Patrick Hurley v. GoDaddy.com, LLC, et al
| GODADDY OPERATING COMPANY LLC, DOES, named as John or Jane Does 1-20, GODADDY INDIA LLC, GODADDY INC. and GO DADDY EAST LLC |
| PATRICK JAY HURLEY |
| GODADDY.COM, LLC, DESERT NEWCO LLC and MICROSOFT CORPORATION |
| 21-15426 |
| March 10, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 32 Filed order (Deputy Clerk: NA) The stipulated motion for voluntary dismissal of this appeal (Docket Entry No. [ # 31 ]) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court will act as and for the mandate of this court. [12255294] (WL) [Entered: 10/13/2021 10:43 AM] |
| Filing 31 Filed (ECF) Appellee GoDaddy.com, LLC Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 10/12/2021. [12253731] [21-15426] (Naylor, Benjamin) [Entered: 10/12/2021 11:28 AM] |
| Filing 30 Filed (ECF) Appellee GoDaddy.com, LLC Correspondence: Notice of Pending Settlement. Date of service: 10/01/2021 [12244867] [21-15426] (Naylor, Benjamin) [Entered: 10/01/2021 11:15 AM] |
| Filing 29 Filed (ECF) Appellee GoDaddy.com, LLC Correspondence: Appellee GoDaddy.com, LLC's (and Non-Party Desert Newco, LLC's) Response to Appellant Patrick Hurley's Motion for Default for Desert Newco LLC. Date of service: 08/16/2021 [12203082] [21-15426] (Naylor, Benjamin) [Entered: 08/16/2021 05:44 PM] |
| Filing 28 Filed original and 6 copies of Appellant Patrick Jay Hurley reply brief of 7 pages (Informal: No). Served on 08/04/2021. Served by Court via CM/ECF. Filed with minor deficiencies: no certificate of service. [12191876] (KWG) [Entered: 08/04/2021 01:08 PM] |
| Filing 27 Filed clerk order (Deputy Clerk: KD): Appellants motion for clarification on the time provided to Appellees by this Courts Order to respond to Appellants Brief (Docket Entry No. [ # 26 ]) is granted. Appellees have submitted their timely answering briefs (Docket Entry Nos. [ # 16 ] and [ # 18 ]). The optional reply brief remains due on August 5, 2021. [12181298] (WL) [Entered: 07/23/2021 11:38 AM] |
| Filing 25 Received 6 paper copies of Answering Brief [ # 18 ] filed by GoDaddy.com, LLC. [12180596] (SD) [Entered: 07/22/2021 03:54 PM] |
| Filing 24 Received 3 paper copies of supplemental excerpts of record [ # 19 ] in 5 volume(s) and index volume filed by Appellee GoDaddy.com, LLC. [12180241] (LA) [Entered: 07/22/2021 01:27 PM] |
| Filing 26 Filed Appellant Patrick Jay Hurley motion for clarification. Deficiencies: None. [12180860] (RR) [Entered: 07/23/2021 07:09 AM] |
| Filing 23 Received 6 paper copies of Answering Brief [ # 16 ] filed by Microsoft Corporation. [12176692] (SD) [Entered: 07/19/2021 03:58 PM] |
| Filing 22 Filed clerk order: The answering brief [ # 18 ] submitted by GoDaddy.com, LLC 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 [ # 19 ] submitted by GoDaddy.com, LLC 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. [12176611] (KWG) [Entered: 07/19/2021 03:31 PM] |
| Filing 21 Received 3 paper copies of supplemental excerpts of record [ # 17 ] in 4 volume(s) and index volume filed by Appellee Microsoft Corporation. [12176436] (KWG) [Entered: 07/19/2021 02:15 PM] |
| Filing 20 Filed clerk order: The answering brief [ # 16 ] submitted by Microsoft Corporation 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 [ # 17 ] submitted by Microsoft Corporation 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. [12174639] (KWG) [Entered: 07/16/2021 11:37 AM] |
| Filing 19 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee GoDaddy.com, LLC. Date of service: 07/15/2021. [12174124] [21-15426]--[COURT UPDATE: Attached corrected PDF of vols 1-5 and index vol. 07/19/2021 by KWG] (Naylor, Benjamin) [Entered: 07/15/2021 09:09 PM] |
| Filing 18 Submitted (ECF) Answering Brief for review. Submitted by Appellee GoDaddy.com, LLC. Date of service: 07/15/2021. [12174123] [21-15426]--[COURT UPDATE: Attached corrected PDF of the brief. 07/19/2021 by KWG] (Naylor, Benjamin) [Entered: 07/15/2021 09:02 PM] |
| Filing 17 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Microsoft Corporation. Date of service: 07/15/2021. [12174120] [21-15426] (Fischer, Matthew) [Entered: 07/15/2021 08:32 PM] |
| Filing 16 Submitted (ECF) Answering Brief for review. Submitted by Appellee Microsoft Corporation. Date of service: 07/15/2021. [12174117] [21-15426] (Fischer, Matthew) [Entered: 07/15/2021 08:21 PM] |
| Filing 15 Terminated Kathryn Hackett King for GoDaddy.com, LLC in 21-15426 [12169880] (QDL) [Entered: 07/12/2021 01:28 PM] |
| Filing 14 Added Attorney(s) Catherine Christine Burns for party(s) Appellee Desert Newco LLC and Appellee GoDaddy.com, LLC, in case 21-15426. [12169878] (QDL) [Entered: 07/12/2021 01:27 PM] |
| Filing 13 Filed (ECF) notice of appearance of C. Christine Burns (BurnsBarton PLC, 2201 E. Camelback Rd., Suite 360, Phoenix, AZ 85016) for Appellees Desert Newco LLC and GoDaddy.com, LLC. Substitution for Attorney Kathryn Hackett King for Appellee GoDaddy.com, LLC. Date of service: 07/12/2021. (Party was previously proceeding with counsel.) [12169423] [21-15426] (Burns, Catherine) [Entered: 07/12/2021 10:10 AM] |
| Filing 12 Filed original and 3 copies of Appellant Patrick Jay Hurley opening brief of 30 pages (Informal: No). Served on 06/13/2021. [12144666] (KWG) [Entered: 06/15/2021 12:06 PM] |
| Filing 11 Filed Appellant Patrick Jay Hurley reply to Appellee GoDaddy.com, LLC response to court's order of 3/30/2021 in 21-15426 [12121531] (RR) [Entered: 05/21/2021 04:13 PM] |
| Filing 10 Filed (ECF) Appellee GoDaddy.com, LLC reply to response to Court order dated 03/30/2021. Date of service: 05/17/2021. [12115859] [21-15426] (King, Kathryn) [Entered: 05/17/2021 04:56 PM] |
| Filing 9 Filed order (RICHARD A. PAEZ, MARSHA S. BERZON and DANIELLE J. HUNSAKER) The responses to the March 30, 2021 order demonstrate that this appeal involves non-frivolous issues. The order to show cause is therefore discharged, and appellants motion to proceed in forma pauperis (Docket Entry No. [ # 3 ]) is granted. See 28 U.S.C. 1915(a). The Clerk shall amend the docket to reflect appellants in forma pauperis status. The opening brief is due June 15, 2021; the answering brief is due July 15, 2021; and the optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellees must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. Id. [12115570] (WL) [Entered: 05/17/2021 02:58 PM] |
| Filing 8 Filed Appellant Patrick Jay Hurley statement that the appeal should go forward, [12108882] (RR) [Entered: 05/11/2021 10:11 AM] |
| Filing 7 Filed (ECF) Appellee GoDaddy.com, LLC reply to response to Court order dated 03/30/2021. Date of service: 04/23/2021. [12085637] [21-15426] (King, Kathryn) [Entered: 04/23/2021 04:49 PM] |
| Filing 6 Filed Appellant Patrick Jay Hurley reply response to Appellee GoDaddy.com, LLC opposition to IFP motion in 21-15426 s [12074520] (RR) [Entered: 04/14/2021 03:49 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: LAB): A review of the record reflects that this appeal may be frivolous. This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), OR (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. If appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal remains stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss this appeal or statement that the appeal should go forward. [12058753] (WL) [Entered: 03/30/2021 04:30 PM] |
| Filing 4 Filed (ECF) Appellee GoDaddy.com, LLC response opposing motion ([ # 3 ] Party Motion). Date of service: 03/26/2021. [12055324] [21-15426] (King, Kathryn) [Entered: 03/26/2021 04:25 PM] |
| Filing 3 Filed Appellant Patrick Jay Hurley motion to proceed In Forma Pauperis. Deficiencies: None. [12043743] (RR) [Entered: 03/17/2021 02:01 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [12042101] (CKP) [Entered: 03/16/2021 12:34 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Patrick Jay Hurley opening brief due 05/10/2021. Appellees Desert Newco LLC, GoDaddy.com, LLC and Microsoft Corporation answering brief due 06/09/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12031073] (JBS) [Entered: 03/10/2021 02:14 PM] |
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