Brandon Briskin v. Shopify, Inc., et al
| BRANDON BRISKIN, on behalf of himself and those similarly situated |
| SHOPIFY, INC., SHOPIFY (USA), INC. and SHOPIFY PAYMENTS (USA), INC. |
| ALAN BUTLER MORRISON, PATRICK J. BORCHERS, Professor, PETER HAY, Professor, STATE OF NEVADA, STATE OF MISSISSIPPI, STATE OF ARIZONA, STATE OF ARKANSAS, STATE OF CALIFORNIA, STATE OF COLORADO, CONNECTICUT, DELAWARE, STATE OF HAWAII, STATE OF IDAHO,STATE OF ILLINOIS, STATE OF INDIANA, STATE OF IOWA, STATE OF MAINE, STATE OF MA, ELECTRONIC FRONTIER FOUNDATION, THE UC BERKELEY CENTER FOR CONSUMER LAW & ECONOMIC JUSTICE, SAN FRANCISCO CITY ATTORNEY'S OFFICE, SAN DIEGO CITY ATTORNEY'S OFFICE, OAKLAND CITY ATTORNEY'S OFFICE, PAUL SCHIFF BERMAN, Professor, COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, BSA | THE SOFTWARE ALLIANCE, ACT | THE APP ASSOCIATION, INTERACTIVE ADVERTISING BUREAU, FINANCIAL TECHNOLOGY ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, BRIGHT DATA, LTD., ALAN TRAMMELL, DEREK BAMBAUER, HANDKER BANDANAS, SARAH HEALY SLEEP, PANDA MOTORWORKS, THE MATT BUTLER LLC, dba Pretty Alright Goods, GATHER HERE, VEDAZZLING ACCESSORIES, NETCHOICE and CHAMBER OF PROGRESS |
| 22-15815 |
| June 2, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Personal Injury |
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| Filing 136 MANDATE ISSUED.(MHM, KMW, JBR, CMC, MBC, MTF, MJB, DPC, PJB, HAT and RHD) [12930506] (NAC) [Entered: 05/30/2025 08:52 AM] |
| Filing 135 Filed clerk order: The replacement amicus brief [ # 126 ] submitted by Gather Here, Handker Bandanas, Panda Motorworks, Sarah Healy Sleep, The Matt Butler LLC and Vedazzling Accessories is filed. No paper copies are required at this time. [12927859] (JMR) [Entered: 04/25/2025 01:33 PM] |
| Filing 134 FILED OPINION (MARY H. MURGUIA, KIM MCLANE WARDLAW, JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN, MORGAN B. CHRISTEN, MICHELLE T. FRIEDLAND, MARK J. BENNETT, DANIEL P. COLLINS, PATRICK J. BUMATAY, HOLLY A. THOMAS and ROOPALI H. DESAI) For the reasons stated above, we conclude that Shopify is subject to specific personal jurisdiction in California and that Briskin has provided Defendants with fair notice of the claims against them. We REVERSE and REMAND to the district court for further proceedings consistent with this opinion. Opinion by Judge Wardlaw; Concurrence by Judge Collins; Concurrence by Judge Bumatay; Dissent by Judge Callahan. FILED AND ENTERED JUDGMENT. [12927396] (MM) [Entered: 04/21/2025 08:51 AM] |
| Filing 133 Filed text clerk order (Deputy Clerk: MCD): Amici motion for leave to refile brief with correct cover and signature page, dkt [ # 125 ], is granted. [12927394] (MM) [Entered: 04/21/2025 08:46 AM] |
| Filing 132 ARGUED AND SUBMITTED TO MARY H. MURGUIA, KIM MCLANE WARDLAW, JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN, MORGAN B. CHRISTEN, MICHELLE T. FRIEDLAND, MARK J. BENNETT, DANIEL P. COLLINS, PATRICK J. BUMATAY, HOLLY A. THOMAS and ROOPALI H. DESAI. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12908801] (WWP) [Entered: 09/27/2024 09:13 AM] |
| Filing 131 Filed (ECF) Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. citation of supplemental authorities. Date of service: 09/09/2024. [12905792] [22-15815] (Kaba, Moez) [Entered: 09/09/2024 08:59 AM] |
| Filing 130 Received 18 paper copies of Amicus Brief [ # 107 ] filed by Chamber of Progress and NetChoice. (sent to en banc court) [12901654] (KT) [Entered: 08/12/2024 04:26 PM] |
| Filing 129 Filed (ECF) Acknowledgment of hearing notice by Attorney Nicolas Sansone for Appellant Brandon Briskin. Hearing in San Francisco on 09/26/2024 at 9:30 AM (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 30) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/12/2024. [12901513] [22-15815] (Sansone, Nicolas) [Entered: 08/12/2024 11:35 AM] |
| Filing 128 Filed (ECF) Acknowledgment of hearing notice by Attorney Moez Kaba for Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc.. Hearing in San Francisco on 09/26/2024 at 9:30 a.m. (Courtroom: One). Filer sharing argument time: No. (Argument minutes: 30) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/09/2024. [12901243] [22-15815] (Kaba, Moez) [Entered: 08/09/2024 11:54 AM] |
| Filing 127 Notice of Oral Argument on Thursday, September 26, 2024 - 09:30 A.M. - Scheduled Location: Courtroom 1 - San Francisco CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. 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 are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using the CMECF filing event Motion for any relief (other than reconsideration or to seal) and selecting the appropriate reliefs. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . 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 a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit 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 Hearing Date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12901163] (AML) [Entered: 08/09/2024 08:36 AM] |
| Filing 126 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Handker Bandanas; Gather Here; Panda Motorworks; Sarah Healey Sleep; The Matt Butler, LLC d/b/a Pretty Alright Goods; and Vedazzling Accessories. Date of service: 08/08/2024. [12901153] [22-15815] (DE Leeuw, Michael) [Entered: 08/08/2024 05:15 PM] |
| Filing 125 Filed (ECF) Amici Curiae Handker Bandanas, Gather Here, Panda Motorworks, Sarah Healy Sleep, The Matt Butler LLC and Vedazzling Accessories Unopposed Motion to file substitute or corrected brief. Date of service: 08/08/2024. [12901152] [22-15815] (DE Leeuw, Michael) [Entered: 08/08/2024 05:11 PM] |
| Filing 124 Filed order (MARY H. MURGUIA): Oral argument in this en banc case will be held at 9:30 a.m. on Thursday, September 26, 2024, in Courtroom One of the James R. Browning Courthouse, located at 95 7th Street in San Francisco, California 94119. [12901145] (AF) [Entered: 08/08/2024 04:29 PM] |
| Filing 123 Received 18 paper copies of Amicus Brief [ # 105 ] filed by Derek Bambauer and Alan Trammell. (sent to en banc court) [12901099] (KWG) [Entered: 08/08/2024 02:49 PM] |
| Filing 122 Received 18 paper copies of Amicus Brief [ # 98 ] filed by CCIA. (sent to en banc court) [12901075] (KWG) [Entered: 08/08/2024 01:24 PM] |
| Filing 121 Received 18 paper copies of Amicus Brief [ # 101 ] filed by Bright Data, Ltd.. (sent to en banc court) [12900801] (KWG) [Entered: 08/07/2024 01:34 PM] |
| Filing 120 Received 18 paper copies of Amicus Brief [ # 100 ] filed by Chamber of Commerce of the United States of America. (sent to en banc court) [12900799] (KWG) [Entered: 08/07/2024 01:33 PM] |
| Filing 119 Received 18 paper copies of Amicus Brief [ # 99 ] filed by ACT | The App Association, BSA | The Software Alliance, Financial Technology Association and Interactive Advertising Bureau. (sent to en banc court) [12900605] (SML) [Entered: 08/06/2024 01:22 PM] |
| Filing 118 Filed clerk order: The amicus brief [ # 107 ] submitted by Chamber of Progress and NetChoice is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12900351] (JMR) [Entered: 08/05/2024 11:29 AM] |
| Filing 117 Entered appearance of Amici Curiae NetChoice and Chamber of Progress. [12900349] (JMR) [Entered: 08/05/2024 11:27 AM] |
| Filing 116 Filed clerk order: The amicus brief [ # 106 ] submitted by Gather Here, Handker Bandanas, Panda Motorworks, Sarah Healy Sleep, The Matt Butler LLC and Vedazzling Accessories is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12900343] (JMR) [Entered: 08/05/2024 11:21 AM] |
| Filing 115 Entered appearance of Amici Curiae Handker Bandanas, Sarah Healy Sleep, Panda Motorworks, The Matt Butler LLC, Gather Here and Vedazzling Accessories. [12900340] (JMR) [Entered: 08/05/2024 11:19 AM] |
| Filing 114 Filed clerk order: The amicus brief [ # 105 ] submitted by Derek Bambauer and Alan Trammell is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12900337] (JMR) [Entered: 08/05/2024 10:56 AM] |
| Filing 113 Entered appearance of Amici Curiae Alan Trammell and Derek Bambauer. [12900334] (JMR) [Entered: 08/05/2024 10:53 AM] |
| Filing 112 Filed clerk order: The amicus brief [ # 101 ] submitted by Bright Data, Ltd. is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12900329] (JMR) [Entered: 08/05/2024 10:15 AM] |
| Filing 111 Entered appearance of Amicus Curiae Bright Data, Ltd.. [12900321] (JMR) [Entered: 08/05/2024 09:56 AM] |
| Filing 110 Filed clerk order: The amicus brief [ # 100 ] submitted by Chamber of Commerce of the United States of America is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12900302] (JMR) [Entered: 08/05/2024 09:10 AM] |
| Filing 109 Entered appearance of Amicus Curiae Chamber of Commerce of the United States of America. [12900301] (JMR) [Entered: 08/05/2024 09:09 AM] |
| Filing 108 Filed clerk order: The amicus brief [ # 99 ] submitted by ACT | The App Association, BSA | The Software Alliance, Financial Technology Association and Interactive Advertising Bureau is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12900293] (JMR) [Entered: 08/05/2024 09:03 AM] |
| Filing 107 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by NetChoice and Chamber of Progress. Date of service: 08/02/2024. [12900214] [22-15815] (Lehotsky, Steven) [Entered: 08/02/2024 04:26 PM] |
| Filing 106 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Handker Bandanas; Gather Here; Panda Motorworks; Sarah Healey Sleep; The Matt Butler, LLC d/b/a Pretty Alright Goods; and Vedazzling Accessories.. Date of service: 08/02/2024. [12900192] [22-15815] (DE Leeuw, Michael) [Entered: 08/02/2024 03:32 PM] |
| Filing 105 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Alan Trammell and Derek Bambauer. Date of service: 08/02/2024. [12900170] [22-15815] (Rowley, Fred) [Entered: 08/02/2024 02:44 PM] |
| Filing 104 Entered appearance of Amici Curiae BSA | The Software Alliance, ACT | The App Association, Interactive Advertising Bureau and Financial Technology Association. [12900165] (JMR) [Entered: 08/02/2024 02:34 PM] |
| Filing 103 Filed clerk order: The amicus brief [ # 98 ] submitted by CCIA is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12900154] (JMR) [Entered: 08/02/2024 02:22 PM] |
| Filing 102 Entered appearance of Amicus Curiae CCIA. [12900152] (JMR) [Entered: 08/02/2024 02:21 PM] |
| Filing 101 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Bright Data, Ltd.. Date of service: 08/02/2024. [12900139] [22-15815] (Kass, Colin) [Entered: 08/02/2024 01:55 PM] |
| Filing 100 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Chamber of Commerce of the United States of America. Date of service: 08/02/2024. [12900116] [22-15815] (Unikowsky, Adam) [Entered: 08/02/2024 01:16 PM] |
| Filing 99 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BSA | The Software Alliance; ACT | The App Association; Interactive Advertising Bureau; and Financial Technology Association. Date of service: 08/02/2024. [12900097] [22-15815]--[COURT UPDATE: Attached corrected brief. 08/05/2024 by JMR] (Saunders, Thomas) [Entered: 08/02/2024 12:23 PM] |
| Filing 98 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Computer & Communications Industry Association (CCIA). Date of service: 08/02/2024. [12900009] [22-15815] (Joyce, Stephanie) [Entered: 08/02/2024 05:38 AM] |
| Filing 97 Received 18 paper copies of Supplemental Brief [ # 93 ] filed by appellees. (sent to en banc court) [12899769] (LA) [Entered: 07/31/2024 03:50 PM] |
| Filing 96 Filed clerk order: The supplemental brief [ # 93 ] submitted by Shopify (USA), Inc., et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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: tan. The paper copies shall be submitted to the principal office of the Clerk. [12899171] (JMR) [Entered: 07/29/2024 09:09 AM] |
| Filing 95 Added Attorney(s) Allison Libeu for party(s) Appellee Shopify Payments (USA), Inc. Appellee Shopify (USA), Inc. Appellee Shopify, Inc., in case 22-15815. [12899031] (NAC) [Entered: 07/26/2024 02:51 PM] |
| Filing 94 Filed (ECF) notice of appearance of Allison L. Libeu (Hueston Hennigan, 523 West 6th Street, Suite 400, Los Angeles, California 90014) for Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc.. Date of service: 07/26/2024. (Party was previously proceeding with counsel.) [12899028] [22-15815] (Libeu, Allison) [Entered: 07/26/2024 02:35 PM] |
| Filing 93 Submitted (ECF) Supplemental Brief for review. Submitted by Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc.. Date of service: 07/26/2024. [12899024] [22-15815] (Kaba, Moez) [Entered: 07/26/2024 02:28 PM] |
| Filing 92 Received 18 paper copies of Amicus Brief [ # 81 ] filed by Oakland City Attorney's Office, San Diego City Attorney's Office and San Francisco City Attorney's Office. (sent to en banc court) [12896182] (KWG) [Entered: 07/10/2024 11:20 AM] |
| Filing 91 Received 18 paper copies of Amicus Brief [ # 82 ] filed by Paul Schiff Berman. (sent to en banc court) [12895716] (KT) [Entered: 07/08/2024 03:28 PM] |
| Filing 90 Received 18 paper copies of Amicus Brief [ # 76 ] filed by Electronic Frontier Foundation and The UC Berkeley Center for Consumer Law & Economic Justice. (sent to en banc court) [12895715] (KT) [Entered: 07/08/2024 03:26 PM] |
| Filing 89 Received 18 paper copies of Amicus Brief [ # 72 ] filed by Patrick J. Borchers and Peter Hay. (sent to en banc court) [12895713] (KT) [Entered: 07/08/2024 03:22 PM] |
| Filing 88 Received 18 paper copies of Amicus Brief [ # 68 ] filed by Alan Butler Morrison. (sent to en banc court) [12895711] (KT) [Entered: 07/08/2024 03:14 PM] |
| Filing 87 Received 18 paper copies of Amicus Brief [ # 73 ] filed by State of Nevada, et al. (sent to en banc court) [12895322] (LA) [Entered: 07/05/2024 12:22 PM] |
| Filing 86 Filed clerk order: The amicus brief [ # 81 ] submitted by Oakland City Attorney's Office, San Diego City Attorney's Office and San Francisco City Attorney's Office is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12895077] (JMR) [Entered: 07/03/2024 11:16 AM] |
| Filing 85 Filed clerk order: The amicus brief [ # 82 ] submitted by Paul Schiff Berman is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12894987] (JMR) [Entered: 07/03/2024 08:20 AM] |
| Filing 84 Entered appearance of Amicus Curiae Paul Schiff Berman. [12894983] (JMR) [Entered: 07/03/2024 08:00 AM] |
| Filing 83 Entered appearance of Amici Curiae San Francisco City Attorney's Office, San Diego City Attorney's Office and Oakland City Attorney's Office. [12894979] (JMR) [Entered: 07/03/2024 07:51 AM] |
| Filing 82 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Amicus Curiae Paul Schiff Berman In Support of Plaintiff-Appellant. Date of service: 07/02/2024. [12894952] [22-15815] (Wu, Ryan) [Entered: 07/02/2024 05:10 PM] |
| Filing 81 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by San Francisco City Attorney's Office, San Diego City Attorney's Office and Oakland City Attorney's Office. Date of service: 07/02/2024. [12894931] [22-15815]--[COURT UPDATE: Attached corrected brief. 07/03/2024 by JMR] (Tilak, Karun) [Entered: 07/02/2024 04:34 PM] |
| Filing 80 Filed clerk order: The amicus brief [ # 76 ] submitted by Electronic Frontier Foundation and The UC Berkeley Center for Consumer Law & Economic Justice is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12894915] (JMR) [Entered: 07/02/2024 03:35 PM] |
| Filing 79 Entered appearance of Amici Curiae Electronic Frontier Foundation and The UC Berkeley Center for Consumer Law & Economic Justice. [12894913] (JMR) [Entered: 07/02/2024 03:33 PM] |
| Filing 78 Filed clerk order: The amicus brief [ # 73 ] submitted by State of Nevada, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12894907] (JMR) [Entered: 07/02/2024 03:26 PM] |
| Filing 77 Entered appearance of Amici Curiae State of Nevada, State of Mississippi, State of Arizona, State of Arkansas, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Idaho, State of Illinois, State of Indiana, State of Iowa, State of Maine, State of Massachusetts, State of Michigan, State of Minnesota, State of Mississippi, State of New Hampshire, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of North Dakota, State of Oklahoma, State of Oregon, State of Rhode Island, State of South Carolina, State of South Dakota, State of Vermont, State of Washington, and the District of Columbia. [12894900] (JMR) [Entered: 07/02/2024 03:22 PM] |
| Filing 76 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Electronic Frontier Foundation and UC Berkeley Center for Consumer Law & Economic Justice. Date of service: 07/02/2024. [12894892] [22-15815] (Trujillo, Frank) [Entered: 07/02/2024 03:04 PM] |
| Filing 75 Filed clerk order: The amicus brief [ # 72 ] submitted by Patrick J. Borchers and Peter Hay is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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. [12894862] (JMR) [Entered: 07/02/2024 02:32 PM] |
| Filing 74 Entered appearance of Amici Curiae Patrick J. Borchers and Peter Hay. [12894858] (JMR) [Entered: 07/02/2024 02:29 PM] |
| Filing 73 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by State of Nevada, State of Mississippi, State of Arizona, State of Arkansas, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Idaho, State of Illinois, State of Indiana, State of Iowa, State of Maine, State of Massachusetts, State of Michigan, State of Minnesota, State of Mississippi, State of New Hampshire, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of North Dakota, State of Oklahoma, State of Oregon, State of Rhode Island, State of South Carolina, State of South Dakota, State of Vermont, State of Washington, and the District of Columbia (AMICI CURIAE IN SUPPORT OF PLAINTIFF-APPELLANT). Date of service: 07/02/2024. [12894830] [22-15815]--[COURT UPDATE: Edited docket text to reflect party filers. 07/02/2024 by JMR] (Conner, Jeffrey) [Entered: 07/02/2024 01:11 PM] |
| Filing 72 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Professors Patrick J. Borchers and Peter Hay. Date of service: 07/02/2024. [12894752] [22-15815] (Rotter, Jonathan) [Entered: 07/02/2024 09:36 AM] |
| Filing 71 Filed clerk order: The amicus brief [ # 68 ] submitted by Alan Butler Morrison is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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: not applicable. The paper copies shall be submitted to the principal office of the Clerk. [12893950] (JMR) [Entered: 06/27/2024 04:51 PM] |
| Filing 70 Received 18 paper copies of Supplemental Brief [ # 66 ] filed by Brandon Briskin. (sent to en banc court) [12893885] (KWG) [Entered: 06/27/2024 01:43 PM] |
| Filing 69 Entered appearance of Amicus Curiae Alan Butler Morrison. [12893855] (JMR) [Entered: 06/27/2024 10:08 AM] |
| Filing 68 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Alan B. Morrison. Date of service: 06/27/2024. [12893803] [22-15815]--[COURT UPDATE: Attached corrected brief. 06/27/2024 by JMR] (Morrison, Alan) [Entered: 06/27/2024 06:00 AM] |
| Filing 67 Filed clerk order: The supplemental brief [ # 66 ] submitted by Brandon Briskin is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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: tan. The paper copies shall be submitted to the principal office of the Clerk. [12893499] (KT) [Entered: 06/25/2024 01:46 PM] |
| Filing 66 Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Brandon Briskin. Date of service: 06/25/2024. [12893466] [22-15815] (Sansone, Nicolas) [Entered: 06/25/2024 11:20 AM] |
| Filing 65 Filed text clerk order (Deputy Clerk: MCD): The unopposed motion for an extension of supplemental briefing deadlines, Dkt. [ # 64 ], is granted. Plaintiff-Appellants supplemental brief is due on June 25, 2024. Defendants-Appellees supplemental brief is due on July 26, 2024. Any amicus curiae supporting the position of Plaintiff-Appellant or not supporting either party must serve its brief, along with any necessary motion, no later than July 2, 2024. Any amicus curiae supporting the position of Defendants-Appellees must serve its brief, along with any necessary motion, no later than August 2, 2024. [12887986] (AF) [Entered: 05/29/2024 12:08 PM] |
| Filing 64 Filed (ECF) Appellant Brandon Briskin Motion to extend time to file Supplemental brief until 06/25/2024. Date of service: 05/28/2024. [12887542] [22-15815] (Sansone, Nicolas) [Entered: 05/28/2024 10:06 AM] |
| Filing 63 Added Attorney(s) Allison M. Zieve for party(s) Appellant Brandon Briskin, in case 22-15815. [12887511] (HH) [Entered: 05/28/2024 09:45 AM] |
| Filing 62 Filed (ECF) notice of appearance of Allison Marcy Zieve (Public Citizen Litigation Group, 1600 20th Street NW, Washington, DC 20009) for Appellant Brandon Briskin. Date of service: 05/28/2024. (Party was previously proceeding with counsel.) [12887460] [22-15815] (Zieve, Allison) [Entered: 05/28/2024 09:08 AM] |
| Filing 61 Filed clerk order (Deputy Clerk: MCD): One or more judges on the en banc court have requested briefing on the following issues: 1. What rule or standard should govern our evaluation of whether there is specific personal jurisdiction over a defendant for a claim arising out of conduct on the internet. 2. Whether we should revisit our prior holdings that a defendants aiming of its internet-related conduct at a jurisdiction must exceed its aiming at other jurisdictions to constitute express aiming at that jurisdiction. See Doe v. WebGroup Czech Republic, a.s., 93 F.4th 442, 452-56 (9th Cir. 2024); AMA Multimedia, LLC v. Wanat, 970 F.3d 1201, 1209-12 (9th Cir. 2020). 3. Whether and how the original meaning of the Fourteenth Amendments Due Process Clause should inform our consideration of the issues in this case. The parties are ordered to file supplemental briefs, not to exceed 30 pages unless they comply with the alternative length limitation of 8,400 words, according to the following schedule: Plaintiff-Appellants supplemental brief is due on June 14, 2024. Defendants-Appellees supplemental brief is due on July 12, 2024. Any amicus curiae supporting the position of Plaintiff-Appellant or not supporting either party must serve its brief, along with any necessary motion, no later than June 21, 2024. Any amicus curiae supporting the position of Defendants-Appellees must serve its brief, along with any necessary motion, no later than July 19, 2024. [12886857] (AF) [Entered: 05/23/2024 10:48 AM] |
| Filing 60 Received 18 paper copies of Reply Brief [ # 34 ] filed by Brandon Briskin. (sent to en banc court) [12886032] (KT) [Entered: 05/20/2024 02:50 PM] |
| Filing 59 Received 10 paper copies of excerpts of record [ # 13 ] in 1 volume(s) filed by Appellant Brandon Briskin. (sent to en banc court) [12886030] (KT) [Entered: 05/20/2024 02:49 PM] |
| Filing 58 Received 18 paper copies of Opening Brief [ # 12 ] filed by Brandon Briskin. (sent to en banc court) [12886029] (KT) [Entered: 05/20/2024 02:49 PM] |
| Filing 57 Filed clerk order (Deputy Clerk: MCD): En banc oral argument has been rescheduled from the week of June 24, 2024, in Seattle, Washington, to the week of September 23, 2024, in San Francisco, California. The date and time will be determined by separate order. [12885982] (AF) [Entered: 05/20/2024 01:27 PM] |
| Filing 56 Received 10 paper copies of supplemental excerpts of record [ # 28 ] in 2 volume(s) and index volume filed by Appellees. (sent to en banc court) [12885313] (KWG) [Entered: 05/16/2024 12:20 PM] |
| Filing 55 Received 18 paper copies of Answering Brief [ # 27 ] filed by appellees. (sent to en banc court) [12885312] (KWG) [Entered: 05/16/2024 12:19 PM] |
| Filing 54 Filed order (MARY H. MURGUIA) En banc oral argument will take place during the week of June 24, 2024, in Seattle, Washington. The date and time will be determined by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at [email protected] or (206) 224-2236. Within seven days from the date of this order, the parties shall forward to the Clerk of Court eighteen additional paper copies of the original briefs and ten additional paper copies of the excerpts of record. The paper copies must be accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the Court's website at http://www.ca9.uscourts.gov/forms/ [12884539] (WL) [Entered: 05/14/2024 02:13 PM] |
| Filing 53 Filed Order for PUBLICATION (MARY H. MURGUIA) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated. Judges Owens and Lee did not participate in the deliberations or vote in this case. [12884470] (MM) [Entered: 05/14/2024 12:27 PM] |
| Filing 52 Filed (ECF) Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. response to Order, Order, Petition for Rehearing En Banc (ECF Filing), Petition for Rehearing En Banc (ECF Filing). Date of service: 02/06/2024. [12856857]. [22-15815] (Kaba, Moez) [Entered: 02/06/2024 01:33 PM] |
| Filing 51 Filed order (CONSUELO M. CALLAHAN, BRIDGET S. BADE and DANIEL A. BRESS): Appellees are ordered to file a response to the petition for rehearing en banc. Dkt. [ # 50 ]. The response shall not exceed fifteen pages or 4,200 words and shall be filed within twenty-one days of the date of this order. 9th Cir. R. 40-1. [12847749] (AF) [Entered: 01/16/2024 09:59 AM] |
| Filing 50 Filed (ECF) Appellant Brandon Briskin petition for rehearing en banc (from 11/28/2023 opinion). Date of service: 01/11/2024. [12846647] [22-15815] (Sansone, Nicolas) [Entered: 01/11/2024 09:04 AM] |
| Filing 49 Filed order (CONSUELO M. CALLAHAN, BRIDGET S. BADE and DANIEL A. BRESS): Appellants unopposed motion to extend the time to file a petition for rehearing, Dkt. [ # 48 ], is GRANTED. Any petition shall be filed on or before January 11, 2024. [12835237] (AF) [Entered: 12/08/2023 02:18 PM] |
| Filing 48 Filed (ECF) Appellant Brandon Briskin Motion to extend time to file petition for rehearing until 01/11/2024. Date of service: 12/04/2023. [12831980] [22-15815] (Sansone, Nicolas) [Entered: 12/04/2023 07:29 AM] |
| Filing 47 FILED OPINION (CONSUELO M. CALLAHAN, BRIDGET S. BADE and DANIEL A. BRESS) AFFIRMED. Judge: DAB Authoring. FILED AND ENTERED JUDGMENT. [12829325] (MM) [Entered: 11/28/2023 08:49 AM] |
| Filing 46 ARGUED AND SUBMITTED TO CONSUELO M. CALLAHAN, BRIDGET S. BADE and DANIEL A. BRESS. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12775371] (ER) [Entered: 08/16/2023 02:07 PM] |
| Filing 45 Filed (ECF) Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. citation of supplemental authorities. Date of service: 07/20/2023. [12759247] --[COURT ENTERED FILING to correct entry [44] .] (TYL) [Entered: 07/21/2023 08:38 AM] |
| Filing 44 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 45 ]. Original Text: Filed (ECF) Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. Correspondence: Response to Citation of Supplemental Authority Pursuant to Fed. R. App. P. 28(j). Date of service: 07/20/2023 [12759182] [22-15815] (Kaba, Moez) [Entered: 07/20/2023 06:21 PM] |
| Filing 43 Filed (ECF) Appellant Brandon Briskin citation of supplemental authorities. Date of service: 07/13/2023. [12754749] [22-15815] (Sansone, Nicolas) [Entered: 07/13/2023 01:45 PM] |
| Filing 42 Filed (ECF) Acknowledgment of hearing notice by Attorney Moez Kaba for Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc.. Hearing in San Francisco on 08/16/2023 at 9:00 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: 06/30/2023. [12747282] [22-15815] (Kaba, Moez) [Entered: 06/30/2023 05:32 PM] |
| Filing 41 Filed (ECF) Acknowledgment of hearing notice by Attorney Nicolas Sansone for Appellant Brandon Briskin. Hearing in San Francisco on 08/16/2023 at 9:00 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: 06/29/2023. [12745426] [22-15815] (Sansone, Nicolas) [Entered: 06/29/2023 06:54 AM] |
| Filing 40 Notice of Oral Argument on Wednesday, August 16, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco 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 Wednesday, August 16, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12728180]. [22-15815] (KS) [Entered: 06/04/2023 06:10 AM] |
| Filing 39 Received 6 paper copies of Reply Brief [ # 34 ] filed by Brandon Briskin. [12711979] (NAR) [Entered: 05/09/2023 11:48 AM] |
| Filing 38 Filed (ECF) Attorney Moez Kaba for Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. response to notice for case being considered for oral argument. Date of service: 05/08/2023. [12710643] [22-15815] (Kaba, Moez) [Entered: 05/08/2023 10:33 AM] |
| Filing 37 Filed (ECF) Attorney Nicolas Sansone for Appellant Brandon Briskin response to notice for case being considered for oral argument. Date of service: 05/06/2023. [12710293] [22-15815] (Sansone, Nicolas) [Entered: 05/06/2023 08:08 AM] |
| Filing 36 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for August 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).[12709299]. [22-15815] (KS) [Entered: 05/04/2023 03:41 PM] |
| Filing 35 Filed clerk order: The reply brief [ # 34 ] submitted by Brandon Briskin 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. [12707876] (LA) [Entered: 05/03/2023 10:35 AM] |
| Filing 34 Submitted (ECF) Reply Brief for review. Submitted by Appellant Brandon Briskin. Date of service: 05/02/2023. [12707236] [22-15815] (Sansone, Nicolas) [Entered: 05/02/2023 01:32 PM] |
| Filing 33 Streamlined request [32] by Appellant Brandon Briskin to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 05/02/2023. [12686998] (BG) [Entered: 03/31/2023 04:58 PM] |
| Filing 32 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Brandon Briskin. New requested due date is 05/02/2023. [12686722] [22-15815] (Safier, Seth) [Entered: 03/31/2023 02:21 PM] |
| Filing 31 Received 3 paper copies of supplemental excerpts of record [ # 28 ] in 2 volume(s) and index volume filed by appellees. [12674749] (CPA) [Entered: 03/15/2023 01:54 PM] |
| Filing 30 Received 6 paper copies of Answering Brief [ # 27 ] filed by appellees. [12674737] (CPA) [Entered: 03/15/2023 01:48 PM] |
| Filing 29 Filed clerk order: The answering brief [ # 27 ] submitted by appellees 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. [12673197] (JMR) [Entered: 03/13/2023 04:10 PM] |
| Filing 28 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc.. Date of service: 03/13/2023. [12673129] [22-15815] (Kaba, Moez) [Entered: 03/13/2023 03:26 PM] |
| Filing 27 Submitted (ECF) Answering Brief for review. Submitted by Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc.. Date of service: 03/13/2023. [12673123] [22-15815] (Kaba, Moez) [Entered: 03/13/2023 03:22 PM] |
| Filing 26 Added Attorney(s) Adam Minchew for party(s) Appellee Shopify Payments (USA), Inc. Appellee Shopify (USA), Inc. Appellee Shopify, Inc., in case 22-15815. [12666164] (NAC) [Entered: 03/02/2023 02:13 PM] |
| Filing 25 Filed (ECF) notice of appearance of Adam Minchew (Hueston Hennigan LLP, 1 Little W 12th Street, 2nd Floor, New York, NY 10014) for Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc.. Date of service: 03/02/2023. (Party was previously proceeding with counsel.) [12666140] [22-15815] (Minchew, Adam) [Entered: 03/02/2023 02:07 PM] |
| Filing 24 Added Attorney(s) Sourabh Mishra for party(s) Appellee Shopify Payments (USA), Inc. Appellee Shopify (USA), Inc. Appellee Shopify, Inc., in case 22-15815. [12652766] (NAC) [Entered: 02/14/2023 11:27 AM] |
| Filing 23 Filed (ECF) notice of appearance of Sourabh Mishra (Hueston Hennigan LLP, 620 Newport Center Dr., Suite 1300, Newport Beach, CA 92660) for Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc.. Date of service: 02/14/2023. (Party was previously proceeding with counsel.) [12652759] [22-15815] (Mishra, Sourabh) [Entered: 02/14/2023 11:25 AM] |
| Filing 22 Attorneys Thomas King-Sun Fu, Jacob M. Heath, Aravind Swaminathan, and Nicole M. Tadano in 22-15815 substituted by Attorney Moez Kaba in 22-15815 [12652722] (NAC) [Entered: 02/14/2023 11:03 AM] |
| Filing 21 Filed (ECF) notice of appearance of Moez M. Kaba (Hueston Hennigan LLP, 523 W. 6th Street, Suite 400, Los Angeles, CA 90014) for Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc.. Substitution for Mr. Thomas King-Sun Fu for Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc., Jacob M. Heath for Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc., Mr. Aravind Swaminathan for Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. and Ms. Nicole M. Tadano for Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc.. Date of service: 02/14/2023. (Party was previously proceeding with counsel.) [12652709] [22-15815] (Kaba, Moez) [Entered: 02/14/2023 10:58 AM] |
| Filing 20 Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellees Shopify, Inc., Shopify (USA), Inc. and Shopify Payments (USA), Inc.; Granting Motion [ # 19 ] (ECF Filing) motion to extend time to file brief filed by Appellees Shopify, Inc., Shopify (USA), Inc. and Shopify Payments (USA), Inc.. Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. answering brief due 03/13/2023. The optional reply brief is due 21 days after service of the answering brief. [12648905] (LKK) [Entered: 02/08/2023 11:34 AM] |
| Filing 19 Filed (ECF) Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. Motion to extend time to file Answering brief until 03/13/2023. Date of service: 02/08/2023. [12648700] [22-15815] (Swaminathan, Aravind) [Entered: 02/08/2023 09:30 AM] |
| Filing 18 Streamlined request [17] by Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. answering brief due 02/10/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12617378] (BG) [Entered: 12/23/2022 02:16 PM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc.. New requested due date is 02/10/2023. [12617247] [22-15815] (Swaminathan, Aravind) [Entered: 12/23/2022 11:33 AM] |
| Filing 16 Received 3 paper copies of excerpts of record [ # 13 ] in 1 volume(s) filed by Brandon Briskin. [12612534] (NAR) [Entered: 12/16/2022 12:18 PM] |
| Filing 15 Received 6 paper copies of Opening Brief [ # 12 ] filed by Brandon Briskin. [12612532] (NAR) [Entered: 12/16/2022 12:18 PM] |
| Filing 14 Filed clerk order: The opening brief [ # 12 ] submitted by Brandon Briskin 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 [ # 13 ] submitted by Brandon Briskin 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. [12608318] (JMR) [Entered: 12/12/2022 02:38 PM] |
| Filing 13 Submitted (ECF) excerpts of record. Submitted by Appellant Brandon Briskin. Date of service: 12/12/2022. [12608106] [22-15815] (Sansone, Nicolas) [Entered: 12/12/2022 01:25 PM] |
| Filing 12 Submitted (ECF) Opening Brief for review. Submitted by Appellant Brandon Briskin. Date of service: 12/12/2022. [12608101] [22-15815] (Sansone, Nicolas) [Entered: 12/12/2022 01:23 PM] |
| Filing 11 Added Attorney(s) Nicolas Sansone for party(s) Appellant Brandon Briskin, in case 22-15815. [12597909] (NAC) [Entered: 11/29/2022 11:33 AM] |
| Filing 10 Filed (ECF) notice of appearance of Nicolas Anthony Sansone (Public Citizen Litigation Group, 1600 20th Street NW, Washington, DC 20009) for Appellant Brandon Briskin. Date of service: 11/29/2022. (Party was previously proceeding with counsel.) [12597871] [22-15815] (Sansone, Nicolas) [Entered: 11/29/2022 11:18 AM] |
| Filing 9 Filed clerk order (Deputy Clerk: MK-S): Appellants motion (Docket Entry No. [ # 8 ]) for an extension of time to file the opening brief is granted in part. The opening brief is due December 12, 2022. The answering brief is due January 11, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12546255] (AF) [Entered: 09/21/2022 05:01 PM] |
| Filing 8 Filed (ECF) Appellant Brandon Briskin Motion to extend time to file Opening brief until 01/25/2023. Date of service: 09/15/2022. [12541197] [22-15815] (Safier, Seth) [Entered: 09/15/2022 12:52 PM] |
| Filing 7 Streamlined request [6] by Appellant Brandon Briskin to extend time to file the brief is approved. Amended briefing schedule: Appellant Brandon Briskin opening brief due 10/11/2022. Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. answering brief due 11/10/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12513111] (DLM) [Entered: 08/09/2022 12:17 PM] |
| Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Brandon Briskin. New requested due date is 10/11/2022. [12513097] [22-15815] (Safier, Seth) [Entered: 08/09/2022 12:06 PM] |
| Filing 5 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12487200] (VS) [Entered: 07/06/2022 10:36 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 07/06/2022, 10:00 a.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12475600] (VS) [Entered: 06/21/2022 12:06 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 06/07/2022. 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.[12465473]. [22-15815] (AD) [Entered: 06/07/2022 12:44 PM] |
| Filing 2 Filed (ECF) Appellant Brandon Briskin Mediation Questionnaire. Date of service: 06/07/2022. [12465183] [22-15815] (Safier, Seth) [Entered: 06/07/2022 10:14 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Brandon Briskin Mediation Questionnaire due on 06/09/2022. Transcript ordered by 07/01/2022. Transcript due 08/01/2022. Appellant Brandon Briskin opening brief due 09/09/2022. Appellees Shopify (USA), Inc., Shopify Payments (USA), Inc. and Shopify, Inc. answering brief due 10/11/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12462125] (JMR) [Entered: 06/02/2022 01:13 PM] |
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