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:

• New gTLD AFRICA Litigation: Defendant ZACR Dismissed as a Party 16 June 2016
• News Review [May 15]: IANA, ICANN, New gTLDs .AFRICA, .AMAZON, .BLOG: ".AFRICA UPDATE: "ICANN has appealed the U.S. District Court's Order granting a Preliminary Injunction in the DCA (DotConnectAfrica) Trust vs ICANN and ZACR litigation over new gTLD.AFRICA ..."
• News Review [Apr 17]: dotAFRICA, Public Interest, Judge Holds ICANN Accountable
• Will ICANN File An Interlocutory Appeal in DCA Trust gTLD AFRICA Case? 13 April 2016
• New gTLD AFRICA: DotConnectAfrica Trust vs ICANN, End of the Line? 21 March 2016
• US Federal Court Enjoins ICANN From Delegating New gTLD dot AFRICA 5 March 2016
• DCA Trust IRP Decision: ICANN Failed the Global Internet Community 12 July 2015

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


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


feedback & comments via twitter @DomainMondo
Follow @DomainMondo

DISCLAIMER