Spider Labs LTD. v. John Doe

Filing 22

ORDER. Spider Labs, Ltd.'s Motion for Leave to File Supplemental Brief (ECF No. 18 ) is GRANTED; On or before Wednesday, November 18, 2020, Spider Labs may file a supplemental brief, not exceeding five pages in length, to address the issue of w hether Doe is entitled to invoke the First Amendment; and within five business days of the service of Spider Labs' supplemental brief, Doe may file a response, subject to the same limitations set forth in (2) above. By Judge Raymond P. Moore on November 12, 2020. (rvill, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 20-mc-00145-RM
SPIDER LABS, LTD.
Respondent,
v.
JOHN DOE,
Movant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before the Court on Spider Labs, Ltd.’s Motion for Leave to File
Supplemental Brief, which John Doe opposes. After reviewing the record, and being otherwise
fully advised, the Court grants the motion. The Court does so for at least two reasons.
First, because Spider Labs argues the issue is one of standing. It is unclear whether
Spider Labs is asserting Article III standing or “prudential standing” is at issue. See The
Wilderness Soc’y. v. Kane Cty., 632 F.3d 1162, 1168 (10th Cir. 2011) (en banc) (discussing the
two strands of standing). The Court may raise either strand sua sponte. In re Peeples, 880 F.3d
1207, 1212 (10th Cir. 2018) (Article III standing); Hobby Lobby Stores, Inc. v. Sebelius, 723
F.3d 1114, 1162 (10th Cir. 2013) (Bacharach, J., concurring) (prudential standing).
Next, because briefing is not yet complete. Thus, the Court finds no prejudice to Doe to
allow the supplement, and no undue delay in resolving the motion to quash. Instead, the limited
additional briefing will allow the Court to be fully apprised of all the issues and arguments.

Based on the foregoing, it is ORDERED
(1) That Spider Labs, Ltd.’s Motion for Leave to File Supplemental Brief (ECF No. 18)
is GRANTED;
(2) That, on or before Wednesday, November 18, 2020, Spider Labs may file a
supplemental brief, not exceeding five pages in length,1 to address the issue of
whether Doe is entitled to invoke the First Amendment; and
(3) That, within five business days of the service of Spider Labs’ supplemental brief, Doe
may file a response, subject to the same limitations set forth in (2) above.
DATED this 12th day of November, 2020.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

1

Excluding the certificate of service.
2