Disney Enterprises, Inc., et al v. VidAngel, Inc.
| DISNEY ENTERPRISES, INC., LUCASFILM LTD. LLC, TWENTIETH CENTURY FOX FILM CORPORATION and WARNER BROTHERS ENTERTAINMENT, INC. |
| VIDANGEL, INC. |
| 16-56843 |
| December 15, 2016 |
| U.S. Court of Appeals, Ninth Circuit |
| Copyright |
Opinions
We have the following opinions for this case:
| Description |
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 Disney Enterprises, Inc. v. VidAngel, Inc.
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Docket Report
RSS Track this Docket
This docket was last retrieved on December 15, 2017. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 94 MANDATE ISSUED.(CTB, ADH and LEK) Costs taxed against Appellant in the amount of $462.30. [10583064] (RR) [Entered: 09/15/2017 12:40 PM] |
| Filing 93 Filed (ECF) Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc. bill of costs (Form 10) in the amount of $462.30 USD. Date of service: 09/07/2017 [10573308] [16-56843] (Ehler, Rose) [Entered: 09/07/2017 03:28 PM] |
| Filing 92 Filed (ECF) Appellee Disney Enterprises, Inc. Correspondence: Correction of spelling of counsel names in published Opinion. Date of service: 08/30/2017 [10564193] [16-56843] (Ehler, Rose) [Entered: 08/30/2017 12:37 PM] |
Filing 91
FILED OPINION (CARLOS T. BEA, ANDREW D. HURWITZ and LESLIE E. KOBAYASHI) AFFIRMED. Judge: ADH Authoring, FILED AND ENTERED JUDGMENT. [10556053] (RMM) [Entered: 08/24/2017 07:53 AM]
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| Filing 90 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at http://www.ca9.uscourts.gov/media/[10467271] (BG) [Entered: 06/09/2017 02:37 PM] |
| Filing 89 ARGUED AND SUBMITTED TO CARLOS T. BEA, ANDREW D. HURWITZ and LESLIE E. KOBAYASHI. [10464641] (BG) [Entered: 06/08/2017 10:59 AM] |
| Filing 88 Filed clerk order (Deputy Clerk: PA):)KCAL/KCBS News applied to broadcast live, audio live and video and audio record for later broadcast the case captioned above, scheduled to be argued on Thursday, June 8, 2017 in Pasadena, CA. KCAL/KCBS News’ request is DENIED. [10464122] (PA) [Entered: 06/08/2017 07:04 AM] |
| Filing 87 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Donald Beaton Verrilli, Jr., Esquire for Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc.. [10380631] [16-56843] (Verrilli, Donald) [Entered: 04/03/2017 10:39 AM] |
| Filing 86 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Peter K. Stris for Appellant VidAngel, Inc.. [10380097] [16-56843] (Stris, Peter) [Entered: 04/01/2017 04:40 PM] |
| Filing 85 Notice of Oral Argument on Thursday, June 8, 2017 - 09:00 A.M. - Courtroom 2 - Pasadena CA.View the Oral Argument Calendar for your case here.Be sure to review the GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).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: PASADENA Office.[10379883] (DJW) [Entered: 03/31/2017 04:35 PM] |
| Filing 84 Received 7 paper copies of the redacted Opening Brief [42] filed by VidAngel, Inc.. (sent to panel) [10350469] (SD) [Entered: 03/09/2017 02:11 PM] |
| Filing 83 Ordered paper copies of Appellant's Redacted Opening Brief. Per 1/27/17 order. [10345427] (SOS) [Entered: 03/06/2017 05:17 PM] |
| Filing 82 Received 7 paper copies of Reply Brief [74] filed by VidAngel, Inc.. [10338518] (SD) [Entered: 03/01/2017 01:34 PM] |
| Filing 81 This case is being considered for the June 2017 Pasadena oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf. Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: regarding availability for oral argument). The Court discourages motions to continue after this 3-day period.The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar.In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10338416] (AW) [Entered: 03/01/2017 01:14 PM] |
| Filing 80 Filed clerk order: The reply brief [74] submitted by VidAngel, 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 CM/ECF. [10335965] (KT) [Entered: 02/28/2017 10:19 AM] |
| Filing 79 Received 7 paper copies of the redacted answering brief [54] filed by appellees. [10333309] (SD) [Entered: 02/24/2017 04:58 PM] |
| Filing 78 Received 7 paper copies of Answering Brief [69] filed UNDER SEAL by appellees. [10333276] (SD) [Entered: 02/24/2017 04:47 PM] |
| Filing 77 Filed 4 paper copies of supplemental excerpts of record [55], [70] in 3 volume(s) (Volume3 UNDER SEAL) filed by Appellees. [10333223] (KT) [Entered: 02/24/2017 04:20 PM] |
| Filing 76 COURT DELETED INCORRECT ENTRY. Excerpts withdrawn because they consisted of document that is not part of record on appeal. Notice about deletion sent to case participants registered for electronic filing. Original Text: Filed (ECF) UNDER SEAL Appellant VidAngel, Inc. notice of filing document under seal. Type of document: excerpts of record. Date of service: 02/22/2017. [10330048] [16-56843] (Stris, Peter) [Entered: 02/22/2017 11:48 PM] |
| Filing 75 COURT DELETED INCORRECT ENTRY. Excerpts withdrawn because they consisted of document that is not part of record on appeal. Notice about deletion sent to case participants registered for electronic filing. Original Text: Submitted (ECF) supplemental excerpts of record. Submitted by Appellant VidAngel, Inc.. Date of service: 02/22/2017. [10330047] [16-56843] (Stris, Peter) [Entered: 02/22/2017 11:47 PM] |
| Filing 74 Submitted (ECF) Reply Brief for review. Submitted by Appellant VidAngel, Inc.. Date of service: 02/22/2017. [10330044] [16-56843]--[COURT UPDATE: Attached corrected brief. 02/27/2017 by LA] (Stris, Peter) [Entered: 02/22/2017 11:41 PM] |
| Filing 73 Received 7 paper copies of Amicus Brief [59] filed by Advanced Access Content System License Administrator, LLC and DVD Copy Control Association, Inc.. [10328552] (SD) [Entered: 02/22/2017 11:13 AM] |
| Filing 72 Filed clerk order: The unredacted answering brief [69] submitted by appellees is filed UNDER SEAL. 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 CM/ECF. The Court has reviewed the supplemental excerpts of record [55], [70] submitted by appellees. 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. [10327567] (KT) [Entered: 02/21/2017 03:57 PM] |
| Filing 71 Filed clerk order: The redacted answering brief [54] submitted by appellees 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 CM/ECF. [10327553] (KT) [Entered: 02/21/2017 03:55 PM] |
| Filing 70 Submitted (ECF) UNDER SEAL supplemental excerpts of record Vol 3. Submitted by Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc.. Date of service: 02/08/2017. (Court-entered filing, excerpts of record originally submitted in [53].) [10327482] (WL) [Entered: 02/21/2017 03:38 PM] |
| Filing 69 Submitted (ECF) UNDER SEAL Unredacted Answering Brief for review. Submitted by Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc.. Date of service: 02/08/2017. (Court-entered filing, brief originally submitted in [53].) [10327459] (WL) [Entered: 02/21/2017 03:34 PM] |
| Filing 68 Filed order (Appellate Commissioner): Appellees’ motion (Docket Entry No. [53]) to file the unredacted answering brief and Volume 3 of the supplemental excerpts of record under seal is granted. The Clerk shall publicly file the motion, the redacted answering brief, and Volumes 1 and 2 of the supplemental excerpts of record, and shall file Volume 3 and the unredacted answering brief under seal. The optional reply brief is due within 14 days after the date of this order. (Sealed Documents) [10327448] (WL) [Entered: 02/21/2017 03:32 PM] |
| Filing 67 Filed Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc. motion to file the unredacted answering brief and Volume 3 of the supplemental excerpts of record UNDER SEAL. Deficiencies: None. Served on 02/08/2017. (Court-entered filing of motion submitted under seal at [53]) [10327437] (WL) [Entered: 02/21/2017 03:29 PM] |
| Filing 66 Received 7 paper copies of Amicus Brief [58] filed by Copyright Alliance. [10327036] (SD) [Entered: 02/21/2017 02:04 PM] |
| Filing 65 Received 7 paper copies of Amicus Brief [57] filed by ClearPlay, Inc.. [10326998] (SD) [Entered: 02/21/2017 01:53 PM] |
| Filing 64 Filed clerk order: The amicus brief [58] submitted by Copyright Alliance 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: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10322410] (KT) [Entered: 02/16/2017 11:23 AM] |
| Filing 63 Entered appearance of Amicus Curiae Copyright Alliance. [10322406] (KT) [Entered: 02/16/2017 11:22 AM] |
| Filing 62 Filed clerk order: The amicus brief [59] submitted by Advanced Access Content System License Administrator, LLC and DVD Copy Control Association, 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: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10321965] (KT) [Entered: 02/16/2017 09:25 AM] |
| Filing 61 Filed clerk order: The amicus brief [57] submitted by ClearPlay, 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: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10321959] (KT) [Entered: 02/16/2017 09:23 AM] |
| Filing 60 Entered appearance of Amici Curiae ClearPlay, Inc., DVD Copy Control Association, Inc. and Advanced Access Content System License Administrator, LLC. [10321954] (KT) [Entered: 02/16/2017 09:21 AM] |
| Filing 59 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by DVD Copy Control Association, Inc. and Advanced Access Content System License Administrator, LLC. Date of service: 02/15/2017. [10320990] [16-56843] (Short, Dean) [Entered: 02/15/2017 02:16 PM] |
| Filing 58 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Copyright Alliance. Date of service: 02/15/2017. [10320805] [16-56843] (Bowen, Lindsay) [Entered: 02/15/2017 01:11 PM] |
| Filing 57 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by ClearPlay, Inc.. Date of service: 02/14/2017. [10319149] [16-56843] (Sableman, Mark) [Entered: 02/14/2017 01:30 PM] |
| Filing 56 ENTRY UPDATED. Filed 4 paper copies of redacted excerpts of record (Volume 5) [47] filed by Appellant VidAngel, Inc. [10314761]--[Edited 03/06/2017 by LA to correct link to excerpts] (KT) [Entered: 02/10/2017 08:49 AM] |
| Filing 55 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc.. Date of service: 02/08/2017. [10308111] [16-56843] (Verrilli, Donald) [Entered: 02/08/2017 08:31 PM] |
| Filing 54 Submitted (ECF) Answering Brief for review. Submitted by Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc.. Date of service: 02/08/2017. [10308110] [16-56843] (Verrilli, Donald) [Entered: 02/08/2017 08:26 PM] |
| Filing 53 Filed (ECF) UNDER SEAL Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc. motion to file document under seal and submit sealed document. Type of document: other (Answering Brief and Supplemental Excerpts of Record Volume 3). Date of service: 02/08/2017. [10308109] [16-56843]--[COURT UPDATE: Attached corrected brief. 02/13/2017 by LA] (Verrilli, Donald) [Entered: 02/08/2017 08:08 PM] |
| Filing 52 Added attorney Donald Beaton Verrilli Jr. for Warner Brothers Entertainment, Inc. Lucasfilm Ltd. LLC Disney Enterprises, Inc. Twentieth Century Fox Film Corporation, in case 16-56843. [10307952] (RR) [Entered: 02/08/2017 04:34 PM] |
| Filing 51 Filed (ECF) notice of appearance of Donald B. Verrilli, Jr. for Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc.. Date of service: 02/08/2017. [10306761] [16-56843] (Verrilli, Donald) [Entered: 02/08/2017 09:20 AM] |
| Filing 50 Filed clerk order: The Court has reviewed the redacted version of Volume 5 of the excerpts of record [47] submitted by VidAngel, Inc. 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. [10300424] (KT) [Entered: 02/02/2017 03:31 PM] |
| Filing 49 Filed 4 paper copies of excerpts of record [24], [44] in 5 volumes (Volume 5 UNDER SEAL) filed by Appellant VidAngel, Inc.. [10300209] (ANL) [Entered: 02/02/2017 02:10 PM] |
| Filing 48 Received 7 paper copies of the unredacted opening brief [43] filed UNDER SEAL by VidAngel, Inc.. [10299897] (SD) [Entered: 02/02/2017 11:52 AM] |
| Filing 47 Submitted (ECF) excerpts of record. Submitted by Appellant VidAngel, Inc.. Date of service: 02/01/2017. [10298111] [16-56843] (O'Connell, Victor) [Entered: 02/01/2017 10:17 AM] |
| Filing 46 Filed clerk order: The unredacted opening brief [43] submitted by VidAngel, Inc. is filed UNDER SEAL. 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. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the excerpts of record [24], [44] submitted by VidAngel, Inc.. 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. [10288618] (KT) [Entered: 01/27/2017 03:45 PM] |
| Filing 45 Filed clerk order: The redacted opening brief [42] submitted by VidAngel, 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. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10288608] (KT) [Entered: 01/27/2017 03:44 PM] |
| Filing 44 Submitted (ECF) UNDER SEAL excerpts of record Vol 5. Submitted by Appellant VidAngel, Inc.. Date of service: 01/11/2017. (Court-entered filing, excerpts of record originally submitted in [23].) [10288100] (WL) [Entered: 01/27/2017 01:50 PM] |
| Filing 43 Submitted (ECF) UNDER SEAL Unredacted Opening Brief for review. Submitted by Appellant VidAngel, Inc.. Date of service: 01/11/2017. (Court-entered filing, brief originally submitted in [23].) [10288013] (WL) [Entered: 01/27/2017 01:45 PM] |
| Filing 42 Submitted (ECF) Redacted Opening Brief for review. Submitted by Appellant VidAngel, Inc.. Date of service: 01/11/2017. (Court-entered filing, brief originally submitted in [23].) [10287864] (WL) [Entered: 01/27/2017 01:41 PM] |
| Filing 41 Filed order (Appellate Commissioner): The parties’ renewed motions (Docket Entry Nos. [25] and [28]) to file portions of appellant’s motion for stay pending appeal and reply in support of motion and Volumes 3 and 5 of the Appendix and Supplemental Appendix under seal are granted as follows. The Clerk shall publicly file appellees’ motion at Docket Entry No. [25]. The Clerk shall publicly file documents 1, 3, and 4 of Docket Entry No. [28] and shall maintain document 2 (Exhibit A to Motion to Seal) under seal. The Clerk shall publicly file documents 1, 2, 4, 5, and 7 of Docket Entry No. [16], and shall maintain documents 3 (unredacted motion for stay pending appeal) and 6 (unredacted Appendix Volume 3) under seal. The Clerk shall publicly file documents 1 and 3 of Docket Entry No. [19], and shall maintain document 2 (unredacted Supplemental Appendix Volume 5) under seal. The Clerk shall publicly file documents 1, 2, and 4 of Docket Entry No. [21], and shall file document 3 (unredacted reply in support of motion for stay) under seal. Appellant’s motion (Docket Entry No. [23]) to file the unredacted opening brief and Volume 5 of the excerpts of record under seal is granted. The Clerk shall publicly file the motion (document 1), the redacted opening brief (document 3), the certificate of service (document 5), and Volumes 1 through 4 of the excerpts of record (submitted at Docket Entry No. [24]). The Clerk shall file the unredacted opening brief (document 2) and Volume 5 (document 4) under seal. Within 7 days after the date of this order, appellant shall submit for public filing a redacted version of Volume 5 of the excerpts of record. The existing briefing schedule continues in effect. (Sealed Documents) [10287413] (WL) [Entered: 01/27/2017 01:30 PM] |
| Filing 40 Filed Appellant VidAngel, Inc. motion to file UNREDACTED Opening Brief and EOR Vol 5 UNDER SEAL. Deficiencies: None. Served on 01/11/2017. (Court-Entered filing of motion submitted under seal at [23]) [10283937] (WL) [Entered: 01/27/2017 12:01 PM] |
| Filing 39 Filed Appellant VidAngel, Inc. motion to file Reply In Support Of VidAngel’s Emergency Motion Under Circuit Rule 27-3 For A Stay Pending Appeal UNDER SEAL. Deficiencies: None. Served on 01/03/2017. (Court-Entered filing of motion submitted under seal at [21]) [10282944] (WL) [Entered: 01/27/2017 11:32 AM] |
| Filing 38 Filed Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc. motion to file Supplemental appendix Vol 5 UNDER SEAL. Deficiencies: None. Served on 01/02/2017. (Court-Entered filing of motion submitted under seal at [19]) [10282928] (WL) [Entered: 01/27/2017 11:26 AM] |
| Filing 37 Filed Appellant VidAngel, Inc. motion to file Emergency Motion Under Circuit Rule 27-3 For A Stay Pending Appeal UNDER SEAL. Deficiencies: None. Served on 12/30/2016. (Court-Entered filing of motion submitted under seal at [16]) [10282910] (WL) [Entered: 01/27/2017 11:18 AM] |
| Filing 36 Filed Appellant VidAngel, Inc. motion to seal portions of appellant's appendix, Vol 3 And Appellees' supplemental appendix Vol 5 UNDER SEAL. Deficiencies: None. Served on 01/18/2017. (Court-Entered filing of motion submitted under seal at [28] [10282874] (WL) [Entered: 01/27/2017 11:07 AM] |
| Filing 35 Filed Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc. motion to seal portions of Vidangel's appendix VOL 3 UNDER SEAL. Deficiencies: None. Served on 01/18/2017. (Court-Entered filing of motion submitted under seal at [25]) [10282826] (WL) [Entered: 01/27/2017 10:48 AM] |
| Filing 34 Received 7 paper copies of Amicus Brief [27] filed by Electronic Frontier Foundation. [10275857] (SD) [Entered: 01/23/2017 02:43 PM] |
| Filing 33 Received 7 paper copies of Amicus Brief [26] filed by Spencer Bachus and John Hostettler. [10275839] (SD) [Entered: 01/23/2017 02:41 PM] |
| Filing 32 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. [10272711] (CL) [Entered: 01/19/2017 05:09 PM] |
| Filing 31 Filed clerk order: The amicus brief [27] submitted by Electronic Frontier Foundation 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: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10272672] (KT) [Entered: 01/19/2017 04:50 PM] |
| Filing 30 Filed clerk order: The amicus brief [26] submitted by Spencer Bachus and John Hostettler 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: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10272671] (KT) [Entered: 01/19/2017 04:49 PM] |
| Filing 29 Entered appearance of Amici Curiae John Hostettler, Spencer Bachus and Electronic Frontier Foundation. [10272667] (KT) [Entered: 01/19/2017 04:48 PM] |
| Filing 28 Filed (ECF) UNDER SEAL Appellant VidAngel, Inc. motion to file document under seal and submit sealed document. Type of document: other (Defendant-Appellant's Motion to Seal Portions of Appellant's Appendix, Volume 3 (Dkt. 16) and Appellees' Supplemental Appendix Volume 5 (Dkt. 19)). Date of service: 01/18/2017. [10271009] [16-56843] (O'Connell, Victor) [Entered: 01/18/2017 10:45 PM] |
| Filing 27 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Electronic Frontier Foundation. Date of service: 01/18/2017. [10270980] [16-56843]--[COURT UPDATE: Attached corrected brief. 01/19/2017 by SLM] (Stoltz, Mitchell) [Entered: 01/18/2017 07:46 PM] |
| Filing 26 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by John Hostettler and Spencer Bachus. Date of service: 01/18/2017. [10270131] [16-56843] (Delgado, William) [Entered: 01/18/2017 02:15 PM] |
| Filing 25 Filed (ECF) UNDER SEAL Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc. motion to file document under seal and submit sealed document. Type of document: other (Portions of VidAngel's Appendix Volume 3 (Dkt. No. 16)). Date of service: 01/18/2017. [10269798] [16-56843] (Klaus, Kelly) [Entered: 01/18/2017 11:47 AM] |
| Filing 24 Submitted (ECF) excerpts of record. Submitted by Appellant VidAngel, Inc.. Date of service: 01/11/2017. [10263145] [16-56843] (Stris, Peter) [Entered: 01/11/2017 09:33 PM] |
| Filing 23 Filed (ECF) UNDER SEAL Appellant VidAngel, Inc. motion to file document under seal and submit sealed document. Type of document: other (Appellant's Opening Brief; (Redacted) Appellant's Opening Brief; and Excerpts of Record, Volume V.). Date of service: 01/11/2017. [10263144] [16-56843] (Stris, Peter) [Entered: 01/11/2017 09:25 PM] |
| Filing 22 Filed order (EDWARD LEAVY and BARRY G. SILVERMAN) Appellant’s motion to stay the district court’s December 12, 2016 order pending appeal (Docket Entry No. [16]) is denied. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). Appellant’s motion to seal portions of its emergency stay motion and appendix volume 3 (Docket Entry No. [16]), motion to seal its reply in support of its emergency stay motion (Docket Entry No. [21]), and appellees’ motion to seal the supplemental appendix volume 5 (Docket Entry No. [19]) are denied without prejudice to renewal of the motions within 14 days from the date of this order. See Interim 9th Cir. R. 27-13. The documents filed under seal provisionally will remain under seal provisionally until renewed motions to seal are filed or, if no renewed motion is filed, the documents provisionally filed under seal will be unsealed. The briefing schedule established previously remains in effect. [10254318] (WL) [Entered: 01/04/2017 01:09 PM] |
| Filing 21 Filed (ECF) UNDER SEAL Appellant VidAngel, Inc. motion to file document under seal and submit sealed document. Type of document: brief. Date of service: 01/03/2017. [10253196] [16-56843] (Stris, Peter) [Entered: 01/03/2017 11:09 PM] |
| Filing 20 Filed (ECF) Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc. response opposing motion ([16] Motion (Seal) (ECF Filing)). Date of service: 01/02/2017. [10251409] [16-56843] (Klaus, Kelly) [Entered: 01/02/2017 09:40 PM] |
| Filing 19 Filed (ECF) UNDER SEAL Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc. motion to file document under seal and submit sealed document. Type of document: other (Appellees' Supplemental Appendix Volume 5). Date of service: 01/02/2017. [10251407] [16-56843] (Klaus, Kelly) [Entered: 01/02/2017 09:21 PM] |
| Filing 18 Filed clerk order (Deputy Clerk: TF): Appellees’ response to appellant’s emergency motion for a stay pending appeal (Docket Entry No. [16]) is due January 2, 2017. Appellant’s optional reply is due January 3, 2017. [10250550] (WL) [Entered: 12/30/2016 10:20 AM] |
| Filing 17 Added attorney Victor O'Connell for VidAngel, Inc., in case 16-56843. [10250291] (CW) [Entered: 12/30/2016 07:45 AM] |
| Filing 16 Filed (ECF) UNDER SEAL Appellant VidAngel, Inc. motion to file document under seal and submit sealed document. Type of document: other (Emergency Motion Under Circuit Rule 27-3 For A Stay Pending Appeal and Appellant's Appendix). Date of service: 12/30/2016. [10250258] [16-56843] (Stris, Peter) [Entered: 12/30/2016 05:13 AM] |
| Filing 15 Filed (ECF) notice of appearance of Victor O'Connell for Appellant VidAngel, Inc.. Date of service: 12/29/2016. [10250255] [16-56843] (O'Connell, Victor) [Entered: 12/29/2016 11:12 PM] |
| Filing 14 Filed Mediation order: This case is under consideration for inclusion in the Mediation Program. By 01/13/2017 , 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... [10248137] (VS) [Entered: 12/28/2016 11:44 AM] |
| Filing 13 Added attorney Allyson R. Bennett for Warner Brothers Entertainment, Inc. Lucasfilm Ltd. LLC Disney Enterprises, Inc. Twentieth Century Fox Film Corporation, in case 16-56843. [10247556] (MT) [Entered: 12/27/2016 04:46 PM] |
| Filing 12 Filed (ECF) notice of appearance of Allyson R. Bennett for Appellees Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation and Warner Brothers Entertainment, Inc.. Date of service: 12/27/2016. [10247331] [16-56843] (Bennett, Allyson) [Entered: 12/27/2016 03:40 PM] |
| Filing 11 Added attorney Shaun Martin for VidAngel, Inc., in case 16-56843. [10242405] (RR) [Entered: 12/21/2016 02:42 PM] |
| Filing 10 Added attorney Douglas D. Geyser for VidAngel, Inc., in case 16-56843. [10242398] (RR) [Entered: 12/21/2016 02:41 PM] |
| Filing 9 Added attorney Dana Erin Berkowitz for VidAngel, Inc., in case 16-56843. [10242377] (RR) [Entered: 12/21/2016 02:39 PM] |
| Filing 8 Filed (ECF) notice of appearance of Shaun P. Martin for Appellant VidAngel, Inc.. Date of service: 12/21/2016. [10242193] [16-56843] (Martin, Shaun) [Entered: 12/21/2016 01:49 PM] |
| Filing 7 Filed (ECF) notice of appearance of Douglas D. Geyser for Appellant VidAngel, Inc.. Date of service: 12/21/2016. [10242068] [16-56843] (Geyser, Douglas) [Entered: 12/21/2016 01:11 PM] |
| Filing 6 Filed (ECF) notice of appearance of Dana Berkowitz for Appellant VidAngel, Inc.. Date of service: 12/21/2016. [10242060] [16-56843] (Berkowitz, Dana) [Entered: 12/21/2016 01:09 PM] |
| Filing 5 Added attorney Brendan Maher for VidAngel, Inc., in case 16-56843. [10240912] (MT) [Entered: 12/20/2016 04:32 PM] |
| Filing 4 Filed (ECF) Appellant VidAngel, Inc. Mediation Questionnaire. Date of service: 12/19/2016. [10239207] [16-56843] (Stris, Peter) [Entered: 12/19/2016 04:46 PM] |
| Filing 3 Filed (ECF) notice of appearance of Brendan S. Maher for Appellant VidAngel, Inc.. Date of service: 12/19/2016. [10238164] [16-56843] (Maher, Brendan) [Entered: 12/19/2016 10:35 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: ME): The appeal filed December 14, 2016 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than January 11, 2017; the answering brief is due February 8, 2017 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). The parties are reminded that streamlined requests for extensions of time are not available in preliminary injunction appeals. See http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000638. Any request for an extension of time must be requested under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [10235315] (ME) [Entered: 12/15/2016 02:37 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 12/22/2016. FRAP 3-3. [10234275] (JN) [Entered: 12/15/2016 09:00 AM] |
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