City Beverages, LLC v. Crown Imports, LLC, et al
Plaintiff / Appellee: CITY BEVERAGES, LLC, a Missouri limited liability company with its principal place of business in Washington, DBA Olympic Eagle Distributing
Defendant / Appellant: CROWN IMPORTS, LLC, a Delaware corporation with its principal place of business in Illinois, DBA Constellation Brands Beer Division and CONSTELLATION BRANDS, INC., a Delaware corporation with its principal place of business in New York
Amicus Curiae: NATIONAL BEER WHOLESALERS ASSOCIATION and CALIFORNIA FAMILY BEER DISTRIBUTORS
Case Number: 23-35010
Filed: January 5, 2023
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Franchise

Opinions

We have the following opinions for this case:

Date Filed Description
July 20, 2023 CITY BEVERAGES, LLC V. CROWN IMPORTS, LLC, ET AL

Docket Report

This docket was last retrieved on April 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2023 Filing 36 Received 6 paper copies of Reply Brief [ # 34 ] filed by Constellation Brands, Inc. and Crown Imports, LLC. [12694382] (NAR) [Entered: 04/12/2023 02:38 PM]
April 6, 2023 Filing 35 Filed clerk order: The reply brief [ # 34 ] submitted by Constellation Brands, Inc. and Crown Imports, LLC 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. [12690520] (LA) [Entered: 04/06/2023 01:25 PM]
April 5, 2023 Filing 34 Submitted (ECF) Reply Brief for review. Submitted by Appellants Constellation Brands, Inc. and Crown Imports, LLC. Date of service: 04/05/2023. [12690051] [23-35010] (Solomon, Rebecca) [Entered: 04/05/2023 05:02 PM]
March 27, 2023 Filing 33 Received 6 paper copies of Amicus Brief [ # 29 ] filed by California Family Beer Distributors. [12682815] (SD) [Entered: 03/27/2023 03:23 PM]
March 23, 2023 Filing 32 Filed clerk order: The amicus brief [ # 29 ] submitted by California Family Beer Distributors 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. [12680738] (LA) [Entered: 03/23/2023 03:15 PM]
March 23, 2023 Filing 31 Entered appearance of Amicus Curiae California Family Beer Distributors. [12680736] (LA) [Entered: 03/23/2023 03:15 PM]
March 23, 2023 Filing 30 Received 6 paper copies of Amicus Brief [ # 24 ] filed by National Beer Wholesalers Association. [12680426] (NAR) [Entered: 03/23/2023 11:56 AM]
March 22, 2023 Filing 29 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by California Family Beer Distributors. Date of service: 03/22/2023. [12679980] [23-35010] (Slater, Mark) [Entered: 03/22/2023 05:40 PM]
March 21, 2023 Filing 28 Added Attorney Christopher William Bowman for Amicus Curiae National Beer Wholesalers Association, in case 23-35010. [12678183] (HH) [Entered: 03/21/2023 09:23 AM]
March 21, 2023 Filing 27 Filed (ECF) notice of appearance of Christopher W. Bowman (Madigan, Dahl & Harlan, P.A., 33 South Sixth Street, Suite 3675, Minneapolis MN 55434) for Amicus Curiae National Beer Wholesalers Association. Date of service: 03/21/2023. (Party was previously proceeding with counsel.) [12678112] [23-35010] (Bowman, Christopher) [Entered: 03/21/2023 08:02 AM]
March 20, 2023 Filing 26 Filed clerk order: The amicus brief [ # 24 ] submitted by National Beer Wholesalers Association 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. [12677851] (LA) [Entered: 03/20/2023 04:12 PM]
March 20, 2023 Filing 25 Entered appearance of Amicus Curiae National Beer Wholesalers Association. [12677848] (LA) [Entered: 03/20/2023 04:11 PM]
March 20, 2023 Filing 24 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Beer Wholesalers Association. Date of service: 03/20/2023. [12677509] [23-35010] (Madigan, Michael) [Entered: 03/20/2023 01:37 PM]
March 20, 2023 Filing 23 Received 6 paper copies of Answering Brief [ # 21 ] filed by City Beverages, LLC. [12677268] (NAR) [Entered: 03/20/2023 11:18 AM]
March 16, 2023 Filing 22 Filed clerk order: The answering brief [ # 21 ] submitted by City Beverages, LLC is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [12675256] (KT) [Entered: 03/16/2023 09:46 AM]
March 15, 2023 Filing 21 Submitted (ECF) Answering Brief for review. Submitted by Appellee City Beverages, LLC. Date of service: 03/15/2023. [12674939] [23-35010] (Vaska, Michael) [Entered: 03/15/2023 04:17 PM]
February 22, 2023 Filing 20 Filed clerk order (Deputy Clerk: AC): The motion for an extension of time to file the answering brief (Docket Entry No. [ # 15 ]) is granted in part. The answering brief is due March 15, 2023. The optional reply brief remains due within 21 days after service of the answering brief. [12658903] (AF) [Entered: 02/22/2023 02:02 PM]
February 17, 2023 Filing 19 Filed (ECF) Appellee City Beverages, LLC reply to response (motion to extend time to file brief, ). Date of service: 02/17/2023. [12656447] [23-35010] (Vaska, Michael) [Entered: 02/17/2023 04:16 PM]
February 14, 2023 Filing 18 Filed (ECF) Appellants Constellation Brands, Inc. and Crown Imports, LLC response opposing motion ([ # 15 ] Motion (ECF Filing), [ # 15 ] Motion (ECF Filing)). Date of service: 02/14/2023. [12653200] [23-35010] (Solomon, Rebecca) [Entered: 02/14/2023 03:45 PM]
February 10, 2023 Filing 17 Added Attorney(s) Kaleigh Boyd for party(s) Appellant Constellation Brands, Inc.. [12651202] (RL) [Entered: 02/10/2023 04:20 PM]
February 10, 2023 Filing 16 Filed (ECF) notice of appearance of Kaleigh Nicole Boyd (Tousley Brain Stephens PLLC) for Appellants Constellation Brands, Inc. and Crown Imports, LLC. Date of service: 02/10/2023. (Party was previously proceeding with counsel.) [12651194] [23-35010] (Boyd, Kaleigh) [Entered: 02/10/2023 04:12 PM]
February 10, 2023 Filing 15 Filed (ECF) Appellee City Beverages, LLC Motion to extend time to file Answering brief until 03/22/2023. Date of service: 02/10/2023. [12651138] [23-35010] (Vaska, Michael) [Entered: 02/10/2023 03:44 PM]
February 7, 2023 Filing 14 Received 6 paper copies of Opening Brief [ # 7 ] filed by Constellation Brands, Inc. and Crown Imports, LLC. [12648242] (SD) [Entered: 02/07/2023 02:26 PM]
February 7, 2023 Filing 13 Received 3 paper copies of excerpts of record [ # 8 ] in 4 volume(s) and index volume filed by Appellants Constellation Brands, Inc. and Crown Imports, LLC. [12648240] (SD) [Entered: 02/07/2023 02:25 PM]
February 2, 2023 Filing 12 Added Attorney(s) Angelo J. Marchesini for party(s) Appellee City Beverages, LLC, in case 23-35010. [12644951] (NAC) [Entered: 02/02/2023 01:28 PM]
February 2, 2023 Filing 11 Filed (ECF) notice of appearance of Angelo J. Marchesini (Foster Garvey PC, 1111 Third Avenue, Suite 3000, Seattle, WA 98101) for Appellee City Beverages, LLC. Date of service: 02/02/2023. (Party was previously proceeding with counsel.) [12644947] [23-35010] (Marchesini, Angelo) [Entered: 02/02/2023 01:26 PM]
February 2, 2023 Filing 10 Filed clerk order: The opening brief [ # 7 ] submitted by Constellation Brands, Inc. and Crown Imports, LLC 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 [ # 8 ] submitted by Constellation Brands, Inc. and Crown Imports, LLC 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. [12644707] (LA) [Entered: 02/02/2023 10:46 AM]
February 1, 2023 Filing 9 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 7 ]. Original Text: Submitted (ECF) Opening Brief for review. Submitted by Appellants Constellation Brands, Inc. and Crown Imports, LLC. Date of service: 02/01/2023. [12644419] [23-35010] (Solomon, Rebecca) [Entered: 02/01/2023 05:09 PM]
February 1, 2023 Filing 8 Submitted (ECF) excerpts of record. Submitted by Appellants Constellation Brands, Inc. and Crown Imports, LLC. Date of service: 02/01/2023. [12644405] [23-35010] (Solomon, Rebecca) [Entered: 02/01/2023 04:57 PM]
February 1, 2023 Filing 7 Submitted (ECF) Opening Brief for review. Submitted by Appellants Crown Imports, LLC and Constellation Brands, Inc.. Date of service: 02/01/2023. [12644387] [23-35010]--[COURT UPDATE: Attached addendum. 02/02/2023 by LA] (Solomon, Rebecca) [Entered: 02/01/2023 04:41 PM]
January 19, 2023 Filing 6 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12633569] (VS) [Entered: 01/19/2023 09:30 AM]
January 11, 2023 Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 01/19/2023, 09:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12628742] (BLS) [Entered: 01/11/2023 04:35 PM]
January 9, 2023 Filing 4 The Mediation Questionnaire for this case was filed on 01/09/2023. 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.[12626510]. [23-35010] (AD) [Entered: 01/09/2023 07:01 PM]
January 9, 2023 Filing 3 Filed (ECF) Appellants Constellation Brands, Inc. and Crown Imports, LLC Mediation Questionnaire. Date of service: 01/09/2023. [12626349] [23-35010] (Brain, Christopher) [Entered: 01/09/2023 03:55 PM]
January 6, 2023 Filing 2 Filed clerk order (Deputy Clerk: SH): The appeal filed January 4, 2023 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due no later than February 1, 2023; the answering brief is due March 1, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12624935] (AF) [Entered: 01/06/2023 02:28 PM]
January 5, 2023 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [12624237] (JBS) [Entered: 01/05/2023 04:49 PM]

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Search for this case: City Beverages, LLC v. Crown Imports, LLC, et al
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Plaintiff / appellee: CITY BEVERAGES, LLC, a Missouri limited liability company with its principal place of business in Washington, DBA Olympic Eagle Distributing
Represented By: Benjamin James Hodges Esquire
Represented By: Thomas F. Ahearne
Represented By: Bianca G. Chamusco
Represented By: Michael K. Vaska
Represented By: Angelo J. Marchesini
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Defendant / appellant: CROWN IMPORTS, LLC, a Delaware corporation with its principal place of business in Illinois, DBA Constellation Brands Beer Division
Represented By: Christopher I. Brain
Represented By: Rebecca Solomon
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Defendant / appellant: CONSTELLATION BRANDS, INC., a Delaware corporation with its principal place of business in New York
Represented By: Rebecca Solomon
Represented By: Christopher I. Brain
Represented By: Kaleigh Boyd
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Amicus curiae: NATIONAL BEER WHOLESALERS ASSOCIATION
Represented By: Christopher William Bowman
Represented By: Michael Madigan
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Amicus curiae: CALIFORNIA FAMILY BEER DISTRIBUTORS
Represented By: Mark Kenneth Slater
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