Rebecca Swift v. Adknowledge, Inc., et al Featured Case
Plaintiff - Appellee,: REBECCA SWIFT, on behalf of herself & all others similarly situated
Defendant,: ZYNGA GAME NETWORK, INC.
Defendant - Appellant,: ADKNOWLEDGE, INC., DBA Super Rewards and KITN MEDIA USA, INC., DBA Super Rewards
Case Number: 11-16933
Filed: August 12, 2011
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other Statutory Actions
Docket Report

This docket was last retrieved on July 12, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2012 Filing 23 Received 7 paper copies of Reply brief [20] filed by Adknowledge, Inc. and KITN Media USA, Inc.. [8139970] (SD)
April 10, 2012 Filing 22 Filed clerk order: The reply brief [20] submitted by Adknowledge, Inc. and KITN Media USA, 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, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8134709] (SLH)
April 10, 2012 Filing 21 Terminated Mark J. Tamblyn for Rebecca Swift in 11-16933 [8134387] (PH)
April 9, 2012 Filing 20 Submitted (ECF) Reply brief for review. Submitted by Appellants Adknowledge, Inc. and KITN Media USA, Inc.. Date of service: 04/09/2012. [8133212] (DL)
March 16, 2012 Filing 19 Received 7 paper copies of Answering brief [15] filed by Rebecca Swift. [8107110] (SD)
March 12, 2012 Filing 18 Filed Appellee Rebecca Swift supplemental excerpts of record on appeal in 2 volumes. (Vol. 2 UNDER SEAL) [8105876] (SLH)
March 12, 2012 Filing 16 Filed clerk order: The answering brief [15] submitted by Rebecca Swift is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8098687] (SLH)
March 9, 2012 Filing 17 Received Appellee Rebecca Swift notice regarding filing excerpts of record under seal. [8105842] (SLH)
March 9, 2012 Filing 15 Submitted (ECF) Answering brief for review. Submitted by Appellee Rebecca Swift. Date of service: 03/09/2012. [8097947] --[COURT UPDATE: Replaced PDF of brief and resent NDA. 03/12/2012 by DB] (CBC)
January 31, 2012 Filing 14 Filed order MEDIATION (MAC): The remainder of the briefing schedule is rescheduled as follows: appellee shall file an answering brief on or before March 9, 2012; appellants may file an optional reply brief on or before April 9, 2012. [8051366] (BJB)
January 18, 2012 Filing 13 Received 7 paper copies of Opening brief [10] filed by Adknowledge, Inc. and KITN Media USA, Inc.. [8037002] (SD)
January 11, 2012 Filing 12 Filed Appellants Adknowledge, Inc. and KITN Media USA, Inc. excerpts of record in 2 volumes. No certificate of service. [8030684] (SLH)
January 11, 2012 Filing 11 Filed clerk order: The opening brief [10] submitted by Adknowledge, Inc. and KITN Media USA, 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, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. [8027701] (SLH)
January 9, 2012 Filing 10 Submitted (ECF) Opening brief for review. Submitted by Appellants Adknowledge, Inc. and KITN Media USA, Inc.. Date of service: 01/09/2012. [8024867]--[COURT UPDATE: Attached Certificate of Service. Resent NDA. 01/11/2012 by TW] (DAN)
December 5, 2011 Filing 9 Filed order (Appellate Commissioner) The court’s September 15, 2011 order to show cause is discharged. The opening brief and excerpts of record are due January 9, 2012; the answering brief is due February 8, 2012; and the optional reply brief is due within 14 days after service of the answering brief. (MOATT) [7988734] (SM)
November 21, 2011 Filing 8 Filed order MEDIATION (MAC): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerk’s office. The briefing schedule is suspended, pending further order of the court, due to the outstanding order to show cause, filed September 15, 2011. [7973480] (WL)
November 7, 2011 Filing 7 Filed order MEDIATION (MAC): On October 11, 2011, a telephone conference was held with Circuit Mediator Margaret A. Corrigan. Derek Linke, Esq. participated on behalf of appellants; John R. Parker, Esq. participated on behalf of appellee. The briefing schedule previously set by the court is revised as follows: appellants shall file an opening brief on or before December 15, 2011; appellee shall file an answering brief on or before January 27, 2012; appellants may file an optional reply brief on or before March 3, 2012. This modification of the briefing schedule bars both appellants and appellee from seeking a telephonic 14-day extension of time for filing any brief. Further extensions for filing any brief shall require a written motion. Ninth Cir. R. 31-2.2.[7956070] (WL)
September 26, 2011 Filing 6 Filed (ECF) Appellants Adknowledge, Inc. and KITN Media USA, Inc. response to order to show cause dated 09/15/2011. Date of service: 09/26/2011. [7906855] (DL)
September 23, 2011 Filing 5 Filed order MEDIATION (BS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on October 11, 2011, at 10:30 a.m. Pacific Time (1:30 p.m. Eastern Time) to discuss whether this case is appropriate for participation in the Mediation Program. The Circuit Mediator will initiate the conference call by contacting each person on the attached list of participants at the telephone number listed. Please be available for the call at least five minutes before the scheduled time. Counsel should review the attached list and inform Mediation Assistant Beatriz Smith by email (Beatriz_Smith@ca9.uscourts.gov) at least 72 hours in advance of the scheduled call of any of the following: (1) any attorneys on the list of counsel who will not be participating in the conference; (2) the direct dial phone number of any participant if it is not listed; and (3) any other corrections to the list. Please notify Circuit Mediator Margaret Corrigan immediately by email (Margaret_Corrigan@ca9.uscourts.gov) if the dispute is settled, the appeal is dismissed or if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. All discussions that take place in the context of the assessment conference are strictly confidential. For more detailed information about the assessment conference, confidentiality, the Mediation Program and its procedures generally, please see the attachment to this order and the Mediation Program web site: www.ca9.uscourts.gov/mediation. [7904178] (BJB)
September 15, 2011 Filing 4 Filed order MOATT: (KN) A review of the record suggests that this court may lack jurisdiction over the appeal because an order granting a motion to compel arbitration and staying district court proceedings is generally not an appealable order....Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [7895249] (TSP)
August 19, 2011 Filing 3 Filed (ECF) Appellants Adknowledge, Inc. and KITN Media USA, Inc. Mediation Questionnaire. Date of service: 08/19/2011. [7865051] (DAN)
August 12, 2011 Filing 2 Filed representation notice. [7855539] (GR)
August 12, 2011 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 08/19/2011. Transcript ordered by 09/09/2011. Transcript due 10/11/2011. Appellants Adknowledge, Inc., KITN Media USA, Inc. opening brief due 11/18/2011. Appellee Rebecca Swift answering brief due 12/19/2011. Appellant's optional reply brief is due 14 days after service of the answering brief. [7855530] (GR)

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Plaintiff - appellee,: REBECCA SWIFT, on behalf of herself & all others similarly situated
Represented By: Ian James Barlow
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Defendant,: ZYNGA GAME NETWORK, INC.
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Defendant - appellant,: ADKNOWLEDGE, INC., DBA Super Rewards
Represented By: Derek Alan Newman
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Defendant - appellant,: KITN MEDIA USA, INC., DBA Super Rewards
Represented By: Derek Alan Newman
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