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

Filing 199

Transmission of Notice of Appeal, Docketing Statement, Opinion and Order, Opinion, Preliminary Injunction and Docket Sheet to Seventh Circuit Court of Appeals re: 196 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order, #172, # 3 Opinion, #191, # 4 Preliminary Injunction, # 5 Docket Sheet) (lak)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
AUTHENTICOM, INC.,

No. 3:17-CV-318-JDP

Plaintiffs,
v.
CDK GLOBAL, LLC, and THE REYNOLDS
AND REYNOLDS COMPANY,
Defendants.
DOCKETING STATEMENT
Defendant-Appellant The Reynolds and Reynolds Company (“Reynolds”) submits this
Docketing Statement pursuant to Seventh Circuit Rules 3(c)(1) and 28(a):
1.

District Court Jurisdiction

Authenticom filed this case on May 1, 2017 in the United States District Court for the
Western District of Wisconsin. The Complaint sought: (1) declaratory relief; (2) preliminary and
permanent injunctions; and (3) damages for violations of Section 1 of the Sherman Act, 15
U.S.C. § 1, Section 2 of the Sherman Act, 15 U.S.C. § 2, Section 4 of the Clayton Act, 15
U.S.C. § 15, and alleged tortious interference with contract under Wisconsin common law. The
district court had original federal question jurisdiction over the Sherman Act claims under 28
U.S.C. § 1331 and supplemental jurisdiction over the tortious interference claim under 28
U.S.C. § 1367(a).

2.

Court of Appeals’ Jurisdiction.

The United States Court of Appeals for the Seventh Circuit has jurisdiction over this
appeal from entry of a mandatory preliminary injunction by the United States District Court for
the Western District of Wisconsin under 28 U.S.C. § 1292(a)(1).
a)

On July 28, 2017, the United States District Court for the Western District of
Wisconsin entered a mandatory preliminary injunction against defendants.
Previously on July 14, 2017, the district court had entered an Opinion & Order
granting the motion for a preliminary injunction, but not imposing the injunction
itself.

b)

No motion affecting the time to appeal was filed.

c)

Reynolds’ notice of appeal was filed on July 28, 2017.

d)

This case is not a direct appeal from the decision of a magistrate judge.

3.

This is an appeal from an interlocutory order granting a preliminary injunction.

The other claims remain pending in the district court. The Seventh Circuit has jurisdiction to
review the order on appeal under 28 U.S.C. § 1292(a)(1).
4.

No prior or related appellate proceedings have been filed or are pending in the

Seventh Circuit.

-2-

Respectfully submitted,
THE REYNOLDS AND REYNOLDS COMPANY

John S. Skilton
[e-mail]
Charles G. Curtis, Jr.
[e-mail]
Michelle M. Umberger
[e-mail]
Brandon M. Lewis
[e-mail]
PERKINS COIE LLP
One East Main Street, Suite 201
Madison, WI 53703
Telephone: [phone]
Facsimile: 608-663-7499
Kathleen A. Stetsko
[e-mail]
PERKINS COIE LLP
131 South Dearborn St., Suite 1700
Chicago, IL 60603
Telephone: [phone]
Facsimile: 312-324-9400

By: /s/ Aundrea K. Gulley
Kathy Patrick
[e-mail]
Aundrea K. Gulley
[e-mail]
Brian T. Ross
[e-mail]
Brice A. Wilkinson
[e-mail]
Ross M. MacDonald
[e-mail]
GIBBS & BRUNS, LLP
1100 Louisiana, Suite 5300
Houston, Texas 77002
Telephone: [phone]
Facsimile: 713-750-0903
Michael P.A. Cohen
[e-mail]
Amar S. Naik
[e-mail]
SHEPPARD MULLIN RICHTER & HAMPTON
LLP
Suite 100
2099 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
Telephone: [phone]
Facsimile: 202-747-1901
Attorneys for The Reynolds and Reynolds Company

-3-

CERTIFICATE OF SERVICE
I, Aundrea K. Gulley, certify that on July 28, 2017, I electronically filed the foregoing
DOCKETING STATEMENT with the Clerk of the Court using the CM/ECF system, which will
send notification of such filing to attorneys of record.
I certify under penalty of perjury that the foregoing is true and correct.

DATED this 28th day of July, 2017.

/s/
Aundrea K. Gulley
GIBBS & BRUNS, LLP
1100 Louisiana, Suite 5300
Houston, Texas 77002
Telephone: [phone]
Facsimile: 713-750-0903