Brown v. The University of Texas at Austin et al
Plaintiff: Adam Brown
Defendant: The University of Texas at Austin, The University of Texas at Austin Athletics, Learfield Communications, LLC and Sidearm Sports, LLC
Intervenor: United States of America
Case Number: 1:2023cv00374
Filed: April 3, 2023
Court: US District Court for the Western District of Texas
Presiding Judge: David A Ezra
Referring Judge: Lee Yeakel
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2023 Opinion or Order Text Order GRANTING #45 Motion for Extension of Time to File Response/Reply re #45 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss Plaintiff's Complaint. Defendants Learfield Communications, LLC and Sidearm Sports, LLC shall have up to and including November 1, 2023 to file their Reply. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MGlc)
October 12, 2023 Filing 45 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss Plaintiff's Complaint by Learfield Communications, LLC. (Attachments: #1 Proposed Order)(Hooper, Rachel)
October 4, 2023 Filing 44 Memorandum in Opposition to Motion, filed by Adam Brown, re #39 MOTION to Dismiss Plaintiff's Complaint filed by Defendant Learfield Communications, LLC, Defendant Sidearm Sports, LLC (Attachments: #1 Affidavit Unsworn Declaration of Patrick Yarborough, #2 Exhibit 1 - Senate Report 100-599, #3 Exhibit 2 - Stoudemire et al. v. Lee Enterprises, Inc., Case No. 3:22-cv-00086-SHL-SBJ (S.D. Iowa July 20, 2023) (Dkt. 33))(Yarborough, Donald)
October 4, 2023 Filing 43 Unopposed MOTION to Join in and Incorporate by Reference the United States of America's Memorandum of Law in Defense of the Constitutionality of the Video Privacy Protection Act (Dkt. 42-1) by Adam Brown. (Attachments: #1 Proposed Order)(Yarborough, Donald)
September 20, 2023 Filing 42 NOTICE of Intervention by United States Of America (Attachments: #1 Memo in Support of the Constitutionality of the VPPA)(Devany, Bonnie)
September 13, 2023 Opinion or Order Filing 41 ORDER GRANTING #40 Motion for Extension of Time to File Response to #39 MOTION to Dismiss Plaintiff's Complaint Signed by Judge David A. Ezra. (dm)
September 12, 2023 Filing 40 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss Plaintiff's Complaint by Adam Brown. (Attachments: #1 Proposed Order)(Yarborough, Donald)
September 6, 2023 Filing 39 MOTION to Dismiss Plaintiff's Complaint by Learfield Communications, LLC, Sidearm Sports, LLC. (Hooper, Rachel)
July 26, 2023 Opinion or Order Filing 38 ORDER EXTENDING MOTION AND INTERVENTION DEADLINES. Signed by Judge David A. Ezra. (dm)
July 26, 2023 Opinion or Order Filing 37 ORDER GRANTING #21 Motion to Dismiss. Brown has until Wednesday, August 16, 2023 to file an amended complaint. Signed by Judge David A. Ezra. (dm)
July 14, 2023 Opinion or Order Filing 36 ORDER GRANTING Joint #35 Motion for Entry of Scheduling Order. Learfield shall file a renewed Motion to Dismiss within 30 days of this order; the United States shall make its intervention determination and, if appropriate, file its notice of intervention and accompanying memorandum in defense of the constitutionality of the Video Privacy Protection Act within thirty days after the filing of any such motion raising a constitutional question or by August 29, 2023, whichever is later. Signed by Judge David A. Ezra. (klw)
July 13, 2023 Filing 35 Joint MOTION for Entry of Scheduling Order Deadlines by United States Of America. (Attachments: #1 Proposed Order)(Devany, Bonnie)
July 11, 2023 Opinion or Order Text Order DENYING #24 Motion to Dismiss without prejudice, subject to refiling after the United States has made its intervention determination. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (btlc)
July 7, 2023 Filing 34 Response in Opposition to Motion, filed by Adam Brown, re #24 CORRECTED MOTION to Dismiss Plaintiff's Complaint filed by Defendant Learfield Communications, LLC, Defendant Sidearm Sports, LLC (Attachments: #1 Affidavit Unsworn Declaration of Patrick Yarborough, #2 Exhibit Ex. 1 - Senate Report 100-599, #3 Exhibit Ex. 2 - USA's Memorandum in Support of the Constitutionality of the Video Privacy Protection Act (Stark v. Patreon, Inc.) (12-05-2022), #4 Exhibit Ex. 3 - USA's Memorandum of Law in Defense of the Constitutionality of the Video Privacy Protection Act (Leslie v. Thomson Reuters Corporation) (04-24-2023))(Yarborough, Donald)
July 5, 2023 Opinion or Order Filing 33 ORDER GRANTING #32 Motion for Extension of Time. Signed by Judge David A. Ezra. (dm)
June 30, 2023 Filing 32 Unopposed MOTION for Extension of Time to File Notice of Intervention by UNITED STATES OF AMERICA. (Attachments: #1 Proposed Order)(Devany, Bonnie)
June 30, 2023 Filing 31 NOTICE of Attorney Appearance by Bonnie Devany on behalf of UNITED STATES OF AMERICA. Attorney Bonnie Devany added to party UNITED STATES OF AMERICA(pty:ip) (Devany, Bonnie)
June 27, 2023 Filing 30 REPLY to Response to Motion, filed by The University of Texas at Austin, The University of Texas at Austin Athletics, re #21 MOTION to Dismiss filed by Defendant The University of Texas at Austin, Defendant The University of Texas at Austin Athletics (Dickerson, Todd)
June 22, 2023 Opinion or Order Filing 29 ORDER GRANTING #28 MOTION for Extension of Time to File Response as to #24 CORRECTED MOTION to Dismiss Plaintiff's Complaint Signed by Judge David A. Ezra. (dm)
June 21, 2023 Filing 28 MOTION for Extension of Time to File Response/Reply as to #24 CORRECTED MOTION to Dismiss Plaintiff's Complaint by Adam Brown. (Attachments: #1 Proposed Order)(Yarborough, Donald)
June 21, 2023 Filing 27 Response in Opposition to Motion, filed by Adam Brown, re #21 MOTION to Dismiss filed by Defendant The University of Texas at Austin, Defendant The University of Texas at Austin Athletics (Attachments: #1 Affidavit Declaration of Patrick Yarborough, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Yarborough, Donald)
June 20, 2023 Opinion or Order Filing 26 ORDER GRANTING #25 Motion for Extension of Time to File Response as to #21 MOTION to Dismiss Signed by Judge David A. Ezra. (dm)
June 16, 2023 Filing 25 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss by Adam Brown. (Attachments: #1 Proposed Order)(Yarborough, Donald)
June 12, 2023 Opinion or Order Text Order MOOTING #22 Motion to Dismiss in light of Corrected Motion to Dismiss. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (btlc)
June 9, 2023 Filing 24 CORRECTED MOTION to Dismiss Plaintiff's Complaint by Learfield Communications, LLC, Sidearm Sports, LLC. (Attachments: #1 Proposed Order)(Hooper, Rachel)
June 9, 2023 Filing 23 NOTICE OF CONSTITUTIONAL QUESTION by Learfield Communications, LLC, Sidearm Sports, LLC (Hooper, Rachel)
June 9, 2023 Filing 22 MOTION to Dismiss Plaintiff's Complaint by Learfield Communications, LLC, Sidearm Sports, LLC. (Attachments: #1 Proposed Order)(Hooper, Rachel)
June 2, 2023 Filing 21 MOTION to Dismiss by The University of Texas at Austin, The University of Texas at Austin Athletics. (Dickerson, Todd)
May 5, 2023 Opinion or Order Filing 20 ORDER GRANTING #19 Motion to Appear Pro Hac Vice as to Bonnie Keane DelGobbo. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David A. Ezra. (dm)
May 4, 2023 Filing 19 MOTION to Appear Pro Hac Vice by Bonnie Keane Delgobbo ( Filing fee $ 100 receipt number ATXWDC-17398687) by on behalf of Learfield Communications, LLC, Sidearm Sports, LLC. (Delgobbo, Bonnie)
May 2, 2023 Filing 18 NOTICE of Attorney Appearance by Todd A. Dickerson on behalf of The University of Texas at Austin, The University of Texas at Austin Athletics. Attorney Todd A. Dickerson added to party The University of Texas at Austin(pty:dft), Attorney Todd A. Dickerson added to party The University of Texas at Austin Athletics(pty:dft) (Dickerson, Todd)
May 2, 2023 Opinion or Order Filing 17 ORDER GRANTING #14 Motion to Appear Pro Hac Vice as to Mark S. Reich. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David A. Ezra. (dm)
May 2, 2023 Filing 16 WAIVER OF SERVICE Returned Executed by Adam Brown as to The University of Texas at Austin Athletics. Waiver sent on 4/5/2023, answer due 6/5/2023. (Yarborough, Donald)
May 2, 2023 Filing 15 WAIVER OF SERVICE Returned Executed by Adam Brown as to The University of Texas at Austin. Waiver sent on 4/5/2023, answer due 6/5/2023. (Yarborough, Donald)
May 1, 2023 Filing 14 MOTION to Appear Pro Hac Vice for MARK S. REICH on behalf of Adam Brown, Filing fee $ 100 receipt number ATXWDC-17383187) by Donald Yarborough. (Attachments: #1 Proposed Order)(Yarborough, Donald) Modified docket text entry on 5/1/2023 (pg).
April 28, 2023 Filing 13 RULE 7 DISCLOSURE STATEMENT filed by Learfield Communications, LLC, Sidearm Sports, LLC identifying Corporate Parent A-L Tier I LLC for Learfield Communications, LLC. (Hooper, Rachel)
April 27, 2023 Opinion or Order Filing 12 ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (pg)
April 26, 2023 Opinion or Order Filing 11 ORDER GRANTING #10 Motion for Extension of Time to Answer ; Learfield Communications, LLC answer due 6/9/2023; Sidearm Sports, LLC answer due 6/9/2023. Signed by Judge Lee Yeakel. (dm)
April 25, 2023 Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Learfield Communications, LLC, Sidearm Sports, LLC. (Attachments: #1 Proposed Order)(Hooper, Rachel)
April 25, 2023 Filing 9 NOTICE of Attorney Appearance by Rachel Palmer Hooper on behalf of Learfield Communications, LLC, Sidearm Sports, LLC. Attorney Rachel Palmer Hooper added to party Learfield Communications, LLC(pty:dft), Attorney Rachel Palmer Hooper added to party Sidearm Sports, LLC(pty:dft) (Hooper, Rachel)
April 17, 2023 Filing 8 SUMMONS Returned Executed by Adam Brown. Sidearm Sports, LLC served on 4/5/2023, answer due 4/26/2023. (Yarborough, Donald)
April 17, 2023 Filing 7 SUMMONS Returned Executed by Adam Brown. Learfield Communications, LLC served on 4/4/2023, answer due 4/25/2023. (Yarborough, Donald)
April 10, 2023 Opinion or Order Filing 6 ORDER GRANTING #5 Motion to Appear Pro Hac Vice as to Marshal J. Hoda. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Lee Yeakel. (dm)
April 5, 2023 Filing 5 MOTION to Appear Pro Hac Vice by Donald Patrick Yarborough Marshal J. Hoda ( Filing fee $ 100 receipt number ATXWDC-17284999) by on behalf of Adam Brown. (Attachments: #1 Proposed Order)(Yarborough, Donald)
April 4, 2023 Filing 4 NOTICE of Attorney Appearance by Donald Patrick Yarborough on behalf of Adam Brown (Yarborough, Donald)
April 3, 2023 Filing 3 SUMMONS ISSUED as to Learfield Communications, LLC, Sidearm Sports, LLC, The University of Texas at Austin, The University of Texas at Austin Athletics. (cc3)
April 3, 2023 Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cc3)
April 3, 2023 DEMAND for Trial by Jury by Adam Brown. (cc3)
April 3, 2023 If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cc3)
April 3, 2023 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Adam Brown. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Yarborough, Donald)
April 3, 2023 Filing 1 COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17272358), filed by Adam Brown. (Attachments: #1 Civil Cover Sheet)(Yarborough, Donald)

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Plaintiff: Adam Brown
Represented By: Donald Patrick Yarborough
Represented By: Jeffrey Lucas Ott
Represented By: Mark S. Reich
Represented By: Marshal J. Hoda
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Defendant: The University of Texas at Austin
Represented By: Todd A. Dickerson
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Defendant: The University of Texas at Austin Athletics
Represented By: Todd A. Dickerson
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Defendant: Learfield Communications, LLC
Represented By: Bonnie Keane Delgobbo
Represented By: Rachel Palmer Hooper
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Defendant: Sidearm Sports, LLC
Represented By: Bonnie Keane Delgobbo
Represented By: Rachel Palmer Hooper
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Intervenor: United States of America
Represented By: Bonnie Devany
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