Xiaoning et al v. Yahoo! Inc, et al

Filing 111

NOTICE by United States of America of its Potential Participation (Haas, Alexander) (Filed on 10/26/2007)

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Xiaoning et al v. Yahoo! Inc, et al Doc. 111 Case 4:07-cv-02151-CW Document 111 Filed 10/26/2007 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JEFFREY S. BUCHOLTZ Acting Assistant Attorney General SCOTT N. SCHOOLS United States Attorney JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Director, Federal Programs Branch ALEXANDER K. HAAS (SBN 220932) Trial Attorney Email: alexander.haas@usdoj.gov U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW Washington, D.C. 20001 Phone: (202) 307-3937--Fax: (202) 616-8470 Attorneys for the United States UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) Plaintiffs ) ) v. ) ) YAHOO!, Inc., et al., ) ) Defendants ) _______________________________________) WANG XIAONING, et al., Case No.: C-07-02151-CW NOTICE BY THE UNITED STATES OF AMERICA OF ITS POTENTIAL PARTICIPATION Judge: Hon. Claudia Wilken Hearing: November 1, 2007; 2pm Plaintiffs, Chinese nationals, have sued Yahoo!, Inc., and Yahoo! Hong Kong, Ltd., (collectively "Defendants") alleging that Defendants provided information to authorities of the People's Republic of China that linked some of the Plaintiffs to anonymous email messages critical of the Chinese government and supportive of democratic reform in China. As a result, Plaintiffs allege that two of the Plaintiffs were identified, arrested, tried, convicted, and sentenced under Chinese law. Plaintiffs seek to hold Defendants civilly liable under various domestic U.S. laws as well as international law. On August 23, 2007, the Court wrote to the Honorable John B. Bellinger III, the Legal Adviser for the Department of State, and requested that the United States provide its views, if any, regarding this case to the Court by October 26, 2007. That letter noted that Defendants would file a motion to dismiss for lack of jurisdiction, which they did on August 27, 2007 C a s e No.: C-07-02151-CW -- N O T I C E BY THE UNITED STATES OF AMERICA OF ITS POTENTIAL P A R T IC IP A T IO N 1 Dockets.Justia.com Case 4:07-cv-02151-CW Document 111 Filed 10/26/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (originally noticed for a hearing on November 1, 2007). As the Court's letter explained, Plaintiffs would have opposed this motion in late September 2007, well before the time in which this Court had requested that the United States submit its views. Thus, the Court contemplated that the United States would provide its views regarding the case upon a consideration of both the Defendants' and the Plaintiffs' positions. In light of apparent disputes over discovery matters, however, Plaintiffs have not opposed the pending motion to dismiss within the time then anticipated and, indeed, the Court's electronic calendar shows that the hearing regarding the Defendants' motion to dismiss has been vacated. The United States appreciates the Court's solicitation of the United States' views regarding this case and is actively considering its participation in this litigation as allowed by 28 U.S.C. 517.1 Consistent with the schedule outlined in the Court's letter, however, the United States believes that it would be of most help to both the Court and the parties to submit its views after Plaintiffs submit their response to the pending motion to dismiss. Accordingly, the United States anticipates that it would file any Statement of Interest within thirty days of Plaintiffs' opposition to the motion to dismiss; a date to be determined in any modified briefing schedule on that motion. DATED: October 26, 2007 Respectfully Submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General SCOTT N. SCHOOLS United States Attorney JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Director, Federal Programs Branch /s/ Alexander K. Haas ALEXANDER K. HAAS (SBN 220932) That statute authorizes the Attorney General of the United States to send any officer of the Department of Justice to "attend to the interests of the United States in a suit pending in a court of the United States, or in the courts of a State, or to attend to any other interest of the United States." C a s e No.: C-07-02151-CW -- N O T I C E BY THE UNITED STATES OF AMERICA OF ITS POTENTIAL P A R T IC IP A T IO N 2 1 Case 4:07-cv-02151-CW Document 111 Filed 10/26/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW Washington, D.C. 20530 Phone: (202) 307-3937--Fax: (202) 616-8470 Email: alexander.haas@usdoj.gov C a s e No.: C-07-02151-CW -- N O T I C E BY THE UNITED STATES OF AMERICA OF ITS POTENTIAL P A R T IC IP A T IO N 3

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