Doe v. Twitter, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Case No. 21-cv-00485-JCS

ORDER RE: 1) MOTION FOR

JOHN DOE, et al., LEAVE TO FILE MOTION FOR

RECONSIDERATION OR, IN THE

Plaintiffs, ALTERNATIVE, MOTION FOR AN

ORDER PERMITTING v. INTERLOCUTORY APPEAL

PURSUANT TO 28 U.S.C. § 1292(B); 2) TWITTER, INC., MOTION FOR STAY; AND 3)

ADMINISTRATIVE MOTION TO

Defendant. ENLARGE TIME TO RESPOND TO

DISCOVERY REQUESTS

Re: Dkt. Nos. 80, 81, 82

Twitter has requested leave to file a motion for reconsideration of the Court’s August 19, 2021 order denying in part Twitter’s motion to dismiss (Dkt. 69) (“Order”) or, in the alternative, an order certifying the Order for interlocutory appeal pursuant to 28 U.S.C. § 1292(b). The Court GRANTS the request for certification of an interlocutory appeal. A district court may certify an order for interlocutory appeal under § 1292(b) if it: (1) involves “a controlling question of law”; (2) on which there is “substantial ground[s] for difference of opinion”; and (3) “an immediate appeal from the order may materially advance the ultimate termination of the litigation . . . .” 28 25 U.S.C. § 1292(b); see In re Cement Antitrust Litig., 673 F.2d 1020, 1026 (9th Cir. 1981). The Court finds that all three requirements are met here. Therefore, the Court certifies the Order for interlocutory appeal. The Court GRANTS Twitter’s Motion for Stay and therefore STAYS ALL Circuit. The Court DENIES the Administrative Motion to Enlarge Time on the basis that it is || moot. The motion hearing set for November 19, 2021 is VACATED.

3 The parties shall notify the Court within fourteen days of the final resolution of Twitter’s appeal.

5 IT IS SO ORDERED.

7 Dated: October 26, 2021

J PH C. SPERO

9 ief Magistrate Judge

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