DCA Trust v. ICANN Court Case

March 2020


January 2020


December 2019


November 2019


October 2019


September 2019

Plaintiff’s Objection to Court’s Statement of Decision


August 2019


August 22 2019: Tentative Decision on Bifurcated Trial (Phase One) on Affirmative Defense of Judicial Estoppel [PDF, 920 KB] Read

  • Hearing JE Bifurcated Trial Court Transcript Read

March 2019


March 01 2019: ICANN‘s Judicial Estoppel Post-Trial Brief [PDF, 733 KB] Read

March 01 2019: Plaintiff DotConnectAfrica’s Judicial Estoppel Post-Trial Brief [PDF, 475 KB] Read

Feb 2019

  • TRANSCRIPT OF PROCEEDINGS

January 2019


January 17 2019: ICANN‘s Judicial Estoppel Trial Brief [PDF, 340 KB] Read

January 17 2019: Plaintiff DotConnectAfrica’s Judicial Estoppel Trial Brief [PDF, 248 KB] Read


September 2018


September 20 2018: Joint Status Report [PDF, 276 KB] Read

September 04 2018: Notice of Case Reassignment [PDF, 167 KB] Read


August 2018


August 01 2018: Order Vacating Trial Date and Scheduling Status Conference [PDF, 210 KB] Read


July 2018


July 18 2018: ICANN‘s Response to Plaintiff’s Never-Before-Made Argument in Its 13 July 2018 Brief Regarding California Rule of Court Rule 3.1591 [PDF, 3.25 MB] Read

July 13 2018: Plaintiff DotConnectAfrica’s Brief Regarding California Rule of Court Rule 3.1591 [PDF, 156 KB] Read

July 09 2018: ICANN‘s Response to Plaintiff’s Supplemental Closing Trial Brief and to Plaintiff’s Response to ICANN‘s Report Following Court’s Request that the Parties Meet and Confer Regarding Stipulation for Separate Judges to Hear Phases of Trial [PDF, 717 KB] Read

May 2018


May 10 2018: Order Granting Joint Ex Parte Application of Plaintiff and ICANN to Set a Hearing Date for Closing Argument [PDF, 61 KB] Read

March 2018


March 19 2018: ICANN‘s Judicial Estoppel Post-Trial Brief [PDF, 179 KB] Read

March 19 2018: Plaintiff DotConnectAfrica’s Closing Judicial Estoppel Trial Brief [PDF, 1.70 MB] Read

February 2018


February 09 2018: ICANN’s Judicial Estoppel Trial Brief [PDF, 1.42 MB] Read

February 09 2018: Plaintiff DCA Trust’s Judicial Estoppel Trial Brief [PDF, 113 KB] Read


January 2018


January 23 2018: Court Order Continuing Date of Final Status Conference on Judicial Estoppel Bench Trial [PDF, 407 KB] Read

January 22 2018: Court Order Continuing Date of Final Status Conference on Judicial Estoppel Bench Trial [PDF, 407 KB] Read


December 2017


December 13 2017: Order re Motion for Protective Order DCA Trust vs ICANN [PDF, 183 KB] Read

December 06 2017: Tentative Order re Motion for Protective Order DCA Trust vs ICANN [PDF, 130 KB] Read

November 2017


November 30 2017: Plaintiff DCA Opposition to ICANN Motion for Protective Order re Silber Deposition [PDF, 2 MB] Read

      • Declaration of R. Barnes ISO Plaintiff DCA Opp to Def. ICANN Motion for Protective Order [PDF, 426 KB] Read
      • Declaration of Sophia Bekele ISO Plaintiff DCA Opp to Def. ICANN Motion for Protective Order [PDF, 4 MB] Read
      • Defendant ICANN’s Reply ISO Motion for Protective Order [PDF, 555 KB] Read
      • Proposed Order re Silber Protective Order [PDF, 101 KB] Read

November 11 2017: ICANN Motion for Protective Order re Silber Deposition [PDF, 621 KB] Read

      • Declaration of A. Pushinsky re Motion for Protective Order [PDF, 5 MB] Read
      • Dec 06 2017: Supp Decl of Amanda Pushinksy ISO Motion for Protective Order [PDF, 3 MB] Read

August 2017


August 9 2017: Order Re: ICANN’s Motion for Summary Judgment [PDF, 560 KB] Read

      • [Tentative] Order Re: ICANN’s Motion for Summary Judgment [PDF, 193 KB] Read
      • Hearing Motion for Summary Judgment Court Transcript Read

August 4 2017: ICANN‘s Reply in Support of Motion for Summary Judgment [PDF, 9.08 MB] Read

      • ICANN‘s Responses to Plaintiff’s Evidentiary Objections [PDF, 20.0 MB] Read
      • ICANN‘s Evidentiary Objections to Declaration of Sophia Bekele Eshete [PDF, 1.13 MB] Read
      • ICANN‘s Reply to Plaintiff’s Response to ICANN‘s Statement of Undisputed Material Facts and Responses to Additional Undisputed Materials Facts [PDF, 32.3 MB] Read

July 2017


July 26 2017: DCA Trust Plaintiff’s Opposition to ICANN‘s Motion for Summary Judgment [PDF, 689 KB] Read

      • Plaintiff’s Objections to Evidence [PDF, 281 KB] Read
      • Declaration of Sara C. Colón [PDF, 228 KB] Read
        • Exhibits A to I [PDF, 6.30 MB] Read
      • Declaration of Sophia Bekele Eshete [PDF, 283 KB] Read
        • Exhibits 1 to 24 [PDF, 10.3 MB] Read

July 26 2017: Plaintiff’s Separate Statement of Disputed Material Facts and Additional Undisputed Material Facts in Opposition to ICANN‘s Motion for Summary Judgment [PDF, 1.82 MB] Read

May 2017


May 27 2017: ICANN’s Notice of Motion and Motion for Summary Judgment [PDF, 3 MB] Read

May 27 2017: Declaration of J. LeVee ISO of ICANN’s Motion for Summary Judgment [PDF, 7 MB] Read

May 27 2017: ICANN’s Statement of Undisputed Material Facts ISO of Motion for  Summary Judgment [PDF, 995 KB] Read

May 27 2017: [Proposed] Order Granting ICANN’s Motion for  Summary Judgment [PDF, 98 KB] Read

March 2017


March 21 2017: Order Approving Stipulation Staying Discovery and Continuing the Trial Date [PDF, 681 KB] Read

February 2017


February 26 2017: Order Denying Plaintiff’s Motion for Preliminary Injunction [PDF, 357 KB] Read

January 2017


January 26 2017: DCA Trust Joint reply to ICANN and ZACR opposition to preliminary injunction [PDF, 312 KB] Read


January 20 2017: ICANN’s Response to the DCA Motion for a Preliminary Injunction [PDF, 1 MB] Read

January 20 2017: ZACR’s Response (Opposition) to the DCA Motion for a Preliminary Injunction [PDF, 202 KB] Read


January 4 2017: Plaintiff’s Notice of and Ex Parte Application for TRO [PDF, 83 KB] Read

December 2016


December 22 2016: Order Denying Plaintiff’s Motion for Preliminary Injunction [PDF, 135 KB] Read

      • [Tentative] Order Re: Plaintiff’s Motion For Preliminary Injunction [PDF, 136 KB] Read

December 15 2016: DCA’s Request for Judicial Notice in Support of Joint Reply to Defendant’s and Intervenor’s Opposition to Preliminary Injunction [PDF, 405 KB] Read


December 14 2016: Court Order Granting Dismissal of  Appeal Read


December 9 2016: ICANN‘s Opposition to Plaintiff’s Motion for Preliminary Injunction [PDF, 255 KB] Read

ICANN‘s Evidentiary Objections to Declaration of Sophia Bekele Eshete Filed in Support of Plaintiff’s Motion for Preliminary Injunction [PDF, 126 KB]


December 9 2016: ZACR’s Opposition to Plaintiff’s Motion for Preliminary Injunction [PDF, 1.30 MB] Read


November 2016


November 15 2016: DCA Trust Plaintiff’s Motion for Preliminary Injunction [PDF, 436 KB] Read


October 2016


October 25 2016: Notice of Remand [PDF, 482 KB] Read


October 19 2016: Order Granting ZACR’s Motion to Intervene and Remanding Case to State Court [PDF, 32 KB] Read


October 12 2016: ICANN‘s Opposition to Motion for Leave to Amend First Amended Complaint [PDF, 377 KB] Read


October 04 2016: DCA Trust Plaintiff’s Motion for Leave to Amend First Amended Complaint [PDF, 600 KB] Read


September 2016


September 27 2016DCA Trust Plaintiff’s Supplemental Regarding Indispensable Party [PDF, 415 KB] Read


September 27 2016ICANN’s Supplemental Brief Regarding Indispensable Party [PDF, 94 KB] Read


September 27 2016ZACR’s Supplemental Brief Regarding Indispensable Party [PDF, 61 KB] Read


September 22 2016Order Directing Parties to File Additional Briefing Regarding Indispensable Party [PDF, 18 KB] Read


September 2 2016ZACR’s Reply in Support of Motion to Intervene [PDF, 46 KB] Read


August 2016


August 29 2016DotConnectAfrica’s (Plaintiff’s) Response to ZACR’s Motion to Intervene [PDF, 412 KB] Read


August 26 2016Motion of Dot Registry, Llc for leave to file Amicus Curiae Brief in support of Plaintiff-Appellee DCA Trust [PDF, 634 KB] Read


August 19 2016Appellee DCA’s Answering Appellate Brief [PDF, 668 KB] Read

      • Supplemental Excerpts of the Record [PDF, 1.8 MB] Read

August 1 2016ZACR’s Notice of Motion and Motion to Intervene [PDF, 232 KB] Read

      • Memorandum of Points and Authorities [PDF, 166 KB] Read
      • Declaration of David W. Kesselman [PDF, 42 KB] Read

July 2016


July 18 2016Order Granting Motion to Consolidate Appeals and to Amend Appellate Briefing Schedule [PDF, 56 KB] Read


June 2016


June 29 2016ICANN’s Opening Appellate Brief [PDF, 523 KB] Read


June 27 2016Order re Briefing Schedule from Ninth Circuit  [PDF, 33 KB] Read


June 24 2016: Notice of Docketing Number from Ninth Circuit  [PDF, 95 KB] Read


June 24 2016ICANN‘s Amended Notice of Appeal Regarding Preliminary Injunction [PDF, 240 KB] Read


June 24 2016ZACR’s Notice of Appeal Regarding Preliminary Injunction [PDF, 244 KB] Read


June 20 2016Order Denying ZACR Motion to Reconsider and Vacate Preliminary Injunction [PDF, 28 KB] Read


June 14 2016Order Granting ZACR’s Motion to Dismiss [PDF, 33 KB] Read


June 7 2016Scheduling Order (District Court) [PDF, 19 KB] Read


May 2016


May 26 2016: Joint Rule 26(f) Report [PDF, 656 KB] Read

      • DCA Trust Evidentiary Objections to Supp. Declaration of Mokgabudi Lucky Masilela [PDF, 424 KB] Read
      • DCA Trust Response to Evidentiary Objections to Colon Declaration [PDF, 313 KB] Read
      • DCA Trust Response to Evidentiary Objections to Bekele Declarations [PDF, 350 KB] Read

May 23 2016: ZACR’s Reply In Support of Motion to Reconsider and Vacate Preliminary Injunction [PDF, 84 KB] Read

      • Supplemental Declaration of Mokgabudi Lucky Masilela In Support of Motion [PDF, 1.4 MB] Read
        • Exhibits A – D [PDF, 1.8 MB] Read
      • Declaration of Akram Atallah In Support of ZACR’s Motion [PDF, 143 KB] Read
      • ZACR’s Evidentiary Objections to Declaration of Sophia Bekele Eshete [PDF, 107 KB] Read
      • ZACR’s Evidentiary Objections to Declaration of Sarah Colon [PDF, 77 KB] Read
      • ZACR’s Response to Plaintiff’s Evidentiary Objections to Declaration of Mokgabudi Lucky Masilela [PDF, 173 KB] Read
      • ZACR’s Application to File Exhibit A to Supp. Decl. of Mokgabudi Lucky Masilela Under Seal [PDF, 35 KB] Read
      • Declaration of David Kesselman In Support of Application to File Under Seal [PDF, 19 KB] Read
        • Exhibit A [PDF, 90 KB] Read

May 18 2016: Appellant’s unopposed motion for an extension of time to file opening brief [PDF, 168 KB] Read


May 17 2016: ZACR Reply ISO Motion to Dismiss [PDF, 164 KB] Read

      • Request for Judicial Notice Re ZACR Motion to Dismiss [PDF, 54 KB] Read
      • Request for Judicial Notice Exhibit A [PDF, 174 KB] Read
      • [Proposed] Order Granting ZACR Request for Judicial Notice [PDF, 37 KB] Read

May 16 2016: DCA’s Opposition to ZACR Motion for Reconsideration  [PDF, 591 KB] Read

      • Bekele Declaration ISO Opposition to ZACR Motion for Reconsideration  [PDF, 760 KB] Read
      • Colon Declaration ISO Opposition to Motion for Reconsideration & Exhibits  [PDF, 10 MB] Read
      • Evidentiary Objections to G. Masilela Declaration  [PDF, 209 KB] Read

May 13 2016: Court Order of Ninth Circuit Court of Appeals Regarding Appellate Briefing Schedule [PDF, 54 KB] Read


May 11 2016: ICANN‘s Notice of Appeal Regarding Preliminary Injunction [PDF, 196 KB] Read


May 10 2016: DCA Trust ‘s Opposition to Defendant ZACR’s Motion to Dismiss First Amended Complaint [PDF, 640 KB] Read

      • Plaintiff’s Request for Judicial Notice in Support of Its Opposition to Defendant ZACR’s Motion to Dismiss First Amended Complaint With Exhibits 1 to 3 [PDF, 558 KB] Read

May 10 2016: DCA’s Opposition to ZACR’s Motion to Dismiss [PDF, 551 KB] Read

May 10 2016: Request for Judicial Notice with exhibits [PDF, 6 MB]  Read


May 10 2016: ICANN‘s Joinder in ZACR’s Motion to Reconsider and Vacate Preliminary Injunction Ruling [PDF, 119 KB] Read


May 6 2016: ZACR’s Notice of Motion and Motion to Reconsider and Vacate Preliminary Injunction Ruling [PDF, 49 KB] Read

      • Memorandum of Points and Authorities [PDF, 218 KB] Read
      • Declaration of David W. Kesselman [PDF, 40 KB] Read
      • Declaration of Mokgabudi Lucky Masilela [PDF, 119 KB] Read
        • Exhibits A to E to the Declaration of Mokgabudi Lucky Masilela [PDF, 6.99 MB] Read

May 6 2016: ICANN‘s Answer to First Amended Complaint [PDF, 150 KB] Read


April 2016


April 26 2016: ZACR Notice of Motion to Dismiss [PDF, 45 KB] Read

      • ZACR’s Memo of P&A ISO Motion to Dismiss [PDF, 169 KB] Read
      • D. Kesselman Decl. ISO ZACR Motion to Dismiss [PDF, 38 KB] Read
      • ZACR RJN ISO Motion to Dismiss [PDF, 194 KB] Read
      • [Proposed] Order re ZACR Motion to Dismiss [PDF, 50 KB] Read

April 20 2016: Order Approving Stipulation to Withdraw ICANN‘s Motion to Dismiss First Amended Complaint and to Set Deadline for ICANN‘s Response to the First Amended Complaint [PDF, 31 KB] Read


April 19 2016: Stipulation to Withdraw ICANN‘s Motion to Dismiss First Amended Complaint and to Set Deadline for ICANN‘s Response to the First Amended Complaint [PDF, 70 KB] Read


April 13 2016: Amended Reply Memorandum in Support of ICANN’s Motion to Dismiss First Amended Complaint [PDF, 178 KB] Read


April 13 2016: Court order to strike electronically filed documents of ICANN’s Reply to MTD [PDF, 31 KB] Read


April 12 2016: Court order grants Plaintiff DCA Trust’s Motion for Preliminary Injunction (DE 16) [PDF, 43 KB] Read


April 11 2016: Reply Memorandum in Support of ICANN’s Motion to Dismiss First Amended Complaint [PDF, 824 KB] Read


April 4 2016: Plaintiff’s Opposition to ICANN‘s Motion to Dismiss First Amended Complaint

      • Memorandum of Points and Authorities [PDF, 660 KB] Read
      • Plaintiff’s Request for Judicial Notice in Support of Its Opposition to ICANN‘s Motion to Dismiss First Amended Complaint [PDF, 459 KB] Read

April 1 2016: Stipulation Regarding Time for Defendant ZA Central Registry to File Its Response to Plaintiff’s First Amended Complaint [PDF, 43 KB] Read


March 2016


March 29 2016: The Court issued the following docket text entry:

“SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff DotConnectAfrica Trust’s Motion for Preliminary Injunction, calendared for hearing on April 4, 2016, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED.”


March 28 2016: ICANN’s Response to Plaintiff’s Evidentiary Objections to Declarations


March 25 2016: ICANN‘s Notice of Motion and Motion to Dismiss First Amended Complaint [PDF, 121 KB] Read


March 21 2016: DCA Trust’s Reply in Support of Motion for Preliminary Injunction; Memorandum of Points and Authorities [PDF, 527 KB] Read


March 18 2016: Order Setting Scheduling Conference [PDF, 26 KB] Read


March 14 2016: ICANN‘s Opposition to Plaintiff’s Motion for Preliminary Injunction [PDF, 706 KB] Read


March 04 2016: Court order grants Plaintiff DCA Trust’s Ex Parte Application for TRO [PDF, 24 KB] Read


March 03 2016: ICANN‘s Opposition to Plaintiff’s Ex Parte Application for Temporary Restraining Order [PDF, 220 KB] Read


March 02 2016: DotConnectAfrica’s Notice of Ex Parte Application for Temporary Restraining Order; Memorandum of Points and Authorities [PDF, 764 KB] Read


March 01 2016: DotConnectAfrica’s Notice of Motion and Motion for Preliminary Injunction; Memorandum of Points and Authorities [PDF, 866 KB] Read


February 2016


February 26 2016: DotConnectAfrica’s First Amended Complaint [PDF, 613 KB] Read


January 2016


January 27 2016: Court Order Denying Plaintiff’s Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction [PDF, 29 KB] Read


January 25 2016: Special Appearance of ICANN in Opposition to Plaintiff’s Ex Parte Motion for Temporary Restraining Order, with Exhibit A [PDF, 601 KB] Read


January 25 2016: Plaintiff DCA’s Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction; Supporting Declarations of Sophia Bekele and Brandon Schantz [PDF, 19.8 MB] Read


January 20 2016: Complaint [PDF, 4.2 MB] Read