Calif. AG’s Office Seeks 28-Day Delay for Opening Brief in 9th Circuit Appeal

An Oct. 18 COVID-19 diagnosis forced the office of California Attorney General Rob Bonta (D) to ask the 9th U.S. Circuit Court of Appeals late Wednesday to extend until Dec. 13 the deadline for Bonta’s opening brief in his appeal of the district court's Sept. 18 decision granting NetChoice’s motion for a preliminary injunction to block him from enforcing the state’s Age Appropriate Design Code (see 2310190030), said the office’s unopposed motion (docket 23-2969). Bonta’s lead attorney, Deputy AG Elizabeth Watson, was diagnosed with COVID-19 and “continues to experience symptoms,” said the motion. Watson has returned to work, “and will be working to meet and prepare for various deadlines in other matters,” many of which her illness also affected, during the briefing period, it said. The briefing in the law's appeal “will cover novel legal issues that deserve careful consideration and diligent research, including the appropriate standard of review for laws regulating the collection and use of data,” said the motion. Other attorneys will need to review the briefing before it’s “finalized and filed,” it said. Any “lesser” deadline extension than the 28 days requested “would result in briefing being due on or around the Thanksgiving holiday,” said the motion. Counsel for NetChoice consents to the requested extension with the “understanding” that Bonta’s office won’t oppose a similar extension for NetChoice in the future, it said. Bonta’s office also agreed not to seek a stay of the preliminary injunction order currently in place, said the motion. Under the agreed-on proposed revised schedule, NetChoice’s answering brief would be due Feb. 7, and Bonta’s reply brief would be due March 13, it said. In granting the preliminary injunction, the U.S. District Court for Northern California held that NetChoice was likely to succeed on the merits of its argument that the law violates the First Amendment. The lower court also held that the Children’s Online Privacy Protection Act and the Communications Decency Act's Section 230 preempt it. Bonta filed his notice of appeal Oct. 18 (see 2310190030), the same day Watson's declaration says she was diagnosed with COVID-19.