In re: Dell Inc., et al v. John Doe 1
| TOSHIBA SAMSUNG STORAGE TECHNOLOGY CORP. KOREA, as Liaison Counsel for Defendants and SONY CORPORATION |
| In re: OPTICAL DISK DRIVE ANTITRUST LITIGATION and UNITED STATES DEPARTMENT OF JUSTICE, Antitrust Division |
| DELL INC., DELL PRODUCTS, L.P., HEWLETT-PACKARD COMPANY, INGRAM MICRO, INC., SYNNEX CORPORATION, ACER AMERICA CORP., GATEWAY, INC., GATEWAY U.S. RETAIL, INC., f/k/a eMachines, Inc., STATE OF FLORIDA, Office of the Attorney General, Department of Legal Affairs, AARON WAGNER, CHRIS JOHNSON, EVAN JACOBSON, LISA MELEGARI, BARNEY GOODMAN, Jr., BENJAMIN MURRAY, THOMAS STENGER, JAMES ITO-ADLER, SANDRA STEFFEN, ALEX BISSEN, BENJAMIN FABER, MATTHEW HOSKING, CINDY BOOZE, MATTHEW ENCE, EVAN RAVENELLE, MICHAEL REILLY, SUSIE LIM, ANGELA PRITCHARD, MIKE BISHOP, KIMBERLY WOOD, BENJAMIN PORTER, GAIL MURPHY, JOHN MCKEE, on behalf of themselves and all others similarly situated, JLK SYSTEMS GROUP, INC., JEFF KOZIK, MEIJER, INC., MEIJER DISTRIBUTION, INC., PAUL NORDINE, SENECA DATA DISTRIBUTORS, INC., GREGORY STARRETT and ASHLEY TREMBLAY, on behalf of themselves and all others similarly situated |
| JOHN DOE 1 |
| 14-17502 |
| December 22, 2014 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 61 MANDATE ISSUED.(RCT, MDS and MHM) [9737124] (CW) [Entered: 10/29/2015 07:20 AM] |
| Filing 60 Filed order (RICHARD C. TALLMAN, MILAN D. SMITH, JR. and MARY H. MURGUIA): The panel has voted to deny the petition for panel rehearing and to deny the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED. [9724331] (AF) [Entered: 10/20/2015 09:57 AM] |
| Filing 59 Filed (ECF) Appellant John Doe 1 petition for rehearing en banc (from 09/10/2015 opinion). Date of service: 09/24/2015. [9695746] [14-17502] (O'Shea, Sean) [Entered: 09/24/2015 08:14 PM] |
| Filing 58 FILED OPINION (RICHARD C. TALLMAN, MILAN D. SMITH, JR. and MARY H. MURGUIA) We affirm the decision of the district court denying Does motion to quash the subpoena. The pending motion is denied as moot. Each party shall bear its own costs on appeal. AFFIRMED. Judge: MDS Authoring. FILED AND ENTERED JUDGMENT. [9677306] (RMM) [Entered: 09/10/2015 08:19 AM] |
| Filing 57 ARGUED AND SUBMITTED TO RICHARD C. TALLMAN, MILAN D. SMITH, JR. and MARY H. MURGUIA. [9599108] (TG) [Entered: 07/06/2015 12:21 PM] |
| Filing 56 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Jeff D. Friedman for Appellees Mike Bishop, Alex Bissen, Cindy Booze, Matthew Ence, Benjamin Faber, Barney Goodman, Jr., Matthew Hosking, James Ito-Adler, Evan Jacobson, Chris Johnson, Susie Lim, John McKee, Lisa Melegari, Gail Murphy, Benjamin Murray, Benjamin Porter, Angela Pritchard, Evan Ravenelle, Michael Reilly, Sandra Steffen, Thomas Stenger, Aaron Wagner and Kimberly Wood. [9592443] [14-17502] (Friedman, Jeff) [Entered: 06/29/2015 03:38 PM] |
| Filing 55 Added attorney Beatrice B. Nguyen for Hewlett-Packard Company, in case 14-17502. [9591722] (KB) [Entered: 06/29/2015 11:57 AM] |
| Filing 54 Filed (ECF) notice of appearance of Beatrice B. Nguyen for Appellee Hewlett-Packard Company. Date of service: 06/29/2015. [9591613] [14-17502] (Nguyen, Beatrice) [Entered: 06/29/2015 11:32 AM] |
| Filing 53 Filed (ECF) Appellant John Doe 1 citation of supplemental authorities. Date of service: 06/24/2015 [9586691] [14-17502] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 06/25/2015 by TL] (O'Shea, Sean) [Entered: 06/24/2015 03:19 PM] |
| Filing 52 Attorney Steve Berman in 14-17502 substituted by Attorney Jeff D. Friedman in 14-17502 [9585910] (KB) [Entered: 06/24/2015 10:53 AM] |
| Filing 51 Filed (ECF) notice of appearance of Jeff D. Friedman for Appellees Mike Bishop, Alex Bissen, Cindy Booze, Matthew Ence, Benjamin Faber, Barney Goodman, Jr., Matthew Hosking, James Ito-Adler, Evan Jacobson, Chris Johnson, Susie Lim, John McKee, Lisa Melegari, Gail Murphy, Benjamin Murray, Benjamin Porter, Angela Pritchard, Evan Ravenelle, Michael Reilly, Sandra Steffen, Thomas Stenger, Aaron Wagner and Kimberly Wood. Date of service: 06/24/2015. [9585855] [14-17502] (Friedman, Jeff) [Entered: 06/24/2015 10:39 AM] |
| Filing 50 Filed (ECF) Appellees Dell Products, L.P. and Dell Inc. citation of supplemental authorities. Date of service: 06/23/2015. [9584513] [14-17502] (Ganske, Rodney) [Entered: 06/23/2015 01:24 PM] |
| Filing 49 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Beatrice B. Nguyen for Appellee Hewlett-Packard Company. [9524995] [14-17502] (Nguyen, Beatrice) [Entered: 05/05/2015 09:15 AM] |
| Filing 48 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney David Bedford Esau for Appellees Acer America Corp., Gateway U.S. Retail, Inc. and Gateway, Inc.. [9523976] [14-17502] (Esau, David) [Entered: 05/04/2015 01:24 PM] |
| Filing 47 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Rodney Ganske for Appellees Dell Inc. and Dell Products, L.P.. [9523869] [14-17502] (Ganske, Rodney) [Entered: 05/04/2015 12:25 PM] |
| Filing 46 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Steve Berman for Appellees Mike Bishop, Alex Bissen, Cindy Booze, Matthew Ence, Benjamin Faber, Barney Goodman, Jr., Matthew Hosking, James Ito-Adler, Evan Jacobson, Chris Johnson, Susie Lim, John McKee, Lisa Melegari, Gail Murphy, Benjamin Murray, Benjamin Porter, Angela Pritchard, Evan Ravenelle, Michael Reilly, Sandra Steffen, Thomas Stenger, Aaron Wagner and Kimberly Wood. [9522769] [14-17502] (Berman, Steve) [Entered: 05/01/2015 03:20 PM] |
| Filing 45 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Sean F. O'Shea for Appellant John Doe 1. [9522576] [14-17502] (O'Shea, Sean) [Entered: 05/01/2015 02:25 PM] |
| Filing 44 Notice of Oral Argument on Monday, July 6, 2015 - 09:00 A.M. - Courtroom 3 - James R Browning US Cthse, 95 7th St, San Francisco, CA. View the Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [9515502] (GEV) [Entered: 04/27/2015 02:20 PM] |
| Filing 43 Received 7 paper copies of Reply brief [ # 41 ] filed by John Doe 1. (sent to panel) [9505224] (SD) [Entered: 04/22/2015 02:46 PM] |
| Filing 42 Filed clerk order: The reply brief [ # 41 ] submitted by John Doe 1 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. [9502608] (WWP) [Entered: 04/21/2015 09:37 AM] |
| Filing 41 Submitted (ECF) Reply Brief for review. Submitted by Appellant John Doe 1. Date of service: 04/20/2015. [9502213] [14-17502] (O'Shea, Sean) [Entered: 04/20/2015 05:26 PM] |
| Filing 40 Received ( UNDER SEAL ) original and 7 copies of Appellee Mike Bishop answering brief of 32 pages. Supplemental Excerpts of record in 2 volumes. Served on 04/01/2015. (panel previously served) [9501396] -[Edited: Backdated entry to reflect correct filing date and restricted document. 04/20/2015 by TL] ] (WWP) [Entered: 04/20/2015 11:39 AM] |
| Filing 39 Received corrected deficiency one additional copy of the answering brief from Appellee Mike Bishop served on. [9501346] (WWP) [Entered: 04/20/2015 11:19 AM] |
| Filing 38 Filed (ECF) Appellant John Doe 1 response to motion (to file document under seal). Date of service: 04/14/2015. [9494656] [14-17502] (O'Shea, Sean) [Entered: 04/14/2015 11:08 AM] |
| Filing 37 Received UNDER SEAL original and 6 copies of Appellee Mike Bishop et al. corrected answering brief of 32 pages. Served on 04/01/2015. Major deficiencies: insufficient brief copies. Other deficiencies: motion to seal pending. Notified counsel (see attached notice). (sent to panel) [9491087] (LA) [Entered: 04/10/2015 11:47 AM] |
Filing 36
Ordered electronic copy of appellants sealed excerpts of record. [9488306] (SOS) [Entered: 04/08/2015 01:06 PM]
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| Filing 35 Received Appellees Mike Bishop, et al.'s paper copies of supplemental excerpt of record Volume I [ # 25 ]. Deficiencies: motion to seal Volume II pending. (sent to panel with calendar materials) [9485748] (LA) [Entered: 04/06/2015 05:14 PM] |
| Filing 34 Received 7 paper copies of Answering brief [ # 25 ] filed by Mike Bishop,et al. (sent to panel) [9485465] (SD) [Entered: 04/06/2015 03:30 PM] |
| Filing 33 Filed Appellees Dell Inc. and Dell Products, L.P. paper copies of supplemental excerpts of record [ # 26 ] in 1 volume. [9484797] (KT) [Entered: 04/06/2015 11:52 AM] |
| Filing 32 Filed clerk order: The Court has reviewed the supplemental excerpts of record [ # 26 ] submitted by Dell Inc. and Dell Products, L.P.. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9482484] (WWP) [Entered: 04/02/2015 03:46 PM] |
| Filing 31 Filed clerk order: The answering brief [ # 25 ] submitted by Mike Bishop, Alex Bissen, Cindy Booze, Benjamin Faber, Barney Goodman, Jr., Matthew Hosking and James Ito-Adler 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. The Court has reviewed the supplemental excerpts of record [ # 25 ] submitted by Mike Bishop, Alex Bissen, Cindy Booze, Benjamin Faber, Barney Goodman, Jr., Matthew Hosking and James Ito-Adler. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9482474] (WWP) [Entered: 04/02/2015 03:45 PM] |
| Filing 30 Filed ( UNDER SEAL ) original and 7 copies of Appellees Dell Inc. and Dell Products, L.P. answering brief of 24 pages. Served on 04/01/2015. [9482443] (WWP) [Entered: 04/02/2015 03:37 PM] |
| Filing 29 Received Appellees Dell Inc. and Dell Products, L.P. Notice of filing Under Seal. [9482432] (WWP) [Entered: 04/02/2015 03:32 PM] |
| Filing 28 ENTRY UPDATED. Received UNDER SEAL original and 3 copies of Appellees Mike Bishop, et al. answering brief of 32 pages. 4 copies of supplemental excerpts of record Volume II UNDER SEAL. Served on 04/01/2015. Major deficiencies: Major deficiencies: insufficient brief copies, motion to seal pending. Other deficiencies: No statement of related cases. Notified counsel. [9482413] --[Edited 04/06/2015 by LA to clarify excerpts and to note brief deficiencies that require corrections] --[Edited: Attached sealed excerpts of record Vol 2. 06/19/2015 by TL] (WWP) [Entered: 04/02/2015 03:27 PM] |
| Filing 27 Filed Appellees Mike Bishop, Alex Bissen, Cindy Booze, Matthew Ence, Benjamin Faber, Barney Goodman, Jr., Matthew Hosking and Seneca Data Distributors, Inc. et al., motion to file brief and other documents UNDER SEAL. Deficiencies: None. Served on 04/01/2015. [9482378] (WWP) [Entered: 04/02/2015 03:20 PM] |
| Filing 26 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Dell Inc. and Dell Products, L.P.. Date of service: 04/01/2015. [9481074] [14-17502] (Ganske, Rodney) [Entered: 04/01/2015 04:38 PM] |
| Filing 25 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellees Mike Bishop, Alex Bissen, Cindy Booze, Matthew Ence, Benjamin Faber, Barney Goodman, Jr., Matthew Hosking, James Ito-Adler, Evan Jacobson, Chris Johnson, Susie Lim, John McKee, Lisa Melegari, Gail Murphy, Benjamin Murray, Benjamin Porter, Angela Pritchard, Evan Ravenelle, Michael Reilly, Thomas Stenger, Aaron Wagner, Kimberly Wood, Sandra Steffen, Jeff Kozik, Paul Nordine, Gregory Starrett, Ashley Tremblay, JLK Systems Group, Inc., Seneca Data Distributors, Inc., Meijer, Inc. and Meijer Distribution, Inc.. Date of service: 04/01/2015. [9480466] [14-17502] (Friedman, Jeff) [Entered: 04/01/2015 01:36 PM] |
| Filing 24 Filed Appellant John Doe 1 paper copies of excerpts of record [ # 18 ] in 4 volume(s). [9449147] (WWP) [Entered: 03/09/2015 08:07 AM] |
| Filing 23 Received 7 paper copies of Opening brief [ # 18 ] filed by John Doe 1. [9448876] (SD) [Entered: 03/06/2015 04:24 PM] |
| Filing 22 Filed clerk order (Deputy Clerk: wp): The clerk order issued on March 3, 2015 is amended. The paper copies of the opening brief shall have blue cover. [9444656] (WWP) [Entered: 03/04/2015 10:17 AM] |
| Filing 21 Filed ( UNDER SEAL ) Appellant John Doe 1 paper copies of excerpts of record volume #4. [9444297] (WWP) [Entered: 03/04/2015 07:54 AM] |
| Filing 20 Received Appellant John Doe 1 Notice of filing under seal. [9444295] (WWP) [Entered: 03/04/2015 07:52 AM] |
| Filing 19 Filed clerk order: The opening brief [ # 18 ] submitted by John Doe 1 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. The Court has reviewed the excerpts of record [ # 18 ] submitted by John Doe 1. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9442153] (WWP) [Entered: 03/03/2015 09:52 AM] |
| Filing 18 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant John Doe 1. Date of service: 03/02/2015. [9441855] [14-17502] (O'Shea, Sean) [Entered: 03/02/2015 05:38 PM] |
| Filing 17 - Sony Corporation in 14-17502 substituted by - Toshiba Samsung Storage Technology Corp. Korea in 14-17502 [9407541] (HH) [Entered: 02/03/2015 03:01 PM] |
| Filing 16 Filed order (CONSUELO M. CALLAHAN and MORGAN B. CHRISTEN) Appellees motion to submit materials under seal is granted. The materials have been sealed. See 9th Cir. R. 27-13(b). Appellants emergency motion for an injunction pending appeal is denied without prejudice to renewal after the district court has approved a protective order governing the release of the recordings in dispute. The court sua sponte expedites this appeal. The opening brief is due March 2, 2015; the answering brief is due April 1, 2015; and the optional reply brief is due within 14 days after service of the answering brief. Any request for an extension of time to file a brief is disfavored; any such relief must be requested under Ninth Circuit Rule 31-2.2(b). [9403682] (KD) [Entered: 01/30/2015 04:21 PM] |
| Filing 15 Filed Mediation order: This case is not selected for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [9389075] (VS) [Entered: 01/21/2015 08:22 AM] |
| Filing 14 Filed (ECF) Appellant John Doe 1 response to motion (to file document under seal). Date of service: 01/16/2015. [9385977] [14-17502] (O'Shea, Sean) [Entered: 01/16/2015 01:46 PM] |
| Filing 13 Filed (ECF) Appellant John Doe 1 reply to response (). Date of service: 01/15/2015. [9384785] [14-17502] (O'Shea, Sean) [Entered: 01/15/2015 03:46 PM] |
| Filing 12 Added attorney Daniel M. Hibshoosh for John Doe 1, in case 14-17502. [9379874] (KB) [Entered: 01/13/2015 10:24 AM] |
| Filing 11 Filed (ECF) notice of appearance of Daniel Mark Hibshoosh for Appellant John Doe 1. Date of service: 01/13/2015. [9379853] [14-17502] (Hibshoosh, Daniel) [Entered: 01/13/2015 10:19 AM] |
| Filing 10 Filed (ECF) Appellees Dell Products, L.P. and Dell Inc. response opposing motion (motion for injunction pending appeal). Date of service: 01/05/2015. [9371085] [14-17502] (Ganske, Rodney) [Entered: 01/05/2015 06:33 PM] |
| Filing 9 Filed UNDER SEAL Appellees' opposition to John Doe's emergency motion for injunction. Served on 01/05/2015 [9370903] (EL) [Entered: 01/05/2015 04:29 PM] |
| Filing 8 Filed Appellees' motion to file UNDER SEAL. Deficiencies: None. Served on 01/05/2014. [9370897] (EL) [Entered: 01/05/2015 04:27 PM] |
| Filing 7 Filed Mediation order: This case is under consideration for inclusion in the Mediation Program. By 01/20/2015 , counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [9370786] (VS) [Entered: 01/05/2015 04:00 PM] |
| Filing 6 Filed (ECF) Appellees Mike Bishop, Alex Bissen, Cindy Booze, Matthew Ence, Benjamin Faber, Barney Goodman, Jr., Matthew Hosking, James Ito-Adler, Evan Jacobson, Chris Johnson, Susie Lim, John McKee, Lisa Melegari, Gail Murphy, Benjamin Porter, Angela Pritchard, Evan Ravenelle, Michael Reilly, Thomas Stenger, State of Florida, Aaron Wagner, Kimberly Wood, JLK Systems Group, Inc., Jeff Kozik, Meijer Distribution, Inc., Meijer, Inc., Paul Nordine, Seneca Data Distributors, Inc., Gregory Starrett, Ashley Tremblay and Benjamin Murray response opposing motion (motion for injunction pending appeal). Date of service: 01/05/2015. [9370771] [14-17502] (Friedman, Jeff) [Entered: 01/05/2015 03:56 PM] |
| Filing 5 Filed (ECF) Appellant John Doe 1 Correspondence: Transmittal of Representation Statement.. Date of service: 01/05/2015 [9370114] [14-17502] (O'Shea, Sean) [Entered: 01/05/2015 01:21 PM] |
| Filing 4 Filed (ECF) Appellant John Doe 1 Mediation Questionnaire. Date of service: 12/29/2014. [9364118] [14-17502] (O'Shea, Sean) [Entered: 12/29/2014 02:38 PM] |
| Filing 3 Filed (ECF) Appellant John Doe 1 EMERGENCY Motion for injunction pending appeal. Date of service: 12/22/2014. [9359251] [14-17502] (O'Shea, Sean) [Entered: 12/22/2014 04:52 PM] |
| Filing 2 Added attorneys Lee Gordon and Steve Berman for plaintiffs/appellees Mike Bishop, et al. [9359062] (HH) [Entered: 12/22/2014 04:05 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 12/29/2014. Transcript ordered by 01/21/2015. Transcript due 02/20/2015. Appellant John Doe 1 opening brief due 04/01/2015. Appellees Dell Inc., et al., answering brief due 05/01/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9358955] (HH) [Entered: 12/22/2014 03:40 PM] |
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