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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS 

TYLER DIVISION

THE DAILY WIRE, LLC; 

FDRLST MEDIA, LLC; and

THE STATE OF TEXAS, by and through its 

Attorney General, Ken Paxton, 

Plaintiffs,

v.

DEPARTMENT OF STATE;

GLOBAL ENGAGEMENT CENTER;

ANTONY BLINKEN, in his official capacity as 

Secretary of State;

LEAH BRAY, in her official capacity as Deputy 

Coordinator of the State Department’s Global 

Engagement Center;

JAMES P. RUBIN, in his official capacity as 

Coordinator for the Global Engagement Center of the 

State Department;

DANIEL KIMMAGE, in his official capacity as the 

Principal Deputy Coordinator for the Global 

Engagement Center at the State Department;

ALEXIS FRISBIE, in her official capacity as Senior 

Technical Advisor of the Technology Engagement 

Team for the Global Engagement Center at the State 

Department;

PATRICIA WATTS, in her official capacity as the 

Director of the Technology Engagement Team at the 

Global Engagement Center at the State Department,

Defendants. 

Civil Action No.: 6:23-cv-00609

Case 6:23-cv-00609-JDK Document 13-2 Filed 02/07/24 Page 1 of 3 PageID #: 607
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[PROPOSED] ORDER

Before the Court is the motion of Plaintiffs, The Daily Wire, LLC, FDRLST Media, LLC,

and the State of Texas, for Expedited Preliminary-Injunction-Related Discovery. After 

considering the Motion, the Court finds good cause supports Plaintiffs’ request for limited 

Preliminary-Injunction-Related Expedited Discovery and therefore the Motion is hereby 

GRANTED.

It is hereby ORDERED that:

1. Within five business days of this Court’s ruling on this Motion, Plaintiffs may serve 

interrogatories and document requests on Defendants and may serve no more than five 

subpoenas on third parties. 

2. Defendants and third parties shall provide responses and objections within thirty days 

of service.

3. Within ten days of the receipt of the responses, objections, and the production of 

responsive documents, the parties shall meet and confer in good faith about any 

discovery dispute, after which the parties shall submit a joint statement to the Court 

identifying the nature of any unresolved dispute.

4. Within ten days of the receipt of the responses, objections, and any responsive 

documents, Plaintiffs shall notify Defendants whether they will seek additional thirdparty subpoenas or depositions pursuant to Rule 30(a)(2) of the Federal Rules of Civil 

Procedure. 

5. Within seven days of receiving notice of the depositions and additional third-party 

subpoenas sought by Plaintiffs, the parties shall meet and confer regarding the 

additional discovery requests. Should the parties reach an impasse, they shall submit 

Case 6:23-cv-00609-JDK Document 13-2 Filed 02/07/24 Page 2 of 3 PageID #: 608
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separate statements to the Court stating their positions on each requested subpoena and 

deposition. 

6. Thereafter, this Court shall determine any outstanding discovery disputes, after which 

Plaintiffs will have ten days to serve any additional third-party subpoenas and thirty 

days to complete any authorized depositions.

7. Within twenty days after all authorized depositions are taken, Plaintiffs may 

supplement their previous memoranda in support of their Motions for a Preliminary 

Injunction.

8. Within twenty days after Plaintiffs file their supplemental memorandum, Defendants 

may file a supplemental memorandum in response to the Motion for Preliminary 

Injunction.

9. Within ten days after Defendants file their supplemental memorandum, Plaintiffs may 

file a reply.

Case 6:23-cv-00609-JDK Document 13-2 Filed 02/07/24 Page 3 of 3 PageID #: 609