Showing posts with label ZA Central Registry. Show all posts
Showing posts with label ZA Central Registry. Show all posts

2016-12-16

New gTLD AFRICA Redux: DotConnectAfrica Trust v. ICANN and ZACR


UPDATES in new gTLD .AFRICA litigation DotConnectAfrica Trust vs ICANN and ZA Central Registry, pending in the Superior Court of the State of California, County of Los Angeles, Central District:

 UPDATE 3 Feb 2017: On Feb 3, 2016 ICANN updated its litigation page to indicate that on 4 January 2017, Court Order: Plaintiff's Ex Parte Application for Temporary Restraining Order is denied; Plaintiff's papers are deemed to be a new preliminary injunction motion; Parties are to submit supplemental briefs; and Preliminary Injunction hearing set for 31 January 2017 (which the Court later moved to 3 February 2017).  No further update as to the Feb 3rd hearing (as of Feb 4, 2017, 00:00 UTC).

UPDATE 8 January 2017: News Review: New gTLD .AFRICA Plaintiff Files for New TRO vs ICANN.

UPDATE 3 January 2017: California State Superior Court has denied DotConnectAfrica Trust's motion for preliminary injunction in an Order dated December 22 but not posted until Jan. 3, 2017 on the ICANN.org website, the Court indicating it will assign the case for a trial date at the case management conference January 23rd:


The above corrects and updates an earlier update based on a report from Law360.com:
UPDATE: ICANN not (corrected) enjoined from delegating .AFRICA by California State Superior Court Judge. According to Law360.com on Thursday, December 22, 2016, California Superior Court Judge Howard L. Halm issued a "written tentative ruling" indicating he would grant the motion for a preliminary injunction filed by African nonprofit DotConnectAfrica Trust (DCA), blocking ICANN from delegating new gTLD (new generic top-level domain) .AFRICA  to ZA Central Registry (ZACR), ruling DCA’s claim that its application was unfairly rejected must be resolved first. Based on the update of January 3, above, the Law360.com report was erroneous.

New gTLD AFRICA: DotConnectAfrica Trust v. ICANN and ZA Central Registry (ZACR), Case No. BC607494, Superior Court of the State of California, County of Los Angeles – Central (trial court proceeding):

15 November 2016:

Plaintiff's Motion for Preliminary Injunction:



9 December 2016:

ICANN's Opposition to Plaintiff's Motion for Preliminary Injunction:



9 December 2016

ZACR's Opposition to Plaintiff's Motion for Preliminary Injunction:



15 December 2016:
Plaintiff's Joint Reply to ICANN and ZACR's Opposition to Motion for Preliminary Injunction:
How did the case get from U.S. District Court to State of California Superior Court?
For more:

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2016-08-24

New gTLD AFRICA Appeal: DCA Trust Answering Brief vs ICANN & ZACR

DotConnectAfrica Trust v. ICANN UPDATE September 9, 2016: ICANN’s Reply Appellate Brief [PDF, 276 KB] and ZACR's Reply Appellate Brief [PDF, 195 KB].

UPDATE September 2, 2016: ZACR's Reply in Support of Motion to Intervene [PDF, 46 KB].

 UPDATE August 29, 2016: Plaintiff DotConnectAfrica Trust's Response to ZACR’s Motion to Intervene [PDF, 412 KB], embedded below (highlighting added):

UPDATE August 26, 2016: New gTLD applicant Dot Registry, LLC, has filed motion for leave to file amicus curiae (friend of the court) brief in support of DCA Trust . Motion with attached Amicus Curiae Brief embedded below (highlighting added):

--original post below--

Map of Africa | DomainMondo.com
"ICANN expressly agreed to process gTLD applications fairly and transparently. Instead, ICANN colluded with ZACR to award the .Africa domain to the AUC [African Union Commission]. The district court properly granted DCA’s motion for a PI [preliminary injunction] and properly affirmed the PI on reconsideration. DCA respectfully requests this Court affirm those decisions."--Conclusion of Answering Brief filed by DocConnectAfrica Trust (DCA Trust), infra (emphasis added)

DotConnectAfrica Trust (DCA Trust), appellee, has filed its Appellate Answering Brief together with Supplemental Excerpts of the Record (both embedded below), in response to briefs filed by appellants ICANN and ZA Central Registry (ZACR). The issues in this consolidated interlocutory appeal by ICANN and ZACR to the Ninth Circuit Court of Appeals, involve whether the U.S. District Court properly granted DCA Trust's motion for preliminary injunction "barring ICANN from delegating the rights to .AFRICA until this case is resolved." See District Court Order (pdf).

Case Status: ICANN's and ZACR's optional reply briefs are due September 9, 2016. Meanwhile the U.S. District Court has assigned the case to a 10-12 day jury trial beginning February 28, 2017. See Scheduling Order (pdf).

For more on this case, see the previous posts (and links therein), on Domain Mondo: ICANN and Dot AFRICA: Dismissed Party ZACR Files Notice of Appeal (includes ICANN brief); and .AFRICA: DCA Trust v ICANN, ZACR Motion to Intervene & Opening Brief.

Appellee DCA Trust's Answering Brief (pdf) embed below (highlighting added):


Supplemental Excerpts of the Record (pdf) embed below (highlighting added):


Most document filings in this case are available on the ICANN website at: DotConnectAfrica Trust v. ICANN | ICANN.org. 
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2016-08-10

.AFRICA: DCA Trust v ICANN, ZACR Motion to Intervene & Opening Brief

Map of Africa | DomainMondo.com

UPDATE: DotConnectAfrica Trust v. ICANN -- the plot thickens --
"ZACR seeks to intervene pursuant to Fed. R. Civ. P. 24(a), or alternatively, under Fed. R. Civ. P. 24(b), as a defendant to the Ninth and Tenth causes of action to enforce its right to .Africa. Intervention is proper because ZACR has an interest in the Registry Agreement which may be impaired or impeded by the disposition of this action and ZACR’s interest is not adequately represented by the existing parties." --ZACR's Memorandum of Points and Authorities (pdf)
Dismissed defendant, ZA Central Registry, which filed an interlocutory appeal, has now filed its opening brief (embed below), and has also filed a motion to intervene as a party:
The DotConnectAfrica Trust answering brief is due August 19, 2016. The optional reply brief is due September 9, 2016.  Meanwhile the U.S. District Court has assigned the case to a 10-12 day jury trial beginning February 28, 2017. See Scheduling Order (pdf).  

 See also: ICANN and Dot AFRICA: Dismissed Party ZACR Files Notice of Appeal | DomainMondo.com and the history and background of this case at .africa | Wikipedia.org.

ZACR's Opening Appellate Brief (embed below):


 Memorandum of Points and Authorities in support of ZACR's motion to intervene:



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2016-06-28

ICANN and Dot AFRICA: Dismissed Party ZACR Files Notice of Appeal

UPDATE July 18: AFRICA Appeals Consolidated--"the parties’ joint motion (Docket Entry No. 5) to consolidate Nos.16-55693 and 16-55894 and to amend the briefing schedule is granted. The opening brief in No. 16-55693 has been filed. The opening brief in No. 16-55694 is due July 22, 2016. The answering brief is due August 19, 2016. The optional reply brief is due September 9, 2016"--Order embedded below:

UPDATE June 29: ICANN filed its opening brief:

The sad saga of ICANN's bungling of the application process for new gTLD (new generic top-level domain) .AFRICA has added another chapter as dismissed party ZA Central Registry (ZACR) has filed a notice of appeal to the United States Court of Appeals for the Ninth Circuit, from Orders entered by the Hon. R. Gary Klausner, U.S. District Court Judge, granting DotConnectAfrica Trust's (DCA) Motion for Preliminary Injunction (enjoining ICANN from delegating .AFRICA) and denying ICANN's motion for reconsideration of the Preliminary Injunction Order. The unusual twist in this case is that the District Court had dismissed ZACR as a Defendant "thereby extinguishing ZACR's role a[s] party to the action" (see  Order of June 20 included as Exhibit 2 of the notice of appeal embedded in full below), prior to denying ICANN's reconsideration motion.

ICANN's appellant brief in its interlocutory appeal is due June 29, 2016, and the U.S. District Court has assigned the case to a 10-12 day jury trial beginning February 28, 2017.

UPDATE June 28, 2016: ICANN has amended its notice of appeal and also appeals the U.S. District Court’s Order entered on June 20, 2016 (ECF No. 113), attached to ICANN's Amended Notice of Appeal (last embed below), which denied ICANN's motion for reconsideration of the Court's Order granting the preliminary injunction.

See also on Domain Mondo:

ZACR's Notice of Appeal with Exhibits 1 & 2 (highlighting added):


ICANN's Amended Notice of Appeal with Exhibits (highlighting added):


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2016-06-16

New gTLD AFRICA Litigation: Defendant ZACR Dismissed as a Party

See UPDATE June 24: ICANN and Dot AFRICA: Dismissed Party ZACR Files Notice of Appeal.

UPDATE: On June 20, 2016, the U.S. District Court denied ICANN's motion for reconsideration of the Order enjoining ICANN from delegating new gTLD .AFRICA. The trial judge, Hon. R. Gary Klausner, has obviously carefully read and considered the IRP Final Declaration in this matter, upon which Plaintiff has relied in support of its claims. The case has already been assigned to a 10-12 day jury trial beginning February 28, 2017 (see scheduling Order further below) and ICANN is due to file its appellant's brief on June 29, 2016, in its interlocutory appeal to the Ninth Circuit of the District Court's Preliminary Injunction Order. The Court's June 20, 2016, Order is embedded below (highlighting added):

 --original post below--
In the new gTLD .AFRICA litigation, Case No. 16-CV-00862 RGK (JCx), DotConnectAfrica Trust (DCA Trust) v. Internet Corporation for Assigned Names and Numbers (ICANN) & ZA Central Registry (ZACR), the U.S. District Court for Central District of California at Los Angeles, Honorable R. Gary Klausner, U.S. District Judge, has granted ZACR's Motion to Dismiss the Complaint (as to defendant ZACR only), concluding, along with other reasons (see embed below):
"... the Court finds Plaintiff’s first request against ZACR (i.e., that the Court declare the registry agreement null and void) unnecessary, as a favorable ruling on its claims against ICANN will result in the relief it seeks ..." (emphasis added)
The District Court has also set the case for a jury trial (estimated length: 10−12 days), starting February 28, 2017 at 09:00 AM (see scheduling conference proceedings embedded further below).

ICANN has filed an interlocutory appeal of the District Court's order granting Plaintiff DCA Trust's motion for preliminary injunction which enjoined ICANN from delegating the new gTLD .AFRICA. That appeal is pending before the U.S. Court of Appeals for the Ninth Circuit, and appellant ICANN's opening brief is due June 29, 2016; appellee DCA Trust's answering brief is due July 29, 2016; and ICANN's optional reply brief is due within 14 days after service of the answering brief. See Order (pdf).

District Court ruling (highlighting added):


Scheduling conference proceedings (highlighting added):


See also on Domain Mondo:

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