District Appellate Supreme
Federal
Texas Northern District Court Court of Appeals for the Fifth Circuit United States Supreme Court

SEC v. Mark Cuban

Appeal Court of Appeals for the Fifth Circuit, Case No. 09-10996
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Last Updated December 10, 2018 at 8:44 PM EST (6.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
United States Securities and Exchange Commission United States Securities and Exchange Commission, Plaintiff - Appellant
Officially listed as "Securities And Exchange Commission"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kevin P. O'Rourke +1 202 551 4442
Space Michael L. Post mpostdc@gmail.com
Space Randall W. Quinn +1 202 551 5198 +1 202 772 9361 quinnr@sec.gov
v.
No Logo Mark Cuban, Defendant - Appellee

Represented by Brown Rudnick LLP

Name Phone Fax E-Mail
Space Stephen A Best +1 202 536 1700 +1 202 536 1701 sbest@brownrudnick.com

Represented by Cooley LLP

Name Phone Fax E-Mail
Space Lyle Roberts +1 202 842 7800 +1 202 842 7899 lroberts@cooley.com

Represented by Locke Lord Bissell & Liddell, LLP

Name Phone Fax E-Mail
Space Paul Edward Coggins +1 214 740 8000 +1 214 740 8800 pcoggins@lockelord.com

Represented by Proskauer Rose LLP

Name Phone Fax E-Mail
Space Ralph Carmine Ferrara +1 202 416 5820 +1 202 416 6899 rferrara@proskauer.com
Other Parties
No Logo Law Professors, Amicus Curiae

Represented by Levi & Korsinsky, LLP

Name Phone Fax E-Mail
Space Nicholas Ian Porritt +1 202 524 4290 +1 202 333 2121 nporritt@akingump.com
Attributes
Nature of Suit 1850 - Securities Commodities Exchange
Case Type United States Civil
Lower Court Case https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?caseNumber=3:08-CV-2050
Timeline
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Legal Document (Payment Possibly Required) 00501293510 Filed: 11/15/2010, Entered: None Unknown Document Type
MANDATE ISSUED. Mandate pull date satisfied. [09-10996] (RFP)
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Blank  Filed: 9/21/2010, Entered: None Unknown Document Type
COSTS TAXED AGAINST: Each party to bear its own costs on appeal. [09-10996] (RMF)
LREF
Legal Document (Payment Possibly Required) 00501239275 Filed: 9/21/2010, Entered: None Unknown Document Type
JUDGMENT ENTERED AND FILED. [09-10996] (RMF)
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Legal Document (Payment Possibly Required) 00501239259 Filed: 9/21/2010, Entered: None Unknown Document TypeCourt Filing
PUBLISHED OPINION FILED. [09-10996 Vacated and Remanded ] Judge: CDK , Judge: PEH , Judge: EMG Mandate pull date is 11/12/2010 [09-10996] (RMF)
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Legal Document (Payment Possibly Required) 00501195899 Filed: 8/5/2010, Entered: None Unknown Document Type
LETTER filed by Appellant SEC in response to letter submitted by appellee Date of Service: 08/05/2010 via email - Attorney for Amicus Curiae: Porritt; Attorney for Appellant(s): O'Rourke, Post, Quinn; Attorney for Appellee(s): Best, Coggins, Ferrara, Roberts [09-10996] (Randall W. Quinn )
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Legal Document (Payment Possibly Required) 00501194883 Filed: 8/4/2010, Entered: None Unknown Document Type
LETTER filed by Appellee Mr. Mark Cuban To correct statement made by appellant's counsel at oral argument. Date of Service: 08/04/2010 via email - Attorney for Amicus Curiae: Porritt; Attorney for Appellant(s): Post, Quinn; Attorney for Appellee(s): Best, Coggins, Ferrara, Roberts [09-10996] (Stephen A. Best )
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Blank  Filed: 8/2/2010, Entered: None Unknown Document Type
ORAL ARGUMENT HEARD before Judges King, Higginbotham, Garza. Arguing Person Information Updated for: Randall W. Quinn arguing for Appellant Securities and Exchange Commission; Arguing Person Information Updated for: Lyle Roberts arguing for Appellee Mark Cuban [09-10996] (VLB)
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Blank  Filed: 6/21/2010, Entered: None Unknown Document Type
CASE CALENDARED for oral argument on 08/02/2010 in New Orleans in the West Courtroom -- AM session. In accordance with our policy, lead counsel only will receive at a later date via email a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars.. [09-10996] (VLB)
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Legal Document (Payment Possibly Required) 00501137985 Filed: 6/10/2010, Entered: None Unknown Document Type
CASE TENTATIVELY calendared for oral argument for the week of 08/02/2010. [09-10996] (GAM)
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Blank  Filed: 4/20/2010, Entered: None Unknown Document Type
Paper copies of appellant reply brief filed by Appellant SEC in 09-10996 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [09-10996] (RSM)
LREF
Legal Document (Payment Possibly Required) 00501077816 Filed: 4/12/2010, Entered: None Unknown Document Type
APPELLANT'S REPLY BRIEF FILED by SEC. Date of service: 04/12/2010 via email - Attorney for Amicus Curiae: Porritt; Attorney for Appellant(s): O'Rourke, Post, Quinn; Attorney for Appellee(s): Best, Coggins, Ferrara, Roberts [09-10996] REVIEWED AND/OR EDITED.. . # of Copies Provided: 0 Reply Brief deadline satisfied. Paper Copies of Brief due on 04/19/2010 for Appellant Securities and Exchange Commission. [09-10996] (Michael L. Post )
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Blank  Filed: 4/9/2010, Entered: None Unknown Document Type
APPEARANCE FORM FILED by Attorney Nicholas Ian Porritt in 09-10996 for Amicus Curiae Law Professors in 09-10996 Sufficient Brief deadline satisfied [09-10996] (RSM)
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Blank  Filed: 4/5/2010, Entered: None Unknown Document Type
1st SUPPLEMENTAL RECORD ON APPEAL FILED. Record Part: Supp Electronic Tran, No. of Volumes: 1 [09-10996] (RSM)
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Blank  Filed: 4/5/2010, Entered: None Unknown Document Type
RECORD ON APPEAL FILED. Record Part: Electronic Pleadings, No. of Volumes: 3 [09-10996] (RSM)
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Legal Document (Payment Possibly Required) 00501071226 Filed: 4/5/2010, Entered: None Unknown Document Type
AMICUS CURIAE BRIEF FILED by Law Professors. Consent is Not Necessary a Motion has been Granted. Brief NOT Sufficient as it requires an Appearance Form from counsel signing the brief - Porritt, and additionally the Brief requires a disk. # of Copies Provided: 7 Sufficient Brief due on 04/20/2010 for Amicus Curiae Law Professors. [09-10996] (RSM)
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Legal Document (Payment Possibly Required) 00501071220 Filed: 4/5/2010, Entered: None Unknown Document Type
CLERK ORDER granting motion to file amicus brief [6504077-2] filed by Law Professors in 09-10996. [09-10996] (RSM)
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Blank  Filed: 4/5/2010, Entered: None Unknown Document Type
CASE CAPTION updated. Amicus Curiae Law Professors added to case. Reason: motion to file amicus brief granted. [09-10996] (RSM)
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Legal Document (Payment Possibly Required) 00501069483 Filed: 4/2/2010, Entered: None Unknown Document Type
MOTION by Law Professors to file amicus brief [6504077-2] Date of service: 04/02/2010 via email - Attorney for Appellant(s): Post, Quinn; Attorney for Appellee(s): Best, Coggins, Ferrara, Roberts [09-10996] (Nicholas Ian Porritt )
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Blank  Filed: 4/1/2010, Entered: None Unknown Document Type
Paper copies of appellee brief filed by Appellee Mr. Mark Cuban in 09-10996 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [09-10996] (RSM)
LREF
Legal Document (Payment Possibly Required) 00501067292 Filed: 3/31/2010, Entered: None Unknown Document Type
BRIEF MADE SUFFICIENT filed by Appellee Mr. Mark Cuban in 09-10996 [6499770-2]. Sufficient Brief deadline satisfied. Paper Copies of Brief due on 04/05/2010 for Appellee Mark Cuban. [09-10996] (MCS)
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Legal Document (Payment Possibly Required) 00501066526 Filed: 3/30/2010, Entered: None Unknown Document Type
RECORD ON APPEAL REQUESTED. Miscellaneous due on 04/12/2010 for Attorney Stephen A. Best [09-10996] (RSM)
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Legal Document (Payment Possibly Required) 00501066518 Filed: 3/26/2010, Entered: None Unknown Document Type
APPELLEE'S BRIEF FILED by Appellee Mr. Mark Cuban Date of service: 03/26/2010 via email - Attorney for Appellant(s): O'Rourke, Post, Quinn [09-10996] REVIEWED AND/OR EDITED. APPELLEE'S BRIEF FILED . Additionally the Brief requires complete signature (/s/ only not acceptable). # of Copies Provided: 0 E/Res's Brief deadline satisfied. Sufficient Brief due on 04/14/2010 for Appellee Mark Cuban.. Reply Brief due on 04/12/2010 for Appellant Securities and Exchange Commission [09-10996] (Stephen A. Best )
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Blank  Filed: 3/25/2010, Entered: None Unknown Document Type
APPEARANCE FORM FILED by Attorney(s) Ralph Carmine Ferrara for party(s) Appellee Mark Cuban, in case 09-10996 [09-10996] (RSM)
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Legal Document (Payment Possibly Required) 00501015920 Filed: 1/29/2010, Entered: None Unknown Document Type
LETTER OF ADVISEMENT. Reason: the appellant's brief filed on 01/25/10, was sufficient as government parties do not need a certificate of interested parties [09-10996] (RSM)
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Blank  Filed: 1/27/2010, Entered: None Unknown Document Type
PHONE EXTENSION CONFIRMED for Appellee Mr. Mark Cuban. Extension granted to and including 03/26/2010. E/Res's Brief deadline updated to 03/26/2010 for Appellee Mark Cuban [09-10996] (RSM)
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Legal Document (Payment Possibly Required) 00501013464 Filed: 1/25/2010, Entered: None Unknown Document Type
RECORD EXCERPTS FILED by Appellant SEC. # of Copies Provided: 4 [09-10996] (RSM)
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Legal Document (Payment Possibly Required) 00501013451 Filed: 1/25/2010, Entered: None Unknown Document Type
APPELLANT'S BRIEF FILED by SEC. Brief NOT Sufficient as it requires a Cert of Int Parties. # of Copies Provided: 7 A/Pet's Brief deadline satisfied. Sufficient Brief due on 02/10/2010 for Appellant Securities and Exchange Commission.. Appellee's Brief due on 02/24/2010 for Appellee Mark Cuban [09-10996] (RSM)
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Blank  Filed: 12/17/2009, Entered: None Unknown Document Type
APPEARANCE FORM FILED by Attorney(s) Stephen A. Best for party(s) Appellee Mark Cuban, in case 09-10996 [09-10996] (RFP)
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Blank  Filed: 12/15/2009, Entered: None Unknown Document Type
APPEARANCE FORM FILED by Attorney(s) Lyle Roberts for party(s) Appellee Mark Cuban, in case 09-10996 [09-10996] (RSM)
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Blank  Filed: 11/30/2009, Entered: None Unknown Document Type
PHONE EXTENSION CONFIRMED for Appellant SEC. Extension granted to and including 01/22/2010. A/Pet's Brief deadline updated to 01/22/2010 for Appellant Securities and Exchange Commission [09-10996] (MCS)
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Legal Document (Payment Possibly Required) 0050961200 Filed: 11/13/2009, Entered: None Unknown Document Type
BRIEFING NOTICE ISSUED A/Pet's Brief Due on 12/23/2009 for Appellant Securities and Exchange Commission. [09-10996] (MCS)
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Blank  Filed: 11/13/2009, Entered: None Unknown Document Type
NOTICE RECEIVED FROM DISTRICT COURT. Record Part: ROA Certified by DCt, Action Type: FILED Certified ROA due deadline satisfied. [09-10996] (MCS)
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Legal Document (Payment Possibly Required) 0050953827 Filed: 11/3/2009, Entered: None Unknown Document Type
[09-10996] Attorney Mr. Ralph Carmine Ferrara for Appellee Mark Cuban advised to resubmit appearance form. (Counsel is not a member of the Fifth Circuit Bar.) (MAS)
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Blank  Filed: 10/30/2009, Entered: None Unknown Document Type
EXTENSION OF TIME GRANTED to the District Court to prepare the Certified ROA until 11/09/2009. Notice of Certified ROA due on 11/09/2009 [09-10996] (DC advised they have had several very large cases to prepare the record) (MCS)
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Blank  Filed: 10/27/2009, Entered: None Unknown Document Type
APPEARANCE FORM FILED by Attorney Paul E Coggins in 09-10996 for Appellee Cuban, Mark in 09-10996 [09-10996] (RSM)
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Blank  Filed: 10/16/2009, Entered: None Unknown Document Type
Request issued to district court to CERTIFY THE RECORD ON APPEAL.Notice of Certified ROA Due on 11/02/2009. [09-10996] (MCS)
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Blank  Filed: 10/15/2009, Entered: None Unknown Document Type
APPEARANCE FORM FILED by Attorney(s) Michael Laurence Post,Randall W Quinn for party(s) Appellant SEC in case 09-10996 [09-10996] (MCS)
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Legal Document (Payment Possibly Required) 0050941141 Filed: 10/14/2009, Entered: None Unknown Document Type
INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [6386539-2] Initial AA Check Due satisfied.. Fee due on 10/26/2009 for Appellant Securities and Exchange Commission. [09-10996] (RSM)
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Legal Document (Payment Possibly Required) 0050939744 Filed: 10/13/2009, Entered: None Unknown Document Type
US CIVIL CASE docketed. NOA filed by Appellant SEC [09-10996] (RFP)
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