TIKTOK INC. et al v. TRUMP et al
Filing
15
MOTION for Preliminary Injunction MOTION to Expedite by BYTEDANCE LTD., TIKTOK INC. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Text of Proposed Order)(Hall, John). Added MOTION to Expedite on 9/24/2020 (zeg).
Case 1:20-cv-02658-CJN Document 15 Filed 09/23/20 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
TIKTOK INC., et al.,
Plaintiffs,
v.
Case No. 20-cv-02658 (CJN)
DONALD J. TRUMP, in his official capacity
as President of the United States, et al.,
Oral Argument Requested
Defendants.
PLAINTIFFS’ APPLICATION FOR A PRELIMINARY INJUNCTION AND REQUEST
FOR EXPEDITED BRIEFING AND A HEARING
Plaintiffs TikTok, Inc. and ByteDance Ltd. (collectively “Plaintiffs”), by and through
their undersigned counsel, hereby move this Court, pursuant to Rule 65 of the Federal Rules of
Civil Procedure and Local Rule 65.1, for a preliminary injunction against Defendants Donald J.
Trump, in his official capacity as President of the United States; Wilbur L. Ross, Jr., in his
official capacity as Secretary of Commerce; and the U.S. Department of Commerce.
For the reasons set forth in the accompanying Memorandum in Support and the
declarations and exhibits attached hereto, Plaintiffs are entitled to preliminary injunctive relief
enjoining the implementation or enforcement of the executive order issued on August 6, 2020, 85
Fed. Reg. 48,637 (“August 6 order”), as well as the list of prohibited transactions, which the
Department of Commerce issued on September 18, 2020, subsequently withdrew, and re-issued
on September 22, 2020, and which will be published in the Federal Register on September 24,
2020, U.S. Dep’t of Commerce, Identification of Prohibited Transactions to Implement
Executive Order 13942 and Address the Threat Posed by TikTok and the National Emergency
with Respect to the Information and Communications Technology and Services Supply Chain
Case 1:20-cv-02658-CJN Document 15 Filed 09/23/20 Page 2 of 5
(Sept. 22, 2020), https://www.federalregister.gov/documents/2020/09/24/202021193/identification-of-prohibited-transactions-to-implement-executive-order-13942-andaddress-the-threat (“Prohibitions”). The August 6 order and the Prohibitions violate the
International Emergency Economics Powers Act, 50 U.S.C. §§ 1701–1706, the Administrative
Procedure Act, 5 U.S.C. § 551 et seq., the First and Fifth Amendments to the U.S. Constitution,
and constitute ultra vires executive action. In the absence of preliminary injunctive relief, the
August 6 order and the Prohibitions will cause Plaintiffs irreparable harm, and the equities and
public interest weigh in Plaintiffs’ favor. Accordingly, Plaintiffs are entitled to relief. A
proposed Order also accompanies the motion.
Pursuant to Local Rule 65.1(d), the Plaintiffs respectfully request expedited briefing and
a hearing on this motion. The Prohibitions issued on September 22, 2020 are scheduled to take
effect at 11:59 pm on September 27, 2020. As explained in the accompanying Memorandum in
Support, as a consequence of the Prohibitions, TikTok will no longer be available on the U.S.
app stores as of 11:59 pm on September 27, 2020, which will inflict direct, immediate, and
irreparable harm on Plaintiffs during the pendency of this case.
For these reasons, Plaintiffs request an expedited briefing schedule and hearing in this
matter. Plaintiffs respectfully request that the Court enter the following schedule:
Defendants to file a response, if any, to Plaintiffs’ Motion for Preliminary Injunction no
later than 2:30 pm on September 25, 2020;
Plaintiffs to file a reply, if any, no later than 2:30 pm on September 26, 2020;
The Court to hold a hearing via teleconference or video conference as soon thereafter as
possible and provide a ruling before 11:59 pm on September 27, 2020.
Case 1:20-cv-02658-CJN Document 15 Filed 09/23/20 Page 3 of 5
Pursuant to Local Rule 7(m), counsel for Plaintiffs consulted with counsel for Defendants
on September 23, 2020 at approximately 1:30 pm and sought Defendants’ consent for expedited
treatment of the motion in advance of filing the request. Plaintiffs have not yet received
Defendants’ response.
DATED: September 23, 2020
Respectfully submitted,
/s/ John E. Hall
Anders Linderot (Pro Hac Vice)
COVINGTON & BURLING LLP
The New York Times Building
620 Eighth Avenue
New York, New York 10018-1405
Telephone: +1 (212) 841-1000
Facsimile: + 1 (212) 841-1010
Email: alinderot@cov.com
Mitchell A. Kamin (Pro Hac Vice)
COVINGTON & BURLING LLP
1999 Avenue of the Stars, Suite 3500
Los Angeles, California 90067-4643
Telephone: + 1 (424) 332-4800
Facsimile: + 1 (424) 332-4749
Email: mkamin@cov.com
.
John E. Hall (D.C. Bar. No. 415364)
Beth S. Brinkmann (D.C. Bar. No. 477771)
Alexander A. Berengaut (D.C. Bar. No. 989222)
Megan A. Crowley (D.C. Bar. No. 1049027)
Megan C. Keenan (D.C. Bar. No. 1672508)
COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street, NW
Washington, DC 20001
Telephone: +1 (202) 662-6000
Facsimile: + 1 (202) 778-6000
Email: jhall@cov.com
bbrinkmann@cov.com
aberengaut@cov.com
mcrowley@cov.com
mkeenan@cov.com
Attorneys for Plaintiffs
Case 1:20-cv-02658-CJN Document 15 Filed 09/23/20 Page 4 of 5
CERTIFICATE OF SERVICE
I, John E. Hall, hereby certify that on the 23rd day of September, 2020, a true and correct
copy of the foregoing was filed on the Court’s CM/ECF filing system, and was served via FedEx
Priority Overnight delivery to the following:
Donald J. Trump
President of the United States
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500
Wilber L. Ross, Jr.
Secretary of Commerce
1400 Constitution Avenue, N.W.
Washington, D.C. 20230
U.S. Department of Commerce
1400 Constitution Avenue, N.W.
Washington, D.C. 20230
And via email to the following:
STUART J. ROBINSON
SERENA M. ORLOFF
MICHAEL DREZNER
SARA WINSLOW
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
Ben Franklin Station, P.O. Box No. 883
Washington, DC 20044
Phone: (415) 436-6635
Fax: (415) 436-6632
E-mail: stuart.j.robinson@usdoj.gov
serena.m.shulz-orloff@usdoj.gov
michael.l.drezner@usdoj.gov
sara.winslow@usdoj.gov
[Attorney signature on following page]
Case 1:20-cv-02658-CJN Document 15 Filed 09/23/20 Page 5 of 5
/s/ John E. Hall
John E. Hall (D.C. Bar No. 415364)
COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street, NW
Washington, DC 20001
Tel: (202) 662-6000
Fax: (202) 778-6000
Email: jhall@cov.com
Attorney for Plaintiffs
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