Ohio Southern District Court
Judge:Algenon L Marbley
Referred: Elizabeth Preston Deavers
Case #: 2:24-cv-00047
Nature of Suit950 Other Statutes - Constitutionality of State Statutes
Cause28:2201 Constitutionality of State Statute(s)
Case Filed:Jan 05, 2024
Last checked: Monday Feb 19, 2024 7:53 AM EST
Defendant
Dave Yost
in his official capacity as Ohio Attorney General Attorney General of Ohio 30 East Broad St., 17th Floor
Columbus, OH 43215
Represented By
Phillip Thomas Kelly
Ohio Attorney General'S Office
contact info
Julie M Pfeiffer
Ohio Attorney General'S Office
contact info
Elizabeth Hanning Smith
Ohio Attorney General
contact info
Stephen P. Tabatowski
Ohio Attorney General
contact info
Plaintiff
NetChoice, LLC
Represented By
Matthew Huntley Rice
Sperling & Slater P.C.
contact info
Michael C. Cotton
Lehotsky Keller Cohn LLP
contact info
Steven P. Lehotsky
Lehotsky Keller Cohn, LLP
contact info
Jeremy Evan Maltz
Lehotsky Keller Cohn LLP
contact info
Scott Allen Keller
Lehotsky Keller Cohn LLP
contact info
Joshua P. Morrow
Lehotsky Keller Cohn LLP
contact info
Jared Bryans Magnuson
Lehotsky Keller Cohn LLP
contact info
Alexis Swartz
Lehotsky Keller Cohn LLP
contact info

GPO Feb 12 2024
ORDER granting 2 Motion for Preliminary Injunction against Defendant, Attorney General Yost. Defendant remains ENJOINED from implementing and enforcing the Act against Plaintiff or its member organizations. The bond posted by NetChoice following entry of the Temporary Restraining Order remains in place. Signed by Chief Judge Algenon L. Marbley on 2/12/2024. (cw)

Docket last updated: 9 hours ago
Friday, May 03, 2024
43 43 motion Summary Judgment Fri 05/03 5:01 PM
MOTION for Summary Judgment by Plaintiff NetChoice, LLC. (Rice, Matthew)
Related: [-]
Att: 1 Declaration of Jeremy Evan Maltz in Support of Plaintiff's Motion for Summary Judgment,
Att: 2 Exhibits 1-16 to Declaration of Jeremy Evan Maltz,
Att: 3 Exhibits 17-30 to Declaration of Jeremy Evan Maltz,
Att: 4 Certificate of Service
42 42 motion Summary Judgment Fri 05/03 3:05 PM
MOTION for Summary Judgment by Defendant Dave Yost. (Pfeiffer, Julie)
Related: [-]
Att: 1 Exhibit A: Social Media Platforms Generate Billions of Dollars in Revenue from U.S. Youth,
Att: 2 Exhibit B: Social Media and Youth Mental Health - The U.S. Surgeon General's Advisory,
Att: 3 Exhibit C: Windows of Developmental Sensitivity to Social Media,
Att: 4 Exhibit D: Affidavit of Amanda North,
Att: 5 Exhibit E: Affidavit of Lieutenant Governor Jon Husted,
Att: 6 Exhibit F: 2017 Global Mobile Consumer Survey - US Edition,
Att: 7 Exhibit G: The Biggest Lie on the Internet,
Att: 8 Exhibit H: Online Grooming Detection: A Comprehensive Survey of Child Exploitation in Chat Logs
Friday, April 26, 2024
41 41 1 pgs order Order on Motion to Withdraw as Attorney Fri 04/26 1:26 PM
ORDER Granting40 Motion to Withdraw as Attorney Phillip Thomas Kelly as co- counsel for Defendant Dave Yost. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/26/2024. (vb)
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Thursday, April 25, 2024
40 40 motion Withdraw as Attorney Thu 04/25 1:08 PM
MOTION to Withdraw as Attorney Phillip T. Kelly by Defendant Dave Yost. (Pfeiffer, Julie)
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Thursday, April 11, 2024
39 39 1 pgs order Order on Motion for Miscellaneous Relief Thu 04/11 2:33 PM
ORDER construing the Notice as a Motion to Withdraw, the Motion is GRANTED.Attorney Michael C. Cotton is WITHDRAWN as co-counsel for Plaintiff.granting38 Motion Signed by Magistrate Judge Elizabeth Preston Deavers on April 11, 2024. (jlk)
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Tuesday, April 09, 2024
38 38 notice Notice (Other) Tue 04/09 11:22 AM
NOTICE by Plaintiff NetChoice, LLC OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL (Maltz, Jeremy)
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Tuesday, March 12, 2024
notice Notice Terminating Deadlines/Hearings Tue 03/12 3:09 PM
NOTICE : The Preliminary Pretrial Conference set for 3/14/2024 is VACATED. (See ECF No.36 ). (sln)
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Friday, March 08, 2024
37 37 order Columbus Preliminary Pretrial Order Fri 03/08 4:14 PM
PRELIMINARY PRETRIAL ORDER: Joinder of Parties/Motions to Amend due by 4/1/2024. Both Parties Dispositive motions due by 5/3/2024. Memoranda in Opposition due by 6/3/2024. Both Parties Reply due by 6/24/2024. Signed by Magistrate Judge Norah McCann King on 3/8/2024. (vb)
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Thursday, March 07, 2024
36 36 misc Rule 26(f) Report Thu 03/07 12:40 PM
RULE 26(f) REPORT by Plaintiff NetChoice, LLC. (Rice, Matthew)
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Wednesday, February 14, 2024
35 35 misc Transcript Wed 02/14 11:01 AM
Transcript of Motion for Preliminary Injunction Proceedings held on February 7, 2024, before Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 3/6/2024. Redacted Transcript Deadline set for 3/18/2024. Release of Transcript Restriction set for 5/14/2024. (Evans, Shawna)
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Tuesday, February 13, 2024
34 34 notice Notice of Hearing Tue 02/13 3:29 PM
NOTICE of Hearing:Preliminary Pretrial Conference set for 3/14/2024 10:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
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Monday, February 12, 2024
33 33 29 pgs order Order on Motion for TRO Mon 02/12 12:44 PM
ORDER granting2 Motion for Preliminary Injunction against Defendant, Attorney General Yost. Defendant remains ENJOINED from implementing and enforcing the Act against Plaintiff or its member organizations. The bond posted by NetChoice following entry of the Temporary Restraining Order remains in place. Signed by Chief Judge Algenon L. Marbley on 2/12/2024. (cw)
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Wednesday, February 07, 2024
32 32 minutes Evidentiary Hearing Wed 02/07 11:29 AM
Minute Entry for proceedings held before Chief Judge Algenon L. Marbley: Preliminary Injunction Hearing held on 2/7/2024. (Court Reporter: Shawna Evans) (dms)
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Tuesday, February 06, 2024
31 31 notice Notice (Other) Tue 02/06 4:35 PM
NOTICE by Defendant Dave Yost of Supplemental Evidence (Pfeiffer, Julie)
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Wednesday, January 31, 2024
30 30 answer Answer to Complaint Wed 01/31 3:05 PM
ANSWER to1 Complaint filed by Dave Yost. (Pfeiffer, Julie)
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Friday, January 26, 2024
29 29 respm Reply to Response to Motion Fri 01/26 7:21 PM
REPLY to Response to Motion re2 MOTION for Temporary Restraining Order and for Preliminary Injunction filed by Plaintiff NetChoice, LLC. (Rice, Matthew)
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Friday, January 19, 2024
28 28 misc Supplemental - Opposing (non motion) Fri 01/19 4:43 PM
Supplemental Memorandum Opposing Plaintiff's Motion for Preliminary Injunction by Defendant Dave Yost. (Pfeiffer, Julie)
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Att: 1 Exhibit Exhibit A: Harvard Study on Social Media Operators,
Att: 2 Exhibit Exhibit B: Social Media and Youth Mental Health,
Att: 3 Exhibit Exhibit C: Windows of Developmental Sensitivity to Social Media,
Att: 4 Exhibit Exhibit D: Affidavit of Amanda North,
Att: 5 Exhibit Exhibit E: Affidavit of Lieutenant Governor Jon A. Husted
Wednesday, January 10, 2024
misc Filing Fee Received Wed 01/10 12:21 PM
Bond payment received: $ 1, receipt number 200005213. (mas)
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Tuesday, January 09, 2024
27 27 23 pgs order Order Setting Hearing on Motion Tue 01/09 1:20 PM
ORDER GRANTING2 Motion for Temporary Restraining Order and Setting Hearing on Motion2 MOTION for Preliminary Injunction and Setting a Briefing Schedule:Preliminary Injunction Hearing set for 2/7/2024 09:30 AM in Courtroom 331 - Columbus before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 01/09/2024. (cw)
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26 26 notice Notice of Appearance Tue 01/09 1:06 PM
NOTICE of Appearance by Stephen P. Tabatowski for Defendant Dave Yost (Tabatowski, Stephen)
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25 25 notice Notice of Appearance Tue 01/09 1:04 PM
NOTICE of Appearance by Phillip Thomas Kelly for Defendant Dave Yost (Kelly, Phillip)
Related: [-]
24 24 notice Notice of Appearance Tue 01/09 1:01 PM
NOTICE of Appearance by Elizabeth Hanning Smith for Defendant Dave Yost (Smith, Elizabeth)
Related: [-]
23 23 notice Notice of Appearance Tue 01/09 12:56 PM
NOTICE of Appearance by Julie M Pfeiffer for Defendant Dave Yost (Pfeiffer, Julie)
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Monday, January 08, 2024
22 22 service Summons Issued Mon 01/08 1:47 PM
Summons Issued as to Dave Yost. (jlk)
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21 21 order Order on Motion for Leave to Appear Pro Hac Vice Mon 01/08 12:05 PM
NOTATION ORDER granting13 Motion for Leave to Appear Pro Hac Vice of Alexis Swartz as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on January 8, 2024. (jlk)
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20 20 order Order on Motion for Leave to Appear Pro Hac Vice Mon 01/08 11:46 AM
NOTATION ORDER granting12 Motion for Leave to Appear Pro Hac Vice of Michael C. Cotton as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on January 8, 2024. (jlk)
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19 19 order Order on Motion for Leave to Appear Pro Hac Vice Mon 01/08 11:44 AM
NOTATION ORDER granting11 Motion for Leave to Appear Pro Hac Vice of Jared Bryans Magnuson as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on January 8, 2024. (jlk)
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18 18 order Order on Motion for Leave to Appear Pro Hac Vice Mon 01/08 11:42 AM
NOTATION ORDER granting10 Motion for Leave to Appear Pro Hac Vice of Joshua Morrow as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on January 8, 2024. (jlk)
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17 17 order Order on Motion for Leave to Appear Pro Hac Vice Mon 01/08 11:33 AM
NOTATION ORDER granting9 Motion for Leave to Appear Pro Hac Vice of Jeremy E. Maltz as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on January 8, 2024. (jlk)
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16 16 order Order on Motion for Leave to Appear Pro Hac Vice Mon 01/08 11:31 AM
NOTATION ORDER granting8 Motion for Leave to Appear Pro Hac Vice of Scott A. Keller as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on January 8, 2024. (jlk)
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15 15 order Order on Motion for Leave to Appear Pro Hac Vice Mon 01/08 11:28 AM
NOTATION ORDER granting7 Motion for Leave to Appear Pro Hac Vice of Steven P. Lehotsky as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on January 8, 2024. (jlk)
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13 13 motion Appear - Pro Hac Vice Mon 01/08 7:30 AM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9755973) of Alexis Swartz by Plaintiff NetChoice, LLC. (Rice, Matthew)
Related: [-]
12 12 motion Appear - Pro Hac Vice Mon 01/08 7:29 AM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9755971) of Michael C. Cotton by Plaintiff NetChoice, LLC. (Rice, Matthew)
Related: [-]
11 11 motion Appear - Pro Hac Vice Mon 01/08 7:25 AM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9755968) of Jared Bryans Magnuson by Plaintiff NetChoice, LLC. (Rice, Matthew)
Related: [-]
10 10 motion Appear - Pro Hac Vice Mon 01/08 7:22 AM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9755966) of Josh Morrow by Plaintiff NetChoice, LLC. (Rice, Matthew)
Related: [-]
9 9 motion Appear - Pro Hac Vice Mon 01/08 7:18 AM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9755965) of Jeremy Evan Maltz by Plaintiff NetChoice, LLC. (Rice, Matthew)
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8 8 motion Appear - Pro Hac Vice Mon 01/08 7:17 AM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9755964) of Scott A. Keller by Plaintiff NetChoice, LLC. (Rice, Matthew)
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7 7 motion Appear - Pro Hac Vice Mon 01/08 7:10 AM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9755961) of Steven P. Lehotsky by Plaintiff NetChoice, LLC. (Rice, Matthew)
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Friday, January 05, 2024
6 6 misc Corporate Disclosure Statement Fri 01/05 9:35 PM
Corporate Disclosure Statement by Plaintiff NetChoice, LLC. (Rice, Matthew)
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5 5 1 pgs order Order of Recusal Fri 01/05 8:17 PM
ORDER OF RECUSAL. Judge Sarah D. Morrison recused. Case reassigned to Chief Judge Algenon L. Marbley for all further proceedings. Signed by Judge Sarah D. Morrison on 1/5/2024. (merc)
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4 4 notice Notice (Other) Fri 01/05 8:07 PM
NOTICE: The3 Informal Conference scheduled on Monday, 1/8/2024 at 2:00 p.m., before Judge Sarah D. Morrison is hereby vacated. (merc)
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3 3 notice Notice of Hearing Fri 01/05 5:27 PM
NOTICE of Hearing: Informal Conference Pursuant to Local Rule 65.1 set for 1/8/2024 02:00 PM in Chambers before Judge Sarah D. Morrison. (merc)
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2 2 motion Temporary Restraining Order Fri 01/05 4:41 PM
MOTION for Temporary Restraining Order and for Preliminary Injunction by Plaintiff NetChoice, LLC. (Rice, Matthew)
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Att: 1 Declaration of Carl Szabo,
Att: 2 Declaration of Denise Paolucci,
Att: 3 Declaration of Libby Roin,
Att: 4 Declaration of Michael Masnick,
Att: 5 Rule 65.1 Certification,
Att: 6 Certificate of Service
1 1 cmp Complaint Fri 01/05 2:00 PM
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Dave Yost ( Filing fee $ 405 paid - receipt number: AOHSDC-9754821), filed by NetChoice, LLC. (Rice, Matthew)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons Form