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N.D. Cal.Procedural orderFiled July 8, 2025

Stark v. Patreon, Inc.

Judge
Joseph Spero
Docket
3:22-cv-03131
Court
U.S. District Court · Northern District of California
Pages
3

Counsel21 of record
PLAINTIFF
Girard Sharp LLPLLP6 attorneys
Adam E. Polk, Jordan S. Elias, Reid Wilson Wayman Gaa
OBJECTOR
Theodore Harold Frank Hamilton Lincoln Law Institute
INTERESTED PARTY
Gerstein Harrow LLPLLP2 attorneys
Charles L. Gerstein, Jason Harrow
Jenner & Block LLPLLP
Laurie Edelstein
U.S. Department of Justice Civil Division
Cristen Cori Handley
Arnold & Porter Kaye Scholer LLPLLP
Bonnie Devany
United States Department of Justice
Clayton Louis Bailey
U.S. Department of Justice
Leslie Cooper Vigen
AMICUS
Aaron David Mackey Electronic Frontier Foundation
DEFENDANT
The Norton Law Firm PCPC6 attorneys
Nathan Loy Walker, Bree Hann, Celine Georges Purcell

Counsel of record per CourtListener. Firm names are approximate.

Civil ProcedureClass Action
In one sentence

In Stark v. Patreon, Judge Spero denied Lexclaim’s request to reconsider rulings about settlement opt-out forms.

Who this affects

Lexclaim, the 927 individual class members whose claims it purportedly obtained by assignment, and the parties to the class-action settlement.

What happened

Stark v. Patreon, Inc. concerns Lexclaim’s request to revisit part of an earlier order approving a class-action settlement and ruling on opt-out forms.

Lexclaim asked the court to remove its conclusion that Lexclaim’s own opt-out form was an invalid group opt-out. The court had also found that 927 class members’ purported assignments of their claims to Lexclaim were invalid. Lexclaim argued that the group-opt-out conclusion was unnecessary, unsupported, and inconsistent with the finding that the assignments were invalid.

Judge Spero denied the motion. He ruled that Lexclaim had not shown the required failure to consider important facts or legal arguments, and that the two findings were alternative holdings rather than conflicting ones. He also ruled that Lexclaim repeated an argument it had already made, contrary to the local rule governing reconsideration requests.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Stark v. Patreon, Inc. · No. 3:22-cv-03131
Judge
Joseph Spero
Date
July 8, 2025

Background

On June 5, 2025, the court approved the class-action settlement and ruled on the validity of opt-out forms submitted by Lexclaim. The court found that 927 opt-out forms from individual class members who purportedly assigned their claims to Lexclaim, along with an opt-out form submitted in Lexclaim’s own name, were invalid “group opt-outs” prohibited by the settlement agreement.

Lexclaim filed a motion seeking permission to file a motion for partial reconsideration or, alternatively, partial reconsideration. It asked the court to remove the conclusion that Lexclaim’s own opt-out request was invalid because it was a prohibited group opt-out. Lexclaim argued that conclusion was unnecessary to the relief ordered, unsupported by the court’s reasoning, and inconsistent with the court’s finding that the underlying assignments of the 927 class members’ claims were invalid. Lexclaim also repeated its argument that its form could not be a group opt-out because Lexclaim was a single entity.

Court’s Analysis

The court rejected Lexclaim’s argument under Civil Local Rule 7-9(b)(3), which permits reconsideration when the court has manifestly failed to consider material facts or dispositive legal arguments previously presented. The court stated that even if the group-opt-out conclusion were unnecessary to the relief ordered, that would not establish the required failure. It also held that the findings about the invalid assignments and the prohibited group opt-out were alternative holdings, not conflicting holdings.

The court separately found that Lexclaim violated Civil Local Rule 7-9(c), which prohibits a motion for leave to file a reconsideration motion from repeating arguments previously made about the order at issue. The court concluded that Lexclaim had already made the argument that its single-entity status prevented its form from being a group opt-out. The court stated that reconsideration could not be used to ask it to rethink a conclusion it had already considered.

Disposition

The court denied Lexclaim’s motion for leave to file a motion for partial reconsideration or, in the alternative, for partial reconsideration. The opinion does not change the June 5 findings described above.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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