Wilbur-Ellis Company LLC v. Cody Downing
| Wilbur-Ellis Company, LLC |
| Cody Downing |
| 25-2865 |
| September 23, 2025 |
| U.S. Court of Appeals, Eighth Circuit |
| Defend Trade Secret Act 2016 |
Docket Report
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| Paper copies Appellant/Petitioner Brief, [ # 5617328-2 ] filed by Cody Downing 1 REDACTED AND 9 UNREDACTED paper copies received w/Addendum attached Brief of Wilbur-Ellis Company due 04/06/2026. [5619600] [25-2865] (DNS) [Entered: 03/18/2026 09:37 AM] |
| RECORD FILED - APLNT/PET APPENDIX, 4 volumes, 1 box, Comments: SEALED: VOLUMES I-III ARE SEALED. 3 copies. [5619588] [25-2865] (DNS) [Entered: 03/18/2026 09:24 AM] |
| REDACTED BRIEF FILED - APPELLANT BRIEF filed by Cody Downing w/service 03/11/2026 , Length: 11,875 words 1 REDACTED paper copy of brief, and 9 UNREDACTED paper copies of brief (WITHOUT THE APPELLATE PDF FOOTER) FROM Cody Downing due 03/16/2026 WITH certificate of service for paper briefs. Disc for sealed brief due 03/16/2026. Appellee's brief deadline will be set based on the Certificate of Service in the Paper Briefs. [5617328] [25-2865] (DNS) [Entered: 03/11/2026 01:09 PM] |
| APPELLANT brief of Cody Downing submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5616470] [25-2865] (ZBB) [Entered: 03/09/2026 06:01 PM] |
| CLERK ORDER: Appellant is directed to file an appendix which places all of the sealed materials in separate volumes to remain sealed until further order of court. The remaining volumes of the appendix shall not be sealed. The redacted brief filed on February 10, 2026 is stricken and the Appellant is directed to submit a brief with appendix citations matching the new appendix. Appellants appendix and brief are due March 9, 2026. [ # 5606410-2 ] [5613535] [25-2865] (DNS) [Entered: 03/02/2026 01:06 PM] |
| JUDGE ORDER: Appellants motions to seal the brief and to seal the addendum were previously granted subject to further order of court. The court, having reviewed these motions, takes the motions with the case. Appellants motion to seal the appendix will also be taken with the case. [ # 5602497-2 ], [ # 5602494-2 ], [ # 5610971-2 ] - FOR CAL Adp Feb 2026 [5613531] [25-2865] (DNS) [Entered: 03/02/2026 01:00 PM] |
| Tendered Table of Contents for Submitted Appendix received from Zachary B. Busey for Cody Downing [5611205] [25-2865] (NDG) [Entered: 02/24/2026 10:26 AM] |
| MOTION for leave to submit appendix under seal, filed by Attorney Zachary B. Busey for Appellant Cody Downing w/service 02/23/2026. [5610971] [25-2865] - FOR CAL (NDG) [Entered: 02/23/2026 03:49 PM] |
| CLERK ORDER: The motions for leave to file appellant's brief and addendum under seal are granted subject to further order of the court. [ # 5602497-2 ], [ # 5602494-2 ] The Court is hereby sealing the following: Appellant's brief and addendum. Disc for sealed brief and sealed addendum due 02/17/2026. 1 REDACTED Paper copy of the brief and 10 SEALED Copies of the brief with addendum due 02/17/2026. [5606401] [25-2865] (AMT) [Entered: 02/10/2026 08:59 AM] |
| SEALED ADDENDUM of APPELLANT FILED by Appellant Cody Downing , w/service 02/10/2026. THIS ADDENDUM IS FILED UNDER SEAL AND IS NOT AVAILABLE ON PACER. [5606413] [25-2865] (AMT) [Entered: 02/10/2026 09:06 AM] |
| ***STRICKEN PER CLERK ORDER OF MARCH 2, 2026*** REDACTED BRIEF FILED - APPELLANT BRIEF filed by Cody Downing. w/service 02/10/2026 , Length: 11,875 words 1 REDACTED PAPER BRIEF AND 10 PAPER COPIES OF SEALED BRIEF WITH ADDENDUM (WITHOUT THE APPELLATE PDF FOOTER) FROM Cody Downing due 02/17/2026 WITH certificate of service for paper briefs Appellee's brief deadline will be set based on the Certificate of Service in the Paper Briefs. [5606410] [25-2865] --[Edited 03/02/2026 by DNS to indicate stricken] (AMT) [Entered: 02/10/2026 09:06 AM] |
| MOTION to seal addendum, filed by Attorney Zachary B. Busey for Appellant Cody Downing w/service 01/23/2026. [5602497] [25-2865] - FOR CAL --[Edited 03/02/2026 by DNS] This motion to seal, which was previously granted subject to order of the court has been ordered taken with the case pursuant to the order dated March 2, 2026. (DNS) [Entered: 01/29/2026 01:44 PM] |
| MOTION to seal entire brief, filed by Attorney Zachary B. Busey for Appellant Cody Downing w/service 01/23/2026. [5602494] [25-2865] - FOR CAL --[Edited 03/02/2026 by DNS] This motion to seal, which was previously granted subject to order of the court has been ordered taken with the case pursuant to the order dated March 2, 2026. (DNS) [Entered: 01/29/2026 01:40 PM] |
| APPELLANT brief of Cody Downing submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5600461] [25-2865] (ZBB) [Entered: 01/23/2026 02:33 PM] |
| CLERK ORDER: Granting [ # 5598344-2 ] motion for extension of time to cure brief and addendum deficiencies filed by Zachary B. Busey. Appellant's brief and addendum due 01/23/2026. [5598680] [25-2865] (DNS) [Entered: 01/20/2026 01:21 PM] |
| MOTION for extension of time to file Revised Brief & Addendum until 01/23/2026[5598344], filed by Attorney Zachary B. Busey for Appellant Cody Downing w/service 01/19/2026. [5598344] [25-2865] (ZBB) [Entered: 01/19/2026 05:02 PM] |
| Brief deficiency notice sent to counsel, Attorney Zachary B. Busey for Appellant Cody Downing. [5597435] [25-2865] (DNS) [Entered: 01/14/2026 03:47 PM] |
| Addendum deficiency notice sent to counsel, Attorney Zachary B. Busey for Appellant Cody Downing. New electronic copy of addendum due on 01/20/2026 [5597442] [25-2865] (DNS) [Entered: 01/14/2026 03:50 PM] |
| Addendum of APPELLANT submitted for review by Cody Downing. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5596502] [25-2865] (ZBB) [Entered: 01/12/2026 09:28 PM] |
| APPELLANT brief of Cody Downing submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5596501] [25-2865] (ZBB) [Entered: 01/12/2026 09:27 PM] |
| CLERK ORDER: Granting [ # 5586708-2 ] motion for extension of time to file brief filed by Zachary B. Busey. Brief of Cody Downing due 01/12/2026. Appendix due on 01/12/2026. [5586807] [25-2865] (DNS) [Entered: 12/10/2025 02:48 PM] |
| MOTION for extension of time to file brief until 01/12/2026, filed by Attorney Zachary B. Busey for Appellant Cody Downing w/service 12/10/2025. [5586708] [25-2865] (ZBB) [Entered: 12/10/2025 12:20 PM] |
| CLERK ORDER: Granting [ # 5576625-2 ] motion for extension of time to file brief filed by Zachary B. Busey. Brief of Cody Downing due 12/12/2025. Appendix due on 12/12/2025. [5576743] [25-2865] (DNS) [Entered: 11/10/2025 09:34 AM] |
| MOTION for extension of time to file brief until 12/12/2025, filed by Attorney Zachary B. Busey for Appellant Cody Downing w/service 11/07/2025. [5576625] [25-2865] (ZBB) [Entered: 11/07/2025 04:24 PM] |
| RECORD FILED - SEALED TRANSCRIPT, 4 volumes, Comments: Trial Transcript - District Court documents #308 - #311 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / SI, Dt. of Proceeding/Hearing: 04/21/2025 - 04/24/2025, Court Reporter: Ray, Karla [5569263] [25-2865] (STL) [Entered: 10/20/2025 09:30 AM] |
| RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: District Court document #190 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / SI, Dt. of Proceeding/Hearing: 08/16/2024, No. of Pgs.: 18, Court Reporter: Ray, Karla [5568179] [25-2865] (STL) [Entered: 10/15/2025 04:11 PM] |
| RECORD FILED - HEARING TRANSCRIPT, 1 volumes, Comments: Final Pretrial Conference - District Court document #273 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / SI, Dt. of Proceeding/Hearing: 03/11/2025, No. of Pgs.: 101, Court Reporter: Ray, Karla [5568187] [25-2865] (STL) [Entered: 10/15/2025 04:16 PM] |
| RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: District Court document #219 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / SI, Dt. of Proceeding/Hearing: 12/10/2024, No. of Pgs.: 37, Court Reporter: Ray, Karla [5568183] [25-2865] (STL) [Entered: 10/15/2025 04:14 PM] |
| RECORD FILED - HEARING TRANSCRIPT, 1 volumes, Comments: Teleconference Proceeding - District Court document #178 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / SI, Dt. of Proceeding/Hearing: 08/08/2024, No. of Pgs.: 18, Court Reporter: Fauber, Brenda [5568176] [25-2865] (STL) [Entered: 10/15/2025 04:09 PM] |
| RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: Motion for Sanctions Proceedings - District Court document #177 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / SI, Dt. of Proceeding/Hearing: 07/30/2024, No. of Pgs.: 40, Court Reporter: Fauber, Brenda [5568172] [25-2865] (STL) [Entered: 10/15/2025 04:06 PM] |
| DESIGNATION of record filed by Appellant Cody Downing. w/service 10/08/2025 [5565643] [25-2865] (ZBB) [Entered: 10/08/2025 08:53 AM] |
| STATEMENT of issues filed by Appellant Cody Downing - w/service 10/07/2025. [5565576] [25-2865] (ZBB) [Entered: 10/07/2025 07:04 PM] |
| METHOD of appendix preparation filed by Appellant Cody Downing - Separate Appendix - w/service 10/07/2025 [5565575] [25-2865] (ZBB) [Entered: 10/07/2025 07:02 PM] |
| Certificate of transcript filed by Appellant Cody Downing. Transcript ordered[5565574] [25-2865] (ZBB) [Entered: 10/07/2025 07:01 PM] |
| APPEARANCE filed by Zachary B. Busey for Appellant Cody Downing w/service 09/29/2025 [5562576] [25-2865] (ZBB) [Entered: 09/29/2025 05:24 PM] |
| Originating court document filed consisting of civil judgment 4/30/25, Order on motion for atty fees 5/27/25, Order on appeals of MJ order 7/10/25, Order denying motion for judgment 8/21/25, SEALED Order on atty fees/costs 9/8/25, notice of appeal, and docket entries [5560603] [25-2865] (MMH) [Entered: 09/23/2025 01:57 PM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 11/03/2025. Appendix due 11/12/2025. BRIEF APPELLANT, Cody Downing due 11/12/2025 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5560612] [25-2865] (MMH) [Entered: 09/23/2025 02:02 PM] |
| Civil case docketed. [5560586] [25-2865] (MMH) [Entered: 09/23/2025 01:38 PM] |
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