Y.Y.G.M. SA v. Redbubble, Inc.
| Y.Y.G.M. SA, a Swiss corporation, DBA Brandy Melville |
| REDBUBBLE, INC. |
| 21-56236 |
| November 12, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Trademark |
Docket Report
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This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.
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Filing 57
Filed order (CONSUELO M. CALLAHAN, RYAN D. NELSON and HOLLY A. THOMAS): Respondent is directed to file a response to the Petition for Panel Rehearing and Rehearing En Banc within 21 days of the date of this order. The response shall not exceed 15 pages or 4,200 words. [12782104] [21-56150, 21-56236] (AF) [Entered: 08/28/2023 04:13 PM]
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Filing 56
Filed (ECF) Appellant Y.Y.G.M. SA in 21-56150, Appellee Y.Y.G.M. SA in 21-56236 petition for panel rehearing and petition for rehearing en banc (from 07/24/2023 opinion). Date of service: 08/21/2023. [12777896] [21-56150, 21-56236] (Landau, Christopher) [Entered: 08/21/2023 01:53 PM]
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Filing 55
Filed text clerk order (Deputy Clerk: MCD): The motion (Docket Entry #[ # 54 ]) to extend time to file petition for rehearing until August 21, 2023, is granted. [12764963] [21-56150, 21-56236] (WL) [Entered: 07/31/2023 12:04 PM]
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Filing 54
Filed (ECF) Appellant Y.Y.G.M. SA in 21-56150, Appellee Y.Y.G.M. SA in 21-56236 Unopposed Motion to extend time to file petition for rehearing until 08/21/2023. Date of service: 07/28/2023. [12764506] [21-56150, 21-56236] (Wesley, Keith) [Entered: 07/28/2023 03:51 PM]
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Filing 53
CORRECTED OPINION RE: [ # 51 ] (CONSUELO M. CALLAHAN, RYAN D. NELSON and HOLLY A. THOMAS). Correction: counsel listing corrected. [12761657] [21-56150, 21-56236] (MM) [Entered: 07/25/2023 12:29 PM]
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Filing 52
Filed (ECF) Appellee Redbubble, Inc. in 21-56150, Appellant Redbubble, Inc. in 21-56236 Correspondence: Error correction in counsel listing.. Date of service: 07/25/2023 [12761530] [21-56150, 21-56236] (Gratz, Joseph) [Entered: 07/25/2023 11:02 AM]
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Filing 51
FILED OPINION (CONSUELO M. CALLAHAN, RYAN D. NELSON and HOLLY A. THOMAS) Each party shall bear its own costs on appeal. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Judge: RDN Authoring. FILED AND ENTERED JUDGMENT. [12760040] [21-56150, 21-56236] (AH) [Entered: 07/24/2023 09:32 AM]
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Filing 50
ARGUED AND SUBMITTED TO CONSUELO M. CALLAHAN, RYAN D. NELSON and HOLLY A. THOMAS. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12629276] [21-56150, 21-56236] (BG) [Entered: 01/12/2023 11:46 AM]
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Filing 49
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Joseph Gratz for Appellee Redbubble, Inc. in 21-56150, Attorney Mr. Joseph Gratz for Appellant Redbubble, Inc. in 21-56236. Hearing in Pasadena on 01/12/2023 at 09:00 A.M. (Courtroom: Courtroom 1). 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: 10/31/2022. [12576991] [21-56150, 21-56236] (Gratz, Joseph) [Entered: 10/31/2022 02:24 PM]
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Filing 48
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Christopher Landau for Appellant Y.Y.G.M. SA in 21-56150, Attorney Mr. Christopher Landau for Appellee Y.Y.G.M. SA in 21-56236. Hearing in Pasadena on 01/12/2023 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. 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: 10/31/2022. [12576254] [21-56150, 21-56236] (Landau, Christopher) [Entered: 10/31/2022 05:54 AM]
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Filing 47
Notice of Oral Argument on Thursday, January 12, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena 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, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. 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 Thursday, January 12, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12576154]. [21-56150, 21-56236] (KS) [Entered: 10/30/2022 06:09 AM]
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Filing 46
Received 6 paper copies of Cross-Appeal Reply Brief [ # 44 ] filed by Redbubble, Inc. (sent to panel) [12573384] [21-56150, 21-56236] (SD) [Entered: 10/26/2022 01:11 PM]
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Filing 45
Filed clerk order: The cross-appeal reply brief [ # 44 ] submitted by Redbubble, 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. [12569799] [21-56150, 21-56236] (SML) [Entered: 10/21/2022 09:17 AM]
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Filing 44
Submitted (ECF) Cross-Appeal Reply Brief for review. Submitted by Appellee Redbubble, Inc. in 21-56150, Appellant Redbubble, Inc. in 21-56236. Date of service: 10/20/2022. [12569412] [21-56150, 21-56236] (Gratz, Joseph) [Entered: 10/20/2022 03:48 PM]
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Filing 43
Filed clerk order (Deputy Clerk: LBS): Plaintiffs unopposed motion (Docket Entry No. [ # 39 ]) for an extension of time to file the cross-appeal reply brief is granted. The optional cross-appeal reply brief is due October 20, 2022. To facilitate timely submission of cases for decision, the court will not be inclined to grant any further motions for extensions of time to file this brief. [12553582] [21-56150, 21-56236] (AF) [Entered: 09/30/2022 02:00 PM]
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Filing 42
Filed (ECF) Attorney Mr. Joseph Gratz for Appellee Redbubble, Inc. in 21-56150 response to notice for case being considered for oral argument. Date of service: 09/27/2022. [12550370] [21-56150, 21-56236] (Gratz, Joseph) [Entered: 09/27/2022 10:43 AM]
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Filing 41
Filed (ECF) Attorney Mr. Christopher Landau for Appellant Y.Y.G.M. SA in 21-56150, Attorney Mr. Christopher Landau for Appellee Y.Y.G.M. SA in 21-56236 response to notice for case being considered for oral argument. Date of service: 09/25/2022. [12548685] [21-56150, 21-56236] (Landau, Christopher) [Entered: 09/25/2022 12:04 PM]
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Filing 40
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for January 2023 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).[12548189]. [21-56150, 21-56236] (KS) [Entered: 09/23/2022 03:01 PM]
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Filing 39
Filed (ECF) Appellant Y.Y.G.M. SA in 21-56150, Appellee Y.Y.G.M. SA in 21-56236 Motion to extend time to file Reply brief until 10/20/2022. Date of service: 09/06/2022. [12533882] [21-56150, 21-56236] (Wesley, Keith) [Entered: 09/06/2022 11:49 AM]
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Filing 38
Filed clerk order (Deputy Clerk: AC): The motion to calendar these cross-appeals with appeal No. 21-17062 (Docket Entry No. [ # 37 ]) is granted. [12531474] [21-56150, 21-56236] (AF) [Entered: 09/01/2022 09:51 AM]
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Filing 37
Filed (ECF) Appellant Y.Y.G.M. SA in 21-56150, Appellee Y.Y.G.M. SA in 21-56236 Motion for miscellaneous relief [Motion for the Court to deem these cases related and assign them for hearing and decision before the same panel]. Date of service: 08/12/2022. [12516377] [21-56150, 21-56236]--[COURT ENTERED FILING to correct entry [36].] (SLM) [Entered: 08/12/2022 04:56 PM]
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Filing 36
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 37 ]. Original Text: Filed (ECF) Appellee Y.Y.G.M. SA in 21-56236, Appellant Y.Y.G.M. SA in 21-56150 Correspondence: Notice of Related Case. Date of service: 08/12/2022 [12516311] [21-56236, 21-56150] (Wesley, Keith) [Entered: 08/12/2022 03:54 PM]
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Filing 35
Received 6 paper copies of Third Brief on Cross-Appeal [ # 29 ] filed by Y.Y.G.M. SA. [12516251] [21-56150, 21-56236] (CPA) [Entered: 08/12/2022 03:16 PM]
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Filing 34
Streamlined request [33] by Appellant Redbubble, Inc. in 21-56236, Appellee Redbubble, Inc. in 21-56150 to extend time to file the brief is approved. Amended briefing schedule: the optional cross-appeal reply brief is due 09/29/2022. [12516209] [21-56236, 21-56150] (BG) [Entered: 08/12/2022 02:46 PM]
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Filing 33
Filed (ECF) Streamlined request for extension of time to file Cross-Appeal Reply Brief by Appellee Redbubble, Inc. in 21-56150, Appellant Redbubble, Inc. in 21-56236. New requested due date is 09/29/2022. [12516165] [21-56150, 21-56236] (Martino-Weinhardt, Matthaeus) [Entered: 08/12/2022 02:27 PM]
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Filing 32
Received 3 paper copies of further excerpts of record [ # 30 ] in 1 volume(s) filed by Y.Y.G.M. SA. [12515966] [21-56150, 21-56236] (CPA) [Entered: 08/12/2022 11:58 AM]
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Filing 31
Filed clerk order: The third brief on cross-appeal [ # 29 ] submitted by Y.Y.G.M. SA 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: yellow. The further excerpts of record [ # 30 ] submitted by Y.Y.G.M. SA 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. [12514793] [21-56150, 21-56236] (SML) [Entered: 08/11/2022 09:52 AM]
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Filing 30
Submitted (ECF) further excerpts of record. Submitted by Appellant Y.Y.G.M. SA in 21-56150, Appellee Y.Y.G.M. SA in 21-56236. Date of service: 08/09/2022. [12513630] [21-56150, 21-56236] (Landau, Christopher) [Entered: 08/09/2022 05:58 PM]
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Filing 29
Submitted (ECF) Third Brief on Cross-Appeal for review. Submitted by Appellant Y.Y.G.M. SA in 21-56150, Appellee Y.Y.G.M. SA in 21-56236. Date of service: 08/09/2022. [12513629] [21-56150, 21-56236] (Landau, Christopher) [Entered: 08/09/2022 05:52 PM]
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Filing 28
Received 3 paper copies of supplemental excerpts of record [ # 21 ] in 1 volume(s) filed by Redbubble, Inc. [12490443] [21-56150, 21-56236] (CPA) [Entered: 07/11/2022 10:39 AM]
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Filing 27
Received 6 paper copies of Second Brief on Cross-Appeal [ # 20 ] filed by Redbubble, Inc.. [12490424] [21-56150, 21-56236] (CPA) [Entered: 07/11/2022 10:33 AM]
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Filing 26
Streamlined request [25] by Appellant Y.Y.G.M. SA in 21-56150, Appellee Y.Y.G.M. SA in 21-56236 to extend time to file the brief is approved. Amended briefing schedule: Third brief on cross-appeal due 08/26/2022 for Y.Y.G.M. SA. The optional cross-appeal reply brief is due 21 days from the date of service of the third brief on cross-appeal. [12486510] [21-56150, 21-56236] (JN) [Entered: 07/05/2022 02:43 PM]
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Filing 25
Filed (ECF) Streamlined request for extension of time to file Third Brief on Cross-Appeal by Appellant Y.Y.G.M. SA in 21-56150, Appellee Y.Y.G.M. SA in 21-56236. New requested due date is 08/26/2022. [12486479] [21-56150, 21-56236] (Landau, Christopher) [Entered: 07/05/2022 02:32 PM]
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Filing 24
Filed clerk order: The second brief on cross-appeal [ # 20 ] submitted by Redbubble, 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 Redbubble, 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. [12485460] [21-56236, 21-56150] (KT) [Entered: 07/01/2022 03:19 PM]
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Filing 23
Added Attorney(s) Christopher Landau for party(s) Appellant Y.Y.G.M. SA, in case 21-56150 Attorney(s) Christopher Landau for party(s) Appellee Y.Y.G.M. SA, in case 21-56236. [12485045] [21-56150, 21-56236] (JFF) [Entered: 07/01/2022 11:41 AM]
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Filing 22
Filed (ECF) notice of appearance of Christopher Landau (Ellis George Cipollone O'Brien Annaguey LLP - 1155 F. Street NW, Suite 750, Washington, DC 20004) for Appellant Y.Y.G.M. SA in 21-56150, Appellee Y.Y.G.M. SA in 21-56236. Date of service: 07/01/2022. (Party was previously proceeding with counsel.) [12485012] [21-56150, 21-56236] (Landau, Christopher) [Entered: 07/01/2022 11:25 AM]
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Filing 21
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Redbubble, Inc. in 21-56150, Appellant Redbubble, Inc. in 21-56236. Date of service: 06/27/2022. [12481271] [21-56150, 21-56236] (Gratz, Joseph) [Entered: 06/27/2022 05:03 PM]
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Filing 20
Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellee Redbubble, Inc. in 21-56150, Appellant Redbubble, Inc. in 21-56236. Date of service: 06/27/2022. [12481248] [21-56150, 21-56236] (Gratz, Joseph) [Entered: 06/27/2022 04:52 PM]
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Filing 19
Filed clerk order (Deputy Clerk: LBS): Redbubble, Inc.s unopposed motion (Docket Entry No. [ # 18 ]) for an extension of time to file the second brief on cross appeal is granted. The second brief on cross-appeal is due June 27, 2022. The third brief on cross-appeal is due July 27, 2022. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [12457226] [21-56150, 21-56236] (OC) [Entered: 05/26/2022 12:05 PM]
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Filing 18
Filed (ECF) Appellee Redbubble, Inc. in 21-56150, Appellant Redbubble, Inc. in 21-56236 Motion to extend time to file Second Brief on Cross-Appeal brief until 06/27/2022. Date of service: 05/17/2022. [12449011] [21-56150, 21-56236] (Gratz, Joseph) [Entered: 05/17/2022 01:18 PM]
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Filing 17
Streamlined request [14] by Appellant Redbubble, Inc. in 21-56236, Appellee Redbubble, Inc. in 21-56150 to extend time to file the brief is approved. Amended briefing schedule: Second brief on cross appeal due 05/27/2022 for Redbubble, Inc.. Third brief on cross appeal due 06/27/2022 for Y.Y.G.M. SA. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [12416220] [21-56236, 21-56150] (BG) [Entered: 04/08/2022 01:01 PM]
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Filing 16
Terminated Moon Hee Lee for Redbubble, Inc. [12415994] [21-56150, 21-56236] (RL) [Entered: 04/08/2022 11:00 AM]
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Filing 15
Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Moon Hee Lee for Appellant Redbubble, Inc. in 21-56236, Attorney Moon Hee Lee for Appellee Redbubble, Inc. in 21-56150. Party proceeding without counsel: No. Date of service: 04/08/2022. [12415984] [21-56236, 21-56150] (Lee, Moon Hee) [Entered: 04/08/2022 10:57 AM]
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Filing 14
Filed (ECF) Streamlined request for extension of time to file Second Brief on Cross-Appeal by Appellant Redbubble, Inc. in 21-56236, Appellee Redbubble, Inc. in 21-56150. New requested due date is 05/27/2022. [12415903] [21-56236, 21-56150] (Martino-Weinhardt, Matthaeus) [Entered: 04/08/2022 10:39 AM]
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Filing 13
Received 6 paper copies of First Brief on Cross-Appeal [ # 9 ] filed by Y.Y.G.M. SA. [12410103] [21-56150, 21-56236] (SD) [Entered: 03/31/2022 03:11 PM]
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Filing 12
Received 3 paper copies of excerpts of record [ # 10 ] in 3 volume(s) and index volume filed by Appellant Y.Y.G.M. SA in 21-56150. [12409979] [21-56150, 21-56236] (NAR) [Entered: 03/31/2022 02:15 PM]
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Filing 11
Filed clerk order: The first brief on cross-appeal [ # 9 ] submitted by Y.Y.G.M. SA 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 [ # 10 ] submitted by Y.Y.G.M. SA 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. [12407102] [21-56150, 21-56236] (KT) [Entered: 03/29/2022 09:12 AM]
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Filing 10
Submitted (ECF) excerpts of record. Submitted by Appellant Y.Y.G.M. SA in 21-56150. Date of service: 03/28/2022. [12406972] [21-56150, 21-56236] (Wesley, Keith) [Entered: 03/28/2022 08:23 PM]
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Filing 9
Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellant Y.Y.G.M. SA in 21-56150. Date of service: 03/28/2022. [12406968] [21-56150, 21-56236]--[COURT UPDATE: updated docket text to correct brief type. 03/29/2022 by KT] (Wesley, Keith) [Entered: 03/28/2022 08:16 PM]
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Filing 8
Filed clerk order (Deputy Clerk: LBS): Plaintiffs unopposed motion (Docket Entry No. [ # 7 ]) for an extension of time to file the first brief on cross-appeal is granted. The first brief on cross-appeal is due March 28, 2022. The second brief on cross-appeal is due April 27, 2022. The third brief on cross-appeal is due May 27, 2022. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [12375034] (HH) [Entered: 02/18/2022 02:42 PM]
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Filing 7
Filed (ECF) Appellee Y.Y.G.M. SA in 21-56236, Appellant Y.Y.G.M. SA in 21-56150 Motion to file a late brief. Date of service: 02/10/2022. [12366144] [21-56236, 21-56150] (Wesley, Keith) [Entered: 02/10/2022 10:27 AM]
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Filing 6
Terminated Joshua M. Masur for Redbubble, Inc.. [12309544] [21-56150, 21-56236] (RL) [Entered: 12/08/2021 09:58 AM]
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Filing 5
Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Joshua M. Masur for Appellee Redbubble, Inc. in 21-56150, Attorney Joshua M. Masur for Appellant Redbubble, Inc. in 21-56236. Party proceeding without counsel: No. Date of service: 12/08/2021. [12309534] [21-56150, 21-56236] (Masur, Joshua) [Entered: 12/08/2021 09:55 AM]
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| Filing 4 Streamlined request [2] by Appellant Y.Y.G.M. SA in 21-56150, Appellee Y.Y.G.M. SA in 21-56236 to extend time to file the brief is approved. Amended briefing schedule: First cross-appeal brief due 02/28/2022 for Y.Y.G.M. SA. Second brief on cross-appeal due 03/30/2022 for Redbubble, Inc.. Third brief on cross-appeal due 04/29/2022 for Y.Y.G.M. SA. The cross-appeal optional reply brief is due 21 days from the date of service of the third brief on cross-appeal. [12290467] [21-56150, 21-56236] (JN) [Entered: 11/17/2021 02:28 PM] |
| Filing 3 MEDIATION ORDER FILED: These case are RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeals are pending. [12290171] [21-56150, 21-56236] (CL) [Entered: 11/17/2021 12:13 PM] |
| Filing 2 Filed (ECF) Streamlined request for extension of time to file First Brief on Cross-Appeal by Appellant Y.Y.G.M. SA in 21-56150. New requested due date is 02/28/2022. [12289662] [21-56236, 21-56150] (Wesley, Keith) [Entered: 11/16/2021 06:30 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellant Redbubble, Inc. Mediation Questionnaire due on 11/19/2021. First cross appeal brief due 01/27/2022 for Y.Y.G.M. SA. Second brief on cross appeal due 02/28/2022 for Redbubble, Inc.. Third brief on cross appeal due 03/28/2022 for Y.Y.G.M. SA. Optional cross appeal Reply brief for Redbubble, Inc. is due within 21 days of service of Third brief on cross appeal. [12285819] [21-56236, 21-56150] (RT) [Entered: 11/12/2021 01:35 PM] |
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