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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TYLER DIVISION 

THE DAILY WIRE, LLC et al., 

 Plaintiffs, 

v. 

UNITED STATES DEPARTMENT 

OF STATE et al., 

 Defendants. 

 Civil Action No. 6:23-cv-00609 (JDK) 

JOINT MOTION TO EXTEND PLAINTIFFS’ DEADLINE TO RESPOND TO 

MOTION TO TRANSFER AND DEFENDANTS’ DEADLINE TO RESPOND 

TO MOTION FOR PRELIMINARY INJUNCTION 

Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A) and Local Rule CV-7(e), the parties 

respectfully submit this joint motion to extend Plaintiffs’ deadline to respond to Defendants’ 

motion to transfer venue, ECF No. 14, and Defendants’ deadline to respond to Plaintiffs’ 

motion for preliminary injunction, ECF No. 11. For the reasons below, good cause exists to 

grant this joint request. 

1. This action commenced on December 6, 2023. See Complaint, ECF No. 1. The 

Complaint alleges that Defendants are “actively intervening in the news-media market to 

render disfavored press outlets unprofitable by funding the infrastructure, development, and 

marketing and promotion of censorship technology and private censorship enterprises.” Id. ¶ 

1. The Complaint raises claims under the First Amendment (Counts I and II), as well as claims 

alleging unlawful agency action beyond Constitutional and statutory authority (Counts III-V). 

2. There are four motions pending before this Court: 

 Defendants’ motion to transfer venue. See ECF No. 14 (filed on February 9, 2024). 

Defendants seek to transfer this matter to the United States District Court for the 

District of Columbia. Id. at 1. In support, Defendants argue that (1) venue cannot 

Case 6:23-cv-00609-JDK Document 16 Filed 02/13/24 Page 1 of 6 PageID #: 638
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be predicated on the State of Texas’s presence as a Plaintiff because Texas lacks 

Article III standing, and (2) even if Texas had Article III standing, the Complaint 

fails to demonstrate that any party resides in this District or that a substantial part 

of the actions giving rise to any claims arose in this District. See id. Plaintiffs’ 

response is currently due by February 23, 2024; Defendants’ reply is currently due 

by March 1, 2024. See LR CV-7(e). 

 Plaintiffs’ consent motion for leave to exceed the page limit for their memorandum 

in support of motion for preliminary injunction. See ECF No. 10 (filed on 

February 6, 2024). This motion is unopposed. 

 Plaintiffs’ motion for preliminary injunction. See ECF No. 11 (filed on February 

6, 2024). Plaintiffs seek to preliminarily enjoin Defendants from “continuing to 

fund, test, market, promote, host on its platform, and/or otherwise assist with or 

encourage the development or use of technology that targets in whole, or in part, 

Americans’ speech or the American press.” See id. at 2. Defendants’ response is 

currently due within fourteen days from the date the Court rules on Plaintiffs’ 

motion for leave to exceed their page limit for their motion for preliminary 

injunction. See LR CV-6(k) (“The time for filing any responsive documents will 

run from the date of the order on the motion for leave.”); see also LR CV-7(e). 

 Plaintiffs’ motion for expedited preliminary-injunction-related discovery. See ECF 

No. 13 (filed on February 7, 2023). Plaintiffs seek authorization to conduct 

discovery in support of their motion for preliminary injunction. Defendants’ 

response is currently due by February 21, 2024; Plaintiffs’ reply is currently due by 

February 28, 2024. See LR CV-7(e). 

3. The parties have conferred and jointly request that the Court extend the deadlines for 

Defendants’ motion to transfer venue and for Plaintiffs’ motion for preliminary injunction as 

follows: 

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 March 15, 2024 – Plaintiffs’ opposition to Defendants’ motion to transfer and 

Defendants’ opposition to Plaintiffs’ motion for preliminary injunction; 

 April 5, 2024 – Defendants’ reply in support of their motion to transfer venue 

and Plaintiffs’ reply in support of their motion for preliminary injunction. 

4. Good cause exists to grant this extension. The parties have conferred and agree to 

this modified briefing schedule, which will allow sufficient time to prepare appropriate 

responses and which factors in existing deadlines in other litigation matters as well as prescheduled annual leave for some of the undersigned counsel as well as counsel from the 

Department of State who are involved in this matter. 

5. This extension would not impact any other existing deadlines in this matter. That is, 

it would not impact Defendants’ February 21, 2024 deadline to respond to Plaintiffs’ motion 

for expedited preliminary-injunction related discovery. Nor would it impact Defendants’ 

March 28, 2024 deadline to respond to the Complaint. See ECF No. 15. 

 Accordingly, the parties respectfully request that the Court enter their agreed-upon 

modified briefing schedule for Defendants’ motion to transfer venue and for Plaintiffs’ motion 

for preliminary injunction. A proposed order is attached. 

Dated: February 13, 2024 Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

JAMES J. GILLIGAN 

Special Litigation Counsel 

Federal Programs Branch 

JOSHUA E. GARDNER 

Special Counsel 

Federal Programs Branch 

/s/Cristen C. Handley 

CRISTEN C. HANDLEY 

CODY T. KNAPP 

Trial Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

Case 6:23-cv-00609-JDK Document 16 Filed 02/13/24 Page 3 of 6 PageID #: 640
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1100 L Street, N.W. 

Washington, D.C. 20005 

Tel: (202)-305-2677 

Fax: (202)-616-8470 

Email: cristen.handley@usdoj.gov 

Counsel for Defendants 

/s/ Margaret A. Little 

Margaret A. Little 

Lead Attorney 

Senior Litigation Counsel 

Connecticut Bar # 303494 

NEW CIVIL LIBERTIES ALLIANCE 

1225 19th Street NW, Suite 450 

Washington, DC 20036 

Telephone: (202) 869-5210 

 Facsimile: (202) 869-5238 

Peggy.Little@ncla.legal

/s/ Margot J. Cleveland 

Margot J. Cleveland, 

Of Counsel 

Michigan Bar #P83564 

NEW CIVIL LIBERTIES ALLIANCE

Margot.Cleveland@ncla.legal

/s/ Casey Norman

Casey Norman* 

Pro hac vice forthcoming 

Litigation Counsel 

New York Bar #5772199 

Casey.Norman@ncla.legal

Attorneys for Plaintiffs the 

Daily Wire Entertainment LLC and 

FDRLST Media LLC 

KEN PAXTON

Attorney General of Texas 

BRENT WEBSTER

First Assistant Attorney General of Texas 

GRANT DORFMAN

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Deputy First Assistant Attorney General of Texas 

RALPH MOLINA

Deputy Attorney General for Legal Strategy 

RYAN D. WALTERS

Chief, Special Litigation Division 

/s/ Susanna Dokupil

SUSANNA DOKUPIL

Lead Attorney 

Special Counsel 

Texas State Bar No. 24034419 

AMY S. HILTON

Special Counsel 

Texas State Bar No. 24097834 

JOHNATHAN STONE

Special Counsel 

Texas State Bar No. 24071779 

Attorneys for the State of Texas 

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CERTIFICATE OF SERVICE 

 I hereby certify that on February 13, 2024, I electronically filed the foregoing paper 

with the Clerk of Court using this Court’s CM/ECF system, which will notify all counsel of 

record of such filing. 

/s/Cristen C. Handley 

CRISTEN C. HANDLEY 

CODY T. KNAPP 

Trial Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

1100 L Street, N.W. 

Washington, D.C. 20005 

Tel: (202)-305-2677 

Fax: (202)-616-8470 

Email: cristen.handley@usdoj.gov 

CERTIFICATE OF CONFERENCE 

 I hereby certify that counsel for all of the parties have conferred and agree upon this 

motion. 

 

/s/Cristen C. Handley 

CRISTEN C. HANDLEY 

Trial Attorney 

U.S. Department of Justice 

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