Case 3:22-cv-03131-JCS Document 34 Filed 09/16/22 Page 1 of 5
`
`BRIAN M. BOYNTON
`Principal Deputy Assistant Attorney General
`Civil Division
`
`LESLEY FARBY
`Assistant Branch Director
`Civil Division, Federal Programs Branch
`
`LESLIE COOPER VIGEN
`Trial Attorney (DC Bar No. 1019782)
`Civil Division, Federal Programs Branch
`United States Department of Justice
`1100 L Street, NW, Washington, DC 20005
`Telephone: (202) 305-0727
`Email: leslie.vigen@usdoj.gov
`
`Counsel for United States
`
`[Additional counsel listed on signature page]
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`
`
`Pursuant to Civil L.R. 6-2, subject to the Court’s approval, the United
`
`States, Plaintiffs, and Defendant, through their undersigned counsel of record,
`HEREBY STIPULATE as follows:
`
`1
`Stipulated Request to Enlarge Time Case No. 3:22-cv-03131-JCS
`
`
`
`Brayden STARK, Judd
`OOSTYEN, Kevin BLACK, and
`Maryann OWENS, individually
`and on behalf of all others
`similarly situated,
`
` Plaintiffs,
`
`
`
`PATREON, INC.,
`
` Defendant.
`
`
`v.
`
`
`
`No. 3:22-cv-03131-JCS
`
`UNITED STATES OF AMERICA’S
`ACKNOWLEDGEMENT OF
`CONSTITUTIONAL
`CHALLENGE, STIPULATED
`REQUEST TO ENLARGE TIME
`TO INTERVENE, AND
`[PROPOSED] ORDER
`
`
`
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`
`BRIAN M. BOYNTON
`Principal Deputy Assistant Attorney General
`Civil Division
`
`LESLEY FARBY
`Assistant Branch Director
`Civil Division, Federal Programs Branch
`
`LESLIE COOPER VIGEN
`Trial Attorney (DC Bar No. 1019782)
`Civil Division, Federal Programs Branch
`United States Department of Justice
`1100 L Street, NW, Washington, DC 20005
`Telephone: (202) 305-0727
`Email: leslie.vigen@usdoj.gov
`
`Counsel for United States
`
`[Additional counsel listed on signature page]
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`
`
`Pursuant to Civil L.R. 6-2, subject to the Court’s approval, the United
`
`States, Plaintiffs, and Defendant, through their undersigned counsel of record,
`HEREBY STIPULATE as follows:
`
`1
`Stipulated Request to Enlarge Time Case No. 3:22-cv-03131-JCS
`
`
`
`Brayden STARK, Judd
`OOSTYEN, Kevin BLACK, and
`Maryann OWENS, individually
`and on behalf of all others
`similarly situated,
`
` Plaintiffs,
`
`
`
`PATREON, INC.,
`
` Defendant.
`
`
`v.
`
`
`
`No. 3:22-cv-03131-JCS
`
`UNITED STATES OF AMERICA’S
`ACKNOWLEDGEMENT OF
`CONSTITUTIONAL
`CHALLENGE, STIPULATED
`REQUEST TO ENLARGE TIME
`TO INTERVENE, AND
`[PROPOSED] ORDER
`
`
`
`1
`2
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`4
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`Case 3:22-cv-03131-JCS Document 34 Filed 09/16/22 Page 2 of 5
`
`On August 6, 2022, Defendant filed a Notice of Constitutional
`1.
`Question pursuant to Federal Rule of Civil Procedure 5.1 and Civil L.R. 3-8. See
`ECF No. 24.
`2.
`In that Notice, Defendant states that its Motion to Dismiss, see ECF
`No. 21, “draws into question the constitutionality of the Video Privacy Protection
`Act (“VPPA”), 18 U.S.C. § 2710,” specifically “whether the VPPA, on its face and as
`Plaintiffs seek to apply it, is unconstitutional because it violates the First
`Amendment to the United States Constitution.” ECF No. 24.
`3.
`The United States is authorized to intervene in any federal court
`action in which the constitutionality of an Act of Congress is drawn into question.
`28 U.S.C. § 2403(a).
`4.
`Pursuant to Federal Rule of Civil Procedure 5.1, the current deadline
`for the United States to intervene is October 5, 2022.
`5.
`The United States has not yet decided whether to intervene in this
`action to defend the constitutionality of the VPPA.
`6.
`The approval of the Solicitor General is required for the United
`States to intervene in an action to defend the constitutionality of a federal statute,
`see 28 C.F.R. § 0.21, and that approval process often takes several weeks.
`7.
`The United States requires additional time to decide whether to
`intervene due to the press of business for counsel for the United States, and
`because the process of determining whether to intervene takes several weeks.
`8.
`For these reasons, the United States, Plaintiffs, and Defendant
`stipulate to provide the United States with 30 additional days—until November 4,
`2022—to decide whether to intervene for the limited purpose of defending the
`constitutionality of the VPPA.
`
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`Stipulated Request to Enlarge Time Case No. 3:22-cv-03131-JCS
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`Case 3:22-cv-03131-JCS Document 34 Filed 09/16/22 Page 3 of 5
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`If the United States decides to intervene, it will be prepared to file
`9.
`its notice of intervention and accompanying memorandum in defense of the
`constitutionality of the statute by no later than November 4, 2022.
`10. This is the first modification of the time for the United States to
`decide whether to intervene in this matter. Plaintiffs and Defendant have
`otherwise stipulated to the following modifications of time:
`i. Extending Defendant’s time to respond to the complaint from
`June 21, 2022 to August 5, 2022, see ECF No. 13; and
`ii. Extending the briefing schedule for Defendant’s motion to dismiss
`as follows, see ECF No. 26:
`1. Continuing the deadline for Plaintiffs’ response until
`September 9, 2022;
`2. Continuing the deadline for Defendant’s reply until
`September 30, 2022; and
`
`3. Continuing the hearing until October 14, 2022.
`11. This stipulated extension will not otherwise affect the deadlines in
`this matter.
`12. This stipulated extension is requested for good cause, and is not
`intended to cause undue delay or otherwise prejudice any party.
`
`IT IS SO STIPULATED.
`
`Dated: September 16, 2022
`
`
`
`
`
`
`
`Respectfully submitted,
`
` BRIAN M. BOYNTON
` Principal Deputy Assistant Attorney General
` Civil Division
`
`
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`Stipulated Request to Enlarge Time Case No. 3:22-cv-03131-JCS
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`Case 3:22-cv-03131-JCS Document 34 Filed 09/16/22 Page 4 of 5
`
`
`
`
` LESLEY FARBY
` Assistant Branch Director
` Civil Division, Federal Programs Branch
`
` /s/ Leslie Cooper Vigen
`
` LESLIE COOPER VIGEN
` Trial Attorney (D.C. Bar No. 1019782)
` Civil Division, Federal Programs Branch
` United States Department of Justice
` 1100 L Street, NW, Washington, D.C. 20005
` Telephone: (202) 305-0727
` Email: leslie.vigen@usdoj.gov
`
` Counsel for United States
`
`
`
`/s/ Simon Grille
`Adam E. Polk (SBN 273000)
`Simon Grille (SBN 294914)
`Kimberly Macey (SBN 342019)
`GIRARD SHARP LLP
`601 California Street, Suite 1400
`San Francisco, CA 94108
`Telephone: (415) 981-4800
`apolk@girardsharp.com
`sgrille@girardsharp.com
`kmacey@girardsharp.com
`
`
`
`
`
`Counsel for Plaintiffs
`
`By:
`/s/ Nathan Walker
`Fred Norton (CA SBN 224725)
`Nathan Walker (CA SBN 206128)
`Bree Hann (CA SBN 215695)
`Gil Walton (CA SBN 324133)
`THE NORTON LAW FIRM PC
`299 Third Street, Suite 200
`Oakland, CA 94607
`Telephone: (510) 906-4900
`fnorton@nortonlaw.com
`nwalker@nortonlaw.com
`bhann@nortonlaw.com
`gwalton@nortonlaw.com
`
`Counsel for Defendant
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`Stipulated Request to Enlarge Time Case No. 3:22-cv-03131-JCS
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`Case 3:22-cv-03131-JCS Document 34 Filed 09/16/22 Page 5 of 5
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`ATTESTATION
`I hereby attest, pursuant to Civil L.R. 5-1(h)(3), that each of the other signatories
`to this stipulation have concurred in the filing of the document.
`
`/s/ Leslie Cooper Vigen
`LESLIE COOPER VIGEN
`
`[PROPOSED] ORDER
`
`PURSUANT TO STIPULATION, IT IS SO ORDERED.
`9/16/2022
`
`Dated:
`
`Hon. Joseph C. Spero
`United States Chief Magistrate Judge
`
`Stipulated Request to Enlarge Time
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