Jeffrey Berk, et al v. Coinbase, Inc., et al
| WILLIAM CROWE, MICHAEL SHRIBER, PREETHAM PERIASWAMI, NIKO YOUNTS, on behalf of themselves and all others similarly situated, JEFFREY BERK, NATHANIEL PYRON and SPENCER SOLTAU |
| DAVID FARMER, COINBASE, INC., a Delaware corporation, DBA Global Digital Asset Exchange, GDAX and BRIAN ARMSTRONG |
| 19-16594 |
| August 13, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Property Damage |
Docket Report
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Filing 46
MANDATE ISSUED.(RCT, MHM and MBC) [11963242] (RL) [Entered: 01/14/2021 08:30 AM]
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Filing 45
FILED MEMORANDUM DISPOSITION (RICHARD C. TALLMAN, MARY H. MURGUIA and MORGAN B. CHRISTEN) REVERSED AND REMANDED. FILED AND ENTERED JUDGMENT. [11937813] (AKM) [Entered: 12/23/2020 08:12 AM]
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Filing 44
Filed text clerk order (Deputy Clerk: AKM): Appellees motion to take judicial notice, ECF [ # 19 ], and Appellants cross-motion for affirmative relief, ECF [ # 27 ], are denied. [11937812] (AKM) [Entered: 12/23/2020 08:10 AM]
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Filing 43
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/ [11924005] (BJK) [Entered: 12/11/2020 10:07 AM]
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Filing 42
ARGUED AND SUBMITTED TO RICHARD C. TALLMAN, MARY H. MURGUIA and MORGAN B. CHRISTEN. [11923553] (SME) [Entered: 12/10/2020 05:27 PM]
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Filing 41
Filed (ECF) Acknowledgment of hearing notice by Attorney Erin Meyer for Appellants Brian Armstrong, Coinbase, Inc. and David Farmer. Hearing in San Francisco on 12/10/2020 at 1:30 P.M. (Courtroom: 2). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/17/2020. [11896533] [19-16594] (Meyer, Erin) [Entered: 11/17/2020 04:15 PM]
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Filing 40
Filed (ECF) Acknowledgment of hearing notice by Attorney Lynda J. Grant, Esquire for Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts. Hearing in San Francisco on 12/10/2020 at 1:30 P.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/17/2020. [11896079] [19-16594] (Grant, Lynda) [Entered: 11/17/2020 02:14 PM]
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Filing 39
Notice of Oral Argument on Thursday, December 10, 2020 - 1:30 P.M. - Courtroom 2 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Thursday, December 10, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11889689]. [19-16594] (AW) [Entered: 11/12/2020 09:40 AM]
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Filing 38
Filed (ECF) Acknowledgment of hearing notice by Attorney Erin Meyer for Appellants Brian Armstrong, Coinbase, Inc. and David Farmer. Hearing in San Francisco on 12/10/2020 at 09:30 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/30/2020. [11842987] [19-16594] (Meyer, Erin) [Entered: 09/30/2020 04:22 PM]
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Filing 37
Added Attorney Lynda J. Grant for Appellees Jeffrey Berk, et al., in case 19-16594. [11842879] (HH) [Entered: 09/30/2020 03:50 PM]
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Filing 36
Filed (ECF) notice of appearance of Lynda J. Grant (TheGrantLawFirm, PLLC, 521 Fifth Ave., 17th Floor, New York, NY 10175) for Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts. Date of service: 09/30/2020. (Party was previously proceeding with counsel.) [11842850] [19-16594] (Grant, Lynda) [Entered: 09/30/2020 03:38 PM]
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Filing 35
Notice of Oral Argument on Thursday, December 10, 2020 - 09:30 A.M. - Courtroom 2 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Thursday, December 10, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11838169]. [19-16594] (AW) [Entered: 09/27/2020 06:18 AM]
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Filing 34
Received 6 paper copies of Reply Brief [ # 32 ] filed by Appellants. [11819414] (MAE) [Entered: 09/10/2020 03:13 PM]
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Filing 33
Filed clerk order: The reply brief [ # 32 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [11816645] (SML) [Entered: 09/08/2020 05:04 PM]
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Filing 32
Submitted (ECF) Reply Brief for review. Submitted by Appellants Coinbase, Inc., Brian Armstrong and David Farmer. Date of service: 09/08/2020. [11816238] [19-16594] (Hirsch, Steven) [Entered: 09/08/2020 03:12 PM]
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Filing 31
Filed (ECF) Attorney Erin Meyer for Appellants Brian Armstrong, Coinbase, Inc. and David Farmer response to notice for case being considered for oral argument. Date of service: 08/19/2020. [11795086] [19-16594] (Meyer, Erin) [Entered: 08/19/2020 01:51 PM]
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Filing 30
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for December 2020 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[11794637]. [19-16594] (AW) [Entered: 08/19/2020 10:21 AM]
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Filing 29
Filed (ECF) Appellants Coinbase, Inc., Brian Armstrong and David Farmer reply to response (). Date of service: 08/12/2020. [11786688] [19-16594] (Hirsch, Steven) [Entered: 08/12/2020 01:52 PM]
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Filing 28
Filed (ECF) Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts response to motion ([ # 27 ] Response to Motion (ECF Filing)). Date of service: 08/05/2020. [11778288] [19-16594] (Green, Robert) [Entered: 08/05/2020 12:04 PM]
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Filing 27
Filed (ECF) Appellants Brian Armstrong, Coinbase, Inc. and David Farmer response to motion ([ # 19 ] Motion (ECF Filing), [ # 19 ] Motion (ECF Filing)). Date of service: 07/27/2020. [11768265] [19-16594] (Hirsch, Steven) [Entered: 07/27/2020 06:42 PM]
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Filing 26
Received 6 paper copies of Answering Brief [ # 17 ] filed by Appellees. [11766124] (SD) [Entered: 07/25/2020 02:43 PM]
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Filing 25
Received 3 paper copies of supplemental excerpts of record [ # 18 ] in 2 volume(s) filed by Appellees. [11765998] (LA) [Entered: 07/24/2020 06:50 PM]
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Filing 24
Received 3 paper copies of excerpts of record [ # 13 ] in 3 volume(s) filed by Appellants. [11763425] (LA) [Entered: 07/23/2020 11:21 AM]
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Filing 23
Received 6 paper copies of Opening Brief [ # 12 ] filed by Brian Armstrong, Coinbase, Inc. and David Farmer. [11762825] (SD) [Entered: 07/22/2020 05:39 PM]
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Filing 22
Streamlined request [21] by Appellants Brian Armstrong, Coinbase, Inc. and David Farmer to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 09/08/2020. [11757749] (JN) [Entered: 07/17/2020 05:20 PM]
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Filing 21
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Brian Armstrong, Coinbase, Inc. and David Farmer. New requested due date is 09/08/2020. [11757594] [19-16594] (Hirsch, Steven) [Entered: 07/17/2020 04:20 PM]
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Filing 20
Filed clerk order: The answering brief [ # 17 ] submitted by Appellees is filed. The supplemental excerpts of record [ # 18 ] submitted by Appellees are filed. The Court previously filed the opening brief [ # 12 ] and excerpts of record [ # 13 ] submitted by Appellants. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the opening brief must be blue. The covers of the answering brief must be red. Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11757295] (SML) [Entered: 07/17/2020 03:01 PM]
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Filing 19
Filed (ECF) Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts Motion to take judicial notice of Exhibit A. Date of service: 07/17/2020. [11757201]--[COURT ENTERED FILING to correct entry [ # 17 ].] (SML) [Entered: 07/17/2020 02:35 PM]
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Filing 18
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts. Date of service: 07/17/2020. [11756920] [19-16594] (Green, Robert) [Entered: 07/17/2020 01:25 PM]
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Filing 17
Submitted (ECF) Answering Brief for review. Submitted by Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts. Date of service: 07/17/2020. [11756888] [19-16594]--[COURT UPDATE: Removed incorrectly attached motion for judicial notice. See entry [ # 19 ]. 07/17/2020 by SML] (Green, Robert) [Entered: 07/17/2020 01:17 PM]
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| Filing 16 Streamlined request [15] by Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts to extend time to file the brief is approved. Amended briefing schedule: Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts answering brief due 07/17/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11711521] (JN) [Entered: 06/04/2020 03:35 PM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts. New requested due date is 07/17/2020. [11711481] [19-16594] (Green, Robert) [Entered: 06/04/2020 03:13 PM] |
| Filing 14 Filed clerk order: The opening brief [ # 12 ] and excerpts of record [ # 13 ] submitted by Brian Armstrong, Coinbase, Inc. and David Farmer are filed. No paper copies are required at this time. [11694914] (KWG) [Entered: 05/19/2020 08:49 AM] |
| Filing 13 Submitted (ECF) excerpts of record. Submitted by Appellants Coinbase, Inc., Brian Armstrong and David Farmer. Date of service: 05/18/2020. [11694401] [19-16594] (Hirsch, Steven) [Entered: 05/18/2020 03:55 PM] |
| Filing 12 Submitted (ECF) Opening Brief for review. Submitted by Appellants Coinbase, Inc., Brian Armstrong and David Farmer. Date of service: 05/18/2020. [11694384] [19-16594] (Hirsch, Steven) [Entered: 05/18/2020 03:50 PM] |
| Filing 11 Added Attorney Steven A. Hirsch for Appellants David Farmer, Brian Armstrong and Coinbase, Inc., in case 19-16594. [11694370] (HH) [Entered: 05/18/2020 03:46 PM] |
| Filing 10 Filed (ECF) notice of appearance of Steven A. Hirsch (Keker, Van Nest & Peters LLP, 633 Battery Street, San Francisco, CA 94111) for Appellants Coinbase, Inc., Brian Armstrong and David Farmer. Date of service: 05/18/2020. (Party was previously proceeding with counsel.) [11694357] [19-16594] (Hirsch, Steven) [Entered: 05/18/2020 03:41 PM] |
| Filing 9 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. The briefing schedule previously established by the court remains in effect. [11629888] (LW) [Entered: 03/13/2020 03:39 PM] |
| Filing 8 MEDIATION STATUS REPORT DUE - 03/13/2020. The briefing schedule previously set by the court is amended as follows :Appellants Brian Armstrong, Coinbase, Inc. and David Farmer opening brief due 05/18/2020. Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts answering brief due 06/17/2020Appellants optional reply brief is due within twenty one 21 days from the service date of the answer brief. See order for details. [11530280] (LW) [Entered: 12/12/2019 01:34 PM] |
| Filing 7 MEDIATION STATUS REPORT DUE - 12/13/2019. See order for details. [11492384] (LW) [Entered: 11/07/2019 10:58 AM] |
| Filing 6 MEDIATION STATUS REPORT DUE - 11/06/2019. The briefing schedule previously set by the court is amended as follows : Appellants Brian Armstrong, Coinbase, Inc. and David Farmer opening brief due 02/18/2020. Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts answering brief due 03/19/2020. Appellants optional reply brief is due within twenty one 21 days from the service date of the answer brief. See order for details. [11452858] (MS) [Entered: 10/03/2019 11:35 AM] |
| Filing 5 MEDIATION CONFERENCE RESCHEDULED - AssessmentConference, 10/03/2019, 11:00 a.m. Pacific Time. (originally scheduled on 10/01/2019 ). [11447792] (MS) [Entered: 09/30/2019 09:00 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - Assessment Conference, 10/01/2019, 2:30 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11405860] (LW) [Entered: 08/21/2019 03:33 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 08/19/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11401993][19-16594] (AD) [Entered: 08/19/2019 12:44 PM] |
| Filing 2 Filed (ECF) Appellants Coinbase, Inc., Brian Armstrong and David Farmer Mediation Questionnaire. Date of service: 08/19/2019. [11401955] [19-16594] (Ragland, Steven) [Entered: 08/19/2019 12:28 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 08/20/2019. Transcript ordered by 09/12/2019. Transcript due 10/11/2019. Appellants Brian Armstrong, Coinbase, Inc. and David Farmer opening brief due 11/20/2019. Appellees Jeffrey Berk, William Crowe, Preetham Periaswami, Nathaniel Pyron, Michael Shriber, Spencer Soltau and Niko Younts answering brief due 12/20/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11396259] (RT) [Entered: 08/13/2019 03:31 PM] |
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