Doe v. Twitter, Inc.

Filing 85

ORDER by Judge Joseph C Spero granting 80 Motion for Leave to File Interlocutory Appeal; granting 81 Motion to Stay; denying 82 Administrative Motion to enlarge time as moot. (jcslc1, COURT STAFF) (Filed on 10/26/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 21-cv-00485-JCS

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ORDER RE: 1) MOTION FOR
LEAVE TO FILE MOTION FOR
RECONSIDERATION OR, IN THE
ALTERNATIVE, MOTION FOR AN
ORDER PERMITTING
INTERLOCUTORY APPEAL
PURSUANT TO 28 U.S.C. § 1292(B); 2)
MOTION FOR STAY; AND 3)
ADMINISTRATIVE MOTION TO
ENLARGE TIME TO RESPOND TO
DISCOVERY REQUESTS

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Re: Dkt. Nos. 80, 81, 82

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JOHN DOE, et al.,

United States District Court
Northern District of California

Plaintiffs,
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v.
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TWITTER, INC.,
Defendant.

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Twitter has requested leave to file a motion for reconsideration of the Court’s August 19,

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2021 order denying in part Twitter’s motion to dismiss (Dkt. 69) (“Order”) or, in the alternative,

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an order certifying the Order for interlocutory appeal pursuant to 28 U.S.C. § 1292(b). The Court

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GRANTS the request for certification of an interlocutory appeal. A district court may certify an

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order for interlocutory appeal under § 1292(b) if it: (1) involves “a controlling question of law”;

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(2) on which there is “substantial ground[s] for difference of opinion”; and (3) “an immediate

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appeal from the order may materially advance the ultimate termination of the litigation . . . .” 28

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U.S.C. § 1292(b); see In re Cement Antitrust Litig., 673 F.2d 1020, 1026 (9th Cir. 1981). The

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Court finds that all three requirements are met here. Therefore, the Court certifies the Order for

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interlocutory appeal. The Court GRANTS Twitter’s Motion for Stay and therefore STAYS ALL

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PROCEEDINGS in this case pending resolution of any appeal that may be taken up by the Ninth

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Circuit. The Court DENIES the Administrative Motion to Enlarge Time on the basis that it is

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moot. The motion hearing set for November 19, 2021 is VACATED.
The parties shall notify the Court within fourteen days of the final resolution of Twitter’s

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appeal.
IT IS SO ORDERED.

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Dated: October 26, 2021
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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