CDK Global LLC, et al v. Mark Brnovich, et al
| CDK GLOBAL LLC, a limited liability company and REYNOLDS AND REYNOLDS COMPANY, a corporation |
| ARIZONA AUTOMOBILE DEALERS ASSOCIATION |
| MARK BRNOVICH, Attorney General |
| 20-16469 |
| July 31, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 18 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Arizona Automobile Dealers Association and Mr. Mark Brnovich. Date of service: 09/24/2020. [11836451] [20-16469] (Ho, Derek) [Entered: 09/24/2020 07:09 PM] |
| Filing 17 Submitted (ECF) Answering Brief for review. Submitted by Appellees Arizona Automobile Dealers Association and Mr. Mark Brnovich. Date of service: 09/24/2020. [11836443] [20-16469] (Ho, Derek) [Entered: 09/24/2020 07:00 PM] |
| Filing 16 Filed order (Appellate Commissioner): On August 27, 2020, appellants filed a motion to seal volume 7 of the excerpts of record, which contains two agreements (Docket Entry No. [12]). Appellee Arizona Automobile Dealers Association filed a response to the motion to seal, noting that the Seventh Circuit ordered earlier versions of the agreements to be unsealed (Docket Entry No. [ # 15 ]). Within 14 days after the date of this order, appellants shall file a reply to appellees response to the motion to seal addressing why the agreements should not be filed publicly in light of the Seventh Circuits order directing that earlier versions of the agreements be unsealed. See Circuit Advisory Committee Note to Ninth Circuit Rule 27-13. Volume 7 of the excerpts of record shall remain provisionally sealed for 14 days after the date of this order, to allow appellants to file a reply. If appellants do not file a reply within 14 days after the date of this order, the Clerk shall unseal volume 7 of the excerpts of record, and file it publicly. The Clerk shall file the opening brief and volumes 1 through 6 of the excerpts of record publicly. The existing briefing schedule shall continue in effect. (Appellate Commissioner) [11829592] (JBS) [Entered: 09/18/2020 03:01 PM] |
| Filing 15 Filed (ECF) Appellee Arizona Automobile Dealers Association response to motion ([12] Motion (Seal) (ECF Filing)). Date of service: 09/01/2020. [11810057] [20-16469] (Ho, Derek) [Entered: 09/01/2020 04:52 PM] |
| Filing 14 Added Attorney(s) Derek Ho for party(s) Appellee Arizona Automobile Dealers Association, in case 20-16469. [11810026] (QDL) [Entered: 09/01/2020 04:37 PM] |
| Filing 13 Filed (ECF) notice of appearance of Derek T. Ho (Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.) for Appellee Arizona Automobile Dealers Association. Date of service: 09/01/2020. (Party was previously proceeding with counsel.) [11810010] [20-16469] (Ho, Derek) [Entered: 09/01/2020 04:28 PM] |
| Filing 12 Filed (ECF) UNDER SEAL Appellants CDK Global LLC and Reynolds and Reynolds Company motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 08/27/2020. [11805537] [20-16469]--[COURT UPDATE: Attached corrected documents. 09/01/2020 by SML] (Howie, Brian) [Entered: 08/27/2020 05:30 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellants CDK Global LLC and Reynolds and Reynolds Company. Date of service: 08/27/2020. [11805527] [20-16469] (Howie, Brian) [Entered: 08/27/2020 05:16 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellants CDK Global LLC and Reynolds and Reynolds Company. Date of service: 08/27/2020. [11805465] [20-16469] (Howie, Brian) [Entered: 08/27/2020 04:45 PM] |
| Filing 9 Added Attorney(s) Mark William Ryan for party(s) Appellant CDK Global LLC, in case 20-16469. [11782417] (QDL) [Entered: 08/10/2020 08:44 AM] |
| Filing 8 Filed (ECF) notice of appearance of Mark William Ryan (Mayer Brown LLP, 1999 K St N.W., Washington, DC 20006) for Appellant CDK Global LLC. Date of service: 08/10/2020. (Party was previously proceeding with counsel.) [11782314] [20-16469] (Ryan, Mark) [Entered: 08/10/2020 07:48 AM] |
| Filing 7 Added Attorney(s) Thomas Dillickrath for party(s) Appellant Reynolds and Reynolds Company, in case 20-16469. [11778417] (QDL) [Entered: 08/05/2020 01:15 PM] |
| Filing 6 Filed (ECF) notice of appearance of Thomas Joseph Dillickrath (Sheppard, Mullin, Richter & Hampton LLP 2099 Pennsylvania Ave, NW, Suite 100, Washington, DC 20006) for Appellant Reynolds and Reynolds Company. Date of service: 08/05/2020. (Party was previously proceeding with counsel.) [11778390] [20-16469] (Dillickrath, Thomas) [Entered: 08/05/2020 01:03 PM] |
| Filing 5 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact Circuit Mediator to discuss services available through the Circuit Mediation Program or to request a settlement assessment conference. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11777012] (BLS) [Entered: 08/04/2020 01:57 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 08/03/2020. 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.[11775903]. [20-16469] (AD) [Entered: 08/03/2020 06:44 PM] |
| Filing 3 Filed (ECF) Appellants CDK Global LLC and Reynolds and Reynolds Company Mediation Questionnaire. Date of service: 08/03/2020. [11775473] [20-16469] (Howie, Brian) [Entered: 08/03/2020 03:14 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed July 30, 2020 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 August 27, 2020; the answering brief is due September 24, 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. [11773313] (JBS) [Entered: 07/31/2020 01:15 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. [11772878] (JBS) [Entered: 07/31/2020 10:01 AM] |
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