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)

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.

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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
[phone]
BRITT M. MILLER
MATTHEW D. PROVANCE
Mayer Brown LLP
71 S Wacker Drive
Chicago, IL 60606
[phone]
JEFFREY A. SIMMONS
JOSEPH S. HARPER
Foley & Lardner LLP
150 East Gilman Street
P.O. Box 1497
Madison, WI 53701-1497
[phone]
Counsel for Defendant
CDK Global, LLC

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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

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