Timothy Vernor v. Autodesk Inc
| TIMOTHY S. VERNOR |
| AUTODESK INC |
| MOTION PICTURE ASSOCIATION OF AMERICA, INC., SOFTWARE & INFORMATION INDUSTRY ASSOCIATION, AMERICAN LIBRARY ASSOCIATION, ASSOCIATION OF COLLEGE AND RESEARCH LIBRARIES, ASSOCIATION OF RESEARCH LIBRARIES, CONSUMER FEDERATION OF AMERICA, ELECTRONIC FRONTIER FOUNDATION, PUBLIC KNOWLEDGE, UNITED STATES PUBLIC INTEREST RESEARCH GROUP and EBAY INC. |
| 09-35969 |
| October 28, 2009 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Fraud |
Docket Report
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Filing 52
FILED OPINION (WILLIAM C. CANBY, CONSUELO M. CALLAHAN and SANDRA S. IKUTA) VACATED; REMANDED. , Judge: CMC Authoring, FILED AND ENTERED JUDGMENT. [7469100] (RP)
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| Filing 51 ARGUED AND SUBMITTED TO WILLIAM C. CANBY, CONSUELO M. CALLAHAN and SANDRA S. IKUTA. [7362069] (SB) |
| Filing 50 Notice of Oral Argument on JUNE 7th Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SEATTLE Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. [7319075] (SB) |
| Filing 49 Filed (ECF) Appellant Autodesk Inc reply to response (,motion to expedite case). Date of service: 04/14/2010. [7301344] (JBF) |
| Filing 48 Filed (ECF) Appellant Autodesk Inc Motion to expedite case. Date of service: 04/05/2010. [7290244] (JBF) |
| Filing 47 Received 7 paper copies of Reply brief [45] filed by Autodesk Inc. [7289238] (SD) |
| Filing 46 Filed clerk order: The reply brief [45] submitted by Autodesk Inc is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7287743] (LA) |
| Filing 45 Submitted (ECF) Reply brief for review. Submitted by Appellant Autodesk Inc. Date of service: 04/01/2010. [7286470] (JBF) |
| Filing 44 Filed clerk order (Deputy Clerk:GSS): The appellant’s motion to file an oversized reply brief is granted in part. Within 21 days after the date of this order, the appellant may file a reply brief not to exceed 8,500 words. The appellant’s motion to expedite the hearing date of Nos. 09-15932, 09- 16044, and 09-35969 in order to schedule with No. 08-55998 is denied without prejudice to a renewed motion that provides the showing required by Ninth Circuit Rule 27-12. [7277765] [08-55998, 09-15932, 09-16044, 09-35969] (SC) |
| Filing 43 Filed (ECF) Appellant Autodesk Inc Motion to expedite case. Date of service: 03/19/2010. [7272456]--[COURT UPDATE: Attached corrected version Proof of Servoce. 03/19/2010 by RY]--[COURT UPDATE: Re-attached original proof of service. 03/22/2010 by MA] (JBF) |
| Filing 42 Filed Appellant Autodesk Inc supplemental excerpts of record on appeal in 1 volume. [7250170] (LA) |
| Filing 41 Filed (ECF) Appellant Autodesk Inc Motion to take judicial notice of Appellee's Brief, Appellant's Reply Brief, and Amici Curiae Business Systems, Inc. et al.'s Brief filed in the Ninth Circuit in MAI Systems Corporation v. Peak Computer Inc., No. 92-55363. Date of service: 02/26/2010. [7246934] (JBF) |
| Filing 40 Submitted (ECF) Reply brief for review and filed Motion to file oversized brief. Submitted by Appellant Autodesk Inc. Date of service: 02/26/2010. [7246909] (JBF) |
| Filing 39 Received 7 paper copies of Answering brief [29] filed by Timothy S. Vernor. [7238111] (SD) |
| Filing 38 Received 7 paper copies of Amicus brief [32] filed by ALA, ACRL, ARL, Consumer Federation of America, EFF, Public Knowledge and United States Public Interest Research Group. [7235419] (SD) |
| Filing 37 Received 7 paper copies of Amicus brief [33] filed by Ebay Inc. [7234577] (SD) |
| Filing 36 Filed clerk order: The amicus brief [33] submitted by Ebay Inc. is filed. A motion to become amicus is unnecessary pursuant to FRAP 29(a) because all parties have consented to the filing of the brief. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7229687] (LA) |
| Filing 35 Filed clerk order: The amicus brief [32] submitted by ALA, ACRL, ARL, Consumer Federation of America, EFF, Public Knowledge and United States Public Interest Research Group is filed. A motion to become amicus is unnecessary pursuant to FRAP 29(a) because all parties have consented to the filing of the brief. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7229683] (LA) |
| Filing 34 Entered appearance of Amicus Curiaes ALA, ACRL, ARL, Consumer Federation of America, EFF, Public Knowledge, United States Public Interest Research Group and Ebay Inc. [7229682] (LA) |
| Filing 33 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by eBay Inc.. Date of service: 02/11/2010. [7229334] (LE) |
| Filing 32 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by American Library Association, Association of College and Research Libraries, Association of Research Libraries, Consumer Federation of America, Electronic Frontier Foundation, Public Knowledge, and U.S. PIRG. Date of service: 02/11/2010. [7229010] (Fv) |
| Filing 31 Filed clerk order: The answering brief [29] submitted by Timothy S. Vernor is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7227939] (LA) |
| Filing 30 Filed (ECF) Appellant Autodesk Inc Correspondence: Letter re scheduling of oral argument. Date of service: 02/08/2010 [7223138] (JBF) |
| Filing 29 Submitted (ECF) Answering brief for review. Submitted by Appellee Timothy S. Vernor. Date of service: 02/04/2010. [7221033]--[COURT UPDATE: Added statement of related cases, resent NDA, 02/10/2010 by AWM] (GAB) |
| Filing 28 Received 7 paper copies of Amicus brief [22] filed by Software & Information Industry Association. One copy to Case Files, the remainder to Records. [7213445] (YA) |
| Filing 27 Filed clerk order: The amicus brief [22] submitted by Software & Information Industry Association is filed. Pursuant to the court's previous order filed on January 29, 2010, within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7213107] (LA) |
| Filing 26 Filed clerk order (Deputy Clerk:GSS): Software and Information Industry Association’s late unopposed motion to file an amicus curiae brief is granted. Software and Information Industry Association shall supply the court with 7copies of the proposed amicus brief within 7 days after the date of this order. The current briefing shall remain in effect. [7212981] (SC) |
| Filing 25 Received 7 paper copies of Amicus brief [19] filed by Motion Picture Association of America, Inc. [7199346] (SD) |
| Filing 24 Filed (ECF) Software & Information Industry Association Motion to extend time to file amicus brief until 01/14/2010 at 11:59 pm. Date of service: 01/15/2010. [7197517] (SEB) |
| Filing 23 Entered appearance of Amicus Curiae - Pending Software & Information Industry Association. [7195835] (LA) |
| Filing 22 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Software and Information Industry Association. Date of service: 01/14/2010. [7195653] (SEB) |
| Filing 21 Filed clerk order: The amicus brief [19], [19], [19] submitted by Motion Picture Association of America, Inc. is filed. A motion to become amicus is unnecessary pursuant to FRAP 29(a) because all parties have consented to the filing of the amicus brief. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7192557] (LA) |
| Filing 20 Entered appearance of Amicus Curiae Motion Picture Association of America, Inc. [7192548] (LA) |
| Filing 19 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Motion Picture Association of America, Inc.. Date of service: 01/12/2010. [7192393] (RHR) |
| Filing 18 Filed (ECF) notice of appearance of Gregory A. Beck for Appellee Timothy S. Vernor. Date of service: 01/08/2010. [7187280] (GAB) |
| Filing 17 Received 7 paper copies of Opening brief [13] filed by Autodesk Inc.[7185784] (SD) |
| Filing 16 Filed Appellant Autodesk Inc excerpts of record in 2 volumes. Served on 01/05/2010. [7184184] (LA) |
| Filing 15 Filed clerk order: The opening brief [13] submitted by Autodesk, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7183765] (LA) |
| Filing 14 Filed (ECF) Appellant Autodesk Inc Motion to take judicial notice of. Date of service: 01/05/2010. [7183652] (JBF) |
| Filing 13 Submitted (ECF) Opening brief for review. Submitted by Appellant Autodesk Inc. Date of service: 01/05/2010. [7183494] (JBF) |
| Filing 12 Filed clerk order (Deputy Clerk:GS): The portion of the December 23, 2009 order which established the due date of the fourth cross-appeal brief, in cross-appeals 09-15932 and 09-16044, as 14 days after the date of the December 23, 2009 order is vacated. The fourth cross-appeal brief in cross-appeals 09-15932 and 09-16044 is now due January 11, 2010. The remaining provisions of the December 23, 2009 order shall remain in effect. [7180795] [09-15932, 09-16044, 09-35969] (BJB) |
| Filing 11 Filed clerk order (Deputy Clerk:GS): The joint motion for an expedited briefing schedule in No. 09-35969 and to assign No. 09-35969 with cross-appeals 09-15932 and 09-16044 before the same merits panel for oral argument is granted. The following briefing schedule shall govern No. 09-35969: the transcript remains due December 28, 2009; the opening brief is due January 5, 2010; the answering brief is due February 4, 2010; and the reply brief is due February 26, 2010. The provisions of telephonic extensions shall not apply to No. 09-35969, and any motion under Ninth Circuit Rule 31-2.2(b) is disfavored. The fourth cross-appeal brief for appellees Blizzard, et al. is in cross-appeals 09-15932 and 09-16044 is due within 14 days after the date of this order. [7173952] [09-15932, 09-16044, 09-35969] (BJB) |
| Filing 10 Filed certificate of record on appeal. RT filed in DC 12/3/09 [7163257] (KM) |
| Filing 9 Filed order MEDIATION (CG): This case is not selected for inclusion in the mediation program. Counsel are requested to contact the mediator should circumstances develop that might warrant further settlement discussions. [7148710] (KM) |
| Filing 8 Attorney Gregory M. Beck in 09-35969 substituted by Attorney Gregory Andrew Beck in 09-35969 - COURT correction of docket. [7136999] (ASW) |
| Filing 7 Received copy of transcript designation and ordering form filed in DC. [7130151] (RL) |
| Filing 6 Filed (ECF) Appellant Autodesk Inc Joint Motion to expedite case. Date of service: 11/06/2009. [7122264]--[COURT UPDATE: Replaced PDF with corrected version, resent NDA, 11/06/2009 by AWM] (GCH) |
| Filing 5 Filed order MEDIATION (LW): CORRECTED DATE ON ORDER Case referred to Mediation for assessment conference only. Telephone conference to be on 12/01/2009 at 01:00 pm. (Pacific Standard Time) [7114878] (KM) |
| Filing 4 Filed order MEDIATION (LW): Case referred to Mediation for assessment conference only. Telephone conference to be on 12/01/2009 at 01:00 pm. The existing briefing schedule remains in effect . (Pacific Standard Time) [7114875] (KM) |
| Filing 3 Court correction: Added attorney Blake J. Lawit, Clara Shin, Jerome B. Falk Jr. for Autodesk Inc, in case 09-35969. [7112453] (MA) |
| Filing 2 Filed Civil Appeals Docketing Statement. Served on 10/27/2009. [7111572] (KM) |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND CADS: Yes. The schedule is set as follows: Transcript due for Orig Clerk USDC, Seattle on 12/28/2009. Certificate of record due 01/04/2010. Appellant opening brief due 02/11/2010. Appellee answering brief due 03/15/2010. Appellant's optional reply brief is due 14 days after service of the answering brief. [7111550] (KM) |
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