Manasa Thimmegowda v. Big Fish Games, Inc., et al
Defendant / Appellee: CHURCHILL DOWNS, INC., a Kentucky corporation, ARISTOCRAT TECHNOLOGIES, INC., a Nevada corporation, ARISTOCRAT LEISURE LIMITED, an Australian corporation and BIG FISH GAMES, INC., a Washington corporation
Plaintiff / Appellant: MANASA THIMMEGOWDA, individually and on behalf of all others similarly situated
Case Number: 19-36090
Filed: December 20, 2019
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on January 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2020 Filing 17 Added Attorney(s) Beth Brinkmann for party(s) Appellee Aristocrat Leisure Limited Appellee Aristocrat Technologies, Inc. Appellee Big Fish Games, Inc., in case 19-36090. [11580738] (NAC) [Entered: 01/31/2020 10:45 AM]
January 31, 2020 Filing 16 Filed (ECF) notice of appearance of Beth S. Brinkmann (COVINGTON & BURLING LLP, One City Center, 850 Tenth Street, NW, Washington, D.C. 20001) for Appellees Aristocrat Leisure Limited, Aristocrat Technologies, Inc. and Big Fish Games, Inc.. Date of service: 01/31/2020. (Party was previously proceeding with counsel.) [11580732] [19-36090] (Brinkmann, Beth) [Entered: 01/31/2020 10:43 AM]
January 24, 2020 Filing 15 Filed (ECF) Appellees Aristocrat Leisure Limited, Churchill Downs, Inc., Aristocrat Technologies, Inc. and Big Fish Games, Inc. reply to response to order to show cause dated 12/24/2019. Date of service: 01/24/2020. [11574380] [19-36090] (Henn, Emily) [Entered: 01/24/2020 07:17 PM]
January 22, 2020 Filing 14 Attorney Janissa A. Strabuk in 19-36090 substituted by Attorney Cecily Shiel in 19-36090 [11570073] (NAC) [Entered: 01/22/2020 11:27 AM]
January 22, 2020 Filing 13 Filed (ECF) notice of appearance of Cecily C. Shiel (Tousley Brain Stephens PLLC, 1700 Seventh Avenue, #2200, Seattle, WA 98101) for Appellant Manasa Thimmegowda. Substitution for Attorney Janissa A. Strabuk for Appellant Manasa Thimmegowda. Date of service: 01/22/2020. (Party was previously proceeding with counsel.) [11570068] [19-36090] (Shiel, Cecily) [Entered: 01/22/2020 11:25 AM]
January 21, 2020 Filing 12 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. The briefing schedule previously established by the court remains in effect. [11567938] (LW) [Entered: 01/21/2020 11:15 AM]
January 14, 2020 Filing 11 Filed (ECF) Appellant Manasa Thimmegowda response to Court order dated 12/24/2019. Date of service: 01/14/2020. [11562057] [19-36090] (Perlstadt, Roger) [Entered: 01/14/2020 02:30 PM]
December 30, 2019 Filing 10 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 01/18/2020, 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... [11546476] (LW) [Entered: 12/30/2019 11:56 AM]
December 27, 2019 Filing 9 The Mediation Questionnaire for this case was filed on 12/27/2019. 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.[11545264]. [19-36090] (AD) [Entered: 12/27/2019 12:44 PM]
December 27, 2019 Filing 8 Filed (ECF) Appellant Manasa Thimmegowda Mediation Questionnaire. Date of service: 12/27/2019. [11545026] [19-36090] (Perlstadt, Roger) [Entered: 12/27/2019 10:35 AM]
December 24, 2019 Filing 7 Filed clerk order (Deputy Clerk: MKN): These appeals challenge (1) two district court orders regulating defendants communications with putative class members pursuant to Federal Rule of Civil Procedure 23(d); and (2) the district courts order extending defendants time to appeal pursuant to Federal Rule of Appellate Procedure 4(a)(5). 2 19-36090 A review of the record suggests that this court may lack jurisdiction to review the district courts Rule 23(d) orders because an order that relates to the conduct or progress of litigation before the district court generally is not appealable under 28 U.S.C. 1292(a)(1). See Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 279 (1988); see also Fed. R. Civ. P. 23(d) (in conducting a class action the district court may issue orders governing notice provided to class members); Wang v. Chinese Daily News, Inc., 623 F.3d 743, 756 (9th Cir. 2010) (Rule 23(d) gives district courts the power to regulate the notice and opt-out processes and to impose limitations when a party engages in behavior that threatens the fairness of the litigation), vacated on other grounds, 565 U.S. 801 (2011). Further, if this court lacks jurisdiction to review the district courts Rule 23(d) orders, any challenge to the district courts order extending defendants time to appeal may be moot. Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeals or show cause why the appeals should not be dismissed for lack of jurisdiction. If appellants elect to show cause, responses may be filed within 10 days after service of the memorandum. If appellants do not comply with this order, the Clerk shall dismiss these appeals pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11543709] [19-36090, 19-36091] (RT) [Entered: 12/24/2019 02:39 PM]
December 23, 2019 Filing 6 Terminated Janie Shiel for Manasa Thimmegowda in 19-36090 (added in error) [11541547] (HC) [Entered: 12/23/2019 09:59 AM]
December 20, 2019 Filing 5 Added Attorney(s) Ryan D. Andrews for party(s) Appellant Manasa Thimmegowda, in case 19-36090. [11540359] (JFF) [Entered: 12/20/2019 02:37 PM]
December 20, 2019 Filing 4 Added Attorney(s) Roger J. Perlstadt for party(s) Appellant Manasa Thimmegowda, in case 19-36090. [11540342] (JFF) [Entered: 12/20/2019 02:32 PM]
December 20, 2019 Filing 3 Filed (ECF) notice of appearance of Roger Joshua Perlstadt (Edelson PC, 350 North LaSalle Street, 14th Floor, Chicago, Illinois 60654) for Appellant Manasa Thimmegowda. Date of service: 12/20/2019. (Party was previously proceeding with counsel.) [11540304] [19-36090] (Perlstadt, Roger) [Entered: 12/20/2019 02:24 PM]
December 20, 2019 Filing 2 Filed (ECF) notice of appearance of Ryan D. Andrews (Edelson P.C., 350 N. LaSalle, 14th Fl., Chicago, IL 60654) for Appellant Manasa Thimmegowda. Date of service: 12/20/2019. (Party was previously proceeding with counsel.) [11539791] [19-36090] (Andrews, Ryan) [Entered: 12/20/2019 11:27 AM]
December 20, 2019 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal, C.R. 3-3. [11539457] (RT) [Entered: 12/20/2019 09:27 AM]

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Defendant / appellee: CHURCHILL DOWNS, INC., a Kentucky corporation
Represented By: Emily Johnson Henn Esquire
Represented By: Gary Rubman
Represented By: Mark Parris
Represented By: David Samuel Watnick Esquire
Represented By: Paul Rugani
Represented By: Matthew Verdin
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Defendant / appellee: ARISTOCRAT TECHNOLOGIES, INC., a Nevada corporation
Represented By: Emily Johnson Henn Esquire
Represented By: Gary Rubman
Represented By: Mark Parris
Represented By: David Samuel Watnick Esquire
Represented By: Paul Rugani
Represented By: Matthew Verdin
Represented By: Beth Brinkmann
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Defendant / appellee: ARISTOCRAT LEISURE LIMITED, an Australian corporation
Represented By: Emily Johnson Henn Esquire
Represented By: Gary Rubman
Represented By: Mark Parris
Represented By: David Samuel Watnick Esquire
Represented By: Paul Rugani
Represented By: Matthew Verdin
Represented By: Beth Brinkmann
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Defendant / appellee: BIG FISH GAMES, INC., a Washington corporation
Represented By: Emily Johnson Henn Esquire
Represented By: Gary Rubman
Represented By: Mark Parris
Represented By: David Samuel Watnick Esquire
Represented By: Paul Rugani
Represented By: Matthew Verdin
Represented By: Beth Brinkmann
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Plaintiff / appellant: MANASA THIMMEGOWDA, individually and on behalf of all others similarly situated
Represented By: Rafey S. Balabanian
Represented By: Alexander Glenn Tievsky
Represented By: Janissa A. Strabuk
Represented By: Ryan D. Andrews
Represented By: Todd Logan
Represented By: Roger J. Perlstadt
Represented By: Cecily Shiel
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