Estate of Antron Pearson v. City of Fort Wayne, Indiana, et al
| ESTATE OF ANTRON PEARSON, by its Personal Representative BARBARA D. PEARSON |
| CITY OF FORT WAYNE, INDIANA and JOSHUA FRANCISCY, Officer, in his individual and official capacities |
| 15-2774 |
| August 19, 2015 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
Docket Report
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Filing 14
ORDER: On October 7, 2015, the court granted counsel's motion to withdraw and reminded the appellant that she cannot proceed pro se because it appears that she is acting on behalf of the estate's beneficiaries. See Malone v. Nielson, 474 F.3d 934, 937 (7th Cir. 2007). The court ordered the appellant to notify the court by November 6, 2015, that she had retained new counsel. When she failed to respond, the court the appellant to show cause by December 11, 2015, why the appeal should not be dismissed for failure to prosecute. The appellant again has failed to respond. Accordingly, this appeal is DISMISSED for failure to prosecute. Mandate issued, no record to be returned. [14][6714942] [15-2774] (FP) [Entered: 12/15/2015 02:05 PM]
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| FOR COURT USE ONLY: Certified copy of 12/15/2015 Final Order with Mandate sent to the District Court Clerk. [6714949-2] [6714949] [15-2774] (FP) [Entered: 12/15/2015 02:17 PM] |
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Filing 13
ORDER: On October 7, 2015, the court granted the motion to withdraw filed by counsel for the appellant, but reminded the appellant that she cannot proceed pro se because it appears that she is acting on behalf of the estate's beneficiaries. See Malone v. Nielson, 474 F.3d 934, 937 (7th Cir. 2007). The court therefore ordered the appellant to notify the court by November 6, 2015, that she had retained new counsel and warned that failure to do so may result in the appeal being dismissed for failure to prosecute. Despite this warning, the appellant has not responded and no new attorney has appeared on behalf of the appellant. Accordingly, the appellant shall show cause by December 11, 2015, why this appeal should not be dismissed for failure to prosecute. Sent Certified Mail. Receipt Number: 7012 3460 0000 9061 4210. JKL [13] [6709481] [15-2774] (FP) [Entered: 11/20/2015 02:40 PM]
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Filing 12
ORDER re: 1. Motion to Withdraw. 2. Supplement to Motion to Withdraw by Appellant's Counsel. Counsel's motion to withdraw is GRANTED. Because it appears that the personal representative is acting on behalf of the estate's beneficiaries, she cannot proceed pro se. See Malone v. Nielson, 474 F.3d 934, 937 (7th Cir. 2007). Accordingly, the appellant shall notify the court by November 6, 2015, that it has retained new counsel, or the appeal may be dismissed for failure to prosecute. EMH [ # 9 ] [ # 11 ] Sent Certified Mail. Receipt Number: 7012 3460 0000 9060 6970. [12] [6698524] [15-2774] (MM) [Entered: 10/07/2015 03:53 PM]
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| Filing 11 Supplement to Motion filed by Attorney Linda M. Wagoner for Appellant Estate of Antron Pearson to withdraw as counsel. [11] [6698225] [15-2774]--[Edited 10/07/2015 by AD to reflect proper document title and filer.] (Wagoner, Linda) [Entered: 10/07/2015 08:47 AM] |
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Filing 10
ORDER re: Motion to withdraw, filed on 10/2/15. By October 13, 2015, counsel for the appellant shall supplement her motion to withdraw by informing the court of the grounds for the request and what steps counsel has taken to protect the client's interests in accordance with Indiana Rule of Professional Conduct 1.16. The court does not know the content of the discussion to which counsel refers given the confidential nature of the settlement conference. Because it appears that the personal representative is acting on behalf of the estate's beneficiaries, she cannot represent the estate pro se. See Malone v. Nielson, 474 F.3d 934, 937 (7th Cir. 2007). EMH [10] [6697804] [15-2774] (FP) [Entered: 10/05/2015 04:18 PM]
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| Filing 9 Motion filed by Attorney Linda M. Wagoner for Appellant Estate of Antron Pearson to withdraw as counsel. [9] [6697125] [15-2774]--[Edited 10/02/2015 by AD to reflect attorney filer.] (Wagoner, Linda) [Entered: 10/02/2015 11:02 AM] |
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Filing 8
ORDER: The court, on its own motion, orders that briefing is SUSPENDED pending resolution of the fee status on appeal. JR. [8] [6696318] [15-2774] (CMD) [Entered: 09/29/2015 04:37 PM]
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| Filing 7 Docketing Statement filed by Appellant Estate of Antron Pearson. Prior or Related proceedings: No. [7] [6693718] [15-2774] (Wagoner, Linda) [Entered: 09/18/2015 02:17 PM] |
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Filing 6
ORDER: Appellant Estate of Antron Pearson is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant Estate of Antron Pearson by 09/16/2015. CC. [6] [6689464] [15-2774] (JO) [Entered: 09/02/2015 08:57 AM]
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| Filing 5 Filed District Court order DENYING Appellant Estate of Antron Pearson leave to proceed on appeal in forma pauperis. Date IFP denied: 08/20/2015. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 09/28/2015 for Appellant Estate of Antron Pearson. [6688282] [5] [6688282] [15-2774] (DM) [Entered: 08/27/2015 04:09 PM] |
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Filing 4
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 10/13/2015 for Estate of Antron Pearson. Appellees' brief due on or before 11/12/2015 for City of Fort Wayne, Indiana and Joshua Franciscy. Appellant's reply brief, if any, is due on or before 11/30/2015 for Appellant Estate of Antron Pearson. JNS [6687642] [15-2774] (CR) [Entered: 08/25/2015 03:19 PM]
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| Filing 3 Notice of Circuit Rule 33 settlement conference issued. The conference will be conducted by phone, Friday, September 11, 2015 at 1:30 p.m. Central Time. See Notice for further details and requirements. JNS. [3] [6687636] [15-2774] (CR) [Entered: 08/25/2015 03:15 PM] |
| Filing 2 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Carolyn M. Trier for Appellees City of Fort Wayne, Indiana and Joshua Franciscy. [2] [6686755] (L-Yes; E-Yes; R-No) [15-2774] (Trier, Carolyn) [Entered: 08/21/2015 10:12 AM] |
| Filing 1 Private civil case docketed. IFP pending in the District Court. Docketing Statement due for Appellant Estate of Antron Pearson by 08/26/2015. Transcript information sheet due by 09/02/2015. [1] [6686363] [15-2774] (AP) [Entered: 08/19/2015 03:54 PM] |
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| Plaintiff / appellant: ESTATE OF ANTRON PEARSON, by its Personal Representative BARBARA D. PEARSON | |
| Represented By: | Barbara Pearson |
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| Defendant / appellee: CITY OF FORT WAYNE, INDIANA | |
| Represented By: | Carolyn M. Trier |
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| Defendant / appellee: JOSHUA FRANCISCY, Officer, in his individual and official capacities | |
| Represented By: | Carolyn M. Trier |
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