VDARE Foundation, Inc. v. Facebook, Inc. :: New York Southern District Court :: Federal Civil Lawsuit No. 1:21-cv-03933-ALC, Judge Andrew L. Carter, Jr presiding

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37	Filed: 8/15/2022, Entered: None	Order on Motion to Change Venue



36	Filed: 8/2/2022, Entered: None	Order



35	Filed: 2/18/2022, Entered: None	Letter
	Attachment 1


34	Filed: 2/10/2022, Entered: None	Reply Memorandum of Law in Support of Motion



33	Filed: 1/27/2022, Entered: None	Memorandum of Law in Opposition to Motion



32	Filed: 12/22/2021, Entered: 12/22/2021	Order
	AMENDED ORDER re: [31] Memo Endorsement. Due to a clerical error, the Order at ECF No. 31 adjourned Plaintiff's opposition to January 13, 2022, instead of the requested date of January 27, 2022. The Court hereby amends the Order at ECF No. 31 and extends the opposition deadline to January 27, 2022. Defendant's reply remains due by February 10, 2022. SO ORDERED. ( Responses due by 1/27/2022, Replies due by 2/10/2022.) (Signed by Judge Andrew L. Carter, Jr on 12/22/2021) (tg)


31	Filed: 12/22/2021, Entered: 12/22/2021	Memo Endorsement
	MEMO ENDORSEMENT on re: [30] Letter filed by VDARE Foundation, Inc. ENDORSEMENT: Application GRANTED. Opposition due 1/13/2022. Reply due 2/10/22. ( Responses due by 1/13/2022, Replies due by 2/10/2022.) (Signed by Judge Andrew L. Carter, Jr on 12/22/2021) (ate)
	Request

30	Filed: 12/21/2021, Entered: 12/21/2021	Letter
	LETTER addressed to Judge Andrew L. Carter, Jr. from Frederick C. Kelly, Esq. dated December 21, 2021 re: Adjournment of Opposition on Motion to Transfer. Document filed by VDARE Foundation, Inc...(Kelly, Frederick)
	Request

29	Filed: 12/16/2021, Entered: 12/16/2021	Declaration in Support of Motion
	DECLARATION of Kathleen Farley in Support re: [26] MOTION to Change Venue .. Document filed by Facebook, Inc.. (Attachments: # (1) Exhibit 1).(Farley, Kathleen)


28	Filed: 12/16/2021, Entered: 12/16/2021	Declaration in Support of Motion
	DECLARATION of Jennifer Allen in Support re: [26] MOTION to Change Venue .. Document filed by Facebook, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G).(Rosenfeld, James)


27	Filed: 12/16/2021, Entered: 12/16/2021	Memorandum of Law in Support of Motion
	MEMORANDUM OF LAW in Support re: [26] MOTION to Change Venue . . Document filed by Facebook, Inc...(Rosenfeld, James)


26	Filed: 12/16/2021, Entered: 12/16/2021	motion to change venue
	MOTION to Change Venue . Document filed by Facebook, Inc...(Rosenfeld, James)


25	Filed: 12/16/2021, Entered: 12/16/2021	Notice of Appearance
	NOTICE OF APPEARANCE by Kathleen Farley on behalf of Facebook, Inc...(Farley, Kathleen)
	Request

24	Filed: 12/2/2021, Entered: 12/2/2021	Rule 7.1 Corporate Disclosure Statement
	AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Meta Platforms, Inc. for Facebook, Inc.. Document filed by Facebook, Inc...(Rosenfeld, James)
	Request

23	Filed: 12/2/2021, Entered: 12/2/2021	Notice - Other
	NOTICE of Corporate Name Change. Document filed by Facebook, Inc...(Rosenfeld, James)
	Request

22	Filed: 11/18/2021, Entered: 11/18/2021	Order on Motion for conference
	ORDER terminating [15] Letter Motion for Conference re: [15] LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 9/29/2021. The Court is in receipt of Defendant Facebook Inc.'s letter motion for a pre-motion conference regarding an anticipated motion to transfer and Plaintiff VDARE Foundation Inc.'s opposition. ECF Nos. 15 and 21. The Court DENIES Defendant's request for a pre-motion conference and GRANTS Defendant leave to file a motion to transfer venue. The Court sets the following briefing schedule: Defendant's Opening Brief: December 16, 2021. Plaintiff's Opposition Brief: January 6, 2022. Defendant's Reply Brief: January 13, 2022. Defendant's deadline to move or answer is stayed pending a decision on the motion to transfer. The Clerk of Court is respectfully directed to terminate ECF No. 15. (Signed by Judge Andrew L. Carter, Jr on 11/18/2021) (ate)
	Request

	Filed: None, Entered: None	***Set/Reset Deadlines
	Set/Reset Deadlines: Motions due by 12/16/2021. Responses due by 1/6/2022. Replies due by 1/13/2022. (ate)


21	Filed: 11/17/2021, Entered: 11/17/2021	Letter
	LETTER addressed to Judge Andrew L. Carter, Jr. from Frederick C. Kelly, Esq. dated November 17, 2021 re: Defendant's Request for Pre-motion Conference. Document filed by VDARE Foundation, Inc...(Kelly, Frederick)
	Request

	Filed: None, Entered: None	Notice to Attorney Regarding Deficient Proposed Clerk's Certificate of Default
	***NOTICE TO ATTORNEY REGARDING PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Frederick Kelly regarding Document No. [17] Proposed Clerk's Certificate of Default. The filing is rejected for the following reason(s): Defendant was granted an extension of time to answer. (km)


20	Filed: 11/12/2021, Entered: 11/12/2021	Order on Motion for extension of time to answer
	ORDER granting [9] Letter Motion for Extension of Time to Answer re [9] FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021., [19] LETTER MOTION for Extension of Time to File addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 11/8/2021. ; terminating [19] Letter Motion for Extension of Time to File. The Court is in receipt of Defendant Facebook Inc.'s submission regarding an extension of time to file its answer or respond to Plaintiff VDARE Foundation, Inc.'s complaint, and Plaintiff's opposition to this request. See ECF Nos. 9,10,12,13,14. Defendant's request is hereby GRANTED. Defendant's response is due by Friday, December 3, 2021. In light of Defendant's applications for an extension and the instant Order, Plaintiff's request to the Clerk of Court for a Certificate of Default is improper. ECF No. 17. The Court is also in receipt of Defendant's letter motion for a pre-motion conference regarding an anticipated motion to transfer. ECF No. 15. As of date, the Court has not received Plaintiff's response. Plaintiff is ordered to respond to Defendant's request no later than Wednesday, November 17, 2021. Defendant's deadline to move or answer is stayed pending a decision on the request for a pre-motion conference. The Clerk of Court is respectfully directed to terminate ECF Nos. 9 and 19. (Signed by Judge Andrew L. Carter, Jr on 11/12/2021) (ate)


	Filed: None, Entered: None	***Set/Reset Deadlines
	Set/Reset Deadlines: Responses due by 11/17/2021. (ate)


19	Filed: 11/8/2021, Entered: 11/8/2021, Terminated: 11/12/2021	Motion for Extension of Time
	LETTER MOTION for Extension of Time to File addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 11/8/2021. Document filed by Facebook, Inc...(Rosenfeld, James)
	Request

18	Filed: 11/5/2021, Entered: 11/5/2021	Affidavit
	AFFIDAVIT of Frederick C. Kelly re: [17] Proposed Clerk's Certificate of Default . Document filed by VDARE Foundation, Inc...(Kelly, Frederick)


17	Filed: 11/5/2021, Entered: 11/5/2021	Proposed Clerk's Certificate of Default
	FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by VDARE Foundation, Inc...(Kelly, Frederick) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/17/2021 (km).
	Request

16	Filed: 11/5/2021, Entered: 11/5/2021	Proposed Clerk's Certificate of Default
	FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by VDARE Foundation, Inc.. (Attachments: # (1) Affidavit Certification in Support of Request for Certificate of Default).(Kelly, Frederick) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/5/2021 (km).
	Request

	Filed: None, Entered: None	Notice to Attorney Regarding Deficient Proposed Clerk's Certificate of Default
	***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Frederick Kelly. RE-FILE Document No. [16] Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The documents are not filed correctly, they need to be filed separately. Please refer to ECF Rule 16.1. (km)


15	Filed: 9/29/2021, Entered: 9/29/2021, Terminated: 11/18/2021	Motion for Conference
	LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 9/29/2021. Document filed by Facebook, Inc...(Rosenfeld, James)
	Request

14	Filed: 9/29/2021, Entered: 9/29/2021	Response to motion
	LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Frederick C. Kelly, Esq. on behalf of Plaintiff VDARE dated September 29, 2021 re: [9] FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021. . Document filed by VDARE Foundation, Inc.. (Attachments: # (1) Exhibit Proposed Draft Letter of Agreement dated July 16, 2021, with Plaintiff's redlines, # (2) Exhibit Email Thread of Defense Counsel dated July 16, 2021).(Kelly, Frederick) Attachment 1 Exhibit Proposed Draft Letter of Agreement dated July 16, 2021, with Plaintiff's redlines Attachment 2 Exhibit Email Thread of Defense Counsel dated July 16, 2021


13	Filed: 9/27/2021, Entered: 9/27/2021	Response in Support of Motion
	LETTER RESPONSE in Support of Motion addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 9/27/2021 re: [9] FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021. Corrected. Document filed by Facebook, Inc.. (Attachments: # (1) Exhibit 1).(Rosenfeld, James)
	Request

12	Filed: 9/27/2021, Entered: 9/27/2021	Response in Support of Motion
	LETTER RESPONSE in Support of Motion addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated 9/27/2021 re: [9] FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021. . Document filed by Facebook, Inc...(Rosenfeld, James)


11	Filed: 9/24/2021, Entered: 9/24/2021	Order
	ORDER TO RESPOND: Facebook is hereby ORDERED to respond to Plaintiff VDARE Foundation, Inc.'s ("VDARE") letter in opposition, ECF No. 10, no later than September 27, 2021. VDARE may file a response (if any) no later than September 29, 2021. ( Responses due by 9/29/2021) (Signed by Judge Andrew L. Carter, Jr on 9/24/2021) (ate)


10	Filed: 9/24/2021, Entered: 9/24/2021	response in opposition to motion
	LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Frederick C. Kelly dated September 24, 2021 re: [9] FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021. . Document filed by VDARE Foundation, Inc.. (Attachments: # (1) Exhibit, # (2) Text of Proposed Order).(Kelly, Frederick) Attachment 1 Exhibit Attachment 2 Text of Proposed Order


9	Filed: 9/23/2021, Entered: 9/23/2021, Terminated: 11/12/2021	Motion for Extension of Time to File Answer
	FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint, addressed to Judge Andrew L. Carter, Jr. from James Rosenfeld dated September 23, 2021. Document filed by Facebook, Inc.. (Attachments: # (1) Text of Proposed Order).(Rosenfeld, James)
	Request

8	Filed: 9/23/2021, Entered: 9/23/2021	Affidavit of Service Complaints
	AFFIDAVIT OF SERVICE. Facebook, Inc. served on 7/19/2021, answer due 8/9/2021. Service was accepted by New York Secretary of State (. Document filed by VDARE Foundation, Inc...(Kelly, Frederick)
	Request

7	Filed: 6/3/2021, Entered: 6/3/2021	Summons issued
	ELECTRONIC SUMMONS ISSUED as to Facebook, Inc...(jgo)
	Request

6	Filed: 6/2/2021, Entered: 6/2/2021	Request for Issuance of Summons
	REQUEST FOR ISSUANCE OF SUMMONS as to Facebook, Inc., re: [5] Complaint. Document filed by VDARE Foundation, Inc...(Kelly, Frederick)
	Request

5	Filed: 6/2/2021, Entered: 6/2/2021	Complaint
	COMPLAINT against Facebook, Inc.. Document filed by VDARE Foundation, Inc.. (Attachments: # (1) Exhibit Facebook April 2020 Report).(Kelly, Frederick) Attachment 1 Exhibit Facebook April 2020 Report


	Filed: None, Entered: None	Notice to Attorney Regarding Deficient Request for Issuance of Summons
	***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Frederick Charles Kelly to RE-FILE Document No. [4] Request for Issuance of Summons,. The filing is deficient for the following reason(s): summons request must be linked to the properly filed pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)


	Filed: None, Entered: None	Notice to Attorney Regarding Deficient Request for Issuance of Summons
	***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Frederick Charles Kelly to RE-FILE Document No. [4] Request for Issuance of Summons,. The filing is deficient for the following reason(s): summons request must be linked to the properly filed pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)


4	Filed: 5/5/2021, Entered: 5/5/2021	Request for Issuance of Summons
	FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Facebook, Inc., re: [1] Complaint,. Document filed by VDARE Foundation, Inc...(Kelly, Frederick) Modified on 6/2/2021 (jgo).
	Request

3	Filed: 5/4/2021, Entered: 5/4/2021	Rule 7.1 Corporate Disclosure Statement
	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by VDARE Foundation, Inc...(Kelly, Frederick)
	Request

2	Filed: 5/4/2021, Entered: 5/4/2021	Civil Cover Sheet
	CIVIL COVER SHEET filed..(Kelly, Frederick)
	Request

	Filed: None, Entered: None	Add Party for Pleading
	ADD PARTY FOR PLEADING. Defendants/Respondents Facebook, Inc. added. Party added pursuant to [1] Complaint,.Document filed by VDARE Foundation, Inc.. Related document: [1] Complaint,..(Kelly, Frederick)


	Filed: None, Entered: None	Case Designated ECF.
	Case Designated ECF. (gp)


	Filed: None, Entered: None	Case Designation
	Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)


	Filed: None, Entered: None	Case Opening Initial Assignment Notice
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)


	Filed: None, Entered: None	Notice to Attorney to Submit/File Civil Cover Sheet
	***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Frederick Kelly. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)


	Filed: None, Entered: None	Notice to Attorney Regarding Deficient Pleading
	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Frederick Charles Kelly to RE-FILE re: Document No. [1] Complaint. The filing is deficient for the following reason(s): All of the parties listed on the pleading were not entered on CM ECF AND the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading (add Facebook, Inc.) found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (gp)


1	Filed: 5/3/2021, Entered: 5/3/2021	Complaint
	FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against VDARE Foundation, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24487299)Document filed by VDARE Foundation, Inc.. (Attachments: # (1) Exhibit April 2020 Report).(Kelly, Frederick) Modified on 5/4/2021 (gp).