Gibson Guitar Corp. v. Ebay Inc., et al

Filing 9

Filed order (ALFRED T. GOODWIN, PAMELA ANN RYMER and SUSAN P. GRABER) These are preliminary injunction appeals. The court sua sponte consolidates appeal Nos. 10-57019, 10-57020 and 10-57022. These appeals are remanded to the district court for the limited purpose of enabling that court to state, orally or in writing, the reasons for its December 21, 2010, order granting appellee’s motion for a preliminary injunction. See Fed. R. Civ. Pro. 65(d)(1). The district court shall provide the oral or written statement within 14 days after the date of this order. Appellants’ motions for a stay of the district court’s December 21, 2010, order pending appeal are temporarily granted, pending further order of this court. Because these are preliminary injunction appeals, Ninth Circuit Rule 3-3 shall apply. 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 any proceedings in the district court that will be included in the record on appeal. The briefing schedule on the merits of the preliminary injunction appeals shall proceed as follows: the opening briefs and excerpts of record are due not later than January 19, 2011; the consolidated answering brief is due February 16, 2011, or 28 days after service of the last-filed opening brief, whichever is earlier; and the optional reply briefs are due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). Appellants are encouraged to join in a single brief to the greatest extent possible. See 9th Cir. R. 28-4. If an appellant fails to file timely its opening brief, that appellant’s appeal will be dismissed automatically by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall serve this order on the district judge. [7591434] [10-57019, 10-57020, 10-57022] (KKW)

G i b s o n Guitar Corp. v. Ebay Inc., et al

Doc. 9

F IL E D
U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT G I B S O N GUITAR CORP., a Delaware c o r p o r a tio n , Plaintiff - Appellee, v. eB A Y INC., a Delaware corporation, Defendant - Appellant, an d W O W W E E USA, INC., a California co rp o ratio n ; et al., Defendants. ORDER N o . 10-57019 D .C . No. 2:10-cv-08884-RGK C en tral District of California, Los Angeles
DEC 23 2010
MOLLY C. DWYER, CLERK
U . S . C O U R T OF APPE A L S

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G I B S O N GUITAR CORP., a Delaware c o r p o r a tio n , Plaintiff - Appellee, v. W O W W E E USA, INC., a California co rp o ratio n ; et al., Defendants - Appellants, an d W A L - M A R T STORES, INC., a Delaware co rp o ratio n ; et al., Defendants.

N o . 10-57020 D .C . No. 2:10-cv-08884-RGK C en tral District of California, Los Angeles

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G I B S O N GUITAR CORP., a Delaware c o r p o r a tio n , Plaintiff - Appellee, v. W A L - M A R T STORES, INC., a Delaware c o r p o r a tio n , Defendant - Appellant, an d W O W W E E USA, INC., a California co rp o ratio n ; et al., Defendants.

N o . 10-57022 D .C . No. 2:10-cv-08884-RGK C en tral District of California, Los Angeles

B efo re: GOODWIN, RYMER, and GRABER, Circuit Judges. T h ese are preliminary injunction appeals. T h e court sua sponte consolidates appeal Nos. 10-57019, 10-57020 and 1 0 -5 7 0 2 2 . These appeals are remanded to the district court for the limited purpose of en ab lin g that court to state, orally or in writing, the reasons for its December 21, 2 0 1 0 , order granting appellee's motion for a preliminary injunction. See Fed. R. C iv . Pro. 65(d)(1). T h e district court shall provide the oral or written statement within 14 days after the date of this order.
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A p p ellan ts' motions for a stay of the district court's December 21, 2010, o rd er pending appeal are temporarily granted, pending further order of this court. Because these are preliminary injunction appeals, Ninth Circuit Rule 3-3 sh all apply. If they have not already done so, within 7 calendar days after the filing d a te of this order, the parties shall make arrangements to obtain from the court rep o rter an official transcript of any proceedings in the district court that will be in clu d ed in the record on appeal. The briefing schedule on the merits of the preliminary injunction appeals s h a ll proceed as follows: the opening briefs and excerpts of record are due not later th an January 19, 2011; the consolidated answering brief is due February 16, 2011, o r 28 days after service of the last-filed opening brief, whichever is earlier; and the o p tio n al reply briefs are due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). Appellants are encouraged to join in a single brief to the greatest extent p o ssib le. See 9th Cir. R. 28-4. I f an appellant fails to file timely its opening brief, that appellant's appeal w ill be dismissed automatically by the Clerk for failure to prosecute. See 9th Cir. R . 42-1. T h e Clerk shall serve this order on the district judge.

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