Meta Platforms, Inc., et al v. Whoisguard, Inc., et al
| NAMECHEAP, INC., a Delaware corporation |
| FACEBOOK, INC., a Delaware corporation, INSTAGRAM, LLC, a Delaware limited liability company, WHATSAPP INC., a Delaware corporation, META PLATFORMS, INC., a Delaware corporation and WHATSAPP, LLC, a Delaware corporation |
| WHOISGUARD, INC., a Republic of Panama corporation |
| 21-15875 |
| May 17, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Trademark |
Docket Report
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Filing 45
Order filed (MICHAEL DALY HAWKINS, RICHARD A. PAEZ and PAUL J. WATFORD) The parties stipulated motion to voluntarily dismiss this appeal pursuant to Federal Rule of Appellate Procedure 42(b) is GRANTED. The parties shall bear their own fees and costs on appeal. This order shall act as and for the mandate of this court. DISMISSED. [12388930] (OC) [Entered: 03/08/2022 09:57 AM]
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| Filing 44 Filed (ECF) Appellant Whoisguard, Inc. Stipulated Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 03/07/2022. [12388153] [21-15875] (Dahlberg, Brianna) [Entered: 03/07/2022 02:04 PM] |
| Filing 43 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Micah Block for Appellees Instagram, LLC, Meta Platforms, Inc. and WhatsApp, LLC. Hearing in Other (U.S. Court of Appeals for the Ninth Circuit Sandra Day O'Connor U.S. Courthouse 401 West Washington Street Phoenix AZ 85003-2117) on 03/09/2022 at 09:30 A.M. (Courtroom: Ceremonial Courtroom, Phoenix). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/11/2022. [12367686] [21-15875] (Block, Micah) [Entered: 02/11/2022 11:30 AM] |
| Filing 42 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Eugene Rome for Appellant Whoisguard, Inc.. Hearing in Other (U.S. Court of Appeals for the Ninth Circuit Sandra Day O'Connor U.S. Courthouse 401 West Washington Street Phoenix AZ 85003-2117) on 03/09/2022 at 09:30 A.M. (Courtroom: Ceremonial Courtroom, Sandra Day O'Connor U.S. Courthouse, Phoenix Arizona). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/11/2022. [12367587] [21-15875] (Rome, Eugene) [Entered: 02/11/2022 10:40 AM] |
| Filing 41 Appellees Facebook, Inc. and WhatsApp Inc. in 21-15875 substituted by Appellees Meta Platforms, Inc. and WhatsApp, LLC in 21-15875 [12353672] (OC) [Entered: 01/27/2022 03:19 PM] |
| Filing 40 Filed text clerk order (Deputy Clerk: OC): The unopposed motion to amend the caption to reflect name changes of Facebook and WhatsApp [ # 39 ], is granted. [12353666] (OC) [Entered: 01/27/2022 03:16 PM] |
| Filing 39 Filed (ECF) Appellees Facebook, Inc. and WhatsApp Inc. Unopposed Motion for miscellaneous relief [Motion to Amend Caption to Reflect Name Change]. Date of service: 01/27/2022. [12353435] [21-15875] (Steele, David) [Entered: 01/27/2022 01:29 PM] |
| Filing 38 Received 6 paper copies of Reply Brief [ # 36 ] filed by Whoisguard, Inc.. (sent to panel) [12344885] (SD) [Entered: 01/19/2022 02:28 PM] |
| Filing 37 Filed clerk order: The reply brief [ # 36 ] submitted by Whoisguard, 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [12340592] (SML) [Entered: 01/13/2022 04:09 PM] |
| Filing 36 Submitted (ECF) Reply Brief for review. Submitted by Appellant Whoisguard, Inc.. Date of service: 01/13/2022. [12340507] [21-15875] (Berg, Timothy) [Entered: 01/13/2022 03:26 PM] |
| Filing 35 Notice of Oral Argument on Wednesday, March 9, 2022 - 09:30 A.M. - Ceremonial Ctrm Phoenix - Scheduled Location: Phoenix AZ. 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, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. 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 28 days before Wednesday, March 9, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12324666]. [21-15875] (KS) [Entered: 12/26/2021 06:11 AM] |
| Filing 34 Streamlined request [33] by Appellant Whoisguard, Inc. to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 01/14/2022. [12307513] (JN) [Entered: 12/06/2021 04:38 PM] |
| Filing 33 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Whoisguard, Inc.. New requested due date is 01/14/2022. [12307027] [21-15875] (Berg, Timothy) [Entered: 12/06/2021 02:22 PM] |
| Filing 32 This case is being considered for an upcoming oral argument calendar in Phoenix. Please review the Phoenix sitting dates for March 2022 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). [12302299] (AML) [Entered: 12/01/2021 10:44 AM] |
| Filing 31 Received 6 paper copies of Answering Brief [ # 27 ] filed by Appellees. [12301581] (SD) [Entered: 11/30/2021 02:39 PM] |
| Filing 30 Received 3 paper copies of supplemental excerpts of record [ # 28 ] in 1 volume(s) filed by Appellees. [12301262] (KWG) [Entered: 11/30/2021 12:30 PM] |
| Filing 29 Filed clerk order: The answering brief [ # 27 ] submitted by appellees 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 [ # 28 ] submitted by appellees 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. [12298228] (LA) [Entered: 11/24/2021 04:17 PM] |
| Filing 28 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Facebook, Inc., Instagram, LLC and WhatsApp Inc.. Date of service: 11/24/2021. [12297658] [21-15875] (Block, Micah) [Entered: 11/24/2021 11:11 AM] |
| Filing 27 Submitted (ECF) Answering Brief for review. Submitted by Appellees Facebook, Inc., Instagram, LLC and WhatsApp Inc.. Date of service: 11/24/2021. [12297653] [21-15875] (Block, Micah) [Entered: 11/24/2021 11:11 AM] |
| Filing 26 Filed order (Appellate Commissioner): The application for an exemption under Ninth Circuit Rule 46-5 (Docket Entry No. [ # 16 ]) is granted. Tyler Carlton, Esq., may represent appellant WhoisGuard, Inc. in this appeal. The existing briefing schedule remains in effect. (MOATT) [12297585] (JMR) [Entered: 11/24/2021 10:26 AM] |
| Filing 25 Filed (ECF) Appellant Whoisguard, Inc. Correspondence: Rule 46-5 Exemption. Date of service: 11/23/2021 [12296981] [21-15875] (Berg, Timothy) [Entered: 11/23/2021 02:54 PM] |
| Filing 24 Streamlined request [23] by Appellees Facebook, Inc., Instagram, LLC and WhatsApp Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellees Facebook, Inc., Instagram, LLC and WhatsApp Inc. answering brief due 11/24/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12246341] (JN) [Entered: 10/04/2021 11:50 AM] |
| Filing 23 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Facebook, Inc., Instagram, LLC and WhatsApp Inc.. New requested due date is 11/24/2021. [12246142] [21-15875] (Ramani, Ashok) [Entered: 10/04/2021 10:36 AM] |
| Filing 22 Received 6 paper copies of Opening Brief [ # 17 ] filed by Whoisguard, Inc.. [12243040] (SD) [Entered: 09/29/2021 03:18 PM] |
| Filing 21 Received 3 paper copies of excerpts of record [ # 18 ] in 1 volume(s) filed by Appellant Whoisguard, Inc.. [12242388] (KWG) [Entered: 09/29/2021 10:27 AM] |
| Filing 20 Filed (ECF) Errata to Opening Brief ([ # 17 ] Brief Submitted for Review (ECF Filing)). Filed by Appellant Whoisguard, Inc.. Date of service: 09/27/2021. [12240626] [21-15875]--[COURT UPDATE: Attached corrected errata. 09/29/2021 by SML] (Berg, Timothy) [Entered: 09/27/2021 04:31 PM] |
| Filing 19 Filed clerk order: The opening brief [ # 17 ] submitted by Whoisguard, 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 [ # 18 ] submitted by Whoisguard, 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. [12239420] (SML) [Entered: 09/27/2021 09:32 AM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellant Whoisguard, Inc.. Date of service: 09/24/2021. [12238610] [21-15875]--[COURT UPDATE: Attached corrected excerpts. 09/27/2021 by SML] (Berg, Timothy) [Entered: 09/24/2021 02:53 PM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellant Whoisguard, Inc.. Date of service: 09/24/2021. [12238602] [21-15875]--[COURT UPDATE: Attached corrected brief. 09/27/2021 by SML] (Berg, Timothy) [Entered: 09/24/2021 02:51 PM] |
| Filing 16 Filed (ECF) Appellant Whoisguard, Inc. Motion for miscellaneous relief [Request for an Exemption from Circuit Rule 46-5]. Date of service: 09/24/2021. [12238386] [21-15875] (Berg, Timothy) [Entered: 09/24/2021 01:23 PM] |
| Filing 15 Added Attorney(s) Timothy Berg for party(s) Appellant Whoisguard, Inc., in case 21-15875. [12219463] (RR) [Entered: 09/02/2021 04:44 PM] |
| Filing 14 Filed (ECF) notice of appearance of Timothy J. Berg (Fennemore, 2394 E. Camelback Road, Suite 600, Phoenix, AZ 85016) for Appellant Whoisguard, Inc.. Date of service: 09/01/2021. (Party was previously proceeding with counsel.) [12217852] [21-15875] (Berg, Timothy) [Entered: 09/01/2021 12:42 PM] |
| Filing 13 Added Attorney(s) Jennifer Kim for party(s) Appellee WhatsApp Inc. Appellee Instagram, LLC Appellee Facebook, Inc., in case 21-15875. [12212143] (RR) [Entered: 08/26/2021 09:50 AM] |
| Filing 12 Filed (ECF) notice of appearance of Jennifer Kim (Davis Polk & Wardwell LLP, 1600 El Camino Real, Menlo Park, CA 94025) for Appellees Facebook, Inc., Instagram, LLC and WhatsApp Inc.. Date of service: 08/26/2021. (Party was previously proceeding with counsel.) [12212134] [21-15875] (Kim, Jennifer) [Entered: 08/26/2021 09:45 AM] |
| Filing 11 Added Attorney(s) Ashok Ramani, Micah Block, Cristina Rincon for party(s) Appellee WhatsApp Inc. Appellee Instagram, LLC Appellee Facebook, Inc., in case 21-15875. [12211680] (RR) [Entered: 08/25/2021 03:42 PM] |
| Filing 10 Filed (ECF) notice of appearance of Cristina M. Rincon (Davis Polk & Wardwell LLP, 450 Lexington Avenue, New York, NY 10017) for Appellees Facebook, Inc., Instagram, LLC and WhatsApp Inc.. Date of service: 08/25/2021. (Party was previously proceeding with counsel.) [12211578] [21-15875] (Rincon, Cristina) [Entered: 08/25/2021 02:49 PM] |
| Filing 9 Filed (ECF) notice of appearance of Micah G. Block (Davis Polk & Wardwell LLP, 1600 El Camino Real, Menlo Park, CA 94025) for Appellees Facebook, Inc., Instagram, LLC and WhatsApp Inc.. Date of service: 08/25/2021. (Party was previously proceeding with counsel.) [12211572] [21-15875] (Block, Micah) [Entered: 08/25/2021 02:45 PM] |
| Filing 8 Filed (ECF) notice of appearance of Ashok Ramani (Davis Polk & Wardwell LLP, 1600 El Camino Real, Menlo Park, CA 94025) for Appellees Facebook, Inc., Instagram, LLC and WhatsApp Inc.. Date of service: 08/25/2021. (Party was previously proceeding with counsel.) [12211563] [21-15875] (Ramani, Ashok) [Entered: 08/25/2021 02:42 PM] |
| Filing 7 Streamlined request [6] by Appellant Whoisguard, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellant Whoisguard, Inc. opening brief due 09/24/2021. Appellees Facebook, Inc., Instagram, LLC and WhatsApp Inc. answering brief due 10/25/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12205233] (JN) [Entered: 08/18/2021 04:23 PM] |
| Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Whoisguard, Inc.. New requested due date is 09/24/2021. [12205164] [21-15875] (Dahlberg, Brianna) [Entered: 08/18/2021 03:58 PM] |
| Filing 5 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 05/28/2021. [12128602] (RT) [Entered: 05/28/2021 04:08 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 05/24/2021. 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.[12123096]. [21-15875] (AD) [Entered: 05/24/2021 06:44 PM] |
| Filing 3 Filed (ECF) Appellant Whoisguard, Inc. Mediation Questionnaire. Date of service: 05/24/2021. [12122600] [21-15875] (Rome, Eugene) [Entered: 05/24/2021 02:12 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Whoisguard, Inc. Mediation Questionnaire due on 05/24/2021. Transcript ordered by 06/16/2021. Transcript due 07/16/2021. Appellant Whoisguard, Inc. opening brief due 08/25/2021. Appellees Facebook, Inc., Instagram, LLC and WhatsApp Inc. answering brief due 09/27/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12115198] (RT) [Entered: 05/17/2021 12:39 PM] |
| Filing 1 Filed order (RICHARD A. PAEZ and DANIELLE J. HUNSAKER, Circuit Judges): in case no. 21-80023 on May 17, 2021: Petitioners motion for leave to file a reply (Docket Entry No. 8) is granted. The petition for permission to appeal pursuant to 28 U.S.C. 1292(b) is granted. Within 14 days after the date of this order, petitioner shall perfect the appeal in accordance with Federal Rule of Appellate Procedure 5(d). [12115193] (RT) [Entered: 05/17/2021 12:35 PM] |
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