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)

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

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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
[e-mail]
Telephone: [phone]
Seth P. Waxman (pro hac vice pending)
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue, NW
Washington, D.C. 20006
[e-mail]
Telephone: [phone]
Patrick J. Carome (pro hac vice pending)
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue, NW
Washington, D.C. 20006
[e-mail]
Telephone: [phone]
Ari Holtzblatt (pro hac vice pending)
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue, NW
Washington, D.C. 20006
[e-mail]
Telephone: [phone]