753 F.Supp.3d 849
N.D. Cal.2024Background
- Thirty-five state Attorneys General (AGs) have sued Meta in a multidistrict litigation (MDL) concerning social media and adolescent addiction/injury.
- All discovery has been referred to Magistrate Judge Peter H. Kang.
- On September 6, 2024, the Court issued a lengthy order resolving a discovery dispute over whether certain state agencies are subject to party discovery.
- The AGs challenged that order under Fed. R. Civ. P. 72(a) and simultaneously moved to stay enforcement of the order pending District Court review.
- Meta opposed the stay; the motion was reviewed on the papers without oral argument.
- The standard for granting a stay requires, primarily, a strong showing of likelihood of success on the merits and likelihood of irreparable harm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Likelihood of success on merits | AGs likely to show the order misapplies law about AGs’ control over state agencies | Order correctly applies law; AGs arguments previously considered and rejected | AGs failed to show strong likelihood of success |
| Irreparable harm absent stay | Enforcing order risks AGs-agencies conflicts, imposes undue burden, delays case | Burden is ordinary in discovery; agencies will respond to Meta regardless | No irreparable harm shown |
| Remaining Nken factors | Delay and public interest support a stay | Delay harms Meta’s discovery; public interest not hampered by order | Not reached (first two factors not met); would not change outcome |
Key Cases Cited
- Nken v. Holder, 556 U.S. 418 (Supreme Court defines four-factor stay test; stay not automatic).
- Maness v. Meyers, 419 U.S. 449 (Stay not automatic upon seeking review; court orders must be followed).
- Grimes v. City & Cnty. of S.F., 951 F.2d 236 (Non-dispositive magistrate orders reviewed deferentially, under clearly erroneous standard).
- United States v. Abonce-Barrera, 257 F.3d 959 (Magistrate’s discovery orders entitled to great deference).
- Lair v. Bullock, 697 F.3d 1200 (Clarifies "likelihood of success" and sliding scale approach for stay motions).