Stark et al v. Patreon, Inc.
| Brayden Stark, Judd Oostyen, Kevin Black and Maryann Owens |
| Patreon, Inc. |
| United States of America |
| 3:2022cv03131 |
| May 27, 2022 |
| US District Court for the Northern District of California |
| Joseph C Spero |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 59
Order by Chief Magistrate Judge Joseph C. Spero granting in part and denying in part #48 Motion to Dismiss First Amended Complaint. Plaintiffs may file a second amended complaint no later than March 3, 2023. (jcslc2, COURT STAFF) (Filed on 2/17/2023)
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| Filing 58 TRANSCRIPT ORDER for proceedings held on February 10, 2023 before Magistrate Judge Joseph C. Spero by Judd Oostyen, Brayden Stark, for Court Reporter Ruth Ekhaus. (Grille, Simon) (Filed on 2/10/2023) |
| Filing 57 TRANSCRIPT ORDER for proceedings held on 02/10/2023 before Magistrate Judge Joseph C. Spero by Patreon, Inc., for Court Reporter Ruth Ekhaus. (Norton, William) (Filed on 2/10/2023) |
| Filing 56 Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Motion Hearing held on 2/10/2023 re #48 MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities In Support Thereof filed by Patreon, Inc. - Motion Submitted. Initial Case Management Conference not held on 2/10/2023. Case Management Statement due by 4/7/2023. Further Case Management Conference set for 4/14/2023 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/j cs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Total Time in Court: 1 H 11 M. Court Reporter: Ruth Levine E khaus. Attorney for Plaintiff: Simone Grille, Trevor Tan.Attorney for Defendant: Nathan Walker, Fred Norton.Attorney for Interested Party USA: Leslie Cooper Vigen.(klh, COURT STAFF) (Date Filed: 2/10/2023) |
| Filing 55 JOINT CASE MANAGEMENT STATEMENT filed by Judd Oostyen, Brayden Stark, Patreon, Inc. (Grille, Simon) (Filed on 2/3/2023) Modified on 2/6/2023 (cjl, COURT STAFF). |
| Filing 54 REPLY re #48 In Support of Motion to Dismiss Plaintiffs' Claims Under the VPPA, The CLRA, and the "Fraud" Prong of the UCL filed by Patreon, Inc. (Norton, William) (Filed on 1/20/2023) Modified on 1/23/2023 (cjl, COURT STAFF). |
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Filing 53
Order. Signed as modified on 1/10/2023 by Chief Magistrate Judge Joseph C. Spero granting #52 Stipulation For Extension of Time to file Reply Brief.(klh, COURT STAFF) (Filed on 1/10/2023)
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| Filing 52 STIPULATION WITH PROPOSED ORDER for an Extension of Time for Patreon, Inc. to File Its Reply Brief In Support of Its Motion to Dismiss filed by Patreon, Inc., Judd Oostyen, Brayden Stark, United States of America. (Attachments: #1 Declaration of Fred Norton In Support of Stipulation for Extension of Time for Patreon, Inc. to File Reply Brief)(Norton, William) (Filed on 1/10/2023) Modified on 1/10/2023 (cjl, COURT STAFF). |
| See Order #53 Set/Reset Deadlines as to #48 MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities In Support Thereof. Replies due by 1/20/2023.Case Management Statement due by 2/3/2023. Initial Case Management Conference and Motion Hearing as to #48 MOTION to Dismiss First Amended Complaint re-set for 2/10/2023 09:30 AM in San Francisco, - Videoconference Only before Chief Magistrate Judge Joseph C. Spero. These proceedings will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs Court A ppearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcscrd@cand.uscourts.gov no later than 2/8/2023 by 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klh, COUR T STAFF) (Filed on 1/10/2023) |
| Filing 51 OPPOSITION/RESPONSE (re #48 MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities In Support Thereof ) filed byKevin Black, Judd Oostyen, Maryann Owens, Brayden Stark. (Grille, Simon) (Filed on 12/21/2022) |
| Filing 50 NOTICE of Voluntary Dismissal of Kevin Black and Maryann Owens by Kevin Black, Maryann Owens (Macey, Kimberly) (Filed on 12/13/2022) |
| Filing 49 NOTICE by United States of America of Intervention (Attachments: #1 Exhibit United States of America's Memorandum in Support of the Constitutionality of the Video Privacy Protection Act)(Vigen, Leslie) (Filed on 12/5/2022) |
| Set/Reset Deadlines as to #48 MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities In Support Thereof. Responses due by 12/21/2022. Replies due by 1/13/2023. See Order #45 (klh, COURT STAFF) (Filed on 11/28/2022) |
| Filing 48 MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities In Support Thereof filed by Patreon, Inc.. Motion Hearing set for 1/27/2023 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 12/7/2022 - now due 12/21/22. Replies due by 12/14/2022 - now due 1/13/2023. See Order #45 (Attachments: #1 Proposed Order)(Norton, William) (Filed on 11/23/2022) Modified on 11/23/2022 (kkp, COURT STAFF). Modified on 11/28/2022 (klh, COURT STAFF). |
| Filing 47 CLERKS NOTICE CONTINUING INITIAL CASE MGMT CONFERENCE AND SETTING ZOOM HEARING. Case Management Statement due by 1/20/2023. Initial Case Management Conference set for 11/18/2022 is continued to 1/27/2023 09:30 AM PST <./b< in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a tex t-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 11/14/2022) |
| Filing 46 JOINT CASE MANAGEMENT STATEMENT filed by Kevin Black, Judd Oostyen, Maryann Owens, Brayden Stark and Patreon, Inc.. (Grille, Simon) (Filed on 11/10/2022) Modified on 11/14/2022 (kkp, COURT STAFF). |
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Filing 45
Order. Signed 11/8/2022 by Chief Magistrate Judge Joseph C. Spero granting #44 Stipulation to Extend Time For Response to FAC and to Extend the Briefing Schedule on Any Motion to Dismiss and Enlarge Time to Intervene.(klh, COURT STAFF) (Filed on 11/8/2022)
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| See Order #45 Set Deadlines/Hearings: Dispositive Motion due by 11/23/2022. Responses due by 12/21/2022. Replies due by 1/13/2023. Dispositive Motion Hearing set for 1/27/2023 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klh, COURT STAFF) (Filed on 11/8/2022) |
| Filing 44 STIPULATION WITH PROPOSED ORDER to (1) Extend the Time for Response to the First Amended Complaint, (2) Extend the Briefing Schedule on Any Motion To Dismiss The First Amended Complaint, and (3) Enlarge Time to Intervene filed by Patreon, Inc., Brayden Stark, Judd Oostyen, Kevin Black, and Maryann Owens. (Attachments: #1 Declaration of Nathan Walker In Support of Stipulation to (1) Extend the Time for Response to the First Amended Complaint, (2) Extend the Briefing Schedule on Any Motion To Dismiss The First Amended Complaint, and (3) Enlarge Time to Intervene)(Walker, Nathan) (Filed on 11/7/2022) Modified on 11/8/2022 (kkp, COURT STAFF). |
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Filing 43
Order. Signed 11/3/2022 by Chief Magistrate Judge Joseph C. Spero granting #42 Stipulation to Enlarge Time to Intervene.(klh, COURT STAFF) (Filed on 11/3/2022)
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| Filing 42 STIPULATION WITH PROPOSED ORDER to Enlarge Time to Intervene filed by United States of America, Brayden Stark, Maryann Owens, Judd Oostyen, Kevin Black and Patreon, Inc.. (Attachments: #1 Declaration of Leslie Cooper Vigen)(Vigen, Leslie) (Filed on 11/2/2022) Modified on 11/3/2022 (kkp, COURT STAFF). |
| Filing 41 FIRST AMENDED COMPLAINT against Patreon, Inc. filed by Brayden Stark, Maryann Owens, Kevin Black, Judd Oostyen. (Attachments: #1 Exhibit A - CLRA Venue Declaration of Simon S. Grille)(Grille, Simon) (Filed on 10/27/2022) Modified on 10/28/2022 (kkp, COURT STAFF). |
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Filing 40
Order by Chief Magistrate Judge Joseph C. Spero granting in part and denying in part #21 Motion to Dismiss. Plaintiffs may file an amended complaint no later than October 27, 2022. The case management conference previously set for October 14, 2022 is CONTINUED to November 18, 2022 at 2:00 PM via Zoom webinar.(jcslc2, COURT STAFF) (Filed on 10/13/2022)
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| See Order #40 Set Deadlines/Hearings: Case Management Statement due by 11/10/2022. Initial Case Management Conference re-set for 11/18/2022 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs General Order 58. Pers ons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klh, COURT STAFF) (Filed on 10/13/2022) |
| Filing 39 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed by Kevin Black, Judd Oostyen, Maryann Owens, Brayden Stark. (Attachments: #1 Exhibit A)(Related document(s) #31 ) (Grille, Simon) (Filed on 10/10/2022) Modified on 10/11/2022 (kkp, COURT STAFF). |
| Filing 38 NOTICE of Appearance by Trevor Taige Tan (Tan, Trevor) (Filed on 10/10/2022) |
| Filing 37 JOINT CASE MANAGEMENT STATEMENT filed by Kevin Black, Judd Oostyen, Maryann Owens, Brayden Stark and Patreon, Inc.. (Macey, Kimberly) (Filed on 10/7/2022) Modified on 10/7/2022 (kkp, COURT STAFF). |
| Filing 36 Brief (re #23 Request for Judicial Notice, Reply In Support) filed by Patreon, Inc.. (Related document(s) #23 ) (Norton, William) (Filed on 9/30/2022) Modified on 10/3/2022 (kkp, COURT STAFF). |
| Filing 35 REPLY (re #21 MOTION to Dismiss Complaint and Memorandum of Points and Authorities In Support Thereof) filed by Patreon, Inc.. (Norton, William) (Filed on 9/30/2022) Modified on 10/3/2022 (kkp, COURT STAFF). |
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Filing 34
Order. Signed 9/16/2022 by Chief Magistrate Judge Joseph C. Spero granting #33 Stipulation to Enlarge Time to Intervene.(klh, COURT STAFF) (Filed on 9/16/2022)
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| Filing 33 STIPULATION WITH PROPOSED ORDER (re #24 Notice) to Enlarge Time to Intervene filed by United States of America, Brayden Stark, Judd Oostyen, Kevin Black, Maryann Owens and Patreon, Inc.. (Attachments: #1 Declaration of Leslie Cooper Vigen)(Vigen, Leslie) (Filed on 9/16/2022) Modified on 9/16/2022 (kkp, COURT STAFF). |
| Filing 32 NOTICE of Appearance by Leslie Cooper Vigen on behalf of the United States of America (Vigen, Leslie) (Filed on 9/16/2022) |
| Filing 31 OPPOSITION/RESPONSE (re #21 MOTION to Dismiss Complaint and Memorandum of Points and Authorities In Support Thereof) filed by Kevin Black, Judd Oostyen, Maryann Owens, Brayden Stark. (Grille, Simon) (Filed on 9/9/2022) Modified on 9/12/2022 (kkp, COURT STAFF). |
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Filing 30
ORDER. Signed 8/23/2022 by Chief Magistrate Judge Joseph C. Spero granting #28 Stipulation re: ESI Discovery (klh, COURT STAFF) (Filed on 8/23/2022)
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Filing 29
Order. Signed 8/23/2022 by Chief Magistrate Judge Joseph C. Spero granting #27 Stipulated Protective Order.(klh, COURT STAFF) (Filed on 8/23/2022)
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| Filing 28 STIPULATION WITH PROPOSED ORDER regarding Discovery of Electronically Stored Information filed by Kevin Black, Judd Oostyen, Maryann Owens, Brayden Stark and Patreon, Inc.. (Grille, Simon) (Filed on 8/22/2022) Modified on 8/22/2022 (kkp, COURT STAFF). |
| Filing 27 [Proposed] Stipulated Protective Order filed by Kevin Black, Judd Oostyen, Maryann Owens, Brayden Stark and Patreon, Inc.. (Grille, Simon) (Filed on 8/22/2022) Modified on 8/22/2022 (kkp, COURT STAFF). |
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Filing 26
Order. Signed 8/15/2022 by Chief Magistrate Judge Joseph C. Spero granting #25 Stipulation to Extend Briefing Schedule on Defendant's Motion to Dismiss.*Note: See changes in Bold (klh, COURT STAFF) (Filed on 8/15/2022)
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| See Order #26 Set Deadlines/Hearings: Responses due by 9/9/2022. Replies due by 9/30/2022. Case Management Statement due by 10/7/2022. Initial Case Management Conference and Motion Hearing as to #21 MOTION to Dismiss Complaint and Memorandum of Points and Authorities In Support Thereof set for 10/14/2022 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcscrd@cand.uscourts.gov no later than 10/12/2022 by 3:00 PM PDT.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klh, COURT STAFF) (Filed on 8/15/2022) |
| Filing 25 STIPULATION WITH PROPOSED ORDER to Extend the Briefing Schedule on Defendant's Motion to Dismiss filed by Kevin Black, Judd Oostyen, Maryann Owens, Brayden Stark and Patreon, Inc. (Attachments: #1 Declaration of Simon S. Grille)(Grille, Simon) (Filed on 8/10/2022) Modified on 8/11/2022 (kkp, COURT STAFF). |
| Filing 24 NOTICE by Patreon, Inc. of Constitutional Question Pursuant Federal Rule of Civil Procedure 5.1 and Local Rule 3-8 (Norton, William) (Filed on 8/6/2022) |
| Filing 23 Request for Judicial Notice re #21 MOTION to Dismiss Complaint and Memorandum of Points and Authorities In Support Thereof (Corrected) filed by Patreon, Inc.. (Related document(s) #21 ) (Walker, Nathan) (Filed on 8/5/2022) Modified on 8/8/2022 (kkp, COURT STAFF). |
| Filing 22 *** DISREGARD, REFILED AT DOCKET ENTRY #23 *** Request for Judicial Notice re #21 MOTION to Dismiss Complaint and Memorandum of Points and Authorities In Support Thereof filed by Patreon, Inc.. (Related document(s) #21 ) (Walker, Nathan) (Filed on 8/5/2022) Modified on 8/8/2022 (kkp, COURT STAFF). |
| Filing 21 MOTION to Dismiss Complaint and Memorandum of Points and Authorities In Support Thereof filed by Patreon, Inc.. Motion Hearing set for 9/9/2022 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 8/19/2022. Replies due by 8/26/2022. (Attachments: #1 Proposed Order)(Walker, Nathan) (Filed on 8/5/2022) Modified on 8/8/2022 (kkp, COURT STAFF). |
| Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Patreon, Inc.) (Walker, Nathan) (Filed on 8/5/2022) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Brayden Stark) (Grille, Simon) (Filed on 8/5/2022) |
| Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Maryann Owens) (Grille, Simon) (Filed on 8/5/2022) |
| Filing 17 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Judd Oostyen) (Grille, Simon) (Filed on 8/5/2022) |
| Filing 16 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kevin Black) (Grille, Simon) (Filed on 8/5/2022) |
| Filing 15 Certificate of Interested Entities by Patreon, Inc. and Corporate Disclosure Statement (Walker, Nathan) (Filed on 8/3/2022) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Patreon, Inc... (Walker, Nathan) (Filed on 6/22/2022) |
| Filing 13 STIPULATION For Extension of Time to Respond to the Complaint filed by Patreon, Inc., Brayden Stark, Judd Oostyen, Kevin Black and Maryann Owens. (Walker, Nathan) (Filed on 6/22/2022) Modified on 6/23/2022 (kkp, COURT STAFF). |
| Filing 12 NOTICE of Appearance by Gilbert Gordon Walton (Walton, Gilbert) (Filed on 6/22/2022) |
| Filing 11 NOTICE of Appearance by Bree Hann (Hann, Bree) (Filed on 6/22/2022) |
| Filing 10 NOTICE of Appearance by William Fred Norton, Jr (Norton, William) (Filed on 6/22/2022) |
| Filing 9 NOTICE of Appearance by Nathan Loy Walker (Walker, Nathan) (Filed on 6/22/2022) |
| Filing 8 SUMMONS Returned Executed by Brayden Stark, Maryann Owens, Kevin Black, Judd Oostyen. Patreon, Inc. served on 5/31/2022, answer due 6/21/2022. (Grille, Simon) (Filed on 6/10/2022) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kevin Black, Judd Oostyen, Maryann Owens, Brayden Stark.. (Grille, Simon) (Filed on 6/10/2022) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/19/2022. Initial Case Management Conference set for 8/26/2022 02:00 PM in San Francisco, Courtroom F, 15th Floor. (kkp, COURT STAFF) (Filed on 5/31/2022) |
| Filing 5 Summons Issued as to Patreon, Inc.. (kkp, COURT STAFF) (Filed on 5/31/2022) |
| Filing 4 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/10/2022. (jrs, COURT STAFF) (Filed on 5/27/2022) |
| Filing 3 Certificate of Interested Entities by Kevin Black, Judd Oostyen, Maryann Owens, Brayden Stark (Grille, Simon) (Filed on 5/27/2022) |
| Filing 2 Proposed Summons. (Grille, Simon) (Filed on 5/27/2022) |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand against Patreon, Inc. (Filing fee $ 402, receipt number ACANDC-17218307.). Filed byBrayden Stark, Maryann Owens, Kevin Black, Judd Oostyen. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Grille, Simon) (Filed on 5/27/2022) Modified on 5/31/2022 (kkp, COURT STAFF). |
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