DZ Reserve, et al v. Meta Platforms, Inc.
| DZ RESERVE and CAIN MAXWELL, DBA Max Martialis |
| META PLATFORMS, INC., FKA Facebook, Inc. |
| U.S. CHAMBER OF COMMERCE and DIGITAL CONTENT NEXT |
| 22-15916 |
| June 21, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Fraud |
Opinions
We have the following opinions for this case:
| Description |
|---|
 DZ Reserve v. Meta Platforms, Inc.
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Docket Report
RSS Track this Docket
This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 89 ARGUED AND SUBMITTED TO J. CLIFFORD WALLACE, SIDNEY R. THOMAS and DANIELLE J. FORREST. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12790632] (NAR) [Entered: 09/12/2023 10:49 AM] |
| Filing 88 Filed (ECF) Acknowledgment of hearing notice by Attorney Geoffrey Graber for Appellees Cain Maxwell and DZ Reserve. Hearing in San Francisco on 09/12/2023 at 9:00 AM (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 20) 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: 08/15/2023. [12774367] [22-15916] (Graber, Geoffrey) [Entered: 08/15/2023 11:12 AM] |
| Filing 87 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Andrew Brian Clubok for Appellant Meta Platforms, Inc.. Hearing in San Francisco on 09/12/2023 at 09:00 A.M. (Courtroom: 3). 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: 08/15/2023. [12774250] [22-15916] (Clubok, Andrew) [Entered: 08/15/2023 10:12 AM] |
| Filing 86 Notice of Oral Argument on Tuesday, September 12, 2023 - 09:00 A.M. - Courtroom 3 - 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 Tuesday, September 12, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12747404]. [22-15916] (KS) [Entered: 07/02/2023 06:10 AM] |
| Filing 85 Filed (ECF) Attorney Mr. Samir Deger-Sen for Appellant Meta Platforms, Inc. response to notice for case being considered for oral argument. Date of service: 06/06/2023. [12729919] [22-15916] (Deger-Sen, Samir) [Entered: 06/06/2023 01:49 PM] |
| Filing 84 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for September 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).[12727049]. [22-15916] (KS) [Entered: 06/01/2023 04:51 PM] |
| Filing 83 Filed (ECF) Attorney Mr. Samir Deger-Sen for Appellant Meta Platforms, Inc. response to notice for case being considered for oral argument. Date of service: 05/08/2023. [12711341] [22-15916] (Deger-Sen, Samir) [Entered: 05/08/2023 04:09 PM] |
| Filing 82 Filed (ECF) Attorney Geoffrey Graber for Appellees Cain Maxwell and DZ Reserve response to notice for case being considered for oral argument. Date of service: 05/08/2023. [12711178] [22-15916] (Graber, Geoffrey) [Entered: 05/08/2023 03:00 PM] |
| Filing 81 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).[12709303]. [22-15916] (KS) [Entered: 05/04/2023 03:41 PM] |
| Filing 80 Filed clerk order: The redacted Volume 2 of the supplemental excerpts of record [ # 74 ] submitted by Cain Maxwell and DZ Reserve are filed. No paper copies are required at this time. [12689800] (JMR) [Entered: 04/05/2023 02:22 PM] |
| Filing 79 Filed clerk order: The redacted reply brief [ # 73 ] submitted by Meta Platforms, Inc. is filed. No paper copies are required at this time. [12689783] (JMR) [Entered: 04/05/2023 02:14 PM] |
| Filing 78 Received 3 paper copies of further excerpts of record [ # 74 ], [ # 69 ] in 6 volume(s) and index volume filed by Cain Maxwell and DZ Reserve. Volumes 2-6 are filed UNDER SEAL. [12689588] (NAR) [Entered: 04/05/2023 11:27 AM] |
| Filing 77 Received 6 paper copies of Answering Brief [ # 68 ] filed by Cain Maxwell and DZ Reserve is UNDER SEAL. [12689587] (NAR) [Entered: 04/05/2023 11:25 AM] |
| Filing 76 Received 6 paper copies of Reply Brief [70] filed UNDER SEAL by Meta Platforms, Inc.. [12688843] (SD) [Entered: 04/04/2023 02:05 PM] |
| Filing 75 Received 3 paper copies of further excerpts of record [ # 59 ] in 1 volume(s) filed by Appellant Meta Platforms, Inc.. [12688841] (SD) [Entered: 04/04/2023 02:03 PM] |
| Filing 74 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Cain Maxwell and DZ Reserve. Date of service: 04/04/2023. [12688837] [22-15916] (Graber, Geoffrey) [Entered: 04/04/2023 01:59 PM] |
| Filing 73 Submitted (ECF) Reply Brief for review. Submitted by Appellant Meta Platforms, Inc.. Date of service: 04/04/2023. [12688743] [22-15916] (Clubok, Andrew) [Entered: 04/04/2023 01:19 PM] |
| Filing 72 Filed clerk order: The reply brief [70] submitted by Meta Platforms, Inc. is filed UNDER SEAL. 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 further excerpts of record [ # 59 ] submitted by Meta Platforms, 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. [12687545] (JMR) [Entered: 04/03/2023 11:42 AM] |
| Filing 71 Filed clerk order: The answering brief [68] submitted by Cain Maxwell and DZ Reserve is filed UNDER SEAL. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 43 ], [69] submitted by Cain Maxwell and DZ Reserve are filed. Volumes 2-6 are filed UNDER SEAL. 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. [12687527]--[Edited: Updated brief submission date in order, resent NDA. 04/03/2023 by JMR] (JMR) [Entered: 04/03/2023 11:34 AM] |
| Filing 70 Submitted (ECF) UNDER SEAL Reply Brief for review. Submitted by Appellant Meta Platforms, Inc.. Date of service: 03/06/2023. (Court-entered filing, brief originally submitted in [ # 58 ].) [12687399] (AF) [Entered: 04/03/2023 10:26 AM] |
| Filing 69 Submitted (ECF) UNDER SEAL supplemental excerpts of record Volumes 2 through 6. Submitted by Appellees Cain Maxwell and DZ Reserve. Date of service: 01/13/2023. (Court-entered filing, excerpts of record originally submitted in [ # 41 ], [ # 42 ].) [12687394] (AF) [Entered: 04/03/2023 10:22 AM] |
| Filing 68 Submitted (ECF) UNDER SEAL Answering Brief for review. Submitted by Appellees Cain Maxwell and DZ Reserve. Date of service: 01/13/2023. (Court-entered filing, brief originally submitted in [ # 41 ].) [12687384] (AF) [Entered: 04/03/2023 10:16 AM] |
| Filing 67 Filed order (Appellate Commissioner): Appellees unopposed motion (Docket Entry No. [ # 42 ]) to file under seal Volume 2 of the supplemental excerpts of record is granted. Appellants unopposed motion (Docket Entry No. [ # 58 ]) to file under seal the reply brief is granted. Appellees filed a notice of intent to file publicly the unredacted answering brief and Volumes 3 through 6 of the supplemental excerpts of record (Docket Entry No. [ # 41 ]). See 9th Cir. R. 27-13(f). Appellants unopposed motion (Docket Entry No. [ # 55 ]) to file portions of the answering brief and Volumes 3 through 6 of the supplemental excerpts of record under seal is granted. The Clerk will unseal the notice (Docket Entry No. [ # 41 ]-1) and file publicly the motions to seal (Docket Entry Nos. [ # 42 ]-1, [ # 55 ]-1, [ # 58 ]-1). The Clerk will also file publicly Volume 1 of the supplemental excerpts of record (Docket Entry No. [ # 43 ]) and Volume 1 of the further excerpts of record (Docket Entry No. [ # 59 ]). The Clerk will file under seal the answering brief (Docket Entry No. [ # 41 ]-2), Volumes 2 through 6 of the supplemental excerpts of record (Docket Entry Nos. [ # 41 ]-3 through [ # 41 ]-6, and [ # 42 ]-2), and the reply brief (Docket Entry No. [ # 58 ]-2). Within 21 days of this order, (1) appellees must submit for public filing a redacted version of Volume 2 of the supplemental excerpts of record that tracks the highlighted redactions set forth in Docket Entry No. [ # 42 ]-2 and (2) appellant must submit for public filing a redacted reply brief that tracks the highlighted redactions set forth in Docket Entry No. [ # 58 ]-2. The page numbering and citations in the public versions must remain the same as in the sealed versions. Appellees also filed a notice of intent to file publicly the reply in support of appellees motion to strike (Docket Entry No. [ # 57 ]). See 9th Cir. R. 27-13(f). No other party has filed a motion to file or maintain the document under seal. Therefore, the Clerk will unseal the notice (Docket Entry No. [ # 57 ]-1), and file publicly the reply (Docket Entry No. [ # 57 ]-2). Appellees motion (Docket Entry No. [ # 44 ]) to strike portions of the opening brief and excerpts of record, appellants response (Docket Entry No. [ # 54 ]), and appellees reply (Docket Entry No. [ # 66 ]) are referred to the panel that will consider the merits of this case. Any discussion of the disputed materials in the parties briefs may be stricken or disregarded if the merits panel grants appellees motion to strike. Briefing is complete. (MOATT) [12687376] (AF) [Entered: 04/03/2023 10:13 AM] |
| Filing 66 Filed Appellees Cain Maxwell and DZ Reserve's Reply in Support of Motion to Strike; served on 02/21/2023. (Court-entered filing of reply submitted under seal at [ # 57 ]) [12687355] (AF) [Entered: 04/03/2023 10:00 AM] |
| Filing 65 Filed (ECF) notice of filing document ([ # 57 ]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellees Cain Maxwell and DZ Reserve. Date of service: 02/21/2023. (Court-entered filing) [12687347] (AF) [Entered: 04/03/2023 09:56 AM] |
| Filing 64 Filed (ECF) notice of filing document ([ # 41 ]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellees Cain Maxwell and DZ Reserve. Date of service: 01/13/2023. (Court-entered filing) [12687343] (AF) [Entered: 04/03/2023 09:55 AM] |
| Filing 63 Filed Appellant Meta Platforms, Inc. motion to file the reply brief UNDER SEAL. Deficiencies: None. Served on 03/06/2023. (Court-entered filing of motion submitted under seal at [ # 58 ]) [12687337] (AF) [Entered: 04/03/2023 09:53 AM] |
| Filing 62 Filed Appellant Meta Platforms, Inc. motion to file portions of the answering brief and Volumes 3 through 6 of the supplemental excerpts of record under seal. Deficiencies: None. Served on 02/03/2023. (Court-entered filing of motion submitted under seal at [ # 55 ]) [12687333] (AF) [Entered: 04/03/2023 09:50 AM] |
| Filing 61 Filed Appellees Cain Maxwell and DZ Reserve motion to file Volume 2 of the supplemental excerpts of record UNDER SEAL. Deficiencies: None. Served on 01/13/2023. (Court-entered filing of motion submitted under seal at [ # 42 ]) [12687285] (AF) [Entered: 04/03/2023 09:31 AM] |
| Filing 60 Filed (ECF) Appellees Cain Maxwell and DZ Reserve response non-opposing motion/form/notice at [ # 58 ] Motion (Seal) (ECF Filing). Date of service: 03/16/2023. I certify that I have separately notified all parties not registered for Appellate Electronic Filing in this case with notice of this non-opposition. [12675450] [22-15916] (Graber, Geoffrey) [Entered: 03/16/2023 11:48 AM] |
| Filing 59 Submitted (ECF) further excerpts of record. Submitted by Appellant Meta Platforms, Inc.. Date of service: 03/06/2023. [12668435] [22-15916]--[COURT UPDATE: attached corrected PDF of further excerpts of record. 03/20/2023 by KT] (Clubok, Andrew) [Entered: 03/06/2023 05:21 PM] |
| Filing 58 Filed (ECF) UNDER SEAL Appellant Meta Platforms, Inc. motion to file document under seal and submit sealed document. Type of document: brief. Date of service: 03/06/2023. [12668433] [22-15916]--[COURT UPDATE: attached corrected PDF of reply brief. 03/20/2023 by KT] (Clubok, Andrew) [Entered: 03/06/2023 05:20 PM] |
| Filing 57 Filed (ECF) UNDER SEAL Appellees Cain Maxwell and DZ Reserve notice of intent to unseal previously sealed material. Material: brief (Appellees' Reply in Support of Motion to Strike). Date of service: 02/21/2023. [12657585] [22-15916]--[COURT UPDATE: attached corrected PDF of reply. 02/22/2023 by KT] (Graber, Geoffrey) [Entered: 02/21/2023 03:03 PM] |
| Filing 56 Filed clerk order (Deputy Clerk: MK-S): Appellees unopposed motion for an extension of time to file a reply in support of appellees motion to strike (Docket Entry No. [ # 50 ]) is granted. Appellees may file a reply on or before February 21, 2023. [12650707] (AF) [Entered: 02/10/2023 11:44 AM] |
| Filing 55 Filed (ECF) UNDER SEAL Appellant Meta Platforms, Inc. motion to maintain document under seal. Date of service: 02/03/2023. [12645826] [22-15916] (Clubok, Andrew) [Entered: 02/03/2023 01:16 PM] |
| Filing 54 Filed (ECF) Appellant Meta Platforms, Inc. response to motion ([ # 44 ] Motion (ECF Filing), [ # 44 ] Motion (ECF Filing)). Date of service: 02/02/2023. [12645365] [22-15916] (Clubok, Andrew) [Entered: 02/02/2023 05:20 PM] |
| Filing 53 Received 6 paper copies of Amicus Brief [ # 49 ] filed by Digital Content Next. [12640806] (SD) [Entered: 01/27/2023 01:36 PM] |
| Filing 52 Filed clerk order: The amicus brief [ # 49 ] submitted by Digital Content Next is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12636300] (JMR) [Entered: 01/23/2023 03:22 PM] |
| Filing 51 Entered appearance of Amicus Curiae Digital Content Next. [12636296] (JMR) [Entered: 01/23/2023 03:22 PM] |
| Filing 50 Filed (ECF) Appellees Cain Maxwell and DZ Reserve Unopposed Motion to extend time to file a reply until 02/21/2023. Date of service: 01/23/2023. [12636036] [22-15916] (Graber, Geoffrey) [Entered: 01/23/2023 12:52 PM] |
| Filing 49 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Digital Content Next. Date of service: 01/20/2023. [12635380] [22-15916] (Berger, David) [Entered: 01/20/2023 07:03 PM] |
| Filing 48 Filed clerk order (Deputy Clerk: MK-S): Appellants motion (Docket Entry No. [ # 45 ]) for an extension of time to respond to appellees motion to strike is granted. Appellant may file a response on or before February 2, 2023. Any reply is due within 7 days after service of the response. [12634701] (AF) [Entered: 01/20/2023 11:21 AM] |
| Filing 47 Streamlined request [46] by Appellant Meta Platforms, Inc. to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 03/06/2023. [12632919] (DLM) [Entered: 01/18/2023 01:36 PM] |
| Filing 46 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Meta Platforms, Inc.. New requested due date is 03/06/2023. [12632892] [22-15916] (Clubok, Andrew) [Entered: 01/18/2023 01:16 PM] |
| Filing 45 Filed (ECF) Appellant Meta Platforms, Inc. Unopposed Motion to extend time to file opposition until 02/02/2023. Date of service: 01/18/2023. [12632854] [22-15916] (Clubok, Andrew) [Entered: 01/18/2023 12:45 PM] |
| Filing 44 Filed (ECF) Appellees Cain Maxwell and DZ Reserve Motion to strike portion of Appellant's Opening Brief and Excerpts of Record. Date of service: 01/13/2023. [12630718] [22-15916] (Graber, Geoffrey) [Entered: 01/13/2023 04:30 PM] |
| Filing 43 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Cain Maxwell and DZ Reserve. Date of service: 01/13/2023. [12630659] [22-15916] (Graber, Geoffrey) [Entered: 01/13/2023 04:08 PM] |
| Filing 42 Filed (ECF) UNDER SEAL Appellees Cain Maxwell and DZ Reserve motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 01/13/2023. [12630646] [22-15916]--[COURT UPDATE: Updated docket text to reflect content of filing. 01/18/2023 by LA] (Graber, Geoffrey) [Entered: 01/13/2023 04:06 PM] |
| Filing 41 Filed (ECF) UNDER SEAL Appellees Cain Maxwell and DZ Reserve notice of intent to unseal previously sealed material. Material: brief (portions of Supplemental Excerpts of Record). Date of service: 01/13/2023. [12630635] [22-15916] (Graber, Geoffrey) [Entered: 01/13/2023 03:58 PM] |
| Filing 40 Added Attorney(s) Madelyn Petersen for party(s) Appellee DZ Reserve Appellee Cain Maxwell, in case 22-15916. [12629637] (NAC) [Entered: 01/12/2023 02:56 PM] |
| Filing 39 Filed (ECF) notice of appearance of Madelyn N. Petersen (Cohen Milstein Sellers & Toll PLLC 1100 New York Ave., NW, Suite 500, Washington, D.C. 20005) for Appellees Cain Maxwell and DZ Reserve. Date of service: 01/12/2023. (Party was previously proceeding with counsel.) [12629619] [22-15916] (Petersen, Madelyn) [Entered: 01/12/2023 02:45 PM] |
| Filing 38 Terminated Paul M. Stephan for DZ Reserve and Cain Maxwell in 22-15916 [12629182] (NAC) [Entered: 01/12/2023 10:55 AM] |
| Filing 37 Added Attorney(s) Charles Reichmann for party(s) Appellee DZ Reserve Appellee Cain Maxwell, in case 22-15916. [12629178] (NAC) [Entered: 01/12/2023 10:54 AM] |
| Filing 36 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Paul M. Stephan for Appellees Cain Maxwell and DZ Reserve. Party proceeding without counsel: No. Date of service: 01/12/2023. [12629173] [22-15916] (Graber, Geoffrey) [Entered: 01/12/2023 10:47 AM] |
| Filing 35 Filed (ECF) notice of appearance of Charles P. Reichmann (Law Offices of Charles Reichmann, 16 Yale Circle, Kensington, CA 94708) for Appellees Cain Maxwell and DZ Reserve. Date of service: 01/12/2023. (Party was previously proceeding with counsel.) [12629148] [22-15916] (Reichmann, Charles) [Entered: 01/12/2023 10:23 AM] |
| Filing 34 Received 3 paper copies of the corrected Volume 4 of excerpts of record [ # 30 ] filed by Meta Platforms, Inc. is filed UNDER SEAL. [12623552] (NAR) [Entered: 01/05/2023 10:10 AM] |
| Filing 33 Filed clerk order: The corrected Volume 4 of excerpts of record [ # 31 ] submitted by Meta Platforms, Inc. is filed UNDER SEAL. 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. [12622726] (JMR) [Entered: 01/04/2023 12:10 PM] |
| Filing 32 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [ # 27 ]) to submit a corrected version of Volume 4 of the excerpts of record is granted. The Clerk will strike Docket Entry Nos. [ # 12 ]-3 and [ # 23 ]-2. The Clerk will file under seal the corrected Volume 4 of the excerpts of record (Docket Entry No. [ # 30 ]). The Clerk will file publicly the redacted Volumes 3 through 5 of the excerpts of record (Docket Entry No. [ # 31 ]). The existing briefing schedule remains in effect. (MOATT) [12622069] (AF) [Entered: 01/03/2023 04:43 PM] |
| Filing 31 Submitted (ECF) excerpts of record. Submitted by Appellant Meta Platforms, Inc.. Date of service: 12/21/2022. [12616071] [22-15916] (Clubok, Andrew) [Entered: 12/21/2022 04:32 PM] |
| Filing 30 Submitted (ECF) UNDER SEAL corrected Volume 4 of excerpts of record. Submitted by Appellant Meta Platforms, Inc. Date of service: 12/13/2022. (Court-entered filing, excerpts of record originally submitted in [ # 28 ].) [12610019] (LA) [Entered: 12/14/2022 09:19 AM] |
| Filing 29 Filed (ECF) notice of sealing under Ninth Circuit Rule 27-13 [ # 28 ]. Filed by Appellant Meta Platforms, Inc.. Date of service: 12/13/2022. (Court-entered filing) [12610015] (LA) [Entered: 12/14/2022 09:18 AM] |
| Filing 28 Filed (ECF) UNDER SEAL Appellant Meta Platforms, Inc. notice of filing document under seal. Type of document: excerpts of record. Date of service: 12/13/2022. [12609853] [22-15916] (Clubok, Andrew) [Entered: 12/13/2022 06:19 PM] |
| Filing 27 Filed (ECF) Appellant Meta Platforms, Inc. Unopposed Motion for miscellaneous relief [Motion to Amend Under Seal Version of Excerpts of Record]. Date of service: 12/13/2022. [12609850] [22-15916] (Clubok, Andrew) [Entered: 12/13/2022 06:10 PM] |
| Filing 26 Received 3 paper copies of excerpts of record [ # 11 ], [ # 23 ] in 5 volume(s) and index volume filed by Meta Platforms, Inc.. Volumes 3-5 are filed UNDER SEAL. [12602351] (NAR) [Entered: 12/05/2022 01:44 PM] |
| Filing 25 Received 6 paper copies of Opening Brief [ # 10 ] filed by Meta Platforms, Inc.. [12602349] (NAR) [Entered: 12/05/2022 01:43 PM] |
| Filing 24 Filed clerk order: The opening brief [ # 10 ] submitted by Meta Platforms, 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 [23], [ # 11 ] submitted by Meta Platforms, Inc. are filed. Volumes 3-5 are filed UNDER SEAL. 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. [12599266] (JMR) [Entered: 11/30/2022 02:23 PM] |
| Filing 23 Submitted (ECF) UNDER SEAL excerpts of record Volumes 3 through 5. Submitted by Appellant Meta Platforms, Inc.. Date of service: 10/31/2022. (Court-entered filing, excerpts of record originally submitted in [ # 12 ].) [12599103] (AF) [Entered: 11/30/2022 01:23 PM] |
| Filing 22 Filed order (Appellate Commissioner): Appellants unopposed motion to file under seal Volumes 3 through 5 of the excerpts of record (Docket Entry No. [ # 12 ]) is granted. Appellant also filed a notice of intent to file publicly portions of Volume 3 of the excerpts of record (Docket Entry No. [ # 13 ]), see 9th Cir. R. 27-13(f), and appellees filed a notice of non-opposition at Docket Entry No. 19. The Clerk will file publicly the opening brief (Docket Entry No. [ # 10 ]), Volumes 1 and 2 of the excerpts of record (Docket Entry No. [ # 11 ]), the motion to seal (Docket Entry No. [ # 12 ]-1), and the notice of unsealing (Docket Entry No. [ # 13 ]-1). The Clerk will file under seal Volumes 3 through 5 of the excerpts of record (Docket Entry Nos. [ # 12 ]-2, [ # 12 ]-3, [ # 12 ]-4). Within 21 days of this order, appellant must submit for public filing redacted versions of Volumes 3 through 5 that track the proposed redactions highlighted in Docket Entry Nos. [ # 12 ]-2 through [ # 12 ]-4. The page numbering in the public volumes must remain the same as in the sealed volumes. Appellees unopposed motion (Docket Entry No. [ # 14 ]) for an extension of time to file the answering brief is granted. The answering brief is due January 13, 2023. The optional reply brief is due within 21 days after service of the answering brief. (MOATT) [12599100] (AF) [Entered: 11/30/2022 01:21 PM] |
| Filing 21 Filed (ECF) notice of filing document ([ # 13 ]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellant Meta Platforms, Inc.. Date of service: 10/31/2022. (Court-entered filing) [12599093] (AF) [Entered: 11/30/2022 01:14 PM] |
| Filing 20 Filed Appellant Meta Platforms, Inc. motion to file Volumes 3 through 5 of the excerpts of recordv UNDER SEAL. Deficiencies: None. Served on 10/31/2022. (Court-entered filing of motion submitted under seal at [ # 12 ]) [12599089] (AF) [Entered: 11/30/2022 01:11 PM] |
| Filing 19 Filed (ECF) Appellees Cain Maxwell and DZ Reserve response non-opposing motion/form/notice at [ # 13 ] Notice of Intent to Unseal (ECF Filing), [ # 12 ] Motion (Seal) (ECF Filing). Date of service: 11/17/2022. I certify that I have separately notified all parties not registered for Appellate Electronic Filing in this case with notice of this non-opposition. [12590561] [22-15916] (Graber, Geoffrey) [Entered: 11/17/2022 03:51 PM] |
| Filing 18 Received 6 paper copies of Amicus Brief [ # 15 ] filed by U.S. Chamber of Commerce. [12585208] (SD) [Entered: 11/10/2022 03:21 PM] |
| Filing 17 Filed clerk order: The amicus brief [ # 15 ] submitted by U.S. Chamber of Commerce is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12582156] (JMR) [Entered: 11/07/2022 04:19 PM] |
| Filing 16 Entered appearance of Amicus Curiae U.S. Chamber of Commerce. [12582155] (JMR) [Entered: 11/07/2022 04:19 PM] |
| Filing 15 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Chamber of Commerce of the United States of America. Date of service: 11/07/2022. [12581614] [22-15916] (Zimmerman, Erik) [Entered: 11/07/2022 12:32 PM] |
| Filing 14 Filed (ECF) Appellees Cain Maxwell and DZ Reserve Unopposed Motion to extend time to file Answering brief until 01/13/2023. Date of service: 11/04/2022. [12580065] [22-15916] (Graber, Geoffrey) [Entered: 11/04/2022 06:30 AM] |
| Filing 13 Filed (ECF) UNDER SEAL Appellant Meta Platforms, Inc. notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 10/31/2022. [12577389] [22-15916]--[COURT UPDATE: Removed duplicate Vol 3 (Vol 3 already submitted at [12]). 11/01/2022 by LA] (Clubok, Andrew) [Entered: 10/31/2022 07:49 PM] |
| Filing 12 Filed (ECF) UNDER SEAL Appellant Meta Platforms, Inc. motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 10/31/2022. [12577388] [22-15916] (Clubok, Andrew) [Entered: 10/31/2022 07:46 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellant Meta Platforms, Inc.. Date of service: 10/31/2022. [12577386] [22-15916] (Clubok, Andrew) [Entered: 10/31/2022 07:39 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellant Meta Platforms, Inc.. Date of service: 10/31/2022. [12577385] [22-15916] (Clubok, Andrew) [Entered: 10/31/2022 07:30 PM] |
| Filing 9 Streamlined request [8] by Appellant Meta Platforms, Inc. to extend time to file the brief is approved. Streamline requests allow for 30 day extensions. Amended briefing schedule: Appellant Meta Platforms, Inc. opening brief due 10/31/2022. Appellees Cain Maxwell and DZ Reserve answering brief due 11/30/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12535484] (DLM) [Entered: 09/07/2022 04:26 PM] |
| Filing 8 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Meta Platforms, Inc.. New requested due date is 10/28/2022. [12535175] [22-15916] (Clubok, Andrew) [Entered: 09/07/2022 02:12 PM] |
| Filing 7 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12508138] (CL) [Entered: 08/02/2022 05:26 PM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 08/02/2022, 10:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12491534] (CL) [Entered: 07/12/2022 09:35 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 06/28/2022. 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.[12482576]. [22-15916] (AD) [Entered: 06/29/2022 06:44 AM] |
| Filing 4 Filed (ECF) Appellant Meta Platforms, Inc. Mediation Questionnaire. Date of service: 06/28/2022. [12482556] [22-15916] (Clubok, Andrew) [Entered: 06/28/2022 07:18 PM] |
| Filing 3 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 06/21/2022. [12477347] (RT) [Entered: 06/22/2022 02:04 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Meta Platforms, Inc. Mediation Questionnaire due on 06/28/2022. Transcript ordered by 07/21/2022. Transcript due 08/22/2022. Appellant Meta Platforms, Inc. opening brief due 09/29/2022. Appellees Cain Maxwell and DZ Reserve answering brief due 10/31/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12475988] (RT) [Entered: 06/21/2022 02:14 PM] |
| Filing 1 Filed order (KENNETH K. LEE and PATRICK J. BUMATAY, Circuit Judges) in case no. 22-80029 on June 21, 2022: The motion for leave to file a reply in support of the petition (Docket Entry No. 7-2) is granted. Petitioners unopposed motion to maintain under seal portions of the answer to the petition and portions of the response to petitioners motion for leave to file a reply (Docket Entry No. 9) is granted. Petitioners unopposed motion to file portions of the reply and portions of the motion for leave to file a reply under seal (Docket Entry No. 7-1) is also granted. The Clerk will unseal the notices of intent (Docket Entry Nos. 2-1 and 8-1) and will file publicly the motions to seal (Docket Entry Nos. 7-1 and 9). The Clerk will maintain under seal the unredacted answer (Docket Entry No. 2-2), the unredacted motion for leave to file a reply and reply (Docket Entry No. 7-2), and the unredacted response to the motion for leave to file a reply (Docket Entry No. 8). Within 21 days of this order, petitioner must submit for public filing redacted versions of the answer, the motion for leave to file a reply, the opposition to the motion for leave to file a reply, and the reply that track the redactions set forth in the motions to seal. The page numbering in the public filings must remain the same as in the sealed filings. The court, in its discretion, grants the petition for permission to appeal the district courts March 29, 2022 order granting class action certification. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005). Within 14 days after the date of this order, petitioner shall perfect the appeal in accordance with Federal Rule of Appellate Procedure 5(d). [12475984] (RT) [Entered: 06/21/2022 02:12 PM] |
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