Axon Enterprise, Inc. v. FTC, et al
Defendant / Appellee: CHRISTINE WILSON, in her official capacity as Commissioners of the Federal Trade Commission, REBECCA SLAUGHTER, in her official capacity as Commissioners of the Federal Trade Commission, ROHIT CHOPRA, in his official capacity as Commissioners of the Federal Trade Commission, JOSEPH J. SIMONS, in his official capacity as Commissioners of the Federal Trade Commission, NOAH PHILLIPS, in his official capacity as Commissioners of the Federal Trade Commission and FEDERAL TRADE COMMISSION, a federal administrative agency
Plaintiff / Appellant: AXON ENTERPRISE, INC., a Delaware corporation
Amicus Curiae: NEW CIVIL LIBERTIES ALLIANCE and TECHFREEDOM
Case Number: 20-15662
Filed: April 14, 2020
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
January 28, 2021 Summary Axon Enterprise, Inc. v. Federal Trade Commission

Docket Report

This docket was last retrieved on June 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 10, 2020 Filing 27 Filed (ECF) Acknowledgment of hearing notice by Attorney Pamela Beth Petersen for Appellant Axon Enterprise, Inc.. Hearing in San Francisco on 07/17/2020 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/10/2020. [11717884] [20-15662] (Petersen, Pamela) [Entered: 06/10/2020 04:11 PM]
June 10, 2020 Filing 26 Filed (ECF) Acknowledgment of hearing notice by Attorney Daniel Aguilar for Appellees Rohit Chopra, FTC, Noah Phillips, Joseph J. Simons, Rebecca Slaughter and Christine Wilson. Hearing in San Francisco on 07/17/2020 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/10/2020. [11717240] [20-15662] (Aguilar, Daniel) [Entered: 06/10/2020 10:34 AM]
June 1, 2020 Filing 25 Filed clerk order: The answering brief [ # 24 ] submitted by appellees is filed. No paper copies are required at this time. [11706446] (SML) [Entered: 06/01/2020 10:25 AM]
June 1, 2020 Filing 24 Submitted (ECF) Answering Brief for review. Submitted by Appellees FTC, Rohit Chopra, Noah Phillips, Joseph J. Simons, Rebecca Slaughter and Christine Wilson. Date of service: 06/01/2020. [11706223] [20-15662] (Aguilar, Daniel) [Entered: 06/01/2020 08:38 AM]
May 8, 2020 Filing 23 Filed clerk order: The amicus brief [ # 21 ] submitted by New Civil Liberties Alliance and TechFreedom is filed. No paper copies are required at this time. [11685206] (SML) [Entered: 05/08/2020 01:21 PM]
May 8, 2020 Filing 22 Entered appearance of Amici Curiae New Civil Liberties Alliance and TechFreedom. [11685202] (SML) [Entered: 05/08/2020 01:21 PM]
May 8, 2020 Filing 21 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by New Civil Liberties Alliance and TechFreedom. Date of service: 05/08/2020. [11684982] [20-15662] (Dynar, Aditya) [Entered: 05/08/2020 12:17 PM]
May 6, 2020 Filing 20 Filed clerk order: The corrected opening brief [ # 18 ] and excerpts of record [ # 14 ] submitted by Axon Enterprise, Inc. are filed. No paper copies are required at this time. [11682901] (SML) [Entered: 05/06/2020 04:26 PM]
May 6, 2020 Filing 19 Filed clerk order (Deputy Clerk: WL): Appellants Unopposed Motion for Leave to File a Corrected Opening Brief (Dkt. No. [ # 17 ]) is GRANTED. The corrected brief (Dkt. No. [ # 18 ]) shall replace the brief filed on May 1, 2020 (Dkt. No. [13]). The current briefing schedule remains in effect. [11682500] (WL) [Entered: 05/06/2020 01:08 PM]
May 4, 2020 Filing 18 Submitted (ECF) Opening Brief for review. Submitted by Appellant Axon Enterprise, Inc.. Date of service: 05/02/2020. [11679558] [20-15662] (Petersen, Pamela) [Entered: 05/04/2020 12:27 PM]
May 4, 2020 Filing 17 Filed (ECF) Appellant Axon Enterprise, Inc. Unopposed Motion to file substitute or corrected brief. Date of service: 05/04/2020. [11679542] [20-15662] (Petersen, Pamela) [Entered: 05/04/2020 12:18 PM]
May 3, 2020 Filing 16 Notice of Oral Argument on Friday, July 17, 2020 - 09:00 A.M. - Courtroom 1 - Previously Scheduled Location: San Francisco CA. 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 will be held remotely with all of the judges and attorneys appearing by video or telephone. Your 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 your 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 Friday, July 17, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11678714]. [20-15662] (AW) [Entered: 05/03/2020 06:12 AM]
May 2, 2020 Filing 15 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [ # 17 ], [ # 18 ]. Original Text: Filed (ECF) Errata to Opening Brief ([13] Brief Submitted for Review (ECF Filing)). Filed by Appellant Axon Enterprise, Inc.. Date of service: 05/02/2020. [11678639] [20-15662] (Petersen, Pamela) [Entered: 05/02/2020 02:33 PM]
May 1, 2020 Filing 14 Submitted (ECF) excerpts of record. Submitted by Appellant Axon Enterprise, Inc.. Date of service: 05/01/2020. [11678625] [20-15662] (Petersen, Pamela) [Entered: 05/01/2020 11:54 PM]
May 1, 2020 Filing 13 STRICKEN PER ORDER [ # 19 ] Submitted (ECF) Opening Brief for review. Submitted by Appellant Axon Enterprise, Inc.. Date of service: 05/01/2020. [11678624] [20-15662] (Petersen, Pamela) [Entered: 05/01/2020 11:52 PM]
April 24, 2020 Filing 12 Filed order (JOHN B. OWENS and MARK J. BENNETT) The unopposed motion to expedite (Docket Entry No. [ # 7 ]) is granted. The opening brief is due May 1, 2020. The answering brief is due June 1, 2020. The optional reply brief is due June 15, 2020. The Clerk will place this appeal on the calendar for July 2020. See 9th Cir. Gen. Order 3.3(g). [11671632] (OC) [Entered: 04/24/2020 06:50 PM]
April 23, 2020 Filing 11 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [11669736] (BLS) [Entered: 04/23/2020 12:29 PM]
April 20, 2020 Filing 10 The Mediation Questionnaire for this case was filed on 04/20/2020. 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.[11666505]. [20-15662] (AD) [Entered: 04/20/2020 06:44 PM]
April 20, 2020 Filing 9 Filed (ECF) Appellant Axon Enterprise, Inc. Mediation Questionnaire. Date of service: 04/20/2020. [11666136] [20-15662] (Petersen, Pamela) [Entered: 04/20/2020 02:53 PM]
April 17, 2020 Filing 8 Filed (ECF) Appellant Axon Enterprise, Inc. corporate disclosure statement. Date of service: 04/17/2020. [11665047] [20-15662] (Petersen, Pamela) [Entered: 04/17/2020 05:15 PM]
April 17, 2020 Filing 7 Filed (ECF) Appellant Axon Enterprise, Inc. Unopposed Motion to expedite case. Date of service: 04/17/2020. [11665042] [20-15662] (Petersen, Pamela) [Entered: 04/17/2020 05:13 PM]
April 15, 2020 Filing 6 Added Attorney(s) Daniel Aguilar for party(s) Appellee Noah Phillips Appellee Rohit Chopra Appellee Rebecca Slaughter Appellee FTC Appellee Christine Wilson Appellee Joseph J. Simons. [11661698] (RL) [Entered: 04/15/2020 11:16 AM]
April 15, 2020 Filing 5 Filed (ECF) notice of appearance of Daniel J. Aguilar (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Avenue NW, Washington DC 20530) for Appellees Rohit Chopra, FTC, Noah Phillips, Joseph J. Simons, Rebecca Slaughter and Christine Wilson. Date of service: 04/15/2020. (Party was previously proceeding with counsel.) [11661688] [20-15662] (Aguilar, Daniel) [Entered: 04/15/2020 11:11 AM]
April 15, 2020 Filing 4 Attorneys Rebecca Marie Cutri-Kohart, Chetan A. Patil substituted by Attorney Joshua Marc Salzman. [11661643] (RL) [Entered: 04/15/2020 10:41 AM]
April 15, 2020 Filing 3 Filed (ECF) notice of appearance of Joshua Marc Salzman (U.S. Department of Justice, Civil Division, Appellate Staff; 950 Pennsylvania Avenue NW, Washington, D.C. 20530) for Appellees Rohit Chopra, FTC, Noah Phillips, Joseph J. Simons, Rebecca Slaughter and Christine Wilson. Substitution for Chetan A. Patil for Appellees Rohit Chopra, FTC, Noah Phillips, Joseph J. Simons, Rebecca Slaughter and Christine Wilson and Rebecca Marie Cutri-Kohart for Appellees Rohit Chopra, FTC, Noah Phillips, Joseph J. Simons, Rebecca Slaughter and Christine Wilson. Date of service: 04/15/2020. (Party was previously proceeding with counsel.) [11661607] [20-15662] (Salzman, Joshua) [Entered: 04/15/2020 10:25 AM]
April 14, 2020 Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Axon Enterprise, Inc. Mediation Questionnaire due on 04/21/2020. Transcript ordered by 05/13/2020. Transcript due 06/12/2020. Appellant Axon Enterprise, Inc. opening brief due 07/22/2020. Appellees Rohit Chopra, Federal Trade Commission, Noah Phillips, Joseph J. Simons, Rebecca Slaughter and Christine Wilson answering brief due 08/24/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11660927] (RT) [Entered: 04/14/2020 03:03 PM]
April 14, 2020 Filing 1 Fee status changed ( [Case Number 20-15662: Paid] ). [11660915] (RT) [Entered: 04/14/2020 03:00 PM]

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Defendant / appellee: CHRISTINE WILSON, in her official capacity as Commissioners of the Federal Trade Commission
Represented By: Daniel Aguilar
Represented By: Joshua Marc Salzman
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Defendant / appellee: REBECCA SLAUGHTER, in her official capacity as Commissioners of the Federal Trade Commission
Represented By: Daniel Aguilar
Represented By: Joshua Marc Salzman
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Defendant / appellee: ROHIT CHOPRA, in his official capacity as Commissioners of the Federal Trade Commission
Represented By: Daniel Aguilar
Represented By: Joshua Marc Salzman
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Defendant / appellee: JOSEPH J. SIMONS, in his official capacity as Commissioners of the Federal Trade Commission
Represented By: Daniel Aguilar
Represented By: Joshua Marc Salzman
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Defendant / appellee: NOAH PHILLIPS, in his official capacity as Commissioners of the Federal Trade Commission
Represented By: Daniel Aguilar
Represented By: Joshua Marc Salzman
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Defendant / appellee: FEDERAL TRADE COMMISSION, a federal administrative agency
Represented By: Daniel Aguilar
Represented By: Joshua Marc Salzman
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Plaintiff / appellant: AXON ENTERPRISE, INC., a Delaware corporation
Represented By: Thomas King-Sun Fu
Represented By: Garret Rasmussen
Represented By: Pamela Beth Petersen
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Amicus curiae: NEW CIVIL LIBERTIES ALLIANCE
Represented By: Aditya Dynar
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Amicus curiae: TECHFREEDOM
Represented By: Aditya Dynar
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