Twitter, Inc. v. U.S. Department of Homeland Security et al

Filing 1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-11294340.). Filed byTwitter, Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Flanagan, Mark) (Filed on 4/6/2017)

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JS-CAND 44 (Rev. 07/16) CIVIL COVER SHEET The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS U.S. DEPARTMENT OF HOMELAND SECURITY; U.S. CUSTOMS AND BORDER PROTECTION; JOHN F. KELLY, in his official capacity as Secretary of Homeland Security; KEVIN K. MCALEENAN, in his official capacity as Acting Commissioner, U.S. Customs and Border Protection; STEPHEN P. CARUSO, in his official capacity as Special Agent In Charge, U.S. Customs and Border Protection; and ADAM HOFFMAN, in his official capacity as Special Agent, U.S. Customs and Border Protection TWITTER, INC. (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant San Francisco, CA (EXCEPT IN U.S. PLAINTIFF CASES) (c) Washington, D.C. (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) Attorneys (Firm Name, Address, and Telephone Number) (see attachment) II. BASIS OF JURISDICTION (Place an “X” in One Box Only) 1 U.S. Government Plaintiff (For Diversity Cases Only) PTF 3 Federal Question (U.S. Government Not a Party) U.S. Government Defendant III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff 4 Diversity (Indicate Citizenship of Parties in Item III) and One Box for Defendant) PTF DEF DEF IV. NATURE OF SUIT CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment Of Veteran’s Benefits 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property 1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court 4 4 2 2 Incorporated and Principal Place of Business In Another State 5 5 3 3 Foreign Nation 6 6 FORFEITURE/PENALTY PERSONAL INJURY PERSONAL INJURY 310 Airplane 365 Personal Injury – 315 Airplane Product Product Liability Liability 367 Health Care/ 320 Assault, Libel & Pharmaceutical Slander Personal Injury 330 Federal Employers’ Product Liability Liability 368 Asbestos Personal 340 Marine Injury Product 345 Marine Product Liability Liability PERSONAL PROPERTY 350 Motor Vehicle 370 Other Fraud 355 Motor Vehicle 371 Truth in Lending Product Liability 380 Other Personal Property Damage 360 Other Personal Injury 385 Property Damage 362 Personal Injury Product Liability Medical Malpractice CIVIL RIGHTS PRISONER PETITIONS Habeas Corpus: 440 Other Civil Rights 441 Voting 463 Alien Detainee 442 Employment 510 Motions to Vacate Sentence 443 Housing/ Accommodations 530 General 535 Death Penalty 445 Amer. w/Disabilities– Employment Other: 540 Mandamus & Other 446 Amer. w/Disabilities– Other 550 Civil Rights 448 Education 555 Prison Condition 560 Civil Detainee– Conditions of Confinement V. ORIGIN (Place an “X” in One Box Only) 1 Incorporated or Principal Place of Business In This State Citizen of Another State (Place an “X” in One Box Only) TORTS 1 Citizen or Subject of a Foreign Country 2 Citizen of This State BANKRUPTCY 625 Drug Related Seizure of Property 21 USC § 881 690 Other 422 Appeal 28 USC § 158 423 Withdrawal 28 USC § 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS–Third Party 26 USC § 7609 IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions 4 Reinstated or Reopened 5 Transferred from Another District 6 Multidistrict Litigation–Transfer (specify) OTHER STATUTES 375 False Claims Act 376 Qui Tam (31 USC § 3729(a)) 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes 8 Multidistrict Litigation–Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): VI. CAUSE OF ACTION 28 U.S.C. §§ 2201-2202; 5 U.S.C. § 706 Brief description of cause: Summons exceeds scope of authority under 19 U.S.C. § 1509 and violates the First Amendment DEMAND $ VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, Fed. R. Civ. P. COMPLAINT: VIII. RELATED CASE(S), IF ANY (See instructions): JUDGE IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2) (Place an “X” in One Box Only) SAN FRANCISCO/OAKLAND DATE: 04/06/2017 Print CHECK YES only if demanded in complaint: JURY DEMAND: Yes DOCKET NUMBER SAN JOSE EUREKA-MCKINLEYVILLE SIGNATURE OF ATTORNEY OF RECORD: /s/ Mark D. Flanagan Save As... No Reset CIVIL COVER SHEET Attachment Part I (c) Attorneys for Plaintiffs (Firm Name, Address, and Telephone Number) Mark D. Flanagan (CA SBN 130303) WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6047 Seth P. Waxman (pro hac vice pending) WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue, NW Washington, D.C. 20006 Telephone: (202) 663-6800 Patrick J. Carome (pro hac vice pending) WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue, NW Washington, D.C. 20006 Telephone: (202) 663-6610 Ari Holtzblatt (pro hac vice pending) WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue, NW Washington, D.C. 20006 Telephone: (202) 663-6964

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