Authenticom, Inc. v. CDK Global, LLC et al

Filing 198

Transmission of Notice of Appeal, Docketing Statement, Preliminary Injunction and Docket Sheet to Seventh Circuit Court of Appeals re: 194 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Preliminary Injunction, # 3 Docket Sheet) (lak)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN Authenticom, Inc., Plaintiff, Case No. 17-cv-318 vs. Hon. James D. Peterson CDK Global, LLC; and The Reynolds and Reynolds Company, Defendants. DEFENDANT-APPELLANT CDK GLOBAL, LLC’S SEVENTH CIRCUIT RULE 3(c) DOCKETING STATEMENT Pursuant to Seventh Circuit Rules 3(c) and 28(a), Defendant-Appellant CDK Global, LLC hereby files its required docketing statement: 1. The district court had subject matter jurisdiction in the above-captioned case pursuant to 28 U.S.C. § 1331, based on federal questions arising under the Sherman Act, 15 U.S.C. § 1 et seq. The district court had supplemental jurisdiction over plaintiff’s claim for tortious interference with contract under Wisconsin law pursuant to 28 U.S.C. § 1367. 2. The order appealed from is an interlocutory order of the district court entering a preliminary injunction. The Court of Appeals accordingly has jurisdiction over the appeal pursuant to 28 U.S.C. § 1292(a)(1), which provides that “the courts of appeals shall have jurisdiction of appeals from . . . [i]nterlocutory orders of the district courts of the United States . . . granting, continuing, modifying, refusing or dissolving injunctions.” 3. The district court entered the preliminary injunction on July 28, 2017. The notice of appeal was timely filed on July 28, 2017. 5. There have been no prior appellate proceedings in this case or in related cases. 1 Dated: July 28, 2017 Respectfully submitted, /s/ Mark W. Ryan MARK W. RYAN MICHAEL B. KIMBERLY MATTHEW A. WARING Mayer Brown LLP 1999 K Street NW Washington, D.C. 20006 (202) 263-3000 BRITT M. MILLER MATTHEW D. PROVANCE Mayer Brown LLP 71 S Wacker Drive Chicago, IL 60606 (312) 782-0600 JEFFREY A. SIMMONS JOSEPH S. HARPER Foley & Lardner LLP 150 East Gilman Street P.O. Box 1497 Madison, WI 53701-1497 (608) 257-5035 Counsel for Defendant CDK Global, LLC 2 CERTIFICATE OF SERVICE I certify that I electronically filed the foregoing Docketing Statement using the CM/ECF system on July 28, 2017. I further certify that all participants in this case are registered CM/ECF users and that service will be accomplished via CM/ECF. /s/ Mark W. Ryan 3

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