DISTRICT OF COLUMBIA

COURT OF APPEALS
_________________________ Received 09/13/2017 04:06 PM
Clerk of the Court
Nos. 17-SS-388, 17-SS-389, 17-SS-390
(Cr. Nos. 17-CSW-658, 17-CSW-659, 17-CSW-660)
_________________________

IN RE: FACEBOOK, INC. Appellant,

v.

UNITED STATES OF AMERICA, Appellee.

J OINT M OTION TO D ISMISS A PPEAL

The parties to this appeal, Facebook, Inc. and the United States of

America, jointly move to dismiss the instant appeal as moot. In support

of this motion, the parties state as follows: On September 13, 2017, the

United States moved to vacate the nondisclosure orders (NDOs) that are

the subject of the instant appeal. As the United States explained in its

unopposed motion to vacate, filed in the Superior Court, the investigation

at issue in this case has progressed during the pendency of this litigation

to the point where the NDOs are no longer needed. The motion to vacate

was granted by the Superior Court on the afternoon of September 13.

Because the NDOs have been vacated, this appealwhich challenged the
NDOsis now moot, and the oral argument in this case, scheduled for
September 14, 2017, is no longer necessary.
C HANNING D. P HILLIPS
United States Attorney
E LIZABETH T ROSMAN
Assistant United States Attorney
/s/
E RIC S. N GUYEN
D.C. Bar #1015600
Assistant United States Attorney
555 Fourth Street, NW
Room 8104
Washington, D.C. 20530
Eric.Nguyen@usdoj.gov
(202) 252-6829
Counsel for Appellee
Respectfully submitted,
/s/
JOHN K. ROCHE
(D.C. Bar No. 491112)
Perkins Coie LLP
700 Thirteenth Street, N.W.
Suite 600
Washington, D.C. 20005-3960
Telephone: 202-434-1627
Facsimile: 202-654-9106
Email: JRoche@perkinscoie.com
ERIC D. MILLER
(D.C. Bar No. 998752)
Perkins Coie LLP
1201 Third Avenue
Suite 4900
Seattle, WA 98101-3099
Telephone: 206-359-93773
Facsimile: 206-359-4773
Email: EMiller@perkinscoie.com
Counsel for Appellant