22-2413
08/09/2022
Pending - Other Pending
Other
HYTERA AMERICA, INC.
HYTERA COMMUNICATIONS AMERICA (WEST), INC.
MOTOROLA SOLUTIONS, INC.
MOTOROLA SOLUTIONS MALAYSIA SDN. BHD.
HYTERA COMMUNICATIONS CORPORATION LTD.
Boyd Cloern
Attorney at STEPTOE & JOHNSON LLP
1330 Connecticut Avenue N.W.
Washington, DC 20036-0000
Adam R. Alper
Attorney at KIRKLAND & ELLIS LLP
555 California Street
San Francisco, CA 94104
John C. O'Quinn
Attorney at KIRKLAND & ELLIS LLP
1301 Pennsylvania Avenue N.W.
Washington, DC 20004
Civil Case
Attorney / Party Notice of Docketing
Notice to District Court
(#6) ORDER: The court, on its own motion, orders that these appeals are CONSOLIDATED for purposes of briefing and disposition. The briefing schedule is as follows: The defendant shall file its opening brief and required short appendix in the main appeal docketed in 22-2370 on or before September 12, 2022. The plaintiffs shall file their combined responsive brief in the main appeal and opening brief and appendix in the cross-appeal docketed in 22-2413 on or before October 12, 2022. The defendant shall file its combined reply brief, if any, in the main appeal and responsive brief in the cross-appeal on or before November 14, 2022. The plaintiffs shall file their reply brief, if any, in the cross-appeal on or before December 5, 2022. DW [6] [7254950] [22-2370, 22-2413] (CG) [Entered: 08/16/2022 03:06 PM]
(#8) Motion filed by Appellant Hytera Communications Corporation Ltd. in 22-2370 to extend time to file appellant brief. [8] [7258443] [22-2370, 22-2413] (Cloern, Boyd) [Entered: 09/02/2022 01:51 PM]
(#9) Order issued GRANTING motion to extend time to file appellant's brief on main appeal. [ # 8 ] Main appeal brief due on or before 11/14/2022 for Hytera Communications Corporation Ltd.. Appellee Cross-Appellant brief due on or before 12/14/2022 for Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc.. Appellant Reply Cross-Appellee brief due by 01/13/2023 for Appellant Hytera Communications Corporation Ltd.. Reply Brief in Cross Appeal due by 02/03/2023 for Appellants Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc. SCR [9] [7258702] [22-2370, 22-2413] (HTP) [Entered: 09/06/2022 02:41 PM]
(#2) Added Attorney(s) John C. O'Quinn for party(s) Appellant Motorola Solutions, Inc. Appellant Motorola Solutions Malaysia SDN. BHD., in case 22-2413 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John C. O'Quinn, Adam R. Alper, Michael W. De Vries, Jason M. Wilcox for Appellants Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc.. [2] [7254507] (L-Yes; E-Yes; R-No) [22-2413]--[Edited 08/15/2022 by AD to reflect the addition of counsel.] (O'Quinn, John) [Entered: 08/12/2022 06:51 PM]
(#3) Docketing Statement filed by Appellants Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc.. Prior or Related proceedings: Yes. 21-3054, 22-1114, 22-1118, 22-1839, 22-1919, 22-2370 [3] [7254508] [22-2413] (Alper, Adam) [Entered: 08/12/2022 07:12 PM]
(#4) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Boyd Cloern for Appellee Hytera Communications Corporation Ltd.. [4] [7254884] (L-Yes; E-Yes; R-No) [22-2413] (Cloern, Boyd) [Entered: 08/16/2022 12:52 PM]
(#5) ORDER: In the present case, plaintiffs rely, in part, on diversity of citizenship for federal jurisdiction. However, appellants Circuit Rule 3(c) docketing statement fails to provide sufficient information as to the business structure of plaintiffs Motorola Solutions Malaysia Sdn. Bhd. and Hytera Communications Corporation Ltd. as business entities created under the laws of Malaysia and the Republic of China, respectively. Particular attention is given to foreign corporations in diversity cases. We have said that parties cannot assume that foreign business entities enjoy the same corporate status as the United States understands it. See White Pearl Inversiones S.A. (Uruguay) v. Cemusa, Inc., 647 F3d 684, 686 (7th Cir. 2011). Therefore, appellants must provide more detail in their Jurisdictional Statement as to the business structure of plaintiffs Motorola Solutions Malaysia Sdn. Bhd. and Hytera Communications Corporation Ltd. under the laws of the nation of their creation. Accordingly, appellants shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before August 23, 2022. DW [5] [7254940] [22-2413] (AD) [Entered: 08/16/2022 02:52 PM]
(#7) Amended Docketing Statement filed by Appellants Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc.. Prior or Related proceedings: Yes. 21-3054, 22-1114, 22-1118, 22-1839, 22-1919, 22-2370 [7] [7256303] [22-2413] (O'Quinn, John) [Entered: 08/23/2022 04:30 PM]
Docket(#9) Order issued GRANTING motion to extend time to file appellant's brief on main appeal. [ # 8 ] Main appeal brief due on or before 11/14/2022 for Hytera Communications Corporation Ltd.. Appellee Cross-Appellant brief due on or before 12/14/2022 for Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc.. Appellant Reply Cross-Appellee brief due by 01/13/2023 for Appellant Hytera Communications Corporation Ltd.. Reply Brief in Cross Appeal due by 02/03/2023 for Appellants Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc. SCR [9] [7258702] [22-2370, 22-2413] (HTP) [Entered: 09/06/2022 02:41 PM]
[-] Read LessDocket(#8) Motion filed by Appellant Hytera Communications Corporation Ltd. in 22-2370 to extend time to file appellant brief. [8] [7258443] [22-2370, 22-2413] (Cloern, Boyd) [Entered: 09/02/2022 01:51 PM]
[-] Read LessDocket(#7) Amended Docketing Statement filed by Appellants Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc.. Prior or Related proceedings: Yes. 21-3054, 22-1114, 22-1118, 22-1839, 22-1919, 22-2370 [7] [7256303] [22-2413] (O'Quinn, John) [Entered: 08/23/2022 04:30 PM]
[-] Read LessDocket(#6) ORDER: The court, on its own motion, orders that these appeals are CONSOLIDATED for purposes of briefing and disposition. The briefing schedule is as follows: The defendant shall file its opening brief and required short appendix in the main appeal docketed in 22-2370 on or before September 12, 2022. The plaintiffs shall file their combined responsive brief in the main appeal and opening brief and appendix in the cross-appeal docketed in 22-2413 on or before October 12, 2022. The defendant shall file its combined reply brief, if any, in the main appeal and responsive brief in the cross-appeal on or before November 14, 2022. The plaintiffs shall file their reply brief, if any, in the cross-appeal on or before December 5, 2022. DW [6] [7254950] [22-2370, 22-2413] (CG) [Entered: 08/16/2022 03:06 PM]
[-] Read LessDocket(#5) ORDER: In the present case, plaintiffs rely, in part, on diversity of citizenship for federal jurisdiction. However, appellants Circuit Rule 3(c) docketing statement fails to provide sufficient information as to the business structure of plaintiffs Motorola Solutions Malaysia Sdn. Bhd. and Hytera Communications Corporation Ltd. as business entities created under the laws of Malaysia and the Republic of China, respectively. Particular attention is given to foreign corporations in diversity cases. We have said that parties cannot assume that foreign business entities enjoy the same corporate status as the United States understands it. See White Pearl Inversiones S.A. (Uruguay) v. Cemusa, Inc., 647 F3d 684, 686 (7th Cir. 2011). Therefore, appellants must provide more detail in their Jurisdictional Statement as to the business structure of plaintiffs Motorola Solutions Malaysia Sdn. Bhd. and Hytera Communications Corporation Ltd. under the laws of the nation of their creation. Accordingly, appellants shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before August 23, 2022. DW [5] [7254940] [22-2413] (AD) [Entered: 08/16/2022 02:52 PM]
[-] Read LessDocket(#4) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Boyd Cloern for Appellee Hytera Communications Corporation Ltd.. [4] [7254884] (L-Yes; E-Yes; R-No) [22-2413] (Cloern, Boyd) [Entered: 08/16/2022 12:52 PM]
[-] Read LessDocket(#3) Docketing Statement filed by Appellants Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc.. Prior or Related proceedings: Yes. 21-3054, 22-1114, 22-1118, 22-1839, 22-1919, 22-2370 [3] [7254508] [22-2413] (Alper, Adam) [Entered: 08/12/2022 07:12 PM]
[-] Read LessDocket(#2) Added Attorney(s) John C. O'Quinn for party(s) Appellant Motorola Solutions, Inc. Appellant Motorola Solutions Malaysia SDN. BHD., in case 22-2413 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John C. O'Quinn, Adam R. Alper, Michael W. De Vries, Jason M. Wilcox for Appellants Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc.. [2] [7254507] (L-Yes; E-Yes; R-No) [22-2413]--[Edited 08/15/2022 by AD to reflect the addition of counsel.] (O'Quinn, John) [Entered: 08/12/2022 06:51 PM]
[-] Read LessDocket(#1) Private civil case docketed. Fee paid. Transcript information sheet due by 08/23/2022. Docketing Statement due for Appellants Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc. by 08/12/2022. Appellant's brief due on or before 09/19/2022 for Motorola Solutions Malaysia SDN. BHD. and Motorola Solutions, Inc. [1] [7253844] [22-2413] (AD) [Entered: 08/10/2022 12:21 PM]
[-] Read Less