Exhibit 59 Social Comparison, # 17 Exhibit 60 BEEF Survey, # 18 Exhibit 61 Teen Well-Being, # 19 Exhibit 62 Selfie Manip. Article, # 20 Exhibit 63 Cosm. Surg. Filters, # 21 Exhibit 64 Rethink Child Safety, # 22 Exhibit 65 Teens Strategic Focus 2017, # 23 Exhibit 66 Youth Update 2018)(Norris, Cameron) (Entered: 11/01/2024)
11/1/2024DECLARATION of Thomas Vaseliou filed by Jonathan Skrmetti re: 26 Response in Opposition to Motion. (Attachments: # 1 Exhibit 1 NCMEC CyberTipline 2023, # 2 Exhibit 2 NCMEC CyberTipline 2022, # 3 Exhibit 3 Meta Struggles to Boot Pedophiles, # 4 Exhibit 4 Borj Report, # 5 Exhibit 5 FBI Sextortion, # 6 Exhibit 6 FBI Alert, # 7 Exhibit 7 Starksville Sextortion, # 8 Exhibit 8 Pew Cyberbullying, # 9 Exhibit 9 Pew Social Media 2023, # 10 Exhibit 10 Pew Social Media 2022, # 11 Exhibit 11 Gallup Teen Use, # 12 Exhibit 12 Cruz Security.org, # 13 Exhibit 13 Pew Parental Consent, # 14 Exhibit 14 Surgeon General Advisory, # 15 Exhibit 15 Anxious Generation, # 16 Exhibit 16 Twenge 2022, # 17 Exhibit 17 Ra ADHD, # 18 Exhibit 18 Elhai Academic Perf., # 19 Exhibit 19 Riehm Report, # 20 Exhibit 20 Twenge 2019, # 21 Exhibit 21 Li Cyberbullying, # 22 Exhibit 22 Meta Privacy, # 23 Exhibit 23 FTC Press Release, # 24 Exhibit 24 Snapchat Privacy, # 25 Exhibit 25 Meta Blame App Dev. Wash. Post, # 26 Exhibit 26 Horwitz WSJ, # 27 Exhibit 27 WSJ Files, # 28 Exhibit 28 Bejar Test., # 29 Exhibit 29 Raffoul Report, # 30 Exhibit 30 ToS Paper, # 31 Exhibit 31 FB ToS, # 32 Exhibit 32 Instagram ToS, # 33 Exhibit 33 YouTube ToS, # 34 Exhibit 34 X ToS, # 35 Exhibit 35 Snap ToS, # 36 Exhibit 36 Pinterest ToS, # 37 Exhibit 37 Nextdoor ToS, # 38 Exhibit 38 Dreamwidth ToS, # 39 Exhibit 39 TikTok ToS, # 40 Exhibit 40 NetChoice Veto, # 41 Exhibit 41 Murthy MH Crisis, # 42 Exhibit 42 Manyvids ToS, # 43 Exhibit 43 Sharesom ToS)(Norris, Cameron) (Entered: 11/01/2024)
11/1/2024DECLARATION of Tony Allen filed by Jonathan Skrmetti re: 26 Response in Opposition to Motion. (Norris, Cameron) (Entered: 11/01/2024)
11/1/2024DECLARATION of Dr. Kristopher Kaliebe filed by Jonathan Skrmetti re: 26 Response in Opposition to Motion. (Norris, Cameron) (Entered: 11/01/2024)
11/1/2024DECLARATION of TN Law Enforcement Officers filed by Jonathan Skrmetti re: 26 Response in Opposition to Motion. (Norris, Cameron) (Entered: 11/01/2024)
11/1/2024RESPONSE in Opposition re 8 MOTION for Preliminary Injunction filed by Jonathan Skrmetti. (Norris, Cameron) (Entered: 11/01/2024)
10/22/202425ORDER granting 12 , 13 , 14 , 15 , 16 , 17 , 21 , and 22 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Jared B. Magnuson, Jeremy Evans Maltz, Joshua P. Morrow, Shannon Grammel, Steve P. Lehotsky, Scott A. Keller, Thomas R. McCarthy, and Thomas Vaseliou to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 10/22/2024. (lh) (Entered: 10/22/2024)
10/16/2024RECEIPT #300004135 in the amount of $300.00 posted by Jonathan Skrmetti re 21 Motion to Appear Pro Hac Vice and 22 Motion to Appear Pro Hac Vice. (ch) (Entered: 10/16/2024)
10/16/2024ORDER: 20 Joint MOTION for Scheduling Order is GRANTED. Responses re 8 Motion for Preliminary Injunction due by 11/1/2024. Replies due by 11/20/2024. Signed by Chief Judge William L. Campbell, Jr on 10/15/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 10/16/2024)
10/11/2024 MOTION for attorney Thomas Vaseliou to Appear Pro Hac Vice (Fee due within 10 days) by Jonathan Skrmetti. (kc) (Entered: 10/11/2024)
10/11/2024 MOTION for attorney Thomas R. McCarthy to Appear Pro Hac Vice (Fee due within 10 days) by Jonathan Skrmetti. (kc) (Entered: 10/11/2024)
10/11/2024Joint MOTION for Scheduling Order by NetChoice. (Attachments: # 1 Attachment Proposed Order)(Odubeko, Junaid) (Entered: 10/11/2024)
10/11/2024TN State Bar status verified as active for Cameron Norris, Adam Karl Mortara admitted to this court. (kc) (Entered: 10/11/2024)
10/11/2024NOTICE of Appearance by Adam Karl Mortara on behalf of Jonathan Skrmetti (Mortara, Adam) (Entered: 10/11/2024)
10/10/2024NOTICE of Appearance by Cameron Norris on behalf of Jonathan Skrmetti (Norris, Cameron) (Entered: 10/10/2024)
10/8/2024 MOTION for attorney Scott A. Keller to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4178886) by NetChoice. (Attachments: # 1 Attachment Certificate of Good Standing)(Odubeko, Junaid) (Entered: 10/08/2024)
10/8/2024 MOTION for attorney Steve P. Lehotsky to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4178882) by NetChoice. (Attachments: # 1 Attachment Certificate of Good Standing)(Odubeko, Junaid) (Entered: 10/08/2024)
10/8/2024 MOTION for attorney Shannon Grammel to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4178876) by NetChoice. (Attachments: # 1 Attachment Certificate of Good Standing)(Odubeko, Junaid) (Entered: 10/08/2024)
10/8/2024 MOTION for attorney Joshua P. Morrow to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4178872) by NetChoice. (Attachments: # 1 Attachment Certificate of Good Standing)(Odubeko, Junaid) (Entered: 10/08/2024)
10/8/2024 MOTION for attorney Jeremy Evans Maltz to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4178867) by NetChoice. (Attachments: # 1 Attachment Certificate of Good Standing)(Odubeko, Junaid) (Entered: 10/08/2024)
10/8/2024 MOTION for attorney Jared B. Magnuson to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4178860) by NetChoice. (Attachments: # 1 Attachment Certificate of Good Standing)(Odubeko, Junaid) (Entered: 10/08/2024)
10/7/2024SUMMONS returned executed by NetChoice. Jonathan Skrmetti served on 10/4/2024. (Odubeko, Junaid) (Entered: 10/07/2024)
10/4/2024ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. § 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge William L. Campbell, Jr on 10/4/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) (Entered: 10/04/2024)
10/3/2024MEMORANDUM in Support of 8 MOTION for Preliminary Injunction filed by NetChoice . (Odubeko, Junaid) (Entered: 10/03/2024)
10/3/2024 MOTION for Preliminary Injunction by NetChoice. (Attachments: # 1 Exhibit Tennessee House Bill 1891, # 2 Exhibit Declaration of Bartlett Cleland, # 3 Exhibit Declaration of Gautham Pai, # 4 Exhibit Declaration of Denise Paolucci)(Odubeko, Junaid) (Entered: 10/03/2024)
10/3/2024NOTICE TO COUNSEL Steven Lehotsky, Scott A. Keller, Jeremy Evan Maltz, Shannon Grammel, Jared B. Magnuson, Joshua P. Morrow: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 10/24/2024. (mg) (Entered: 10/03/2024)
10/3/2024DC Bar status verified as active for Steven Lehotsky, Scott A. Keller, Jeremy Evan Maltz, Shannon Grammel not admitted to this court - Local counsel secured. (mg) (Entered: 10/03/2024)
10/3/2024TX State Bar status verified as active for Joshua P. Morrow not admitted to this court - Local counsel secured. (mg) (Entered: 10/03/2024)
10/3/2024GA State Bar status verified as active for Jared B. Magnuson not admitted to this court - Local counsel secured. (mg) (Entered: 10/03/2024)
10/3/2024TN State Bar status verified as active for Junaid A. Odubeko admitted to this court. (mg) (Entered: 10/03/2024)
10/3/2024NOTICE of Initial Case Management Conference by Telephone set for 12/4/2024 at 10:00 AM before Magistrate Judge Alistair Newbern. (mg) (Entered: 10/03/2024)
10/3/2024Summons issued as to Jonathan Skrmetti. Counsel is responsible for printing and serving the summons after it is issued by the Clerk's Office. (mg) (Entered: 10/03/2024)
10/3/2024NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) (Entered: 10/03/2024)
10/3/2024NOTICE of Business Entity Disclosure Statement filing requirement. (mg) (Entered: 10/03/2024)
10/3/2024NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (mg) (Entered: 10/03/2024)
10/3/2024BUSINESS ENTITY DISCLOSURE STATEMENT filed by NetChoice. (mg) (Entered: 10/03/2024)
10/3/2024COMPLAINT against Jonathan Skrmetti (Filing fee $405, Receipt number ATNMDC-4175315), filed by NetChoice. (Attachments: # 1 Exhibit - Tennessee House Bill 1891, # 2 Attachment - Civil Cover Sheet)(mg) (Entered: 10/03/2024)