Labernik v. Augusta National, Inc.

Background

Adam Labernik and Shane Doyle filed a proposed class action against Augusta National, Inc. They allege that Augusta National shared website and newsletter subscribers’ personally identifiable information with Meta through Meta Pixel, in violation of the Video Privacy Protection Act, 18 U.S.C. § 2710.

Augusta National submitted a letter-motion requesting a stay, meaning a pause in the proceedings, while the Second Circuit considered an appeal in Salazar v. National Basketball Association, No. 23-1147. The appeal involved whether a plaintiff had standing to bring a Video Privacy Protection Act claim and whether the plaintiff qualified as a “consumer” under that statute. The parties were preparing to brief issues under Rule 12, which governs certain motions challenging a complaint.

Arguments and Court Action

Augusta National argued that waiting for the Second Circuit’s decision could provide guidance on issues important to this case and avoid briefing under potentially outdated law. It also argued that a stay would serve the interests of the parties, the court, people who are not parties, and the public. The plaintiffs did not oppose the stay.

The court endorsed the application and cited a prior Southern District of New York decision that had stayed a similar Video Privacy Protection Act case pending the Salazar appeal. The court granted the application and directed the Clerk of Court to mark this case as stayed.

Result

Within seven days after the Second Circuit’s decision in Salazar, the parties must file a joint letter addressing the decision’s effect, if any, on this case and identifying any next steps. The Clerk of Court was also directed to terminate ECF No. 10. The opinion does not decide the underlying Video Privacy Protection Act claims.