Independent Technologies v. Otodata Wireless Network, Inc., et al
| INDEPENDENT TECHNOLOGIES, LLC, DBA Anova |
| OTODATA WIRELESS NETWORK, INC., STEVEN RECHENMACHER and BRIAN RECHENMACHER |
| 20-15756 |
| April 22, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| INDEPENDENT TECHNOLOGIES V. OTODATA WIRELESS NETWORK, INC. |
Docket Report
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This docket was last retrieved on June 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 Filed clerk order: The redacted Volumes 6, 8, and 10 of the excerpts of record [ # 40 ] submitted by appellants are filed. No paper copies are required. [11724990] (SML) [Entered: 06/17/2020 01:11 PM] |
| Filing 40 Submitted (ECF) excerpts of record. Submitted by Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher. Date of service: 06/16/2020. [11724112] [20-15756] (Smith, Stephen) [Entered: 06/16/2020 04:23 PM] |
| Filing 39 Filed clerk order: The opening brief [ # 24 ] and excerpts of record [ # 25 ], [38] submitted by appellants are filed. Volumes 6-11 of the excerpts of record are filed UNDER SEAL. No paper copies are required at this time. [11720479] (SML) [Entered: 06/12/2020 02:32 PM] |
| Filing 38 Submitted (ECF) UNDER SEAL Excerpts of Record Vol. 6-11. Submitted by Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher. Date of service: 05/29/2020. (Court-entered filing, excerpts of record originally submitted in [26] & [27].) [11719401] (OC) [Entered: 06/11/2020 05:18 PM] |
| Filing 37 Filed order (Appellate Commissioner): Appellees motion to file documents under seal (Docket Entry No. [19]) is granted. See 9th Cir. R. 27-13. The Clerk shall maintain under seal Exhibits 4-7, and 9 (Docket Entry No. [19]), filed by appellee in support of its opposition to appellants May 11, 2020 emergency motion. Appellees motion to continue the seal (Docket Entry No. [ # 33 ]) filed in opposition to appellants notices of intent to unseal (Docket Entry Nos. [15], [21]) is granted. The Clerk shall maintain under seal Exhibits 3-4, 6-9, and 11 (Docket Entry No. 15-1) and Exhibit 13 (Docket Entry No. [21]), filed by appellants in support of their May 11, 2020 emergency motion. The Clerk shall file the opening brief submitted on May 29, 2020 (Docket Entry No. [ # 24 ]). Appellants motion to file Volume 11 of the excerpts of record under seal (Docket Entry No. 27-1) is granted. See 9th Cir. R. 27-13. Appellees motion to continue the seal (Docket Entry No. [ # 33 ]) filed in opposition to appellants notice of intent to unseal (Docket Entry No. 26-1) is granted. The Clerk shall file publicly Volumes 1-5 (Docket Entry No. [ # 25 ]) of appellants excerpts of record. The Clerk shall file Volumes 6-11 of appellants excerpts of record (Docket Entry Nos. [26], 27-2) under seal. Within 7 days after the date of this order, appellants shall submit for public filing redacted versions of Volumes 6, 8, and 10 of appellants excerpts of record that track the redactions set forth in Appendix A (Docket Entry No. 33-2) of appellees motion to continue the seal. The answering brief remains due June 26, 2020. The optional reply brief is due within 21 days after service of the answering brief. (MOATT) [11719393] (OC) [Entered: 06/11/2020 05:12 PM] |
| Filing 36 Filed Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher motion to file Excerpts of Record, Vol. 11 UNDER SEAL. Deficiencies: None. Served on 05/29/2020. (Court-entered filing of motion submitted under seal at [27]) [11719377] (OC) [Entered: 06/11/2020 04:57 PM] |
| Filing 35 This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for September 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 immediately 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 immediately , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation). [11711390] (KS) [Entered: 06/04/2020 02:44 PM] |
| Filing 34 Filed order (SUSAN P. GRABER and KIM MCLANE WARDLAW) Appellants renewed emergency motion to stay a portion of the district courts March 23, 2020 order pending appeal or to expedite this appeal (Docket Entry No. [ # 28 ] is denied. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); see also 9th Cir. R. 27-12. The opening brief has been filed. The answering brief is due June 26, 2020. The optional reply brief is due within 21 days after service of the answering brief. The pending motions to file under seal and to continue the seal, and the notices of intent to unseal (collectively, sealing motions) will be addressed by separate order. All material referenced in the sealing motions will remain provisionally sealed pending further order of the court. [11711343] (OC) [Entered: 06/04/2020 02:19 PM] |
| Filing 33 Filed (ECF) Appellee Independent Technologies, LLC response to motion ([15] Notice of Intent to Unseal (ECF Filing), [21] Notice of Intent to Unseal (ECF Filing), [26] Notice of Intent to Unseal (ECF Filing), [27] Motion to file document under seal (ECF Filing)). Date of service: 06/03/2020. [11709632] [20-15756] --[COURT UPDATE: Updated docket text to reflect content of filing. 6/3/2020 by TYL] (Goddard, Leigh) [Entered: 06/03/2020 11:43 AM] |
| Filing 32 Filed (ECF) Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher response to motion ([19] Motion (Seal) (ECF Filing)). Date of service: 06/03/2020. [11709594] [20-15756] (Smith, Stephen) [Entered: 06/03/2020 11:23 AM] |
| Filing 31 Filed (ECF) Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher reply to response (). Date of service: 06/03/2020. [11709569] [20-15756] (Smith, Stephen) [Entered: 06/03/2020 11:11 AM] |
| Filing 30 Filed (ECF) Appellee Independent Technologies, LLC response to motion ([ # 28 ] Motion (ECF Filing), [ # 28 ] Motion (ECF Filing)). Date of service: 06/02/2020. [11708911] [20-15756] (Goddard, Leigh) [Entered: 06/02/2020 04:15 PM] |
| Filing 29 Filed clerk order (Deputy Clerk: SZ): Any response to appellants renewed emergency motion filed May 29, 2020, is due no later than 5 p.m. (Pacific Time) on June 2, 2020. Any reply in support of the motion is due no later than 12 p.m. (Pacific Time) on June 3, 2020. No later than 12 p.m. (Pacific Time) on June 3, 2020, appellee shall file its response, if any, to appellants notices of intent to unseal filed May 11, 14, and 29, 2020, and appellants May 29, 2020 motion to file under seal, and appellants shall file their response, if any, to appellees May 13, 2020 motion to file under seal. [11705240] (OC) [Entered: 05/29/2020 01:27 PM] |
| Filing 28 Filed (ECF) Appellant Otodata Wireless Network, Inc. EMERGENCY Motion to expedite case. Date of service: 05/29/2020. [11704981] [20-15756] (Smith, Stephen) [Entered: 05/29/2020 11:17 AM] |
| Filing 27 Filed (ECF) UNDER SEAL Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 05/29/2020. [11704785] [20-15756] (Smith, Stephen) [Entered: 05/29/2020 09:25 AM] |
| Filing 26 Filed (ECF) UNDER SEAL Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 05/29/2020. [11704782] [20-15756] (Smith, Stephen) [Entered: 05/29/2020 09:24 AM] |
| Filing 25 Submitted (ECF) excerpts of record. Submitted by Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher. Date of service: 05/29/2020. [11704774] [20-15756] (Smith, Stephen) [Entered: 05/29/2020 09:19 AM] |
| Filing 24 Submitted (ECF) Opening Brief for review. Submitted by Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher. Date of service: 05/29/2020. [11704772] [20-15756] (Smith, Stephen) [Entered: 05/29/2020 09:15 AM] |
| Filing 23 Filed order (JACQUELINE H. NGUYEN and DANIEL PAUL COLLINS) Appellants emergency motion (Docket Entry No. [ # 14 ]) to stay a portion of the district courts March 23, 2020 order pending appeal is denied without prejudice to renewing the motion if, within 10 days, the district court has not either partially stayed or modified the injunction to address the potential overbreadth that the district court itself recognized. See Fed. R. App. P. 8(a)(1)(A), (C) (A party must ordinarily move first in the district court for . . . a stay of the judgment or order of a district court pending appeal; . . . or . . . an order suspending, modifying, restoring, or granting an injunction while an appeal is pending). In this regard, we note that the district court erred in concluding that it lacked jurisdiction to modify the preliminary injunction while it is on appeal. See Fed. R. Civ. P. 62(d) (While an appeal is pending from an interlocutory order or final judgment that grants . . . an injunction, the court may suspend, modify, restore, or grant an injunction on terms for bond or other terms that secure the opposing partys rights.); see also Armstrong v. Brown, 732 F.3d 955, 959 n.6 (9th Cir. 2013) (Although an appeal ordinarily divests the district court of jurisdiction over the matters on appeal, Rule 62(c) [now Rule 62(d)] creates an exception, and that exception was properly invoked to make modifications that were anticipated by the injunction and that reduce rather than increase any imposition on defendants.). Appellants emergency motion to expedite this appeal (Docket Entry No. [ # 14 ]) is denied. The briefing schedule established previously remains in effect. All other pending motions will be addressed by separate order. [11693252] (OC) [Entered: 05/18/2020 08:46 AM] |
| Filing 22 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11692145] (VS) [Entered: 05/15/2020 11:13 AM] |
| Filing 21 Filed (ECF) UNDER SEAL Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher notice of intent to unseal previously sealed material. Material: other (A letter from James Dugan dated March 18, 2020, which was filed under seal in the District Court as ECF No. 92, Exhibit 8, which is attached as Exhibit 13 to the Supplemental Declaration of Stephen S. Smith). Date of service: 05/14/2020. [11690775] [20-15756] (Smith, Stephen) [Entered: 05/14/2020 11:33 AM] |
| Filing 20 Filed (ECF) Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher reply to response (). Date of service: 05/14/2020. [11690763] [20-15756] (Smith, Stephen) [Entered: 05/14/2020 11:29 AM] |
| Filing 19 Filed (ECF) UNDER SEAL Appellee Independent Technologies, LLC motion to file document under seal and submit sealed document. Type of document: other (Exhibits 4, 5, 6, 7 and 9 to Declaration of James Dugan in Support of Opposition to Emergency Motion). Date of service: 05/13/2020. [11690300] [20-15756]--[COURT UPDATE: Attached corrected motion to seal. 05/14/2020 by SML] (Goddard, Leigh) [Entered: 05/13/2020 06:22 PM] |
| Filing 18 Filed (ECF) Appellee Independent Technologies, LLC response opposing motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing)). Date of service: 05/13/2020. [11690296] [20-15756] (Goddard, Leigh) [Entered: 05/13/2020 06:10 PM] |
| Filing 17 Filed (ECF) Appellee Independent Technologies, LLC response opposing motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing)). Date of service: 05/13/2020. [11690239] [20-15756] (Goddard, Leigh) [Entered: 05/13/2020 04:48 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: SZ): The court has received appellants emergency motion filed May 11, 2020. Any response thereto is due no later than 5 p.m. (Pacific Time) on May 13, 2020. Any reply in support of the motion is due no later than 12 p.m. (Pacific Time) on May 14, 2020. [11687260] (HH) [Entered: 05/11/2020 05:24 PM] |
| Filing 15 Filed (ECF) UNDER SEAL Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher notice of intent to unseal previously sealed material. Material: other (exhibits). Date of service: 05/11/2020. [11687212] [20-15756]--[COURT UPDATE: Attached corrected certificate of service and updated entry to reflect content of filing. 05/13/2020 by SML] (Smith, Stephen) [Entered: 05/11/2020 04:59 PM] |
| Filing 14 Filed (ECF) Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher EMERGENCY Motion to expedite case, Motion to stay lower court action. Date of service: 05/11/2020. [11687202] [20-15756] (Smith, Stephen) [Entered: 05/11/2020 04:56 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: SZ): The responses to this courts order reflects that on May 4, 2020, the district court denied the motion to clarify the scope of the preliminary injunction. Accordingly, briefing shall resume. The appeal filed April 22, 2020, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. Appellants mediation questionnaire has been filed. 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 opening brief and excerpts of record are due not later than June 1, 2020; the answering brief is due June 29, 2020 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion 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. [11684304] (OC) [Entered: 05/07/2020 04:57 PM] |
| Filing 12 Filed (ECF) Appellee Independent Technologies, LLC response to Court order dated 04/24/2020. Date of service: 05/04/2020. [11680124] [20-15756] (Goddard, Leigh) [Entered: 05/04/2020 04:38 PM] |
| Filing 11 Filed (ECF) Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher response to Court order dated 04/24/2020. Date of service: 05/04/2020. [11679729] [20-15756] (Smith, Stephen) [Entered: 05/04/2020 01:59 PM] |
| Filing 10 Filed (ECF) Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher response to Court order dated 04/24/2020. Date of service: 05/01/2020. [11678011] [20-15756] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 5/1/2020 by TYL] (Smith, Stephen) [Entered: 05/01/2020 12:44 PM] |
| Filing 9 MEDIATION ORDER FILED: By 05/14/2020, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. SEE ORDER FOR DETAILS. [11676760] (VS) [Entered: 04/30/2020 12:00 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 04/29/2020. 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.[11675668]. [20-15756] (AD) [Entered: 04/29/2020 12:44 PM] |
| Filing 7 Filed (ECF) Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher Mediation Questionnaire. Date of service: 04/29/2020. [11675607] [20-15756] (Zorio, Arthur) [Entered: 04/29/2020 12:14 PM] |
| Filing 6 Added Attorney(s) Matthew D. Francis for party(s) Appellant Brian Rechenmacher Appellant Steven Rechenmacher Appellant Otodata Wireless Network, Inc.. [11674095] (RL) [Entered: 04/28/2020 10:34 AM] |
| Filing 5 Filed (ECF) notice of appearance of Matthew, Davison, Francis (Brownstein Hyatt Farber Schreck, LLP, 5371 Kietzke Lane, Reno, Nevada 89511) for Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher. Date of service: 04/28/2020. (Party was previously proceeding with counsel.) [11673931] [20-15756] (Francis, Matthew) [Entered: 04/28/2020 09:35 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: SZ): On March 30, 2020, the district court received appellants emergency motion to clarify the scope of the March 23, 2020 preliminary injunction. Appellants March 30, 2020 motion may constitute one of the motions listed in Federal Rule of Appellate Procedure 4(a)(4). The district court has not ruled on the March 30, 2020 motion. Within 7 days after the date of this order, appellants shall file a response to this order, stating their position as to what the effect of Rule 4(a)(4) is on this appeal. See Fed. R. App. P. 4(a)(4); Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); see also Fed. R. Civ. P. 54(a). Appellee may file a response within 3 days after service of appellants response. Briefing is suspended pending resolution of this order. [11670745] (OC) [Entered: 04/24/2020 10:14 AM] |
| Filing 3 Added Attorney(s) Michael D. Rounds for party(s) Appellant Brian Rechenmacher Appellant Steven Rechenmacher Appellant Otodata Wireless Network, Inc.. [11669860] (RL) [Entered: 04/23/2020 01:39 PM] |
| Filing 2 Filed (ECF) notice of appearance of Michael, Dudley, Rounds (Brownstein Hyatt Farber Schreck, LLP, 5371 Kietzke Lane, Reno, Nevada 89511) for Appellants Otodata Wireless Network, Inc., Brian Rechenmacher and Steven Rechenmacher. Date of service: 04/23/2020. (Party was previously proceeding with counsel.) [11669747] [20-15756] (Rounds, Michael) [Entered: 04/23/2020 12:37 PM] |
| 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. [11668708] (RT) [Entered: 04/22/2020 02:47 PM] |
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