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2016-09-06

ICANN Litigation, Cooperative Engagement, and IRP Status Update

UPDATES (links provided further below):
1) ICANN response to Ruby Glen's Amended Complaint: Motion to Dismiss filed Oct. 26, 2016;
2) .AFRICA case remanded to California State Court by U.S. District Court Judge Oct 21, 2016;
3) Appellants Petition for Rehearing En Banc DENIED by Court of Appeals in Weinstein vs Iran;
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 Status Update: 1) ICANN Litigation; and 2) Cooperative Engagement Process (CEP) and Independent Review Process (IRP), in accordance with the sources referenced below:

1) Litigation:
Graphic: new gTLD .WEB © DomainMondo.com

•  Ruby Glen, LLC v. ICANN lawsuit filed in United States District Court for the Central District of California. Issue: new gTLD .WEB. Status: Plaintiff's motion for TRO denied; Plaintiff filed amended complaint on August 8, 2016. ICANN has until September 26, 2016 (pdf)--UPDATE--Wednesday, October 26, 2016 (pdf) to "answer, move to dismiss or otherwise respond to the Amended Complaint."  See on Domain Mondo: New gTLD WEB Loser, Ruby Glen, Files Amended Complaint vs ICANN.
UPDATE October 26 Ruby Glen, LLC v. ICANN:
Graphic: new gTLD .AFRICA © DomainMondo.com
•  DotConnectAfrica Trust v. ICANN lawsuit filed in United States District Court for the Central District of California. Issue: new gTLD .AFRICA. Status: jury trial (10-12 days) scheduled to begin February 28, 2017. Appeals of the preliminary injunction enjoining delegation of new gTLD .AFRICA, have been taken by ICANN and ZA Central Registry (ZACR). The appeals are now consolidated and pending before the U.S. Court of Appeals for the Ninth Circuit. Optional reply briefs are due September 9, 2016, and new gTLD applicant Dot Registry LLC has filed a motion for leave to file amicus curiae (friend of the court) brief in support of DCA Trust on the issue of the enforceability of the ICANN "Release" in the new gTLD guidebook (pdf), required of all new gTLD applicants. See on Domain Mondo: New gTLD AFRICA Appeal: DCA Trust Answering Brief vs ICANN & ZACR. Dismissed defendant and appellant, ZACR, has also filed a motion to intervene in the U.S. District Court, to which Plaintiff responded August 29, 2016 (pdf)(highlighting added).

UPDATE DotConnectAfrica Trust v. ICANN Trial Court Proceeding:
ccTLDs: .IR (IRAN), .SY (Syria), .KP (North Korea)
•  Ben Haim v. Islamic Republic of Iran; Calderon-Cardona v. Democratic People's Republic of Korea; Rubin v. Islamic Republic of Iran; Stern v. Islamic Republic of Iran; Weinstein v. Islamic Republic of Iran; Wyatt v. Syrian Arab Republic filed in United States District Court for the District of Columbia. Issue: whether ccTLDs .IR (IRAN), .SY (SYRIA), and .KP (North Korea), are property subject to judicial attachment. Status: US Court of Appeals Decision on August 2, 2016, affirming District Court that the ccTLDs are not subject to judicial attachment, handing ICANN and the "global community" a legal victory in a case that potentially could have jeopardized the IANA stewardship transition. Order and Judgment entered August 2, 2016 (pdf), by the United States Court of Appeals for the District of Columbia Circuit. Appellants have 90 days to file a petition for writ of certiorari with the U.S. Supreme Court (see U.S. Supreme Court Rule 13). See on Domain Mondo: US Court of Appeals Decision re: ICANN & Iran, Syria, North Korea ccTLDs.

 UPDATE: Petition for Rehearing En Banc:
“Relying on conjecture, it [D.C. Circuit Court of Appeals] significantly solidified ICANN’s monopoly over Internet governance (antagonizing many small Internet participants who have been bullied by ICANN over many years), massively altered the waiver doctrine, impaired the operation of 28 U.S.C. 1610(g), and injured judgment creditors who must recover their judgments from third-party garnishees.”--Appellants' Petition for Panel Rehearing and Hearing En Banc filed 31 August 2016, Weinstein et al. vs Islamic Republic of Iran et al. , U.S. Court of Appeals for the D.C., (pdf 434 KB, highlighting added). 
UPDATE 19 Sep 2016: Order Denying Appellants’ Petition for Rehearing En Banc [PDF, 53 KB] 19 September 2016; and Order Denying Appellants’ Petition for Panel Rehearing [PDF, 53 KB] 19 September 2016. Formal Mandate of U.S. Court of Appeals for the D.C. [PDF, 54 KB] 27 September 2016.

ICANN Cooperative Engagement Process (CEP) and Independent Review Process (IRP) defined
2) Cooperative Engagement Processes (CEP) and Independent Review Processes (IRP) Status update as of August 22, 2016, via ICANN (pdf) embedded below (highlighting added):