Case: Doe v. Mullin

3:26-cv-03988 | U.S. District Court for the Northern District of California

Filed Date: May 4, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the U.S. Department of Homeland Security’s (DHS) initiatives to unmask an online critic.  On February 4, 2026, DHS issued an administrative summons to Google LLC – without any court involvement – demanding broad categories of information associated with the Gmail account linked to the plaintiff John Doe's social media presence, including account records, location information, and activity logs. On May 4, 2026, Doe filed this lawsuit in the U.S. District Court for the …

This is a case challenging the U.S. Department of Homeland Security’s (DHS) initiatives to unmask an online critic. 

On February 4, 2026, DHS issued an administrative summons to Google LLC – without any court involvement – demanding broad categories of information associated with the Gmail account linked to the plaintiff John Doe's social media presence, including account records, location information, and activity logs. On May 4, 2026, Doe filed this lawsuit in the U.S. District Court for the Northern District of California. Doe sued the Secretary of DHS for violations of 19 U.S.C. § 1509, which authorizes summonses only in connection with customs law violations. Represented by the ACLU, Doe alleged that DHS issued the summons for an improper purpose, as he had given DHS no reason to suspect he had violated any relevant statutes. He further alleged that the scope of the records sought would far exceed what § 1509 permits officials to obtain. Doe sought declaratory relief, injunctive relief barring the Secretary or his agents from enforcing the summons, or any other form of similar compulsory process targeting Doe, along with attorney’s fees. The case was assigned to District Judge Noel Wise.

This case is ongoing.

Summary Authors

Alexis Gil (7/18/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73289446/parties/doe-v-mullin/


Judge(s)

Cousins, Nathanael M. (California)

Attorney for Plaintiff

Follansbee, Laura K. (California)

Snow, Jacob Adam (California)

Documents in the Clearinghouse

Documents in this case
1

3:26-cv-03988

Complaint for Declaratory and Injunctive Relief

May 4, 2026

May 4, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73289446/doe-v-mullin/

Last updated Sept. 7, 2026, 3:16 a.m.

Docket for: Doe v. Mullin
ECF Number Date Description Link
1 May 4, 2026

COMPLAINT against Markwayne Mullin ( Filing fee $ 405, receipt number ACANDC-21939088.). Injunction against the US government/official or APA vacatur requested. Filed by John Doe. (Attachments: # 1 Exhibit A)(Snow, Jacob) (Filed on 5/4/2026) (Entered: 05/04/2026)

1 Exhibit A

View on RECAP

Clearinghouse
2 May 4, 2026

MOTION to Proceed Pseudonymously filed by John Doe. Responses due by 5/18/2026. Replies due by 5/26/2026. (Attachments: # 1 Declaration of John Doe, # 2 Proposed Order)(Snow, Jacob) (Filed on 5/4/2026) (Entered: 05/04/2026)

1 Declaration of John Doe

View on RECAP

2 Proposed Order

View on PACER

RECAP
3 May 4, 2026

Administrative Motion to File Under Seal filed by John Doe. (Attachments: # 1 Declaration of Michael Perloff, # 2 Proposed Order, # 3 Exhibit A (Sealed))(Snow, Jacob) (Filed on 5/4/2026) (Entered: 05/04/2026)

1 Declaration of Michael Perloff

View on PACER

2 Proposed Order

View on PACER

RECAP
4 May 4, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-21941495.) filed by John Doe. (Follansbee, Laura) (Filed on 5/4/2026) (Entered: 05/04/2026)

RECAP
5 May 4, 2026

Proposed Summons. (Snow, Jacob) (Filed on 5/4/2026) (Entered: 05/04/2026)

RECAP
6 May 5, 2026

Case assigned to Magistrate Judge Nathanael M. Cousins. 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 5/19/2026. (pjf, COURT STAFF) (Filed on 5/5/2026) (Entered: 05/05/2026)

RECAP
7 May 5, 2026

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/29/2026. Initial Case Management Conference set for 8/5/2026 10:00 AM in San Jose, - Videoconference Only. (pjf, COURT STAFF) (Filed on 5/5/2026) (Entered: 05/05/2026)

RECAP
May 5, 2026

~Util - Case Assigned by Intake

May 5, 2026

Remark

May 5, 2026

Remark Re: Proposed Summons 5 will not be Issued Until Motion to Proceed Pseudonymously 2 is Ordered on. (pjf, COURT STAFF) (Filed on 5/5/2026)

8 May 7, 2026

ORDER GRANTING 4 Application for Admission of Attorney Laura K. Follansbee Pro Hac Vice representing Plaintiff. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 5/7/2026) (Entered: 05/07/2026)

RECAP
9 May 19, 2026

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John Doe.. (Snow, Jacob) (Filed on 5/19/2026) (Entered: 05/19/2026)

RECAP
10 May 19, 2026

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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. (lmh, COURT STAFF) (Filed on 5/19/2026) (Entered: 05/19/2026)

RECAP
May 19, 2026

Clerk's Notice of Impending Reassignment - Text Only

11 May 20, 2026

ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to District Judge Noel Wise. Magistrate Judge Nathanael M. Cousins no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (jnk, COURT STAFF) (Filed on 5/20/2026) (Entered: 05/20/2026)

RECAP
May 20, 2026

Case Referred to Magistrate Judge for Discovery

May 20, 2026

Case Assigned/Reassigned

May 20, 2026

CASE REFERRED to Magistrate Judge Susan van Keulen for Discovery. (jnk, COURT STAFF) (Filed on 5/20/2026)

12 July 15, 2026

CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE DEADLINES FOLLOWING REASSIGNMENT. The parties are DIRECTED to the attached Initial Case Management Order for All Cases before Judge Wise. Additionally, the parties are expected to be familiar with the Courts standing orders, available on the Courts website or in the Clerks Office. Case Management Statement due by 8/7/2026. Initial Case Management Conference set for 8/25/2026 at 09:00 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel may access the meeting information at https://www.cand.uscourts.gov/judges/wise-noel-nw/Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at nwcrd@cand.uscourts.gov no later than August 21, 2026 at 5:00pm.Civ LR 77-3(d). 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://cand.uscourts.gov/zoom. Case Management Statement due by 8/7/2026. Initial Case Management Conference set for 8/25/2026 at 09:00 AM in San Jose, - Videoconference Only. (akw, COURT STAFF) (Filed on 7/15/2026) (Entered: 07/15/2026)

RECAP
13 July 21, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22240211.) filed by John Doe. (Attachments: # 1 Exhibit Certificate of Good Standing)(Perloff, Michael) (Filed on 7/21/2026) (Entered: 07/21/2026)

RECAP
14 July 21, 2026

ORDER GRANTING 13 Motion for Pro Hac Vice Re Attorney Michael Perloff signed by Judge Noel Wise on 7/21/2026. (akw, COURT STAFF) (Filed on 7/21/2026) (Entered: 07/21/2026)

RECAP
15 July 24, 2026

Order by District Judge Noel Wise provisionally granting 2 Administrative Motion for Leave to proceed under pseudonym. Although the Court is unsure whether it would be appropriate for Plaintiff to proceed under pseudonyms in this case, the motion is provisionally granted. If Defendant disputes that Plaintiff should be permitted to proceed pseudonymously, Defendant may file an objection within 21 days of being served. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nwlc2, COURT STAFF) (Filed on 7/24/2026) (Entered: 07/24/2026)

RECAP
July 24, 2026

Order on Motion for Miscellaneous Relief

16 July 29, 2026

MOTION TO EXTEND THE DEADLINE TO SERVE PROCESS AND RELATED DEADLINES filed by John Doe. Motion Hearing set for 9/9/2026 09:00 AM before District Judge Noel Wise. Responses due by 8/12/2026. Replies due by 8/19/2026. (Attachments: # 1 Declaration of Michael Perloff, # 2 Proposed Order)(Snow, Jacob) (Filed on 7/29/2026) (Entered: 07/29/2026)

1 Declaration of Michael Perloff

View on RECAP

2 Proposed Order

View on RECAP

RECAP
17 Aug. 4, 2026

Summons Issued as to Markwayne Mullin, U.S. Attorney and U.S. Attorney General (pjf, COURT STAFF) (Filed on 8/4/2026) (Entered: 08/04/2026)

RECAP
18 Aug. 6, 2026

Administrative Motion to File Under Seal (Renewed) filed by John Doe. (Attachments: # 1 Declaration of Michael Perloff (Second), # 2 Proposed Order, # 3 Exhibit A (Sealed))(Follansbee, Laura) (Filed on 8/6/2026) (Entered: 08/06/2026)

1 Declaration of Michael Perloff (Second)

View on PACER

2 Proposed Order

View on PACER

RECAP
19 Aug. 7, 2026

Certificate of Interested Entities by John Doe (Follansbee, Laura) (Filed on 8/7/2026) (Entered: 08/07/2026)

RECAP
20 Aug. 7, 2026

CASE MANAGEMENT STATEMENT filed by John Doe. (Snow, Jacob) (Filed on 8/7/2026) (Entered: 08/07/2026)

RECAP
21 Aug. 11, 2026

ORDER by Judge Noel Wise denying 18 Administrative Motion to File Under Seal; denying 3 Administrative Motion to File Under Seal. Plaintiff has already filed the "sealed" version on the docket. Pursuant to Civil Local Rule 79-5(e), as part of the motion to seal, Plaintiff must attach the unsealed version of the document for the Court's review. Should the Court grant the motion to seal, the unsealed version will remain under seal for the Court's review only. Plaintiff may refile the motion to seal with corrected attachments. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nwlc2, COURT STAFF) (Filed on 8/11/2026) (Entered: 08/11/2026)

RECAP
22 Aug. 11, 2026

ORDER GRANTING AS MODIFIED 16 Motion to Extend the Deadline to Serve Process and Related Deadlines signed by Judge Noel Wise on 8/11/2026.(akw, COURT STAFF) (Filed on 8/11/2026) (Entered: 08/11/2026)

RECAP
23 Aug. 11, 2026

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE DEADLINES. August 25, 2026 Case Management Conference reset to November 3, 2026. Case Management Statement due by 10/16/2026. Initial Case Management Conference set for 11/3/2026 at 09:00 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel may access the meeting information at https://www.cand.uscourts.gov/judges/wise-noel-nw/Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at nwcrd@cand.uscourts.gov no later than October 30, 2026 at 5:00pm.Civ LR 77-3(d). 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://cand.uscourts.gov/zoom. Case Management Statement due by 10/16/2026. Initial Case Management Conference set for 11/3/2026 at 09:00 AM in San Jose, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (akw, COURT STAFF) (Filed on 8/11/2026) (Entered: 08/11/2026)

RECAP
Aug. 11, 2026

Order on Administrative Motion to File Under Seal AND Order on Administrative Motion to File Under Seal

Aug. 11, 2026

1 - Terminate Hearings AND Clerk's Notice Setting Zoom Hearing

24 Aug. 13, 2026

Administrative Motion to File Under Seal (Second Renewed) filed by John Doe. (Attachments: # 1 Declaration of Michael Perloff, # 2 Proposed Order, # 3 Exhibit A (Sealing Requested))(Follansbee, Laura) (Filed on 8/13/2026) (Entered: 08/13/2026)

1 Declaration of Michael Perloff

View on RECAP

2 Proposed Order

View on RECAP

RECAP
25 Aug. 14, 2026

Objection

RECAP

Case Details

State / Territory:

California

Case Type(s):

Privacy

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: May 4, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The anonymous plaintiff is a social media user who posts pointed criticism of President Trump and his administration.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Homeland Security (DHS)

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Other Dockets:

Northern District of California 3:26-cv-03988

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

Access to information systems

Recommended Citation