Berkery
Berkery v. Twitter, Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN C. BERKERY, Case No. 23-cv-04065-JSW
8 Plaintiff,
ORDER DENYING MOTION TO
9 v. PRELIMINARY INJUNCTION AND
REQUIRING BRIEFING ON MOTION
10 TWITTER, INC., TO DISMISS Defendant. Re: Dkt. Nos. 11, 20 11
12 13 Now before the Court is the motion for a preliminary injunction filed by Plaintiff John C. 14 Berkery (“Plaintiff”) and the motion to dismiss filed Defendant Twitter, Inc. (“Defendant”). In his 15 motion for preliminary injunction, Plaintiff seeks disclosure of his allegedly offending tweet and 16 seeks an order from this Court enjoining Defendant from filing any motions to dismiss or for 17 summary judgment under Federal Rules of Civil Procedure 12(b)(6) or 56. 18 Preliminary injunctive relief is an “extraordinary and drastic remedy” that is never awarded 19 as of right. Munaf v. Geren, 553 U.S. 674, 689-690 (2008) (internal citations omitted). In order to 20 obtain such relief, Plaintiff must establish: (1) he is likely to…