Ligeri v. YouTube, et al

Filing 1

CIVIL CASE docketed. Notice of appeal (doc. #21) filed by Appellant Benjamin Ligeri. Opening forms sent. Transcript Report/Order form due 02/10/2009. Fee due 02/10/2009. [09-1071] (MH)

United States Court of Appeals
For the First Circuit
No. 09-1071
BENJAMIN LIGERI
Plaintiff - Appellant
v.
YOUTUBE, LLC; GOOGLE, INC.
YOUTUBE, INC.; YOUTUBE TEAM,
Employees and Agents of YouTube, Inc. and/or Google, Inc.;
YOUTUBE PARTNER SUPPORT TEAM,
Employees and Agents of YouTube, Inc. and/or Google, Inc.;
EMPLOYEES AND AGENTS, of Youtube, Inc and Google, Inc.
involved in the allegations set forth in this Complaint;
HARRY LNU, personally and in his capacity as employee
or agent of YouTube, Inc. and/or Google, Inc.;
HEATHER LNU, personally, and in her capacity as employee
or agent of YouTub, Inc and/or Google, Inc.;
WYNSTON LNU, personally, and in his capacity as employee
or agent of YouTube, Inc. and/or Google, Inc.;
KAVITHA LNU, personally, and in her capacity as employee
or agent of YouTube, Inc. and/or Google, Inc;
EVELYN LNU, personally, and in her capacity as employee
or agent of YouTube, Inc. and/or Google, Inc.
Defendants - Appellees

CASE OPENING NOTICE
Issued: January 27, 2009

The above-captioned appeal was docketed in this court today pursuant to Rule 12 of the
Federal Rules of Appellate Procedure. The above case number and caption should be used on all
papers subsequently submitted to this court. If any party disagrees with the clerk’s office’s
designation of the parties on appeal, it must file a motion to amend the caption with any
supporting documentation attached. Absent an order granting such a motion, the parties are
directed to use the above caption on all pleadings related to this case.
Appellant must complete and return the following forms to the clerk’s office by
February 10, 2009 to be deemed timely filed:

•

Transcript Report/Order Form (Please carefully read the instructions for
completing and filing this form.)
These forms are available on the court’s website at www.ca1.uscourts.gov, under “Forms
& Notices.” Failure to comply with the deadlines set by the court may result in dismissal of the
appeal for lack of diligent prosecution. See 1st Cir. R. 3.0, 10.0, and 45.0.
If less than the entire transcript is ordered, appellant must file and serve on all other
parties a statement of the issues in accordance with Fed. R. App. P. 10(a)(3)(A). In addition, if
the parties are unable to agree as to the contents of the joint appendix, appellant must file and
serve a statement of the issues and designation of the contents of the appendix. Fed. R. App. P.
30(b)(1); 1st Cir. R. 30.0(b). Upon confirmation by the circuit clerk that the record is complete
either because no hearing was held, no transcript is necessary, or the transcript is on file, the
clerk’s office will set the briefing schedule and forward a scheduling notice to the parties.
Within seven days of filing the notice of appeal, appellant must pay the filing fee to the
district court clerk. An indigent appellant who seeks to appeal in forma pauperis must file a
motion and financial affidavit in the district court in compliance with Fed. R. App. P. 24. Unless
this court is provided with notice of paying the filing fee to the clerk of the district court or filing
a motion seeking in forma pauperis status within fourteen days of the date of this notice, this
appeal may be dismissed for lack of prosecution. 1st Cir. R. 3.0(b).
An appearance form should be completed and returned immediately by any attorney who
wishes to file pleadings in this court. 1st Cir. R. 12.0(a) and 46.0(a)(2). Pro se parties are not
required to file an appearance form. Any attorney who has not been admitted to practice before
the First Circuit Court of Appeals must submit an application and fee for admission with the
appearance form. 1st Cir. R. 46.0(a)(2).
Dockets, opinions, rules, forms, attorney admission applications, the court calendar and
general notices can be obtained from the court’s website at www.ca1.uscourts.gov. Your
attention is called specifically to the notices listed below:
•
•
•

Notice to Counsel and Pro Se Litigants
Transcript Notice
Notice Regarding Registration for Electronic Noticing
[http://www.ca1.uscourts.gov/files/notices/ElectronicNoticingRegNotice.pdf]
If you wish to inquire about your case by telephone, please contact the case manager at
the direct extension listed below.

Richard Cushing Donovan , Clerk

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

John Joseph Moakley
United States Courthouse
1 Courthouse Way, Suite 2500
Boston, MA 02210
[phone]

United States Court of Appeals
For the First Circuit
NOTICE OF ELECTRONIC AVAILABILITY OF CASE INFORMATION
The First Circuit has implemented the Case Management portion of the Federal
Judiciary’s Case Management/Electronic Case Files (“CM/ECF”) computer system. As of
March 31, 2008, any new court generated document (e.g., notices, orders, opinions, and
judgments) will be attached to the docket. The court has not yet put into place that part of
CM/ECF which allows attorneys to file documents electronically. However, the court will soon
begin attaching public briefs and petitions for rehearing/rehearing en banc to the docket. The
court may also attach other filings. Therefore, parties should not include in their public filings
information that is too private or sensitive to be posted on the internet. In immigration and social
security cases, the Court’s docket, orders, and opinions are available via remote electronic
access but party filings are not remotely available to the general public.
Specifically, recent amendments to Fed. R. App. P. 25, and new Fed. R. Bank. P. 9037,
ed. R. Civ. P. 5.2 and Fed. R. Cr. P. 49.1 require that parties not include, or partially redact
where inclusion is necessary, the following personal data identifiers from documents filed with
the court unless an exemption applies:
•

Social Security or Taxpayer Identification Numbers. If an individual’s social
security or taxpayer identification number must be included, only the last four digits of
that number should be used.
•
Names of Minor Children. If the involvement of a minor child must be
mentioned, only the initials of that child should be used.
•
Dates of Birth. If an individual’s date of birth must be included, only the year
should be used.
•
Financial Account Numbers. If financial account numbers are relevant, only the
last four digits of these numbers should be used.
•
Home Addresses in Criminal Cases. If a home address must be included, only
the city and state should be listed.
If the caption of the case contains any of the personal data identifiers listed above, the
parties should file a motion to amend caption to redact the identifier.
Parties should exercise caution in including other sensitive personal data in their filings,
such as personal identifying numbers, medical records, employment history, individual financial
information, proprietary or trade secret information, information regarding an individual’s
cooperation with the government, information regarding the victim of any criminal activity,
national security information, and sensitive security information as described in 49 U.S.C. §
114.
Attorneys are urged to share this notice with their clients so that an informed decision

can be made about inclusion of sensitive information. The clerk will not review filings for
redaction. For further information, including a list of exemptions from the redaction
requirement, see http://www.privacy.uscourts.gov/.

cc:
Michael A. Berta
Jill Brenner Meixel
James B. Conroy
Peter E. Gelhaar
Benjamin Ligeri