Case: Yelp Inc. v. Paxton

COMPLAINT for Declaratory and Injunctive Relief against Ken Paxton, in his official capacity as Attorney General of Texas (Filing fee $ 402, receipt number ACANDC-18686473.). Filed by Yelp Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet) (Burke, Thomas) (Filed on 9/27/2023) Modified on 9/28/2023 (kmg, COURT STAFF). Modified on 9/28/2023 (kmg, COURT STAFF). (Entered: 09/27/2023)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Civil Cover Sheet

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Proposed Summons. (Burke, Thomas) (Filed on 9/27/2023) (Entered: 09/27/2023)

Certificate of Interested Entities by Yelp Inc. identifying Other Affiliate The Vanguard Group, Inc., Other Affiliate BlackRock, Inc. for Yelp Inc.. (Burke, Thomas) (Filed on 9/27/2023) (Entered: 09/27/2023)

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 9/28/2023) (Entered: 09/28/2023)

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Trina L Thompson for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case,. Signed by Clerk on 9/28/2023. (ark, COURT STAFF) (Filed on 9/28/2023) (Entered: 09/28/2023)

Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/12/2023. (kmg, COURT STAFF) (Filed on 9/28/2023) (Entered: 09/28/2023)

Summons Issued as to Ken Paxton, in his official capacity as Attorney General of Texas, U.S. Attorney General. (kmg, COURT STAFF) (Filed on 9/28/2023) (Entered: 09/28/2023)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18688104.) filed by Yelp Inc.. (Kumar, Ambika) (Filed on 9/28/2023) (Entered: 09/28/2023)

NOTICE of Appearance by Adam Stanley Sieff (Sieff, Adam) (Filed on 9/28/2023) (Entered: 09/28/2023)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Yelp Inc.. (Burke, Thomas) (Filed on 9/28/2023) Modified on 9/28/2023 (kmg, COURT STAFF). (Entered: 09/28/2023)

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (kmg, COURT STAFF) (Filed on 9/28/2023) (Entered: 09/28/2023)

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Clerk's Notice of Impending Reassignment - Text Only

CLERKS NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Trina L. Thompson upon reassignment. For a copy of Judge Thompson's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Initial Case Management Conference set for 1/4/2023 at 2:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 12/28/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/trina-l-thompson/General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Filed on 9/29/2023) (Entered: 09/29/2023)

Order GRANTING 6 Motion for Pro Hac Vice as to Ambika Kumar. Signed by Judge Trina L Thompson on 9/29/2023. (rfm, COURT USER) (Filed on 9/29/2023) (Entered: 09/29/2023)

SUMMONS Returned Executed by Yelp Inc.. Ken Paxton, in his official capacity as Attorney General of Texas served on 9/28/2023, answer due 11/27/2023. AFFIDAVIT of Service for Summons, Complaint, and supporting/accompanying documents served on Carrisa Stiles on behalf of Ken Paxton,in his official capacity as Attorney General of Texas on 09/28/2023,filed by Yelp Inc.. (Burke, Thomas) (Filed on 9/29/2023) Modified on 10/2/2023 (kmg, COURT STAFF). (Entered: 09/29/2023)

Clerk's Notice Setting Zoom Hearing

Set/Reset Hearings

Set/Reset Hearing re 12 Clerk's Notice Setting Zoom Hearing.,,,,, Initial Case Management Conference set for 1/4/2024 02:00 PM in San Francisco, - Videoconference Only. (rfm, COURT USER) (Filed on 9/29/2023)

NOTICE of Appearance by James A Daire (Daire, James) (Filed on 10/2/2023) (Entered: 10/02/2023)

MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support filed by Yelp Inc.. Motion Hearing set for 11/7/2023 09:00 AM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. Responses due by 10/16/2023. Replies due by 10/23/2023. (Attachments: # 1 Declaration of Noorie Malik in Support of Motion for Preliminary Injunction, # 2 Declaration of Adam Sieff in Support of Motion for Preliminary Injunction, # 3 Proposed Order, # 4 Certificate/Proof of Service)(Kumar, Ambika) (Filed on 10/2/2023) (Entered: 10/02/2023)

1 Declaration of Noorie Malik in Support of Motion for Preliminary Injunction

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2 Declaration of Adam Sieff in Support of Motion for Preliminary Injunction

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3 Proposed Order

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4 Certificate/Proof of Service

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Joint MOTION to Expedite Briefing and Hearing on Motion for Preliminary Injunction filed by Yelp Inc.. (Attachments: # 1 Declaration of Ambika Kumar ISO Stipulated Motion to Expedite Briefing and Hearing on Motion for Preliminary Injunction, # 2 Proposed Order)(Kumar, Ambika) (Filed on 10/4/2023) (Entered: 10/04/2023)

1 Declaration of Ambika Kumar ISO Stipulated Motion to Expedite Briefing and Heari

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2 Proposed Order

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18712034.) filed by Yelp Inc.. (Fairchild, Sara) (Filed on 10/5/2023) (Entered: 10/05/2023)

Order GRANTING 18 Motion for Pro Hac Vice s to Sara A. Fairchild. Signed by Judge Trina L Thompson on 10/5/2023. (rfm, COURT USER) (Filed on 10/5/2023) (Entered: 10/05/2023)

ORDER DENYING 17 Joint Motion to Expedite Briefing. The parties filed a motion for an expedited briefing and hearing schedule regarding a preliminary injunction. See ECF No. 17. The Court DENIES the motion and will maintain the existing briefing and hearing schedule. Signed by Judge Trina L. Thompson on 10/6/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tltlc2, COURT STAFF) (Filed on 10/6/2023) (Entered: 10/07/2023)

Order

NOTICE of Appearance by Alyssa N Bixby-Lawson (Bixby-Lawson, Alyssa) (Filed on 10/16/2023) (Entered: 10/16/2023)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18740167.) filed by Ken Paxton, in his official capacity as Attorney General of Texas. (Froman, Scott) (Filed on 10/16/2023) (Entered: 10/16/2023)

First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18740417.) filed by Ken Paxton, in his official capacity as Attorney General of Texas. (Baasch, Ryan) (Filed on 10/16/2023) (Entered: 10/16/2023)

OPPOSITION/RESPONSE (re 16 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support ) filed byKen Paxton, in his official capacity as Attorney General of Texas. (Bixby-Lawson, Alyssa) (Filed on 10/16/2023) (Entered: 10/16/2023)

MOTION to Dismiss and Memorandum of Points and Authorities filed by Ken Paxton, in his official capacity as Attorney General of Texas. Motion to Dismiss Hearing set for 1/23/2024 02:00 PM in San Francisco, Courtroom 09, 19th Floor. Responses due by 10/30/2023. Replies due by 11/6/2023. (Attachments: # 1 Proposed Order)(Bixby-Lawson, Alyssa) (Filed on 10/16/2023) (Entered: 10/16/2023)

CLERK'S NOTICE Continuing Motion Hearing as to 25 MOTION to Dismiss and Memorandum of Points and Authorities. Motion Hearing set for 1/23/2024 is re-set for 2/20/2024 at 2:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. (This is a text-only entry generated by the court. There is no document associated with this entry.)(rfm, COURT USER) (Filed on 10/17/2023) (Entered: 10/17/2023)

1 - Terminate Hearings AND Clerk's Notice Continuing Motion Hearing AND ~Util - Set Motion and Deadlines/Hearings

STIPULATION WITH PROPOSED ORDER TO EXCEED PAGE LIMITS filed by Yelp Inc.. (Kumar, Ambika) (Filed on 10/20/2023) (Entered: 10/20/2023)

ORDER DENYING 27 STIPULATION AND ORDER TO EXCEED PAGE LIMITS. Signed by Judge Trina L. Thompson on 10/23/2023. (rfm, COURT USER) (Filed on 10/23/2023) (Entered: 10/23/2023)

REPLY (re 16 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support ) filed byYelp Inc.. (Attachments: # 1 Declaration Noorie Malik, # 2 Declaration James Daire)(Kumar, Ambika) (Filed on 10/23/2023) (Entered: 10/23/2023)

1 Declaration Noorie Malik

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2 Declaration James Daire

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CORRECTED EXHIBIT C re 29 Reply in Support of Motion for Preliminary Injunction, Declaration Noorie Malik filed by Yelp Inc.. (Related document(s) 16 ) (Kumar, Ambika) (Filed on 10/23/2023) Modified on 10/24/2023 (gba, COURT STAFF). (Entered: 10/23/2023)

NOTICE of Appearance by Eric Grant as Additional Counsel for Defendant (Grant, Eric) (Filed on 10/27/2023) (Entered: 10/27/2023)

Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18740417.) Filing fee previously paid on 10/16/2023 filed by Ken Paxton, in his official capacity as Attorney General of Texas. (Baasch, Ryan) (Filed on 10/27/2023) (Entered: 10/27/2023)

Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18740167.) Filing fee previously paid on 10/16/2023 filed by Ken Paxton, in his official capacity as Attorney General of Texas. (Froman, Scott) (Filed on 10/27/2023) (Entered: 10/27/2023)

ORDER GRANTING 32 Amended MOTION for leave to appear in Pro Hac Vice as to Ryan Baasch. Signed by Judge Trina L. Thompson on 10/30/2023. (rfm, COURT USER) (Filed on 10/30/2023) (Entered: 10/30/2023)

ORDER GRANTING 33 Amended MOTION for leave to appear in Pro Hac Vice as to Scott Froman. Signed by Judge Trina L. Thompson on 10/30/2023. (rfm, COURT USER) (Filed on 10/30/2023) (Entered: 10/30/2023)

OPPOSITION/RESPONSE (re 25 MOTION to Dismiss and Memorandum of Points and Authorities ) filed byYelp Inc.. (Kumar, Ambika) (Filed on 10/30/2023) (Entered: 10/30/2023)

REPLY (re 25 MOTION to Dismiss and Memorandum of Points and Authorities ) filed byKen Paxton. (Attachments: # 1 Declaration of Ryan Hanlan)(Bixby-Lawson, Alyssa) (Filed on 11/6/2023) (Entered: 11/06/2023)

Minute Entry for proceedings held before Judge Trina L Thompson: Motion Hearing held on 11/7/2023. re 16 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support filed by Yelp Inc. The motion having been argued and submitted, the Court takes it under submission.Written order to be issued.Total Time in Court: 1:12. Court Reporter: Stephen Franklin. Plaintiff Attorney: Ambika Kumar, Adam Sieff, Thomas Burke, James Daire. Defendant Attorney: Ryan Baasch. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Date Filed: 11/7/2023) (Entered: 11/07/2023)

TRANSCRIPT ORDER for proceedings held on 11/07/2023 before Judge Trina L Thompson by Yelp Inc., for Court Reporter Stephen Franklin. (Kumar, Ambika) (Filed on 11/7/2023) (Entered: 11/07/2023)

Motion Hearing

Transcript of Proceedings held on 11/7/2023, before Judge Trina L. Thompson. Court Reporter/Transcriber Stephen W. Franklin, telephone number (561)313-8439. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 39 Transcript Order ) Redaction Request due 12/8/2023. Redacted Transcript Deadline set for 12/18/2023. Release of Transcript Restriction set for 2/15/2024. (Related documents(s) 39 ) (Franklin, Stephen) (Filed on 11/17/2023) (Entered: 11/17/2023)

Statement of Recent Decision by Yelp Inc.. (Kumar, Ambika) (Filed on 12/19/2023) (Entered: 12/19/2023)

JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER filed by Yelp Inc.. (Kumar, Ambika) (Filed on 12/21/2023) (Entered: 12/21/2023)

STIPULATION WITH PROPOSED ORDER re 26 Clerk's Notice Continuing Motion Hearing,, Terminate Hearings,, Set Motion and Deadlines/Hearings, To Continue Hearing Date on Defendant's Motion to Dismiss filed by Yelp Inc.. (Attachments: # 1 Declaration of Ambika Kumar ISO Stipulation to Continue Motion to Dismiss Hearing Date)(Kumar, Ambika) (Filed on 1/4/2024) (Entered: 01/04/2024)

1 Declaration of Ambika Kumar ISO Stipulation to Continue Motion to Dismiss Hearin

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ORDER GRANTING 43 STIPULATION TO CONTINUE HEARING DATE ON DEFENDANT'S 25 MOTION TO DISMISS. Signed by Judge Trina L. Thompson on 1/4/2024. Motion Hearing set for 2/20/2024 is re-set for 4/16/2024 at 2:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. (rfm, COURT USER) (Filed on 1/4/2024) (Entered: 01/04/2024)

Minute Entry for proceedings held before Judge Trina L Thompson: Initial Case Management Conference held on 1/4/2024.Parties to notify the Court within 2 weeks of their preferred method of ADR process. Bench Trial set for 8/11/2025 at 8:30 AM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. Final Pretrial Conference set for 7/10/2025 at 3:00 PM in San Francisco, Courtroom 09, 19th Floor. Joint Pretrial Statement with Objections due by 6/26/2025.Dispositive Motion Hearing set for 6/10/2025 at 2:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. Dispositive Motion due by 5/6/2025. Close of Expert Discovery is 4/7/2025. Rebuttal Reports due by 3/17/2025.Opening Reports due by 2/24/2025. Close of Fact Discovery is 2/24/2025. Further Case Management Conference set for 6/27/2024 at 2:00 PM in San Francisco - Videoconference Only. Joint Case Management Statement due by 6/20/2024. Amended Pleadings due by 4/2/2024. Scheduling Order to be issued.Total Time in Court: 10 minutes. Court Reporter: Not reported. Plaintiff Attorney: Ambika Kumar, Sara Fairchild. Defendant Attorney: Scott Froman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Date Filed: 1/4/2024) (Entered: 01/05/2024)

CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Trina L. Thompson on 1/4/2024. (rfm, COURT USER) (Filed on 1/5/2024) (Entered: 01/05/2024)

Case Management Conference - Initial AND ~Util - Set Deadlines/Hearings

STIPULATION and Proposed Order selecting Early Settlement Conference with a Magistrate Judge by Yelp Inc. filed by Yelp Inc.. (Kumar, Ambika) (Filed on 1/17/2024) (Entered: 01/17/2024)

Order GRANTING 47 Stipulation selecting Early Settlement Conference with a Magistrate Judge.Signed by Judge Trina L Thompson on 1/18/2024. (rfm, COURT USER) (Filed on 1/18/2024) (Entered: 01/18/2024)

ORDER OF REFERENCE TO MAGISTRATE JUDGE FOR SETTLEMENT. Signed by Judge Trina L. Thompson on 1/18/2024. (rfm, COURT USER) (Filed on 1/22/2024) (Entered: 01/22/2024)

CLERK'S NOTICE: Scheduling Pre-Settlement Conference Telephone Call: This case has been referred for Settlement Conference to Magistrate Judge Thomas S. Hixson. A Pre-Settlement Conference Telephone Call is scheduled for: 5/15/2024 at 3:00 P.M. Counsel shall be prepared to speak about the status of this case and to talk about a Settlement Conference and schedule a date for Settlement Conference. Counsel shall call the following conference call number: 1-888-684-8852/Access Code: 2925506 If counsel have any questions please contact the Courtroom Deputy, Rose Maher, by email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Filed on 1/23/2024) (Entered: 01/23/2024)

Case Referred to Magistrate Judge for Settlement

CASE REFERRED to Magistrate Judge Thomas S. Hixson for Settlement. (shy, COURT STAFF) (Filed on 1/23/2024)

Set/Reset Hearings

Clerk's Notice Setting Telephone Conference

Set/Reset Hearing re 50 Clerk's Notice Setting Telephone Conference-Pre-Settlement Conference: Telephone Conference re Pre-Settlement Conference set for: 5/15/2024 at 3:00 PM in San Francisco - Telephonic Only before Magistrate Judge Thomas S. Hixson. Call in phone number: 1-888-684-8852/Passcode: 2925506 (rmm2, COURT STAFF) (Filed on 1/23/2024)

ORDER DENYING 16 PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Trina L. Thompson on 1/31/2024. (rfm, COURT USER) (Filed on 2/1/2024) (Entered: 02/01/2024)

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Yelp Inc.. Appeal of Order, Terminated Case 51 (Appeal fee of $605 receipt number ACANDC-19086424 paid.) (Kumar, Ambika) (Filed on 2/1/2024) (Entered: 02/01/2024)

USCA Scheduling Order as to 52 Notice of Appeal to the Ninth Circuit filed by Yelp Inc.. (ark, COURT STAFF) (Filed on 2/2/2024) (Entered: 02/02/2024)

USCA Case Number

USCA Mandate