Appeals Docket as of 12/2/09

06/18/2007 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. CADS SENT (Y/N): N. setting schedule as follows: appellant's designation of RT is due 6/25/07, ; appellee's designation of RT is due 7/5/07,, ; appellant shall order transcript by 7/16/07, ; court reporter shall file transcript in DC by 8/15/07; certificate of record shall be filed by 8/22/07 ; appellant's opening brief is due 10/1/07, ; appellees' brief is due 10/31/07,, ; appellants' reply brief is due w/in 14 days of svc of aple's brief. [07-35487] (KM)

06/18/2007 3 Filed attorney for Appellant Civil Appeals Docketing Statement served on 6/15/07 (to CONFATT) [07-35487] [07-35487] (KM)

06/19/2007 4 Filed order CONFATT ( LW) Case referred to Confatt for assessment conference only. Conference to be on 8/2/07 at 4:00 pm, PT. By telephone (y/n): yes. The br sch pre set by the court remains in effect. [07-35487] (KM)

08/03/2007 5 Filed order CONFATT (CG) On or before 8/15/07, counsel is requested to contact the mediator to report on the status of the case. [07-35487] (SB)

08/16/2007 6 Filed order CONFATT (CG) On or before 9/12/07, counsel is requested to contact the mediator to report on the status of the case. [07-35487] (SB)

08/28/2007 7 Filed Douglas E. McKinley's motion to withdraw as counsel , extend time to file appellant's opening brief ; served on 8/27/07 PROMO. (KKW)

08/31/2007 9 Filed order (Deputy Clerk: cb) The mtn of Douglas E. McKinley and Robert J. Siegel for leave to withdraw as aplts' csl is granted. Court records shall be amended to reflect that James S. Gordon is representing himself pending any appearance by csl. the corporate aplt is reminded that it must be represented by csl. Onbefore the date the opn breif is due, the corporate aplt shall engage csl csl. Failure to secure represenation will result in dismissal of the corporate aplt's appeal. The mtn to amend briefing is granted in part. The opnb rief is due 11/1/07. The ans brief is due 12/3/07. The opt rpy brief is due 14 days after service of the ans brief. If aplts engage new csl, the clerk will entertain a request for a further reasonable extension of time to file the brief. A copy of this order shall be provided to aplts at 9804 Buckingham Drive, Pasco, WA 99301. [07-35487] (KKW)

09/04/2007 12 Filed Appellant (Prose) James S. Gordon response (UNDER SEAL) opposing his attorney' motion to withdraw as counsel of record served on 8/29/07 PROMO. [07-35487] (KKW)

10/03/2007 13 Filed original and 7 copies Appellant James S. Gordon opening brief ( Informal: yes) 5 pages ; served on 10/1/07 [07-35487] (KKW)

10/10/2007 14 Filed order CONFATT (CG) Because both sides are not represented by cnsl, this case is not selected for program. Cnsl are requested to contact the mediator should new cnsl enter an appearance for aplts. The br sch pre set by the court remains in effect. [07-35487] (KM)

11/09/2007 15 Received Amicus State of Washington's brief in 15 copies of 20 pages; deficient: late pending mtn with PROMO;served on 11/8/07 [07-35487] (KKW)

11/09/2007 16 Filed Amicus State of Washington's motion to file late the brief served on 11/8/07 PROMO. (KKW)

11/16/2007 17 Filed order (Deputy Clerk: amt) The State of WA motion to file late amicus curiae brief is granted. The amicus brief already rec;d is ordered filed. The current briefing schedule remains in effect. The corporate aplt Omni Innovations LLC only is dismissed.Corporations must be represented by licensed csl. The clerk shall remove aplt Omni Innovations LLC as a party. [07-35487] (FT)

11/16/2007 19 Filed original and 15 copies State of Washington's brief of 20 pages ;served on 11/8/07 [07-35487] (FT)

11/19/2007 20 Filed Aples' response opposing amicus motion to file late brief served on 11/16/07 nan/order of 11/16/07 [07-35487] (KKW)

12/04/2007 21 Received orig. 15 copies Virtumundo Inc, Adknowledge Inc, Scott Lynn's brief of 35 pages and 3 vol. Exc; served on 12/3/07 deficient: footnotes too small [07-35487] (KKW)

12/14/2007 22 Filed Appellant James S. Gordon emergency motion to stay served on 12/14/07 MOATT. (KKW)

12/17/2007 27 Filed notice of appearance of Timothy J. Walton for Aplt. [07-35487] (KKW)

12/17/2007 28 Received orig. 6 copies James S. Gordon's reply brief ( Informal: No ) of 10 pages; served on 12/17/07 deficient No cert. of Compliance, proof of service, no table of content, no table of authority,typeface too small.. Notified counsel. [07-35487] (KKW)

12/18/2007 23 Received Appellee Virtumundo Inc, Appellee Adknowledge Inc, Appellee Scott Lynn's satisfaction of (major) brief deficiency, by submitting corrected brief served on 12/17/07 [07-35487] (KKW)

12/18/2007 24 Filed original and 15 copies appellee Virtumundo Inc, Scott Lynn's 35 pages brief, 3 vol. Exc. ; served on 12/17/07 [07-35487] (KKW)

12/20/2007 29 Received Appellant James S. Gordon's satisfaction of (major) brief deficiency, by submitting corrected brief served on 12/20/07 [07-35487] (KKW)

12/20/2007 30 Filed original and 15 copies James S. Gordon reply brief, ( Informal: No ) 11 pages; served on 12/20/07 [07-35487] (KKW)

12/24/2007 31 Received Appellant (Prose) James S. Gordon's motion for an emergency stay ; served on 12/14/07 (Aplt is represented by csl) MOATT. [07-35487] (KKW)

12/26/2007 32 Filed Appellee Virtumundo Inc, Appellee Adknowledge Inc, Appellee Scott Lynn response opposing appellant's motion for an emergency stay served on 12/26/07 MOATT. [07-35487] (hardcopy recvd 12/28/07) (KKW)

12/31/2007 35 Filed Appellant James S. Gordon (Prose) reply to response to supporting appellant's emergency mtn ;served on 12/28/07 MOATT. [07-35487] (KKW)

01/02/2008 33 Filed Appellant James S. Gordon's motion for an emergency stay; served on
12/14/07 (aplt is represented by csl; Clerk ordered to file motion 1/2/08). [07-35487] (LA)

01/02/2008 34 Filed order (MOATT)(Diarmuid F. O'SCANNLAIN, Barry G. SILVERMAN): The Clerk shall file aplt's emergency motion for injunctive relief. Aplt's emergency motion for injunctive relief is denied without prejudice to its renewal following presentation to the district court. Cite. On 12/17/07, Timothy J. Walton enetered an appearance as counsel for aplts. Aplts are reminded that pro se filings are not permitted where the party is represented by counsel. This case is ready for calendaring. Faxed to counsel at 3:30pm., [07-35487] (LA)

02/07/2008 36 Calendar check performed [07-35487] (TH)

03/26/2008 37 Sent letter to Office of Solicitor General in accordance with FRAP 44 and 28 U.S.C. § 2403(a). (SS)

07/08/2008 38 Filed Appellant James S. Gordon, Jr. rule 60 (B) motion to vacate judgement based on fraud or misrepresentation. Served on 07/03/2008 (MT)

07/10/2008 39 Received Appellant James S. Gordon, Jr. notice regarding related cases. (MT)

08/07/2008 40 Received Appellant James S. Gordon, Jr. supplement to rule 60 (b) motion to vacate judgement based on fraud or misrepresentation; (copy in moatt) served on 08/05/2008 (MT)

08/26/2008 41 Filed order (Appellate Commissioner) The court has received appellant’s pro se motion to vacate judgment pursuant to rule 60(b). Because appellant is represented by counsel, the court will not consider the pro se filing. The Clerk shall serve a copy of the pro se motion on appellant’s counsel of record, Timothy Walton, Esq. This case is ready for calendaring. (MOATT) (KKW)

09/16/2008 42 Calendar check performed. (RG)

09/30/2008 43 Calendar materials being prepared. (AM)

10/08/2008 44 CALENDARED: 12/11/2008 9:30 AM Seattle, WA Seattle Park Pl 21st (AM)

10/23/2008 45 Filed Asis Internet Services, Joel Householter and Ritchie Phillips motion to file amicus curiae brief and to file late amicus brief which was served on 10/22/2008, served on 10/22/2008. (FEDEX TO PANEL) (LA)

10/23/2008 46 Received original and 15 copies of Amici Curiae Asis Internet Services, Joel Householter and Ritchie Phillips brief in 18 pages. Deficiency: Motion pending Served on 10/22/2008. (FEDEX TO PANEL) (LA)

10/28/2008 47 Filed clerk order (Deputy Clerk:KKW ): The motion of ASIS Internet Services, et al., to file an amicus brief and to file the brief late is GRANTED. The parties may file supplemental briefing addressing the arguments of the amicus curiae by no later than November 14, 2008. This order does not consolidate this case and any other proceeding or appeal currently pending before this court. (KKW)

10/28/2008 48 Filed original and 15 copies of Asis Internet Services, Joel Householter and Ritchie Phillips amicus brief of 18 pages. Served on 10/22/2008 (already sent to panel) (LA)

11/03/2008 49 Filed Attorney Timothy J. Walton, Esquire for Appellant James S. Gordon, Jr. motion for continuance of oral argument. Served on 10/31/2008. FAXED SEATTLE PANEL. (MT)

11/03/2008 50 Notice of Oral Argument on DECEMBER Calendar. Please return ACKNOWLEDGEMENT OF HEARING NOTICE form to: SEATTLE Office. Please open attached documents to view details about your case. (KM)

11/05/2008 51 Filed clerk order (Deputy Clerk:WL ): The oral argument on this matter is hereby rescheduled to Tuesday, December 9, 2008, at 9:30 a.m. in Seattle, Washington. The Appellant’s Motion for Continuance of Oral Argument is DENIED. (WL)

11/05/2008 52 UPDATED CASE CALENDARED: 12/09/2008 9:00 AM Seattle, WA Seattle Park Pl 21st (RG)

11/14/2008 53 Received original and 5 copies of Appellant James S. Gordon, Jr. supplemental brief, per 10/28/08 order, (Informal: No) of 13 pages + 6 page attached declaration by James S. Gordon. Served on 11/10/2008. Deficiency: Insufficient brief copies. Other deficiency: Incorrect color of covers, no table of contents, no table of authorities, brief has attached pro se declaration by represented aplt, brief has non-record documents attached as exhibits. Notified counsel. (FEDEX TO PANEL) (LA)

11/17/2008 54 Filed clerk order (Deputy Clerk:KKW ):The deadline for Appellant James S. Gordon, Jr. to file corrections to Appellant’s Deficient Supplemental Brief is hereby AMENDED. Corrections to Appellant’s Deficient Supplemental Brief must be filed no later than Friday, November 21, 2008. (KKW)

11/18/2008 55 Received original and 15 copies of Appellees' supplemental brief (Informal: No) of 21 pages, per 10/28/08 order. Deficiency: No certificate of service. Notified counsel. (FEDEX TO PANEL) (LA)

11/19/2008 56 Filed clerk order (Deputy Clerk:KKW ): The deadline for Appellees Virtumundo, Inc. et al., to file corrections to Appellees’ Deficient Supplemental Brief is hereby AMENDED. Corrections to Appellees’ Deficient Supplemental Brief must be filed no later than Friday, November 21, 2008. (KKW)

11/21/2008 57 Filed (ECF) Appellant James S. Gordon, Jr. citation of supplemental authorities. Date of service: 11/21/2008. [6716122] (TJW)

11/21/2008 58 Submitted (ECF) Supplemental brief for review. Submitted by Appellant James S. Gordon, Jr.. Date of service: 11/21/2008. [6716123] (TJW)

11/21/2008 60 Received corrected deficiency of certificate of service (brf served 11/14/08) from Appellees served on 11/19/2008. (LA)

11/21/2008 61 Filed original and 15 copies of Appellees' (Informal: No) supplemental brief of 21 pages. Served on 11/14/2008. (already fedexed to panel) (LA)

11/24/2008 59 Supplemental Brief [6716123-2] will not be filed because of deficiencies (no certificate of service, footnotes too small). Within 5 working days of the filing of this order, filer shall submit a new brief via ECF curing the deficiencies. If a motion was filed with the brief, the motion should be filed again with the submission of the new brief. The previously established briefing schedule remains in effect. [6716286] (LA)

11/25/2008 62 Received appearance notice of Attorney(s) Michael R. Geroe for party(s) Virtumundo Inc Appellee Adknowledge Inc John Does Scott Lynn, in case 07-35487. (MT)

11/28/2008 63 Submitted (ECF) Supplemental brief for review. Submitted by Appellant James S. Gordon, Jr.. Date of service: 11/25/2008. [6722207] (TJW)

11/28/2008 64 Submitted (ECF) Supplemental brief for review. Submitted by Appellant James S. Gordon, Jr.. Date of service: 11/25/2008. [6722210] (TJW)

12/01/2008 65 Electronically-filed document [6722207-2] Brief Submitted for Review (ECF Filing) is stricken because there is an error in the document (duplicative). (LA)

12/01/2008 66 Filed Supplemental Brief [6722210-2] filed by James S. Gordon, Jr. in 07-35487. Within 5 working days of the filing of this order, filer is ordered to file 10 copies of the brief in paper format, with a Tan cover, accompanied by certification that the brief is identical to the version submitted electronically. (LA)

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