Backpage.com, LLC v. Thomas Dart
| BACKPAGE.COM, LLC |
| REASON FOUNDATION, CATO INSTITUTE, ASSOCIATION OF ALTERNATIVE NEWSMEDIA, DKT LIBERTY PROJECT, CENTER FOR DEMOCRACY & TECHNOLOGY and ELECTRONIC FRONTIER FOUNDATION |
| THOMAS J. DART |
| 15-3047 |
| September 18, 2015 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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| Filing 58 Filed order from the Supreme Court DENYING the Petition for Writ of Certiorari. 15-1321. [58] [6787404] [15-3047] (VG) [Entered: 10/03/2016 02:03 PM] |
| Filing 57 Filed notice from the Supreme Court of the filing of a Petition for Writ of Certiorari. 15-1321 [57] [6746763] [15-3047] (CMD) [Entered: 04/29/2016 02:33 PM] |
| Filing 55 Mandate issued with bill of costs in the amount of $951.00. Entire record returned consisting of 1 sealed envelope. [55] [6716575] [15-3047] (GW) [Entered: 12/22/2015 11:45 AM] |
| FOR COURT USE ONLY: Certified copy of 12/01/2015 Final Order with Mandate and Bill of Costs sent to the District Court Clerk. [6716581-2] [6716581] [15-3047] (GW) [Entered: 12/22/2015 11:52 AM] |
| Filing 54 Filed Bill of Costs by Appellant Backpage.com, LLC in the amount of $1,079.00. [54] [6714275] [15-3047]--[Edited 12/11/2015 by GW to reflect the correct amount of $951.00 ] (Grant, James) [Entered: 12/11/2015 03:17 PM] |
Filing 53
ORDER re: Appellant's motion for clarification of request for preliminary injunctive relief. The motion for clarification of request for preliminary injunctive relief is DENIED. JKL [ # 50 ] [53] [6711363] [15-3047] (VG) [Entered: 12/01/2015 11:03 AM]
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| Filing 56 INTERNET CITATION NOTE: Material from decision with internet citation. ATTACHED. [56] [15-3047] (BF) [Entered: 04/14/2016 02:23 PM] |
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Filing 52
ORDER: Final judgment filed per opinion. With costs: yes. [52] [6710957] [15-3047] (FP) [Entered: 11/30/2015 11:52 AM]
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| Filing 51 Filed opinion of the court by Judge Posner. REVERSED & REMANDED, WITH DIRECTIONS. Richard A. Posner, Circuit Judge; Kenneth F. Ripple, Circuit Judge and Diane S. Sykes, Circuit Judge. [51] [6710955] [15-3047] (FP) [Entered: 11/30/2015 11:50 AM] |
| Filing 50 Motion filed by Appellant Backpage.com, LLC Clarification of Request for Preliminary Injunctive Relief. [50] [6710658] [15-3047] (Grant, James) [Entered: 11/25/2015 12:22 PM] |
| Filing 49 --[Edited 11/18/2015 by RS to reflect this a response to the November 16, order. Certificate of Service of Notice by Appellee Thomas J. Dart. [49] [6708556] [15-3047] (Ferrara, Jill) [Entered: 11/17/2015 04:10 PM] |
| Filing 48 Amended Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James C. Grant for Appellant Backpage.com, LLC. [48] [6708232] (L-Yes; E-Yes; R-No) [15-3047] (Grant, James) [Entered: 11/16/2015 06:31 PM] |
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Filing 47
ORDER: On September 25, 2015, the appellant filed a motion to enjoin Sheriff Dart, the appellee, from taking any actions to prevent the use by the appellant of credit card services, pending our decision of the appeal. This and related requests for relief are found in paragraphs 12 to 15 of the motion, which is attached to this order. Oral argument of the appeal was held on November 13, 2015, and the panel has decided to grant the injunction pending appeal requested by the appellant. The Court therefore orders: 12. Sheriff Dart, his office, and all employees, agents or others who are acting or have acted for or on behalf of Dart are enjoined from taking any actions to formally or informally request, direct, persuade, coerce, or threaten credit card companies, processors, financial institutions, or any other third parties to discontinue, terminate, disallow or interfere with credit card or other financial services to Backpage.com. 13. Dart shall send a copy of this Order to Visa and MasterCard and all other recipients of his June 29, 2015 letters (e.g., including the directors and investors of Visa and MasterCard), as well as to the Chief Inspector of the United States Postal Service. Dart shall send the Order as directed by electronic delivery within twenty-four (24) hours of its entry, and shall file with the Court copies of the notices he sends. 14. This injunction will issue without the requirement of any security bond. 15. This injunction shall remain in effect for the pendency of the appeal in this action or until further order of this Court.[47] [6707882] [15-3047] (CG) [Entered: 11/16/2015 09:56 AM]
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| Filing 46 Case argued by Mr. Robert Corn-Revere for Appellant Backpage.com, LLC and Ms. Hariklia Karis for Appellee Thomas J. Dart. [46] [6707677] [15-3047] (JO) [Entered: 11/13/2015 12:34 PM] |
| Filing 45 Case heard and taken under advisement by panel: Richard A. Posner, Circuit Judge; Kenneth F. Ripple, Circuit Judge and Diane S. Sykes, Circuit Judge. [45] [6707676] [15-3047] (JO) [Entered: 11/13/2015 12:33 PM] |
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Filing 44
ORDER: This Court has received 1 envelope, document nos. 96, under seal from the district court. All documents filed in this Court, except those required to be sealed by statute or rule are considered public. Pursuant to 7th Circuit Operating Procedure 10(b), documents sealed in the district court will be maintained under seal in this Court for 14 days, to afford time to request the approval required by section (a) of this operating procedure. Absent a motion from a party these sealed documents will be placed in the public record on 11/24/2015. Motion shall be filed by 11/23/2015 [44] [6706511] [15-3047] (RT) [Entered: 11/09/2015 11:20 AM]
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| Filing 43 Supplemental paper record on appeal filed. Contents of record : 1 sealed envelope. [43] [6706053] [15-3047] (SK) [Entered: 11/06/2015 09:26 AM] |
| Filing 42 Appellant's reply brief filed by Appellant Backpage.com, LLC. Paper copies due on 11/13/2015 Electronically Transmitted. [42] [6706048] [15-3047] (SP) [Entered: 11/06/2015 09:22 AM] |
| Filing 41 Received argument confirmation from Hariklia Karis for Appellee Thomas J. Dart. [41] [6705912] [15-3047] (Karis, Hariklia) [Entered: 11/05/2015 03:13 PM] |
| Filing 40 Submitted appellant reply brief by Robert Corn-Revere for Appellant Backpage.com, LLC. [40] [6705898] [15-3047] (Corn-Revere, Robert) [Entered: 11/05/2015 03:02 PM] |
| Filing 39 Amicus brief filed by Amici Curiae Cato Institute, DKT Liberty Project and Reason Foundation, per order. Paper copies due on 11/12/2015 Electronically Transmitted. [39] [6705636] [15-3047] (SK) [Entered: 11/04/2015 03:32 PM] |
| Filing 38 Re-Submitted brief by Ilya Shapiro for Amici Curiae Cato Institute, DKT Liberty Project and Reason Foundation. Leave granted by court order. [38] [6705593] [15-3047] (Shapiro, Ilya) [Entered: 11/04/2015 02:57 PM] |
| Filing 37 Amicus brief filed by Amici Curiae Association of Alternative Newsmedia, Center for Democracy & Technology and Electronic Frontier Foundation per order. Paper copies due on 11/12/2015 Electronically Transmitted. [37] [6705551] [15-3047] (LJ) [Entered: 11/04/2015 02:07 PM] |
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Filing 36
ORDER: The amicus brief submitted by the Cato Institute, Reason Foundation, and DKT Liberty Project does not contain signed disclosure statements for the two attorneys listed on the cover of the brief. The order issued today granting leave to file the submitted amicus brief is AMENDED as follows. The motion to file the amicus brief by the Cato Institute, Reason Foundation, and DKT Liberty Project is GRANTED only to the extent that the organizations shall submit a compliant brief that includes the required disclosure statements by noon on November 6, 2015. If a compliant brief is filed by the deadline, the clerk of this court shall file it INSTANTER. [6705541] [15-3047] (AD) [Entered: 11/04/2015 01:43 PM]
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| Filing 35 Submitted brief by Wayne B. Giampietro for Amici Curiae Association of Alternative Newsmedia, Center for Democracy & Technology and Electronic Frontier Foundation. Leave granted by court order. [35] [6705525] [15-3047] (Giampietro, Wayne) [Entered: 11/04/2015 12:45 PM] |
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Filing 34
ORDER re: 1. Motion of the Cato Institute, Reason Foundation, and DKT Liberty Project for Leave to File a Brief as Amici Curiae in Support of Plaintiff-Appellant and Reversal. 2. Appellant's Motion to Seal and Return Certain Portions of the Record to the District Court. 3. Motion for Leave to File Brief Amicus Curiae of the Center for Democracy & Technology, Electronic Frontier Foundation, and Association of Alternative Newsmedia in Support of Plaintiff-Appellant and Reversal. The motion for leave to file an amicus brief filed by the Cato Institute, Reason Foundation, and DKT Liberty Project is GRANTED. The clerk of this court shall file this tendered amicus brief INSTANTER. The motion for leave to file an amicus brief by Center for Democracy & Technology, Electronic Frontier Foundation, and Association of Alternative Newsmedia is GRANTED to the extent that the organizations shall submit an amicus brief that complies with this court's rules by 11/05/2015. Specifically, the brief must contain disclosure statements for each attorney listed on the cover of the brief. If a compliant brief is filed by 11/05/2015, the clerk of this court shall file it INSTANTER. Appellant's motion to seal is GRANTED to the extent that the clerk of this court shall remove document 84 from this court's docket. The document shall be maintained under seal in the district court. SCR [ # 25 ] [ # 26 ] [ # 29 ] [34] [6705360] [15-3047] (MM) [Entered: 11/04/2015 08:16 AM]
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| Filing 33 Amended Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Hariklia Karis for Appellee Thomas J. Dart. [33] [6705323] (L-No; E-Yes; R-No) [15-3047] (Karis, Hariklia) [Entered: 11/03/2015 04:19 PM] |
| Filing 32 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Hariklia Karis for Appellee Thomas J. Dart. [32] [6705218] (L-No; E-Yes; R-No) [15-3047] --[Edited 11/03/2015 by MM to reflect addition of counsel.] (Karis, Hariklia) [Entered: 11/03/2015 02:24 PM] |
| Filing 31 Received argument confirmation from Robert Corn-Revere for Appellant Backpage.com, LLC. [31] [6705079] [15-3047] (Corn-Revere, Robert) [Entered: 11/03/2015 10:26 AM] |
| Filing 30 Notice to the District Court to transmit the supplemental record consisting of Doc. 52-6 through 52-12 - Appendix in Support of Defendant's Pre-Hearing Brief Exhibits 6 through 12. Supplemental Record on Appeal due by 11/16/2015 [30] [6704780] [15-3047] (SK) [Entered: 11/02/2015 01:18 PM] |
| Filing 29 Filed Non-Party Motion for Leave to File Brief Amicus Curiae by Center for Democracy & Technology, Electronic Frontier Foundation and Association of Alternative Newsmedia. [6703720] [15-3047] (Giampietro, Wayne) [Entered: 10/28/2015 12:18 PM] |
| Filing 28 Appellee's brief filed by Appellee Thomas J. Dart. Paper copies due on 11/03/2015 Electronically Transmitted. [28] [6703266] [15-3047] (SK) [Entered: 10/27/2015 10:13 AM] |
| Filing 27 Submitted appellee brief by Jill V. Ferrara for Appellee Thomas J. Dart. [27] [6703177] [15-3047] (Ferrara, Jill) [Entered: 10/26/2015 08:50 PM] |
| Filing 26 Motion by Appellant Backpage.com, LLC to seal certain portions of the record and to return certain portions of the record to the district court. [26] [6702772] [15-3047] (Grant, James) [Entered: 10/23/2015 08:59 PM] |
| Filing 25 Filed Non-Party Motion by Cato Institute, Reason Foundation, and DKT Liberty Project. [6702499] [15-3047] (Shapiro, Ilya) [Entered: 10/23/2015 09:43 AM] |
| Filing 24 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ronald G. London for Appellant Backpage.com, LLC. [24] [6700539] (L-No; E-Yes; R-No) [15-3047] [Edited 10/16/2015 by CAG to reflect the addition of counsel.] (London, Ronald) [Entered: 10/15/2015 06:04 PM] |
| Filing 23 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Robert Corn-Revere for Appellant Backpage.com, LLC. [23] [6700538] (L-No; E-Yes; R-No) [15-3047] [Edited 10/16/2015 by CAG to reflect the addition of counsel.] (Corn-Revere, Robert) [Entered: 10/15/2015 05:59 PM] |
| Filing 22 Filed electronic transcript of proceedings held on 7/23/15, 7/28/15, 8/13/15, 8/20/15. [22] [6700246] THIS TRANSCRIPT IS FOR INTERNAL COURT USE ONLY. Remote electronic access to the transcript is ONLY available through the District Court's PACER system. [15-3047] (SK) [Entered: 10/15/2015 11:07 AM] |
| Filing 21 Original record on appeal filed electronically. Contents of record : 1 vol. of pleadings (7 PDFs); 1 sealed document. [21] [6700242] [15-3047] (SK) [Entered: 10/15/2015 11:03 AM] |
| Filing 20 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ilya Shapiro for Cato Institute. [20] [6700076] (L-Yes; E-Yes; R-No) [15-3047] (Shapiro, Ilya) [Entered: 10/14/2015 03:42 PM] |
| Filing 19 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James C. Grant for Appellant Backpage.com, LLC. [19] [6698785] (L-Yes; E-Yes; R-No) [15-3047] (Grant, James) [Entered: 10/08/2015 01:36 PM] |
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Filing 18
ORDER: re: 1. Appellant's motion for expedited appeal and injunction pending appeal. 2. Response of the defendant-appellee, Sheriff Thomas J.Dart, to appellant's motion for expedited appeal and injunction pending appeal. [ # 7 ], Appellant's motion for an injunction pending appeal is DENIED. Appellant's motion to expedite is GRANTED to the extent that no extensions to the briefing schedule will be allowed and briefing shall proceed as follows: Appellee's brief due on or before 10/26/2015 for Thomas J. Dart. Appellant's reply brief, if any, is due on or before 11/05/2015 for Appellant Backpage.com, LLC. Because oral argument is scheduled for November 13, 2015, the paper copies of the reply brief are due the same day as the brief. SCR [18] [6698718] [15-3047] (CG) [Entered: 10/08/2015 10:58 AM]
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| Filing 17 Argument set for Friday, November 13, 2015, at 9:30 a.m. in the Main Courtroom, Room 2721. Each side limited to 20 minutes. [17] [6698667] [15-3047] (RS) [Entered: 10/08/2015 09:31 AM] |
| Filing 16 Notice to the District Court to transmit the record on appeal. [16] [6698656] [15-3047] (RS) [Entered: 10/08/2015 09:14 AM] |
| Filing 15 Filed Response in Opposition by Appellee Thomas J. Dart to Appellant's Motion for Expedited Appeal and Injunction Pending Appeal. [15][6698204] [15-3047] (Ferrara, Jill) [Entered: 10/06/2015 05:18 PM] |
| Filing 12 Re-Submitted appellant brief by James C. Grant for Appellant Backpage.com, LLC. [12] [6697409] [15-3047] (Grant, James) [Entered: 10/02/2015 06:25 PM] |
| Filing 11 Filed Seventh Circuit Transcript Information Sheet by Appellant Backpage.com, LLC. [11] [6696668] [15-3047] (Grant, James) [Entered: 09/30/2015 06:10 PM] |
| Filing 10 Filed Seventh Circuit Transcript Information Sheet by Appellant Backpage.com, LLC. [10] [6696588] [15-3047] (Grant, James) [Entered: 09/30/2015 03:41 PM] |
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Filing 8
ORDER: Filed clerk's notice to Appellee Thomas J. Dart to file a response to APPELLANT'S MOTION FOR EXPEDITED APPEAL AND INJUNCTION PENDING APPEAL. Appellee shall file a response by 10/06/2015. Appellee is reminded that his response brief is due within 30 days after the appellant's principal brief was served. See Fed. R. App. P. 31(a)(1). SCR [8] [6696131] [15-3047] (MM) [Entered: 09/29/2015 12:14 PM]
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| Filing 14 Filed Supplemental Appendix by Appellant Backpage.com, LLC. [14] [6697636] Paper copies due on 10/13/2015 [15-3047] (CO) [Entered: 10/05/2015 02:42 PM] |
| Filing 13 Appellant's brief filed by Appellant Backpage.com, LLC. Paper copies due on 10/13/2015 Electronically Transmitted. [13] [6697633] [15-3047] (CO) [Entered: 10/05/2015 02:40 PM] |
| Filing 9 Brief deficiency letter sent to Appellant Backpage.com, LLC. [9] [6696445] [15-3047] (CO) [Entered: 09/30/2015 11:11 AM] |
| Filing 7 Motion filed by Appellant Backpage.com, LLC to expedite appeal. [7] [6695675] [15-3047] (Grant, James) [Entered: 09/25/2015 09:25 PM] |
| Filing 6 Submitted appellant brief by James C. Grant for Appellant Backpage.com, LLC. [6] [6695674] [15-3047] (Grant, James) [Entered: 09/25/2015 09:20 PM] |
| Filing 5 Appearance form filed by Attorney Daniel F. Gallagher for Appellee Thomas J. Dart. [5] [6695439] (L-Yes; E-Yes; R-No) [15-3047] [Edited 09/25/2015 by CAG to reflect the addition of counsel.] (Gallagher, Daniel) [Entered: 09/25/2015 11:17 AM] |
| Filing 4 Docketing Statement filed by Appellant Backpage.com, LLC. Prior or Related proceedings: No. [4] [6695116] [15-3047] (Grant, James) [Entered: 09/24/2015 12:45 PM] |
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Filing 3
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 11/23/2015 for Backpage.com, LLC. Appellee's brief due on or before 12/23/2015 for Thomas J. Dart. Appellant's reply brief, if any, is due on or before 01/06/2016 for Appellant Backpage.com, LLC. RJS [6694870] [15-3047] (VG) [Entered: 09/23/2015 02:13 PM]
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| Filing 2 Notice of Circuit Rule 33 settlement conference issued. The conference will be conducted by phone, Wednesday, October 21, 2015 at 9:30 a.m. Central Time. See Notice for further details and requirements. RJS [2] [6694866] [15-3047] (VG) [Entered: 09/23/2015 02:08 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant Backpage.com, LLC by 09/24/2015. Transcript information sheet due by 10/02/2015. Appellant's brief due on or before 10/28/2015 for Backpage.com, LLC. [1] [6693666] [15-3047] (VG) [Entered: 09/18/2015 12:29 PM] |
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