Ninth Circuit Court Of Appeals Sets Timeline For Tournament’s Appeal In Lawsuit Against City

The Ninth Circuit Court of Appeals has set a timeline for key dates in the Tournament of Roses’ appeal challenging the decision of a federal judge to dismiss numerous counts in the Tournament’s lawsuit filed against the city, which stemmed from a dispute over whether or not the Rose Bowl game could be played outside Pasadena.

Last month, US District Court Judge André Birotte, Jr. sided with the city in dismissing all but one of the counts filed by the Tournament in its February lawsuit for alleged trademark infringement, unfair competition, false association, slander and false advertising.

On Tuesday the Tournament filed a notice of intent with Ninth Circuit to appeal the dismissal of its claims against the city.

The Tournament made the move after the city asked Birotti to order the Tournament to pay the city’s attorney fees for defending itself from the lawsuit — amounting to more than $400,000. This was opposed by the Tournament, which argued in a filing that the coyote had not prevailed in the case.

The Ninth Circuit Court of Appeals acknowledged the receipt of the petition filed by the Tournament.

According to the appellate court, the Tournament’s Mediation Questionnaire, which would help the court’s mediators obtain information about the dispute, is due on August 18.

The court requires the Tournament to file its opening brief before November 18. The city has until December 20 to respond to the opening brief.

The Tournament’s reply brief thereafter, which is optional, must be filed within 21 days of service of the city’s reply, according to the court.

Failure by the Tournament to comply with the time schedule order will result in automatic dismissal of the appeal, the court said.

On its website, the Ninth Circuit notes the court has no time limit for making decisions on appeals, but most cases are decided within 3 months to a year.

The Tournament’s opening brief and the city’s response to it must be prepared as both parties work together to prepare for the 2022 Rose Parade and Rose Bowl, both scheduled for January 1.

The Ninth Circuit operates the Richard H. Chambers in Pasadena at 125 S. Grand Avenue but has not indicated if that courthouse will play a role in the proceedings.