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Case: 22-1425 Document: 1-1 Page: 1 Filed: 02/01/2022
`
`UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`717 MADISON PLACE, N.W.
`WASHINGTON, D.C. 20439
`
`
`February 1, 2022
`
`NOTICE OF DOCKETING
`
`
`
`
`
`CLERK’S OFFICE
`202-275-8000
`
`
`
`
`
`PETER R. MARKSTEINER
`
`CLERK OF COURT
`
`
`
`Federal Circuit Docket No.: 2022-1425
`
`Federal Circuit Short Caption: Freshub, Inc. v. Amazon.com, Inc.
`
`Date of Docketing: February 1, 2022
`
`Originating Tribunal: United States District Court for the Western District of Texas
`
`Originating Case No.: 6:21-cv-00511-ADA
`
`Appellants: Amazon.com, Inc., Prime Now, LLC, Whole Foods Market Services, Inc.,
`Amazon.com Services LLC
`
` A notice of appeal has been filed and assigned the above Federal Circuit case number.
`The court's official caption is included as an attachment to this notice. Unless otherwise
`noted in the court's rules, the assigned docket number and official caption or short
`caption must be included on all documents filed with this Court. It is the responsibility of
`all parties to review the Rules for critical due dates. The assigned deputy clerk is noted
`below and all case questions should be directed to the Case Management section at (202)
`275-8055.
`
`The following filings are due within 14 days of this notice:
`
`• Entry of Appearance or Notice of Unrepresented Person. (Fed. Cir. R. 47.3.)
`• Certificate of Interest. (Fed. Cir. R. 47.4; not required for unrepresented and
`federal government parties unless disclosing information under Fed. Cir. R.
`47.4(a)(6))
`• Docketing Statement. Note: The Docketing Statement is due in 30 days if the
`United States or its officer or agency is a party in the appeal. (Fed. Cir. R. 33.1 and
`the Mediation Guidelines; no docketing statement is required in cases with an
`unrepresented party)
`• Statement Concerning Discrimination in MSPB or arbitrator cases. (Fed. Cir. R.
`15(c); completed by petitioner only)
`
`

`

`Case: 22-1425 Document: 1-1 Page: 2 Filed: 02/01/2022
`
`• Fee payment or appropriate fee waiver request, if the docketing fee was not
`prepaid (see Fee Payment below).
`
`FILING DOCUMENTS: Each counsel representing a party must be a member of the
`court's bar and registered for the court's electronic filing system. Parties represented by
`counsel must make all filings through the court's electronic filing system.
`
`Unrepresented parties may choose to submit case filings to the court either in paper or
`through the court's electronic filing system; electronic filing will only be permitted for
`unrepresented parties after successful registration for the court's electronic filing system
`and submission of a completed Notice of Unrepresented Person Appearance. Fed. Cir. R.
`25(a). The court's Electronic Filing Procedures may be accessed at
`www.cafc.uscourts.gov/contact/clerks-office/filing-resources.
`
`CONTACT INFORMATION: Electronic filers, or unrepresented parties registered to
`receive electronic service, must update their contact information in their PACER service
`center profile whenever their contact information changes. Counsel must file an amended
`Entry of Appearance and unrepresented parties must file an amended Notice of
`Unrepresented Person Appearance whenever contact information changes. Fed. Cir. R.
`25(a)(5).
`
`FEE PAYMENT: Unless the filing fee was prepaid, fee payment must be submitted
`within fourteen days after this notice. Fed. Cir. R. 52(d). For outstanding docketing fees
`due to this court, electronic filers must pay the fee using the event Pay Docketing Fee
`through the court’s electronic filing system. Fed. Cir. R. 52(e). Docketing fees due to other
`courts, such as U.S. District Courts, the U.S. Court of Appeals for Veterans Claims, and
`non-vaccine cases at the U.S. Court of Federal Claims, must be submitted to those courts
`in accordance with their procedures. A filer wishing to proceed without fee payment must
`submit a motion for leave to proceed in forma pauperis, or other fee waiver request,
`within fourteen days.
`
`OFFICIAL CAPTION: The court's official caption is attached and reflects the lower
`tribunal's caption pursuant to Fed. R. App. P. 12(a), 15(a), and 21(a). Please review the
`caption carefully and promptly advise this court in writing of any improper or inaccurate
`designations.
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`By: J. West, Deputy Clerk
`
`
`
`
`
`
`
`

`

`Case: 22-1425 Document: 1-1 Page: 3 Filed: 02/01/2022
`
`Attachments:
`
`• Official caption
`• Paper Copies of General Information and Forms (to unrepresented parties only):
`o General Information and Overview of a Case in the Federal Circuit
`o Notice of Unrepresented Person Appearance
`o Informal Brief
`o Informal Reply Brief (to be completed only after receiving the opposing
`party's response brief)
`o Motion and Affidavit for Leave to Proceed in Forma Pauperis (only to filers
`owing the docketing fee)
`o Supplemental in Forma Pauperis Form for Prisoners (only to filers in a
`correctional institution)
`o Statement Concerning Discrimination (only to petitioners in MSPB or
`arbitrator case)
`
`cc: United States District Court for the Western District of Texas
`
`
`
`

`

`
`
`
`
`
`
`Case: 22-1425 Document: 1-1 Page: 4 Filed: 02/01/2022
`
`Official Caption
`
`
`FRESHUB, INC., FRESHUB, LTD.,
`Plaintiffs-Appellees
`
`v.
`
`AMAZON.COM, INC., PRIME NOW, LLC, WHOLE FOODS MARKET
`SERVICES, INC., AMAZON.COM SERVICES LLC,
`Defendants-Appellants
`
`WHOLE FOODS MARKET, INC.,
`Defendant
`
`
`
`Short Caption
`
`Freshub, Inc. v. Amazon.com, Inc.
`
`

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