Eric Kwan v. City of Los Angeles, et al
| TURO INC. |
| ANDRAS SMULOVICS, ANDREY KORNAKOV, DBA 101 Car Rental and ERIC KWAN |
| CITY OF LOS ANGELES |
| INTERNET ASSOCIATION, NETCHOICE, ELECTRONIC FRONTIER FOUNDATION and TECHNET |
| 20-55729 |
| July 20, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 46 Received 6 paper copies of Answering Brief [ # 42 ] filed by City of Los Angeles. [11828196] [20-55729, 20-55731] (SD) [Entered: 09/17/2020 04:06 PM] |
| Filing 45 Received 3 paper copies of supplemental excerpts of record [ # 43 ] in 1 volume(s) filed by Appellee City of Los Angeles. [11828190] [20-55729, 20-55731] (LA) [Entered: 09/17/2020 04:04 PM] |
| Filing 44 Filed clerk order: The answering brief [ # 42 ] submitted by City of Los Angeles 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 [ # 43 ] submitted by City of Los Angeles 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. [11824603] [20-55729, 20-55731] (LA) [Entered: 09/15/2020 12:22 PM] |
| Filing 43 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee City of Los Angeles in 20-55729, 20-55731. Date of service: 09/14/2020. [11823693] [20-55729, 20-55731] (Kesselman, David) [Entered: 09/14/2020 09:29 PM] |
| Filing 42 Submitted (ECF) Answering Brief for review. Submitted by Appellee City of Los Angeles in 20-55729, 20-55731. Date of service: 09/14/2020. [11823691] [20-55729, 20-55731] (Kesselman, David) [Entered: 09/14/2020 09:25 PM] |
| Filing 41 Received 6 paper copies of Amicus Brief [ # 35 ] filed by TechNet, et al. [11806431] [20-55729, 20-55731] (SD) [Entered: 08/28/2020 02:48 PM] |
| Filing 39 Added Attorney(s) Erin Earl for party(s) Amicus Curiae Internet Association, Amicus Curiae Electronic Frontier Foundation, Amicus Curiae TechNet and Amicus Curiae NetChoice, in cases 20-55731 and 20-55729. [11802168] [20-55729, 20-55731] (QDL) [Entered: 08/25/2020 01:38 PM] |
| Filing 38 Filed (ECF) notice of appearance of Erin K. Earl (Perkins Coie LLP, 1201 Third Ave., Suite 4900, Seattle, WA 98101) for Amici Curiae Electronic Frontier Foundation, Internet Association, NetChoice and TechNet in 20-55731, 20-55729. Date of service: 08/25/2020. (Party was previously proceeding with counsel.) [11802130] [20-55731, 20-55729] (Earl, Erin) [Entered: 08/25/2020 01:31 PM] |
| Filing 37 Filed clerk order: The amicus brief [ # 35 ] submitted by TechNet, Electronic Frontier Foundation, Internet Association, and NetChoice 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11801821] [20-55729, 20-55731] (LA) [Entered: 08/25/2020 11:33 AM] |
| Filing 36 Entered appearance of Amici Curiae TechNet, Electronic Frontier Foundation, Internet Association and NetChoice. [11801815] [20-55729, 20-55731] (LA) [Entered: 08/25/2020 11:31 AM] |
| Filing 35 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by TechNet, Electronic Frontier Foundation, Internet Association and NetChoice. Date of service: 08/24/2020. [11801188] [20-55731, 20-55729] (Spear, Ryan) [Entered: 08/24/2020 09:07 PM] |
| Filing 40 Received 6 paper copies of Opening Brief [ # 26 ] filed by Eric Kwan, et al. [11805017] [20-55729, 20-55731] (DB) [Entered: 08/27/2020 01:26 PM] |
| Filing 34 Received 6 paper copies of Opening Brief [ # 28 ] filed by Turo Inc.. [11798855] [20-55731, 20-55729] (SD) [Entered: 08/21/2020 05:02 PM] |
| Filing 33 Received 3 paper copies of excerpts of record [ # 27 ] in 3 volume(s) filed by Appellants Eric Kwan, et al. [11798757] [20-55729, 20-55731] (LA) [Entered: 08/21/2020 04:31 PM] |
| Filing 32 Received 3 paper copies of excerpts of record [ # 29 ] in 3 volume(s) filed by Appellant Turo Inc. [11798242] [20-55729, 20-55731] (LA) [Entered: 08/21/2020 02:16 PM] |
| Filing 31 Filed clerk order: The opening brief [ # 28 ] submitted by Turo 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: blue. The excerpts of record [ # 29 ] submitted by Turo 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. [11794823] [20-55729, 20-55731] (LA) [Entered: 08/19/2020 11:34 AM] |
| Filing 30 Filed clerk order: The opening brief [ # 26 ] submitted by Eric Kwan, et al. 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 [ # 27 ] submitted by Eric Kwan, et al. 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. [11793640] [20-55729, 20-55731] (LA) [Entered: 08/18/2020 02:28 PM] |
| Filing 29 Submitted (ECF) excerpts of record. Submitted by Appellant Turo Inc. in 20-55731. Date of service: 08/17/2020. [11792456] [20-55731, 20-55729] (Kleine, Benjamin) [Entered: 08/17/2020 09:22 PM] |
| Filing 28 Submitted (ECF) Opening Brief for review. Submitted by Appellant Turo Inc. in 20-55731. Date of service: 08/17/2020. [11792454] [20-55731, 20-55729]--[COURT UPDATE: Attached corrected brief. 08/19/2020 by LA] (Kleine, Benjamin) [Entered: 08/17/2020 09:18 PM] |
| Filing 27 Submitted (ECF) excerpts of record. Submitted by Appellants Andrey Kornakov, Eric Kwan and Andras Smulovics in 20-55729. Date of service: 08/17/2020. [11792265] [20-55729, 20-55731] (Pabian, Ilene) [Entered: 08/17/2020 05:03 PM] |
| Filing 26 Submitted (ECF) Opening Brief for review. Submitted by Appellants Andrey Kornakov, Eric Kwan and Andras Smulovics in 20-55729. Date of service: 08/17/2020. [11792245] [20-55729, 20-55731] (Pabian, Ilene) [Entered: 08/17/2020 04:54 PM] |
| Filing 25 Added Attorney(s) Daniel Mahfood for party(s) Appellant Andrey Kornakov Appellant Andras Smulovics Appellant Eric Kwan, in case 20-55729. [11790258] [20-55729, 20-55731] (RR) [Entered: 08/14/2020 05:04 PM] |
| Filing 24 Filed (ECF) notice of appearance of Daniel M. Mahfood (Holland & Knight LLP, 50 N. Laura Street, Suite 3900, Jacksonville, Florida 32202) for Appellants Andrey Kornakov, Eric Kwan and Andras Smulovics in 20-55729. Date of service: 08/14/2020. (Party was previously proceeding with counsel.) [11789745] [20-55729, 20-55731] (Mahfood, Daniel) [Entered: 08/14/2020 01:24 PM] |
| Filing 23 MEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. All further inquiries regarding these appeals, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [11788054] [20-55729, 20-55731] (VS) [Entered: 08/13/2020 01:49 PM] |
| Filing 22 Filed order (BARRY G. SILVERMAN and M. MARGARET MCKEOWN) Appellants motions to stay the district courts June 19, 2020 order pending appeal (No. 20-55729, Docket Entry Nos. [ # 14 ] and [ # 15 ]; No. 20-55731, Docket Entry Nos. 15 and 16) are denied. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The briefing schedule established previously remains in effect. [11783326] [20-55729, 20-55731] (WL) [Entered: 08/10/2020 01:57 PM] |
| Filing 21 Added Attorney(s) Christina S. Marshall for party(s) Appellee City of Los Angeles, in case 20-55731 Attorney(s) Christina S. Marshall for party(s) Appellee City of Los Angeles, in case 20-55729. [11781515] [20-55729, 20-55731] (RR) [Entered: 08/07/2020 02:30 PM] |
| Filing 20 Filed (ECF) notice of appearance of Christina S. Marshall (Anderson & Kreiger LLP, 50 Milk Street, 21st Floor, Boston MA 02109) for Appellee City of Los Angeles in 20-55731, 20-55729. Date of service: 08/07/2020. (Party was previously proceeding with counsel.) [11780990] [20-55731, 20-55729] (Marshall, Christina) [Entered: 08/07/2020 10:31 AM] |
| Filing 19 Filed (ECF) Appellant Turo Inc. in 20-55731 reply to response (motion to stay lower court action). Date of service: 08/06/2020. [11780628] [20-55731, 20-55729] (Kleine, Benjamin) [Entered: 08/06/2020 11:29 PM] |
| Filing 18 Filed (ECF) Appellants Andrey Kornakov, Eric Kwan and Andras Smulovics in 20-55729 reply to response (). Date of service: 08/06/2020. [11780602] [20-55729, 20-55731] (Pabian, Ilene) [Entered: 08/06/2020 07:57 PM] |
| Filing 17 Filed (ECF) Appellee City of Los Angeles in 20-55729, 20-55731 response to motion ([ # 15 ] Motion (ECF Filing), [ # 15 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing)). Date of service: 08/05/2020. [11779101] [20-55729, 20-55731] (Kesselman, David) [Entered: 08/05/2020 09:24 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: MN): The court has received appellants Eric Kwan, Andras Smulovics and Andrew Kornakovs motion to stay the district courts June 19, 2020 order pending appeal. Any response to the motion is due on August 5, 2020. An optional reply in support of the motion is due August 6, 2020. [11773839] [20-55729, 20-55731] (WL) [Entered: 07/31/2020 04:51 PM] |
| Filing 14 Filed (ECF) Appellants Andrey Kornakov, Eric Kwan and Andras Smulovics in 20-55729 Motion for miscellaneous relief [Motion for stay of preliminary injunction pending appeal]. Date of service: 07/31/2020. [11773666] [20-55729, 20-55731]--[COURT ENTERED FILING to correct entry [14] in case 20-55729 and spread to case 20-55731].] (SLM) [Entered: 07/31/2020 03:36 PM] |
| Filing 13 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 14 ]. Original Text: Filed (ECF) Appellants Andrey Kornakov, Eric Kwan and Andras Smulovics Correspondence: Motion of Counterclaim-Defendants-Appellants Eric Kwan, Andras Smulovics, and Andrew Kornakov for Stay of Preliminary Injunction Pending Appeal. Date of service: 07/31/2020 [11773493] [20-55729] (Pabian, Ilene) [Entered: 07/31/2020 02:35 PM] |
| Filing 15 Filed (ECF) Appellant Turo Inc. in 20-55731 EMERGENCY Motion to stay lower court action. Date of service: 07/30/2020. [11773760] [20-55729, 20-55731]--[COURT ENTERED FILING. Originally filed in case 20-55731 only.] (SLM) [Entered: 07/31/2020 04:06 PM] |
| Filing 12 MEDIATION ORDER FILED: By 08/10/2020, 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. [11766462] [20-55729, 20-55731] (VS) [Entered: 07/27/2020 08:22 AM] |
| Filing 11 The Mediation Questionnaire for this case was filed on 07/24/2020. 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.[11765251]. [20-55729] (AD) [Entered: 07/24/2020 12:44 PM] |
| Filing 10 The Mediation Questionnaire for this case was filed on 07/24/2020. 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.[11765249]. [20-55729] (AD) [Entered: 07/24/2020 12:44 PM] |
| Filing 9 Filed (ECF) Appellants Andrey Kornakov, Eric Kwan and Andras Smulovics in 20-55729 Mediation Questionnaire. Date of service: 07/24/2020. [11765234] [20-55729, 20-55731] (Schwing, Christina) [Entered: 07/24/2020 12:36 PM] |
| Filing 8 Filed (ECF) Appellant Turo Inc. in 20-55731 Mediation Questionnaire. Date of service: 07/24/2020. [11765153] [20-55731, 20-55729] (Kleine, Benjamin) [Entered: 07/24/2020 11:58 AM] |
| Filing 7 Added Attorney(s) David W. Kesselman for party(s) Appellee City of Los Angeles, in case 20-55731 Attorney(s) David W. Kesselman for party(s) Appellee City of Los Angeles, in case 20-55729. [11763495] [20-55729, 20-55731] (RR) [Entered: 07/23/2020 11:40 AM] |
| Filing 6 Added Attorney(s) David W. Kesselman for party(s) Appellee City of Los Angeles, in case 20-55731 Attorney(s) David W. Kesselman for party(s) Appellee City of Los Angeles, in case 20-55729. [11763476] [20-55729, 20-55731] (RR) [Entered: 07/23/2020 11:36 AM] |
| Filing 5 Filed (ECF) notice of appearance of David W. Kesselman (Kesselman Brantly Stockinger LLP, 1230 Rosecrans Ave., Suite 400 Manhattan Beach, CA 90266) for Appellee City of Los Angeles in 20-55729, 20-55731. Date of service: 07/23/2020. (Party was previously proceeding with counsel.) [11763199] [20-55729, 20-55731] (Kesselman, David) [Entered: 07/23/2020 09:49 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: SM): Appeal Nos. 20-55729 and 20-55731 are consolidated. These consolidated appeals, filed July 19, 2020, are preliminary injunction appeals. 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 following briefing schedule governs these consolidated appeals: the opening briefs and excerpts of record are due August 17, 2020; the consolidated answering brief is due September 14, 2020, or 28 days after service of the last-filed opening brief, whichever date is earlier; and the optional reply briefs are due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). All parties on a side are encouraged to join in a single brief to the extent practicable. See Circuit Advisory Committee Note to 9th Cir. R. 32-2. 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 an opening brief shall result in the automatic dismissal of that appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11761131] [20-55729, 20-55731] (WL) [Entered: 07/21/2020 04:37 PM] |
| Filing 3 Added Attorney(s) Ilene Pabian for party(s) Appellant Andrey Kornakov Appellant Andras Smulovics Appellant Eric Kwan, in case 20-55729. [11759673] (RR) [Entered: 07/20/2020 06:45 PM] |
| Filing 2 Filed (ECF) notice of appearance of Ilene L. Pabian (Holland & Knight LLP 701 Brickell Avenue, Suite 3300 Miami, FL 33131) for Appellants Andrey Kornakov, Eric Kwan and Andras Smulovics. Date of service: 07/20/2020. (Party was previously proceeding with counsel.) [11759571] [20-55729] (Pabian, Ilene) [Entered: 07/20/2020 05:01 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. [11758196] (RT) [Entered: 07/20/2020 09:18 AM] |
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