Align Technology, Inc. v. SmileDirectClub, LLC, et al
| ALIGN TECHNOLOGY, INC. |
| SMILEDIRECTCLUB, LLC, SDC FINANCIAL, LLC, SMILEDIRECTCLUB, INC., DAVID KATZMAN, STEVEN KATZMAN, JEFFREY SULITZER, ALEX FENKELL, JORDAN KATZMAN and CAMELOT VENTURE GROUP |
| 23-15183 |
| February 10, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
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| Filing 52 Filed clerk order (Deputy Clerk: MCD): The court stays this appeal in light of the declaration of bankruptcy by SmileDirectClub, LLC, SmileDirectClub, Inc., and SDC Financial, LLC. See Suggestion of Bankruptcy, Align Technology, Inc. v. SmileDirectClub, LLC et al., No. 3:23-CV-00023-EMC, ECF No. 119 (N.D. Cal. Oct. 3, 2023). The parties shall submit status updates every 90 days from the date of this order, as well as a status update once the bankruptcy proceedings are complete. [12817008] (OC) [Entered: 10/30/2023 11:51 AM] |
| Filing 51 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Michael Dominic Meuti for Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer. Hearing in Other (San Jose) on 11/14/2023 at 9:00am (Courtroom: Courtroom 1, 5th Floor, Room 5080). 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: 10/16/2023. [12810186] [23-15183] (Meuti, Michael) [Entered: 10/16/2023 12:20 PM] |
| Filing 50 Filed (ECF) Acknowledgment of hearing notice by Attorney Luke Beasley for Appellee Align Technology, Inc.. Hearing in Other (San Jose) on 11/14/2023 at 9:00am (Courtroom: Courtroom 1, 5th Floor, Room 5080). Filer sharing argument time: No. (Argument minutes: 10) 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: 10/16/2023. [12810020] [23-15183] (Beasley, Luke) [Entered: 10/16/2023 10:40 AM] |
| Filing 49 Filed clerk order: The letter brief [ # 45 ] submitted by appellants is filed. No paper copies are required at this time. [12809421] (KWG) [Entered: 10/13/2023 12:17 PM] |
| Filing 48 Filed clerk order: The letter brief [ # 43 ] submitted by Align Technology, Inc. is filed. No paper copies are required at this time. [12809419] (KWG) [Entered: 10/13/2023 12:15 PM] |
| Filing 47 Filed text clerk order (Deputy Clerk: MCD): The motions to file oversized briefs [ # 44 ] [ # 46 ], are granted [12809231] (OC) [Entered: 10/13/2023 10:24 AM] |
| Filing 46 Filed (ECF) Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer Motion to file oversized brief. Date of service: 10/12/2023. [12808857] [23-15183] (Meuti, Michael) [Entered: 10/12/2023 02:50 PM] |
| Filing 45 Submitted (ECF) Letter Brief for review. Submitted by Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer. Date of service: 10/12/2023. [12808847] [23-15183] (Meuti, Michael) [Entered: 10/12/2023 02:46 PM] |
| Filing 44 Filed (ECF) Appellee Align Technology, Inc. Motion to file oversized brief. Date of service: 10/12/2023. [12808653] [23-15183]--[COURT UPDATE: Removed PDF of the brief. See [ # 43 ]. 10/12/2023 by KWG] (Jones, Jameson) [Entered: 10/12/2023 12:39 PM] |
| Filing 43 Submitted (ECF) Letter Brief for review. Submitted by Appellee Align Technology, Inc.. Date of service: 10/12/2023. [12808648] [23-15183] (Jones, Jameson) [Entered: 10/12/2023 12:34 PM] |
| Filing 42 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 43 ]. Original Text: Filed (ECF) Appellee Align Technology, Inc. Correspondence: Appellees' Letter Brief Pursuant to Court's October 4, 2023 Order. Date of service: 10/11/2023 [12808194] [23-15183] (Jones, Jameson) [Entered: 10/11/2023 02:50 PM] |
| Filing 41 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 46 ]. Original Text: Filed (ECF) Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer Correspondence: Appellants' Letter Brief Pursuant to the Court's October 4, 2023 [Dkt. 40]. Date of service: 10/11/2023 [12808148] [23-15183] (Meuti, Michael) [Entered: 10/11/2023 02:12 PM] |
| Filing 40 Filed clerk order (Deputy Clerk: MCD): The parties are ordered to file letter briefs of no more than three pages explaining the effect on this appeal, if any, of SmileDirectClub, Inc.s Chapter 11 bankruptcy. See Suggestion of Bankruptcy, Align Technology, Inc. v. SmileDirectClub, LLC et al., No. 3:23-CV-00023-EMC, ECF No. 119 (N.D. Cal. Oct. 3, 2023). The letter briefs are due within seven days of this Order. [12804857] (AF) [Entered: 10/04/2023 05:06 PM] |
| Filing 39 Added Attorney(s) Luke Beasley for party(s) Appellee Align Technology, Inc., in case 23-15183. [12795554] (BJK) [Entered: 09/20/2023 09:47 AM] |
| Filing 38 Filed (ECF) notice of appearance of Luke Charles Beasley (Bartlit Beck LLP, 54 West Hubbard St, Suite 300, Chicago IL 60654) for Appellee Align Technology, Inc.. Date of service: 09/20/2023. (Party was previously proceeding with counsel.) [12795506] [23-15183] (Beasley, Luke) [Entered: 09/20/2023 09:07 AM] |
| Filing 37 Notice of Oral Argument on Tuesday, November 14, 2023 - 09:00 A.M. - SJ CR 1, 5th Fl, Rm 5080 - Scheduled Location: San Jose 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, November 14, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12785930]. [23-15183] (KS) [Entered: 09/03/2023 06:21 AM] |
| Filing 36 Added Attorney(s) Rebecca W. Bacon for party(s) Appellee Align Technology, Inc., in case 23-15183. [12758942] (BJK) [Entered: 07/20/2023 02:25 PM] |
| Filing 35 Filed (ECF) notice of appearance of Rebecca Weinstein Bacon (Bartlit Beck LLP, 54 West Hubbard Street, Suite 300, Chicago, IL 60654) for Appellee Align Technology, Inc.. Date of service: 07/20/2023. (Party was previously proceeding with counsel.) [12758892] [23-15183] (Bacon, Rebecca) [Entered: 07/20/2023 01:48 PM] |
| Filing 34 This case is being considered for an upcoming oral argument calendar in San Jose. Please consult with opposing counsel and review the San Jose sitting dates for November 2023 at # http://www.ca9.uscourts.gov/court_sessions . Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable 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. 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). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [12754649] (CSR) [Entered: 07/13/2023 12:06 PM] |
| Filing 32 Received 6 paper copies of Reply Brief [ # 18 ] filed by Appellants. [12750635] (SD) [Entered: 07/07/2023 12:32 PM] |
| Filing 31 Received 6 paper copies of Opening Brief [ # 12 ] filed by Appellants. [12750631] (SD) [Entered: 07/07/2023 12:30 PM] |
| Filing 30 Received 3 paper copies of excerpts of record [ # 13 ], [22] in 3 volume(s) and index volume filed by Appellants. Volume 3 is filed UNDER SEAL.[12750626] (SD) [Entered: 07/07/2023 12:27 PM] |
| Filing 33 Received 3 paper copies of supplemental excerpts of record [ # 16 ] in 1 volume(s) filed by Appellee Align Technology, Inc.. [12751563] (JAS) [Entered: 07/10/2023 11:17 AM] |
| Filing 29 Received 6 paper copies of Answering Brief [23] by Align Technology, Inc.is filed UNDER SEAL [12750153] (JAS) [Entered: 07/06/2023 04:33 PM] |
| Filing 28 Filed clerk order: The redacted answering brief [ # 27 ] submitted by Align Technology, Inc. is filed. No paper copies of the redacted brief are required. [12749254] (KWG) [Entered: 07/05/2023 04:08 PM] |
| Filing 27 Submitted (ECF) Answering Brief for review. Submitted by Appellee Align Technology, Inc.. Date of service: 07/05/2023. [12748835] [23-15183]--[COURT UPDATE: Attached corrected PDF of the brief. 07/05/2023 by KWG] (Jones, Jameson) [Entered: 07/05/2023 01:06 PM] |
| Filing 26 Filed clerk order: The reply brief [ # 18 ] submitted by appellants 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. [12747267] (KWG) [Entered: 06/30/2023 05:05 PM] |
| Filing 25 Filed clerk order: The unredacted answering brief [23] submitted by Align Technology, 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: red. The supplemental excerpts of record [ # 16 ] submitted by Align Technology, 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. [12747264] (KWG) [Entered: 06/30/2023 05:04 PM] |
| Filing 24 Filed clerk order: The opening brief [ # 12 ] submitted by appellants 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 ], [22] submitted by appellants are filed. Volume 3 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. [12747258] (KWG) [Entered: 06/30/2023 05:01 PM] |
| Filing 23 Submitted (ECF) UNDER SEAL Answering Brief for review. Submitted by Appellee Align Technology, Inc.. Date of service: 05/15/2023. (Court-entered filing, brief originally submitted in [15].) [12747216] (JMR) [Entered: 06/30/2023 04:42 PM] |
| Filing 22 Submitted (ECF) UNDER SEAL excerpts of record Volume 3. Submitted by Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer. Date of service: 05/10/2023. (Court-entered filing, excerpts of record originally submitted in [14].) [12747210] (JMR) [Entered: 06/30/2023 04:41 PM] |
| Filing 21 Filed order (Appellate Commissioner): Appellants motion (Docket Entry No. [15]) to seal Volume 3 of the excerpts of record, and appellees motion (Docket Entry No. [15]) to seal the unredacted answering brief and Exhibit B to appellees motion to take judicial notice, are referred to the panel assigned to decide the merits of this appeal. The Clerk will file publicly the opening brief, Volumes 1 through 2 of the excerpts of record, Volume 1 of the supplemental excerpts of record, and the reply brief (Docket Entry Nos. [ # 12 ], [ # 13 ], [ # 16 ], [ # 18 ]). The Clerk will file under provisional seal Volume 3 of the excerpts of record, the unredacted answering brief, and Exhibit B to appellees motion to take judicial notice (Docket Entry Nos. [14]-2, [15]-2, [15]-3). Within 21 days of this order, appellee must submit for public filing a redacted version of the answering brief that tracks the redactions set forth in highlighted text in Docket Entry No. [15]-2. The page numbering and citations in the public brief must remain the same as in the sealed brief. Briefing is complete. (Staff Attorney Office) [12747204] (JMR) [Entered: 06/30/2023 04:39 PM] |
| Filing 20 Filed Appellee Align Technology, Inc. motion to file unredacted answering brief and Exhibit B to appellees motion to take judicial notice UNDER SEAL. Deficiencies: None. Served on 05/15/2023. [12747195] (Court-entered filing of motion submitted under seal at [15]) (JMR) [Entered: 06/30/2023 04:37 PM] |
| Filing 19 Filed Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer motion to file excerpts of record UNDER SEAL. Deficiencies: None. Served on 05/10/2023. [12747181] (Court-entered filing of motion submitted under seal at [ # 13 ]) (JMR) [Entered: 06/30/2023 04:32 PM] |
| Filing 18 Submitted (ECF) Reply Brief for review. Submitted by Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer. Date of service: 06/05/2023. [12728802] [23-15183] (Meuti, Michael) [Entered: 06/05/2023 02:08 PM] |
| Filing 17 Filed (ECF) Appellee Align Technology, Inc. Motion to take judicial notice of Facts. Date of service: 05/15/2023. [12715859] [23-15183] (Jones, Jameson) [Entered: 05/15/2023 01:32 PM] |
| Filing 16 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Align Technology, Inc.. Date of service: 05/15/2023. [12715850] [23-15183]--[COURT UPDATE: Attached corrected PDF of the excerpts. 05/17/2023 by KWG] (Jones, Jameson) [Entered: 05/15/2023 01:27 PM] |
| Filing 15 Filed (ECF) UNDER SEAL Appellee Align Technology, Inc. motion to file document under seal and submit sealed document. Type of document: brief (Exhibit B to Align's Request for Judicial Notice (Align Opposition to Motion to Dismiss the Complaint)). Date of service: 05/15/2023. [12715847] [23-15183]--[COURT UPDATE: Attached corrected PDF of the brief. 05/17/2023 by KWG] (Jones, Jameson) [Entered: 05/15/2023 01:25 PM] |
| Filing 14 Filed (ECF) UNDER SEAL Appellants Camelot Venture Group, David Katzman, Jordan Katzman, Steven Katzman, SmileDirectClub, Inc., Jeffrey Sulitzer, SmileDirectClub, LLC, SDC Financial, LLC and Alex Fenkell motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 05/10/2023. [12713566] [23-15183]--[COURT UPDATE: Attached corrected PDF of the excerpts, vol 3, and COS. 05/12/2023 by KWG] (Meuti, Michael) [Entered: 05/10/2023 06:49 PM] |
| Filing 13 Submitted (ECF) excerpts of record. Submitted by Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer. Date of service: 05/10/2023. [12713552] [23-15183]--[COURT UPDATE: Attached corrected pdf of the excerpts, vols 1-2 and index vol. 05/12/2023 by KWG] (Meuti, Michael) [Entered: 05/10/2023 06:33 PM] |
| Filing 12 Submitted (ECF) Opening Brief for review. Submitted by Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer. Date of service: 05/10/2023. [12713551] [23-15183]--[COURT UPDATE: Attached corrected PDF of the brief. 05/12/2023 by KWG] (Meuti, Michael) [Entered: 05/10/2023 06:29 PM] |
| Filing 11 Streamlined request [10] by Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer to extend time to file the brief is approved. Amended briefing schedule: Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer opening brief due 05/10/2023. Appellee Align Technology, Inc. answering brief due 06/09/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12676340] (DR) [Entered: 03/17/2023 12:42 PM] |
| Filing 10 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Camelot Venture Group, Jeffrey Sulitzer, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc. and SmileDirectClub, LLC. New requested due date is 05/10/2023. [12676174] [23-15183] (Meuti, Michael) [Entered: 03/17/2023 10:52 AM] |
| Filing 9 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12665800] (CL) [Entered: 03/02/2023 11:02 AM] |
| Filing 8 Filed (ECF) Appellee Align Technology, Inc. Correspondence: Representation Statement. Date of service: 02/24/2023 [12660551] [23-15183] (Jones, Jameson) [Entered: 02/24/2023 09:08 AM] |
| Filing 7 MEDIATION ORDER FILED: By 03/01/2023, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12658953] (CL) [Entered: 02/22/2023 02:27 PM] |
| Filing 6 Added Attorney(s) Michael Dominic Meuti for party(s) Appellant SmileDirectClub, LLC, SmileDirectClub, Inc.,Jordan Katzman, Jeffrey Sulitzer, Alex Fenkell, SDC Financial, LLC, Camelot Venture Group, David Katzman,Steven Katzman, in case 23-15183. [12657944] (BJK) [Entered: 02/21/2023 04:50 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 02/17/2023. 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.[12656567]. [23-15183] (AD) [Entered: 02/17/2023 06:44 PM] |
| Filing 4 Filed (ECF) Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer Mediation Questionnaire. Date of service: 02/17/2023. [12655965] [23-15183] (Enns, Krista) [Entered: 02/17/2023 01:23 PM] |
| Filing 3 Filed (ECF) Appellants Camelot Venture Group, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC, Jeffrey Sulitzer and Alex Fenkell Correspondence: Representation Statement. Date of service: 02/17/2023 [12655960] [23-15183] (Enns, Krista) [Entered: 02/17/2023 01:20 PM] |
| Filing 2 Filed (ECF) notice of appearance of Michael Dominic Meuti (Benesch, Friedlander, Coplan & Aronoff LLP, 200 Public Square, Suite 2300, Cleveland, Ohio 44114) for Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer. Date of service: 02/17/2023. (Party was previously proceeding with counsel.) [12655724] [23-15183] (Meuti, Michael) [Entered: 02/17/2023 10:46 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer Mediation Questionnaire due on 02/17/2023. Appellants Camelot Venture Group, Alex Fenkell, David Katzman, Jordan Katzman, Steven Katzman, SDC Financial, LLC, SmileDirectClub, Inc., SmileDirectClub, LLC and Jeffrey Sulitzer opening brief due 04/10/2023. Appellee Align Technology, Inc. answering brief due 05/10/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12650585] (JBS) [Entered: 02/10/2023 10:09 AM] |
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