Freelancer Int'l Pty Ltd., et al v. Upwork Global, Inc., et al
| UPWORK INC. and UPWORK GLOBAL, INC. |
| FREELANCER INTERNATIONAL PTY LIMITED and FREELANCER TECHNOLOGY PTY LIMITED |
| 20-17196 |
| November 9, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| FREELANCER INT'L PTY LTD. V. UPWORK GLOBAL, INC. |
Docket Report
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This docket was last retrieved on May 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 Filed clerk order (Deputy Clerk: OC): The court is of the unanimous opinion that the facts and legal argument are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. Therefore, this matter is ordered submitted on the briefs and record without oral argument on June 17, 2021 in San Francisco, California. Fed. R. App. P. 34(a)(2). [12108087] (OC) [Entered: 05/10/2021 03:22 PM] |
| Filing 37 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Andrew Timothy Oliver for Appellants Freelancer International Pty Limited and Freelancer Technology Pty Limited. Hearing in San Francisco on 06/17/2021 at 09:00 A.M. (Courtroom: Courtroom 3, 3rd Floor Rm 307). 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: 04/15/2021. [12076591] [20-17196] (Oliver, Andrew) [Entered: 04/15/2021 10:33 PM] |
| Filing 36 Added Attorney(s) Perry S. Clegg for party(s) Appellant Freelancer Technology Pty Limited Appellant Freelancer International Pty Limited, in case 20-17196. [12072667] (NAC) [Entered: 04/13/2021 01:07 PM] |
| Filing 35 Filed (ECF) notice of appearance of Perry Sterling Clegg (Johnson & Martin, P.A.) for Appellants Freelancer International Pty Limited and Freelancer Technology Pty Limited. Date of service: 04/13/2021. (Party was previously proceeding with counsel.) [12072587] [20-17196] (Clegg, Perry) [Entered: 04/13/2021 12:12 PM] |
| Filing 34 Terminated John W. Crittenden for Upwork Inc. and Upwork Global, Inc. in 20-17196 (due to incorrect ECF contact information) [12063311] (RY) [Entered: 04/05/2021 10:43 AM] |
| Filing 33 Notice of Oral Argument on Thursday, June 17, 2021 - 09:00 A.M. - Courtroom 3 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. 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 with all attorneys appearing remotely by video or telephone. The court strongly prefers video arguments whenever possible. 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, June 17, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12062838]. [20-17196] (KS) [Entered: 04/04/2021 06:10 AM] |
| Filing 32 Filed (ECF) Attorney Bobby Ghajar, Esquire for Appellees Upwork Global, Inc. and Upwork Inc. response to notice for case being considered for oral argument. Date of service: 02/23/2021. [12013087] [20-17196] (Ghajar, Bobby) [Entered: 02/23/2021 09:28 AM] |
| Filing 31 Filed (ECF) Attorney Mr. Andrew Timothy Oliver for Appellants Freelancer International Pty Limited and Freelancer Technology Pty Limited response to notice for case being considered for oral argument. Date of service: 02/22/2021. [12012598] [20-17196] (Oliver, Andrew) [Entered: 02/22/2021 05:10 PM] |
| Filing 30 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for June 2021 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).[12008679]. [20-17196] (KS) [Entered: 02/18/2021 03:01 PM] |
| Filing 29 Received 6 paper copies of Reply Brief [ # 27 ] filed by Freelancer International Pty Limited and Freelancer Technology Pty Limited. [12002201] (SD) [Entered: 02/12/2021 11:39 AM] |
| Filing 28 Filed clerk order: The reply brief [ # 27 ] submitted by Freelancer International Pty Limited and Freelancer Technology Pty Limited 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. [11998814] (SML) [Entered: 02/10/2021 09:24 AM] |
| Filing 27 Submitted (ECF) Reply Brief for review. Submitted by Appellants Freelancer International Pty Limited and Freelancer Technology Pty Limited. Date of service: 02/09/2021. [11998606] [20-17196] (Oliver, Andrew) [Entered: 02/09/2021 09:06 PM] |
| Filing 26 Received 6 paper copies of Answering Brief [ # 20 ] filed by Upwork Global, Inc. and Upwork Inc.. [11983829] (SD) [Entered: 01/27/2021 04:32 PM] |
| Filing 25 Received 3 paper copies of supplemental excerpts of record [ # 21 ] in 1 volume(s) filed by Appellees Upwork Global, Inc. and Upwork Inc. [11983298] (LA) [Entered: 01/27/2021 01:14 PM] |
| Filing 24 Filed clerk order: The answering brief [ # 20 ] submitted by Upwork Global, Inc. and Upwork Inc. 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: red. The supplemental excerpts of record [ # 21 ] submitted by Upwork Global, Inc. and Upwork Inc. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the 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. [11974882] (SML) [Entered: 01/21/2021 12:16 PM] |
| Filing 23 Terminated Elizabeth Prelogar for Upwork Global, Inc. and Upwork Inc. in 20-17196 [11968972] (NAC) [Entered: 01/20/2021 07:02 AM] |
| Filing 22 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Elizabeth Prelogar for Appellees Upwork Global, Inc. and Upwork Inc.. Party proceeding without counsel: No. Date of service: 01/20/2021. [11968962] [20-17196] (Prelogar, Elizabeth) [Entered: 01/20/2021 06:37 AM] |
| Filing 21 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Upwork Global, Inc. and Upwork Inc.. Date of service: 01/19/2021. [11968861] [20-17196] (Ghajar, Bobby) [Entered: 01/19/2021 06:29 PM] |
| Filing 20 Submitted (ECF) Answering Brief for review. Submitted by Appellees Upwork Global, Inc. and Upwork Inc.. Date of service: 01/19/2021. [11968858] [20-17196]--[COURT UPDATE: Attached corrected brief. 01/21/2021 by SML] (Ghajar, Bobby) [Entered: 01/19/2021 06:27 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellees Upwork Inc. and Upwork Global, Inc.; Granting Motion [ # 17 ](ECF Filing) motion to extend time to file brief filed by Appellees Upwork Inc. and Upwork Global, Inc.. Appellees Upwork Global, Inc. and Upwork Inc. answering brief due 01/19/2021. The optional reply brief is due 21 days after service of the answering brief. [11930193] (LKK) [Entered: 12/16/2020 02:33 PM] |
| Filing 18 Filed (ECF) Appellees Upwork Global, Inc. and Upwork Inc. corporate disclosure statement. Date of service: 12/15/2020. [11927919] [20-17196] (Ghajar, Bobby) [Entered: 12/15/2020 10:21 AM] |
| Filing 17 Filed (ECF) Appellees Upwork Global, Inc. and Upwork Inc. Unopposed Motion to extend time to file Answering brief until 01/19/2021. Date of service: 12/15/2020. [11927916] [20-17196] (Ghajar, Bobby) [Entered: 12/15/2020 10:19 AM] |
| Filing 16 Added Attorney(s) Brian Joseph Focarino, Elizabeth Prelogar for party(s) Appellee Upwork Global, Inc. Appellee Upwork Inc., in case 20-17196. [11927435] (NAC) [Entered: 12/14/2020 11:48 PM] |
| Filing 15 Filed (ECF) notice of appearance of Brian J. Focarino (Cooley LLP 500 Boylston Street 14th Floor Boston, MA 02116) for Appellees Upwork Global, Inc. and Upwork Inc.. Date of service: 12/14/2020. (Party was previously proceeding with counsel.) [11927269] [20-17196] (Focarino, Brian) [Entered: 12/14/2020 05:28 PM] |
| Filing 14 Received 6 paper copies of Opening Brief [ # 10 ] filed by Freelancer International Pty Limited and Freelancer Technology Pty Limited. [11927252] (SD) [Entered: 12/14/2020 05:19 PM] |
| Filing 13 Filed (ECF) notice of appearance of Elizabeth B. Prelogar (Cooley LLP 1299 Pennsylvania Ave NW, Suite 700 Washington, DC 20004) for Appellees Upwork Global, Inc. and Upwork Inc.. Date of service: 12/14/2020. (Party was previously proceeding with counsel.) [11927251] [20-17196] (Prelogar, Elizabeth) [Entered: 12/14/2020 05:18 PM] |
| Filing 12 Received 3 paper copies of excerpts of record [ # 9 ] in 4 volume(s) and index volume filed by Appellants Freelancer International Pty Limited and Freelancer Technology Pty Limited. [11926794] (KWG) [Entered: 12/14/2020 03:17 PM] |
| Filing 11 Filed clerk order: The opening brief [ # 10 ] submitted by Freelancer International Pty Limited and Freelancer Technology Pty Limited 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: blue. The excerpts of record [ # 9 ] submitted by Freelancer International Pty Limited and Freelancer Technology Pty Limited are filed. Within 7 days of this order, filer is ordered to file 3 copies of the 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. [11917196] (SML) [Entered: 12/07/2020 01:47 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellants Freelancer International Pty Limited and Freelancer Technology Pty Limited. Date of service: 12/04/2020. [11916043] [20-17196] (Oliver, Andrew) [Entered: 12/04/2020 10:05 PM] |
| Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellants Freelancer International Pty Limited and Freelancer Technology Pty Limited. Date of service: 12/04/2020. [11915872] [20-17196] (Oliver, Andrew) [Entered: 12/04/2020 04:50 PM] |
| Filing 8 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11912462] (VS) [Entered: 12/02/2020 11:22 AM] |
| Filing 7 MEDIATION ORDER FILED: By 11/27/2020, 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. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11890679] (VS) [Entered: 11/12/2020 02:03 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 11/12/2020. 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.[11890379]. [20-17196] (AD) [Entered: 11/12/2020 12:44 PM] |
| Filing 5 Filed (ECF) Appellees Upwork Global, Inc. and Upwork Inc. Mediation Questionnaire. Date of service: 11/12/2020. [11889423] [20-17196] (Ghajar, Bobby) [Entered: 11/12/2020 07:54 AM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 11/11/2020. 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.[11889376]. [20-17196] (AD) [Entered: 11/12/2020 06:44 AM] |
| Filing 3 Filed (ECF) Appellants Freelancer International Pty Limited and Freelancer Technology Pty Limited Mediation Questionnaire. Date of service: 11/11/2020. [11889366] [20-17196] (Oliver, Andrew) [Entered: 11/11/2020 10:44 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed November 6, 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 December 4, 2020; the answering brief is due January 4, 2021, 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. [11886747] (AF) [Entered: 11/09/2020 02:20 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. [11886257] (RT) [Entered: 11/09/2020 11:23 AM] |
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