Kenneth Macek, et al v. Draftkings Inc, et al
| KENNETH MACEK, MATTHEW HARNER, AVI SETTON, LIONEL ALICEA, SHANE SPENCER and RANGARAJ SADAGOPAN, individually and on behalf of all others similarly situated |
| GOLDEN NUGGET ONLINE GAMING LLC, DRAFTKINGS INC. and CROWN PA GAMING INC., DBA DraftKings |
| 26-1903 |
| April 21, 2026 |
| U.S. Court of Appeals, Third Circuit |
| Other Fraud |
Docket Report
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| Filing 51 COMPLIANCE RECEIVED. (7) hard copies of Reply Brief received from Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer. Received on 10/13/2026. (EAF) [Entered: 10/14/2026 03:19 PM] |
| Filing 50 TEXT ORDER (Clerk) motion filed by Appellants Kenneth Macek, Matthew Harner, Avi Setton, Lionel Alicea, Shane Spencer and Rangaraj Sadagopan to file a supplmental appendix is granted with filing as of 10/01/2026. It is noted that if costs are awarded, costs cannot be recovered for any documents which are duplicative of documents contained in any previously filed appendix or supplemental appendix. (CLW) [Entered: 10/14/2026 02:35 PM] |
| Filing 49 HARD COPY RECEIVED from Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer - Reply Brief. Copies: 7. (TMS) [Entered: 10/13/2026 02:28 PM] |
| Filing 48 COMPLIANCE RECEIVED. Motion to file supplemental appendix from Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer. Received on 10/07/2026. (EMA) [Entered: 10/09/2026 03:16 PM] |
| Filing 47 TEXT ORDER (Clerk) directing Attorney Isaac Green, Esq. for Appellants Kenneth Macek, Matthew Harner, Avi Setton, Lionel Alicea, Shane Spencer and Rangaraj Sadagopan to submit (7) hard copies in GRAY covers for the Reply Brief filed on 10/1/26. Due on or before 10/13/2026.This Order does not change the deadline for filing the next brief. (EAF) [Entered: 10/08/2026 10:36 AM] |
| Filing 46 HARD COPY RECEIVED from Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer - Supplemental Appendix. Copies: 4. Volumes: 1 Received: 7. (EAF) [Entered: 10/08/2026 10:25 AM] |
| Filing 45 HARD COPY RECEIVED from Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer - Reply Brief. Copies: 7. (NON-COMPLIANT) (PAR) [Entered: 10/08/2026 09:39 AM] |
| Filing 44 ECF FILER: Motion filed by Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer for leave to file a supplemental appendix. Certificate of Service dated 10/07/2026. Service made by ECF. [Entry edited to reflect the correct relief requested] [26-1903]--[Edited 10/09/2026 by EMA] (IG) [Entered: 10/07/2026 04:47 PM] |
| Filing 43 TEXT ORDER (Clerk) directing Attorney Isaac Green, Esq. for Appellants Kenneth Macek, Matthew Harner, Avi Setton, Lionel Alicea, Shane Spencer and Rangaraj Sadagopan to submit a motion to file supplemenal appendix for the supplemental appendix e-filed on 10/01/2026. Due on or before 10/09/2026. (EMA) [Entered: 10/06/2026 04:16 PM] |
| Filing 42 ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer. Certificate of service dated 10/01/2026 by ECF. [26-1903] (IG) [Entered: 10/01/2026 05:02 PM] |
| Filing 41 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer. Certificate of Service dated 10/01/2026 by ECF. [26-1903] (IG) [Entered: 10/01/2026 04:59 PM] |
| Filing 40 TEXT ORDER (Clerk) granting unopposed motion filed by Appellants Kenneth Macek, Matthew Harner, Avi Setton, Lionel Alicea, Shane Spencer and Rangaraj Sadagopan for extension of time to file reply brief. Appellant's reply brief must be filed and served on or October 1, 2026. Pursuant to 3d Cir. L.A.R. 31.4, only one motion for extension of time to file a reply brief may be granted.. (CLW) [Entered: 09/02/2026 12:23 PM] |
| Filing 39 ECF FILER: UNOPPOSED Motion filed by Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer for Extension of Time to file Appellants' Reply Brief and set October 1, 2026 as the deadline for any reply in support of Appellants' Motion to Certify a Question of State Law to the Supreme Court of Pennsylvania. until/for 14 Days. Certificate of Service dated 09/02/2026. Service made by ECF. [26-1903] (IG) [Entered: 09/02/2026 10:27 AM] |
| Filing 38 ECF FILER: ENTRY OF APPEARANCE from Richard Patch on behalf of Appellee(s) DraftKings Inc., Golden Nugget Online Gaming LLC and Crown PA Gaming LLC (formerly Crown PA Gaming Inc.) d/b/a DraftKings. [26-1903] (RRP) [Entered: 08/31/2026 01:36 PM] |
| Filing 37 TEXT ORDER (Clerk) directing Attorney Richard R. Patch, Esq. for Appellees DraftKings Inc., Crown PA Gaming Inc. and Golden Nugget Online Gaming LLC to file an Entry of Appearance pursuant to L.A.R. 46.2. Due on or before 09/03/2026. (EMA) [Entered: 08/31/2026 12:48 PM] |
| Filing 36 HARD COPY RECEIVED from Appellees Crown PA Gaming Inc., DraftKings Inc. and Golden Nugget Online Gaming LLC - Brief. Copies: 7. (TMS) [Entered: 08/28/2026 12:07 PM] |
| Filing 35 ECF FILER: Response filed by Appellees Crown PA Gaming Inc., DraftKings Inc. and Golden Nugget Online Gaming LLC to motion. Certificate of Service dated 08/27/2026. SEND TO MERITS PANEL. [26-1903]--[Edited 08/27/2026 by JK] (RRP) [Entered: 08/27/2026 02:32 PM] |
| Filing 34 ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Crown PA Gaming Inc., DraftKings Inc. and Golden Nugget Online Gaming LLC. Certificate of Service dated 08/27/2026 by ECF. [26-1903] (RRP) [Entered: 08/27/2026 02:23 PM] |
| Filing 33 HARD COPY RECEIVED from Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer - Addendum to Brief. Copies: 7. (PAR) [Entered: 07/17/2026 11:31 AM] |
| Filing 32 TEXT ORDER (Clerk) granting motion filed by Appellants Kenneth Macek, Matthew Harner, Avi Setton, Lionel Alicea, Shane Spencer and Rangaraj Sadagopan for leave to file brief out of time, with filing as of July 7, 2026. It is noted that Appellees' brief is due to be filed and served on or before August 27, 2026. (ARR) [Entered: 07/14/2026 09:27 AM] |
| Filing 31 COMPLIANCE RECEIVED. Motion to file Opening Brief Instanter and Electronic Addendum to Brief received from Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer. (MCW) [Entered: 07/13/2026 05:22 PM] |
| Filing 30 ECF FILER: ELECTRONIC ADDENDUM to BRIEF on behalf of Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer. Certificate of Service dated 07/13/2026 by ECF. [26-1903] (IG) [Entered: 07/13/2026 03:53 PM] |
| Filing 29 ECF FILER: Motion filed by Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer to file Appellants' Opening Brief out of time. Certificate of Service dated 07/13/2026. Service made by ECF. [26-1903] (IG) [Entered: 07/13/2026 03:47 PM] |
| Filing 28 TEXT ORDER (Clerk) directing Attorney Isaac Green, Esq., counsel for Appellants, to file an Addendum to Brief containing the Standard of Review and Statement of Related Cases in electronic and paper format 7 hard copies with blue covers. Also, counsel must electronically file a Motion for leave to file Brief and Appendix out of time with a Certificate of Service attached. Due on or before 07/13/2026, Please note that a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time. (MCW) [Entered: 07/10/2026 05:34 PM] |
| Filing 27 HARD COPY RECEIVED from Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer - Appendix. Copies: 4. Volumes: 1 Received: 7. (MCW) [Entered: 07/10/2026 03:44 PM] |
| Filing 26 HARD COPY RECEIVED from Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer - Brief. Copies: 7. (PAR) [Entered: 07/10/2026 12:25 PM] |
Filing 25
ORDER (Clerk) granting motion for extension of time filed by Appellees DraftKings Inc., Crown PA Gaming Inc. and Golden Nugget Online Gaming LLC. Appellees brief and response to motion to certify question of state law must be filed and served on or before August 27, 2026. (KR) [Entered: 07/10/2026 12:00 PM]
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Filing 24
ORDER (Clerk) referring to the merits panel the Motion requesting Certification of State Law pursuant to Third Circuit LAR Misc. 110 filed by Appellants Kenneth Macek, Matthew Harner, Avi Setton, Lionel Alicea, Shane Spencer and Rangaraj Sadagopan and any response. (KR) [Entered: 07/10/2026 09:03 AM]
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| Filing 23 ECF FILER: UNOPPOSED Motion filed by Appellees Crown PA Gaming Inc., DraftKings Inc. and Golden Nugget Online Gaming LLC for Extension of Time to file Appellees' Responsive Brief and Response to Appellants' Motion to Certify Question of State Law to the Supreme Court of Pennsylvania until/for 08/27/2026. Certificate of Service dated 07/09/2026. Service made by ECF. [26-1903] (CEY) [Entered: 07/09/2026 02:13 PM] |
| Filing 22 ECF FILER: Motion filed by Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer requesting Certification of State Law to Supreme Court of Pennsylvania pursuant to Third Circuit LAR Misc. 110. Certificate of Service dated 07/07/2026. Service made by ECF. [26-1903] [SEND TO MERITS]--[Edited 07/10/2026 by KR] (IG) [Entered: 07/07/2026 05:15 PM] |
| Filing 21 ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer. Certificate of Service dated 07/07/2026 by ECF. [26-1903] (IG) [Entered: 07/07/2026 05:04 PM] |
| Filing 20 TEXT ORDER (Clerk) granting unopposed motion filed by Appellants Kenneth Macek, Matthew Harner, Avi Setton, Lionel Alicea, Shane Spencer and Rangaraj Sadagopan for extension of time to file brief and appendix until July 7, 2026. (ARR) [Entered: 06/17/2026 01:56 PM] |
| Filing 19 ECF FILER: UNOPPOSED Motion filed by Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer for Extension of Time to file Opening Brief until/for 21 days, up to including July 7, 2026. Certificate of Service dated 06/11/2026. Service made by ECF. [26-1903] (IG) [Entered: 06/11/2026 05:56 PM] |
| Filing 18 ECF FILER: ENTRY OF APPEARANCE from Clifford E. Yin on behalf of Appellee(s) DraftKings Inc., Golden Nugget Online Gaming LLC and Crown PA Gaming LLC (formerly Crown PA Gaming Inc.) d/b/a DraftKings. [26-1903] (CEY) [Entered: 05/11/2026 01:49 PM] |
| Filing 17 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (KR) [Entered: 05/07/2026 08:07 AM] |
| Filing 16 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer due on or before 06/16/2026. Appendix due on or before 06/16/2026. (KR) [Entered: 05/07/2026 08:04 AM] |
| Filing 15 ECF FILER: ENTRY OF APPEARANCE from Jon Loevy on behalf of Appellant(s) Kenneth Macek, Matthew Harner, Avi Setton, Lionel Alicea, Shane Spencer, Rangaraj Sadagopan. [26-1903] (JIL) [Entered: 05/05/2026 04:31 PM] |
| Filing 14 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Avi Setton, Rangaraj Sadagopan and Shane Spencer advising this court that no transcripts are available. [26-1903] (IG) [Entered: 05/05/2026 04:25 PM] |
| Filing 13 ECF FILER: Concise Summary of the Case filed by Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer. [26-1903] (IG) [Entered: 05/05/2026 04:21 PM] |
| Filing 12 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer. [26-1903] (IG) [Entered: 05/05/2026 04:20 PM] |
| Filing 11 ECF FILER: ENTRY OF APPEARANCE from Isaac Green on behalf of Appellant(s) Kenneth Macek, Matthew Harner, Avi Setton, Lionel Alicea, Shane Spencer, Rangaraj Sadagopan. [26-1903] (IG) [Entered: 05/05/2026 04:17 PM] |
| Filing 10 ECF FILER: DISCLOSURE STATEMENT on behalf of Crown PA Gaming LLC (FKA Crown PA Gaming Inc.) d/b/a DraftKings. [26-1903] (LRS) [Entered: 05/05/2026 02:56 PM] |
| Filing 9 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Golden Nugget Online Gaming LLC. [26-1903] (LRS) [Entered: 05/05/2026 02:54 PM] |
| Filing 8 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Draftkings Inc. [26-1903] (LRS) [Entered: 05/05/2026 02:53 PM] |
| Filing 7 ECF FILER: AMENDED ENTRY OF APPEARANCE from Sarah E. Peterson on behalf of Appellee(s) DraftKings Inc., Golden Nugget Online Gaming LLC and Crown PA Gaming LLC (formerly Crown PA Gaming Inc.) d/b/a DraftKings. [26-1903] (SEP) [Entered: 05/05/2026 01:40 PM] |
| Filing 6 ECF FILER: AMENDED ENTRY OF APPEARANCE from Laura Seegal on behalf of Appellee(s) DraftKings Inc., Golden Nugget Online Gaming LLC and Crown PA Gaming LLC (formerly Crown PA Gaming Inc.) d/b/a DraftKings. [26-1903] (LRS) [Entered: 05/05/2026 01:10 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Laura Seegal on behalf of Respondent(s) DraftKings Inc., Golden Nugget Online Gaming LLC and Crown PA Gaming LLC (formerly Crown PA Gaming Inc.) d/b/a DraftKings. [26-1903] (LRS) [Entered: 05/04/2026 07:18 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Sarah E. Peterson on behalf of Respondent(s) DraftKings Inc., Golden Nugget Online Gaming LLC and Crown PA Gaming LLC (formerly Crown PA Gaming Inc.) d/b/a DraftKings. [26-1903] (SEP) [Entered: 05/04/2026 07:15 PM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (KR) [Entered: 04/21/2026 02:57 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (KR) [Entered: 04/21/2026 02:57 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Lionel Alicea, Matthew Harner, Kenneth Macek, Rangaraj Sadagopan, Avi Setton and Shane Spencer in District Court No. 5:25-cv-01995. (KR) [Entered: 04/21/2026 02:53 PM] |
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