Knight First Amendment Institute at Columbia University et al v. Trump et al
Filing
55
RESPONSE re: #45 Rule 56.1 Statement . Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump. (Baer, Michael)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
KNIGHT FIRST AMENDMENT INSTITUTE
AT COLUMBIA UNIVERSITY, et al.,
Plaintiffs,
No. 17-cv-5205 (NRB)
v.
DEFENDANTS’ RESPONSE TO
PLAINTIFFS’ STATEMENT
OF MATERIAL FACTS PURSUANT
TO LOCAL RULE 56.1
DONALD J. TRUMP, President of the United
States, et al.,
Defendants.
Pursuant to Local Civil Rule 56.1 of the United States District Court for the Southern
District of New York, Defendants Donald J. Trump, Hope Hicks, Sarah Huckabee Sanders, and
Daniel Scavino, sued in their official capacities, hereby submit this Response to the Statement of
Material Facts in Support of Plaintiffs’ Cross-Motion for Summary Judgment Pursuant to Local
Rule 56.1, ECF No. 45. Defendants respond as follows:
1.-60. Defendants’ response: Undisputed for purposes of this litigation, pursuant to the
parties’ jointly filed Stipulation (“Stip.”), ECF No. 30-1.
61.
A true and correct copy of all of the tweets posted to the @realDonaldTrump
account between January 20, 2017 and September 24, 2017, with the possible exception of tweets
that were subsequently deleted from the @realDonaldTrump account, is contained in Exhibit A to
the parties’ Stipulation and filed with the Court on October 13, 2017. Stip. ¶ 33.
Defendants’ response: Undisputed to the extent that this exhibit “was collected by
Plaintiffs and represents all such tweets and replies that Plaintiffs are aware of” and “Defendants
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have no reason to doubt the accuracy of the tweets [and] replies . . . collected by Plaintiffs for the
purposes of this exhibit.” Notice of Filing at 1, 3, ECF No. 33.
62.
A true and correct copy of all available header images and profile photos used on
the @realDonaldTrump Twitter web page between January 20, 2017 and September 24, 2017 is
contained in Exhibit B to the parties’ Stipulation and filed with the Court on October 13, 2017.
Stip. ¶ 34.
Defendants’ response: Undisputed to the extent that this exhibit “was collected by
Plaintiffs and represents all such images that Plaintiffs are aware of” and “Defendants have no
reason to doubt the accuracy of the . . . header and profile images collected by Plaintiffs for the
purposes of this exhibit.” Notice of Filing at 1, 3, ECF No. 33.
63.
True and correct copies of selected tweets and replies posted to the Individual
Plaintiffs’ Twitter accounts, for selected periods of time between May 2017 and September 2017,
are contained in Exhibits C-I to the parties’ Stipulation and filed with the Court on October 13,
2017. Stip. ¶ 63.
Defendants’ response: Undisputed to the extent that this exhibit “was collected by
Plaintiffs and represents all such tweets and replies that Plaintiffs are aware of” and “Defendants
have no reason to doubt the accuracy of the tweets [and] replies . . . collected by Plaintiffs for the
purposes of this exhibit.” Notice of Filing at 1, 3, ECF No. 33.
Dated: November 17, 2017
Washington, D.C.
Respectfully submitted,
CHAD A. READLER
Principal Deputy Assistant Attorney General
BRETT A. SHUMATE
Deputy Assistant Attorney General
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ERIC R. WOMACK
Assistant Branch Director
/s/ Michael H. Baer
MICHAEL H. BAER
DANIEL HALAINEN
Trial Attorneys
U.S. Department of Justice,
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, DC 20530
Telephone:
(202) 305-8573
Facsimile:
(202) 616-8460
E-mail: Michael.H.Baer@usdoj.gov
Counsel for Defendants
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