`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
`
`
`
`
`
`
`
`
`
`
`Case No. 20-cv-02658 (CJN)
`
`
`TIKTOK INC., et al.,
`
`
`Plaintiffs,
`
`
`v.
`
`DONALD J. TRUMP, in his official capacity
`as President of the United States, et al.,
`
`Defendants.
`
`
`
`
`
`PLAINTIFFS’ RENEWED MOTION FOR A PRELIMINARY INJUNCTION
`AGAINST COMMERCE DEPARTMENT PROHIBITIONS 2-5
`
`Plaintiffs TikTok, Inc. and ByteDance Ltd. (collectively “Plaintiffs”), by and through
`
`their undersigned counsel, hereby move this Court, pursuant to Rule 65 of the Federal Rules of
`
`Civil Procedure and Local Rule 65.1, for a preliminary injunction against Defendants Donald J.
`
`Trump, in his official capacity as President of the United States; Wilbur L. Ross, Jr., in his official
`
`capacity as Secretary of Commerce; and the U.S. Department of Commerce.
`
`For the reasons set forth in the accompanying Memorandum in Support, the declarations
`
`attached hereto, and the declarations and exhibits attached to Plaintiffs’ previous motion for
`
`preliminary injunction (ECF No. 15), Plaintiffs are entitled to preliminary injunctive relief
`
`enjoining the implementation or enforcement of Prohibitions 2–5 on the list of prohibited
`
`transactions published in the Federal Register on September 24, 2020. See Identification of
`
`Prohibited Transactions to Implement Executive Order 13942 and Address the Threat Posed by
`
`TikTok and the National Emergency with Respect to the Information and Communications
`
`Technology and Services Supply Chain, 85 Fed. Reg. 60061–63 (Sept. 24, 2020).
`
`
`
`Case 1:20-cv-02658-CJN Document 43 Filed 10/14/20 Page 2 of 2
`
`Like the first Prohibition that this Court enjoined on September 27, 2020, Plaintiffs are
`
`likely to succeed on their claim that Prohibitions 2–5 violate the International Emergency
`
`Economics Powers Act, 50 U.S.C. §§ 1701–1706. Plaintiffs also are likely to succeed on their
`
`claims that the Prohibitions violate the Administrative Procedure Act, 5 U.S.C. § 551 et seq., the
`
`First and Fifth Amendments to the U.S. Constitution, and constitute ultra vires executive action.
`
`In the absence of preliminary injunctive relief, Prohibitions 2–5 will cause Plaintiffs irreparable
`
`harm, and the equities and public interest weigh in Plaintiffs’ favor. Accordingly, Plaintiffs are
`
`entitled to relief. A proposed Order accompanies the motion.
`
`
`
`DATED: October 14, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
` /s/ John E. Hall
`
`Anders Linderot*
`COVINGTON & BURLING LLP
`The New York Times Building
`620 Eighth Avenue
`New York, New York 10018-1405
`Telephone: +1 (212) 841-1000
`Facsimile: + 1 (212) 841-1010
`Email: alinderot@cov.com
`
`Mitchell A. Kamin*
`COVINGTON & BURLING LLP
`1999 Avenue of the Stars, Suite 3500
`Los Angeles, California 90067-4643
`Telephone: + 1 (424) 332-4800
`Facsimile: + 1 (424) 332-4749
`Email: mkamin@cov.com
`
`*Pro Hac Vice
`
`
`
`
`
`John E. Hall (D.C. Bar. No. 415364)
`Beth S. Brinkmann (D.C. Bar. No. 477771)
`Alexander A. Berengaut (D.C. Bar. No. 989222)
`Megan A. Crowley (D.C. Bar. No. 1049027)
`Megan C. Keenan (D.C. Bar. No. 1672508)
`COVINGTON & BURLING LLP
`One CityCenter
`850 Tenth Street, NW
`Washington, DC 20001
`Telephone: +1 (202) 662-6000
`Facsimile: + 1 (202) 778-6000
`Email: jhall@cov.com
` bbrinkmann@cov.com
` aberengaut@cov.com
` mcrowley@cov.com
` mkeenan@cov.com
`
`
`
`Attorneys for Plaintiffs
`
`2
`
`