Cheryl Kater, et al v. Churchill Downs, Inc., et al
| SUZIE KELLY, individually and on behalf of all other similarly situated and CHERYL KATER, individually and on behalf of all others similarly situated |
| CHURCHILL DOWNS, INC., a Kentucky corporation and BIG FISH GAMES, INC., a Washington corporation |
| 20-35042 |
| January 21, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Document Text |
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| Filing 10 MANDATE ISSUED.(WCC, RMG and PJW) [11635437] (RR) [Entered: 03/19/2020 01:42 PM] |
| Filing 9 Filed order (WILLIAM C. CANBY, RONALD M. GOULD and PAUL J. WATFORD) : A review of the record demonstrates that this court lacks jurisdiction over these appeals because the orders challenged in the appeals are not appealable under 28 U.S.C. 1292(a)(1). See Gon v. First State Ins. Co., 871 F.2d 863, 865 (9th Cir. 1989) (an order by a court that regulates the conduct of the litigation . . . is not considered an injunction for purposes of appellate jurisdiction.); 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). Consequently, these appeals are dismissed for lack of jurisdiction. DISMISSED. [11610287] [19-36091, 20-35042] (RT) [Entered: 02/26/2020 04:22 PM] |
| Filing 8 Filed (ECF) Appellees Cheryl Kater and Suzie Kelly reply to response to Court order dated 01/24/2020. Date of service: 02/10/2020. [11591715] [20-35042] (Perlstadt, Roger) [Entered: 02/10/2020 02:27 PM] |
| Filing 7 Filed (ECF) Appellants Big Fish Games, Inc. and Churchill Downs, Inc. response to order to show cause dated 01/24/2020. Date of service: 02/03/2020. [11583627] [20-35042] (Henn, Emily) [Entered: 02/03/2020 05:09 PM] |
| Filing 6 Added Attorney(s) Beth Brinkmann for party(s) Appellant Big Fish Games, Inc., in case 20-35042. [11580879] (JFF) [Entered: 01/31/2020 11:31 AM] |
| Filing 5 Filed (ECF) notice of appearance of Beth S. Brinkmann (COVINGTON & BURLING LLP, One City Center, 850 Tenth Street, NW, Washington, D.C. 20001) for Appellant Big Fish Games, Inc.. Date of service: 01/31/2020. (Party was previously proceeding with counsel.) [11580748] [20-35042] (Brinkmann, Beth) [Entered: 01/31/2020 10:46 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: MN): A review of the record suggests that this court may lack jurisdiction to review the district courts order regulating communications with putative class members pursuant to Federal Rule of Civil Procedure 23(d) 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). Within 10 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 5 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. [11573130] [20-35042, 20-35043] (OC) [Entered: 01/24/2020 10:21 AM] |
| Filing 3 Attorneys Janissa A. Strabuk and Janissa A. Strabuk in 20-35042 substituted by Attorneys Cecily Shiel and Cecily Shiel in 20-35042 [11570136] (JFF) [Entered: 01/22/2020 11:39 AM] |
| Filing 2 Filed (ECF) notice of appearance of Cecily C. Shiel (Tousley Brain Stephens PLLC, 1700 Seventh Avenue #2200, Seattle, WA 98101) for Appellees Cheryl Kater and Suzie Kelly. Substitution for Attorney Janissa A. Strabuk for Appellees Cheryl Kater and Suzie Kelly. Date of service: 01/22/2020. (Party was previously proceeding with counsel.) [11570059] [20-35042] (Shiel, Cecily) [Entered: 01/22/2020 11:23 AM] |
| 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. [11567911] (RT) [Entered: 01/21/2020 11:06 AM] |
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| Plaintiff / appellee: SUZIE KELLY, individually and on behalf of all other similarly situated | |
| Represented By: | Rafey S. Balabanian |
| Represented By: | Alexander Glenn Tievsky |
| Represented By: | Cecily Shiel |
| Represented By: | Ryan D. Andrews |
| Represented By: | Todd Logan |
| Represented By: | Roger J. Perlstadt |
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| Plaintiff / appellee: CHERYL KATER, individually and on behalf of all others similarly situated | |
| Represented By: | Rafey S. Balabanian |
| Represented By: | Alexander Glenn Tievsky |
| Represented By: | Cecily Shiel |
| Represented By: | Ryan D. Andrews |
| Represented By: | Todd Logan |
| Represented By: | Roger J. Perlstadt |
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| Defendant / appellant: CHURCHILL DOWNS, INC., a Kentucky corporation | |
| Represented By: | Gary Rubman |
| Represented By: | Mark Parris |
| Represented By: | David Samuel Watnick Esquire |
| Represented By: | Emily Johnson Henn Esquire |
| Represented By: | Paul Rugani |
| Represented By: | Matthew Verdin |
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| Defendant / appellant: BIG FISH GAMES, INC., a Washington corporation | |
| Represented By: | Gary Rubman |
| Represented By: | Mark Parris |
| Represented By: | David Samuel Watnick Esquire |
| Represented By: | Emily Johnson Henn Esquire |
| Represented By: | Paul Rugani |
| Represented By: | Beth Brinkmann |
| Represented By: | Matthew Verdin |
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