Trump

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DONALD J. TRUMP, et al., Case No. 3:21-cv-08378-JD

Plaintiffs,

ORDER TO SHOW CAUSE

v.

TWITTER INC., et al., Defendants.

Plaintiffs Naomi Wolf, former President Donald J. Trump, four other individuals, and the American Conservative Union, sued Twitter on behalf of themselves and a putative class of Twitter users for being “de-platformed” and “censored.” Dkt. No. 21 ¶¶ 8, 18. Plaintiffs alleged First Amendment claims in connection with a state action theory of liability. The Court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6) with leave to amend. Dkt. No. 165. Plaintiffs elected not to amend, and judgment was entered against them. Dkt. No. 168. Plaintiffs filed an appeal in the Ninth Circuit. Dkt. No. 169. Although the appeal is pending, Wolf has asked the Court for an “indicative ruling” under Federal Rule of Civil Procedure 62.1 on whether the Court would set aside the judgment under Rule 60(b)(2) in light of newly discovered…