Theresa Dukes v. Eric Cox, et al
| THERESA L. DUKES |
| ERIC COX, Sergeant, Johnson County Sheriff's Deputy, JOE SCHMIDT, Johnson County Sheriff's Deputy and JEFF SEGO, Indiana State Police Trooper |
| 15-2783 |
| August 20, 2015 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
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| Filing 60 Mandate issued. No record to be returned. [60] [6790128] [15-2783] (VG) [Entered: 10/14/2016 10:18 AM] |
| FOR COURT USE ONLY: Certified copy of 09/22/2016 Nonprecedential Disposition and Judgment with 10/14/16 Mandate sent to the District Court Clerk. [6790138-2] [6790138] [15-2783] (VG) [Entered: 10/14/2016 10:21 AM] |
Filing 59
ORDER: Final judgment filed per nonprecedential disposition. With costs: yes. [59] [6784881] [15-2783] (AD) [Entered: 09/22/2016 03:33 PM]
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| Filing 58 Filed Nonprecedential Disposition PER CURIAM. AFFIRMED. Michael S. Kanne, Circuit Judge; Ann Claire Williams, Circuit Judge and Diane S. Sykes, Circuit Judge. [58] [6784879] [15-2783] (AD) [Entered: 09/22/2016 03:30 PM] |
| Filing 57 Supplemental record on appeal filed electronically. Contents of record : 1 sealed record. [57] [6779065] [15-2783] (CO) [Entered: 08/30/2016 01:34 PM] |
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Filing 56
ORDER re: Plaintiff-appellant's motion to request retransmittal and inclusion of sealed docket entry number 247 from the district court. The motion is GRANTED. The clerk of the district court shall retransmit sealed document no. 247 to this court. The clerk of this court shall maintain documents 233, 239, 240, 242, 247, and 357 under seal in this court. [ # 55 ] SCR [56] [6778938] [15-2783] (CR) [Entered: 08/30/2016 10:20 AM]
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| Filing 55 Pro se motion filed by Appellant Theresa L. Dukes to request retransmittal and inclusion of sealed docket entry number 247 from the District Court. [55] [6777938] [15-2783] (JO) [Entered: 08/25/2016 11:15 AM] |
| Filing 54 Supplemental record on appeal filed electronically. Contents of record : 5 sealed documents. [54] [6776793] [15-2783] (NR) [Entered: 08/19/2016 04:02 PM] |
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Filing 53
ORDER: On 10/22/2015, this court granted appellant's request to return the sealed documents to the district court to be maintained under seal in that court. Further review of this case indicates that five of these documents may be relevant to appellant's arguments on appeal. Accordingly, the clerk of the district court shall retransmit the following sealed documents to this court: 233, 239, 240, 242, and 357. SCR [53] [6776581] [15-2783] (MM) [Entered: 08/19/2016 09:17 AM]
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| Filing 52 10 copies Filed Supplemental Appendix by Appellant Theresa L. Dukes, per order. [52] [6772770] [15-2783] (JO) [Entered: 08/03/2016 10:28 AM] |
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Filing 51
ORDER: re: Plaintiff-appellant's motion for extension of time to file supplemental appendix for reply brief. [ # 50 ] The appellant's request to file her supplemental appendix is GRANTED. The clerk of this court shall file instanter the tendered appendix. The appellant's implied request to file an audio tape in support of her reply brief is DENIED. This court will not consider evidence that was not presented to the district court. SCR [51] [6772724] [15-2783] (CG) [Entered: 08/03/2016 09:28 AM]
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| Filing 50 Prose motion filed by Party Theresa L. Dukes for extension of time to file Supplemental appendix. 1 copy Supplemental Appendix for Reply Brief tendered. [50] [6771785] [15-2783] (JO) [Entered: 07/29/2016 01:18 PM] |
| Filing 49 10 copies Appellant's reply brief filed by Appellant Theresa L. Dukes. Disk not required. [49] [6770064] [15-2783] (JO) [Entered: 07/25/2016 02:33 PM] |
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Filing 48
Order issued GRANTING motion to extend time to file appellant's reply brief. [ # 47 ] Appellant's reply brief, if any, is due on or before 07/18/2016 for Appellant Theresa L. Dukes. No further extensions of time will be allowed, except in extraordinary circumstances. CMD [48] [6756132] [15-2783] (MM) [Entered: 06/07/2016 09:38 AM]
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| Filing 47 Pro se motion filed by Appellant Theresa L. Dukes for extension of time to file appellant's reply brief. [47] [6755954] [15-2783] (JO) [Entered: 06/06/2016 03:07 PM] |
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Filing 46
Order issued GRANTING motion to extend time to file appellant's reply brief [ # 45 ] Appellant's reply brief, if any, is due on or before 06/17/2016 for Appellant Theresa L. Dukes. CMD [46] [6749491] [15-2783] (CG) [Entered: 05/10/2016 03:45 PM]
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| Filing 45 Pro se motion filed by Appellant Theresa L. Dukes to extend time to file appellant's reply brief. [45] [6749468] [15-2783] (DM) [Entered: 05/10/2016 03:28 PM] |
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Filing 44
ORDER re: 1. Plaintiff-appellant's motion for extension of time to file reply brief. 2. Plaintiff-appellant's motion to allow submissoin of reply brief in digital format on computer disk to the court and appellees or in the alternative submit a single copy of brief. Appellant's request for an extension is GRANTED. Her reply brief, if any, is due by 5/18/16. [ # 43 ] Further, appellant's request to file an electronic version of her reply brief is GRANTED. Dukes may file her brief electronically or, alternatively, file one paper copy of her brief with this court. Dukes must also serve a copy of her reply brief on appellees. SCR [44] [6742744] [15-2783] (VG) [Entered: 04/13/2016 09:38 AM]
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| Filing 43 Prose motion filed by Party Theresa L. Dukes to extend time to file appellant's reply brief. 1 copy Motion to file Appellant Reply Brief in digital format or to submit a single copy of the Brief tendered. [43] [6742268] [15-2783] (JO) [Entered: 04/11/2016 02:50 PM] |
| Filing 42 Appellee's brief filed by Appellees Eric Cox, Joe Schmidt and Jeff Sego. Paper copies due on 04/11/2016 Electronically Transmitted. [42] [6740607] [15-2783] (SK) [Entered: 04/04/2016 03:43 PM] |
| Filing 41 Submitted Joint Appendix by Daniel J. Layden for Appellees Eric Cox, Joe Schmidt and Jeff Sego. [41] [6740518] [15-2783] (Layden, Daniel) [Entered: 04/04/2016 02:05 PM] |
| Filing 40 Submitted appellee brief by Daniel J. Layden for Appellees Eric Cox, Joe Schmidt and Jeff Sego. [40] [6740516] [15-2783] (Layden, Daniel) [Entered: 04/04/2016 02:02 PM] |
| Filing 39 Appearance form filed by Attorney Kelly J. Pautler for Appellee Jeff Sego. [39] [6734705] (L-No; E-Yes; R-Yes) [15-2783]--[Edited 03/10/2016 by FP to reflect that atty. Wilson is termed and atty. Pautler is added to the docket.] (Pautler, Kelly) [Entered: 03/10/2016 06:44 AM] |
| Filing 38 10 copies Appellant's brief filed by Appellant Theresa L. Dukes. Disk not required. [38] [6734117] [15-2783] (JO) [Entered: 03/08/2016 11:03 AM] |
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Filing 37
ORDER re: 1. Plaintiff-Appellant's Emergency Motion to Stay Appellate Proceedings and Request to File Medical Documentation Under Seal or in the Alternative Request Extension of Time to File Initial Brief. [ # 35 ] 2. Appellees' Objection to Appellant's Emergency Motion to Stay Appellate Proceedings and Request to File Medical Documentation Under Seal or in the Alternative Request Extension of Time to File Initial Brief. The appellant's motion is GRANTED only to the extent that her brief is due by 03/03/2016. No further extensions of the briefing schedule will be granted. The remainder of briefing shall proceed as follows: Appellees' briefs due on or before 04/04/2016 for Eric Cox, Sergeant, Joe Schmidt and Jeff Sego. Appellant's reply brief, if any, is due on or before 04/18/2016 for Appellant Theresa L. Dukes. IT IS FURTHER ORDERED that appellant's request to submit medical documentation under seal is DENIED as unnecessary because the court does not need the documentation. SCR [ # 35 ] [37] [6725741] [15-2783] (MM) [Entered: 02/03/2016 10:49 AM]
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| Filing 36 Filed Response in Opposition by Appellees Eric Cox and Joe Schmidt to Appellant's Emergency Motion to Stay Appellate Proceedings and Request to File Medical Documentation Under Seal or in the Alternative Request Extension of Time to File Initial Brief. [36][6725310] [15-2783] (Layden, Daniel) [Entered: 02/02/2016 09:03 AM] |
| Filing 35 Pro se emergency motion filed by Appellant Theresa L. Dukes to stay appellate proceedings and request to file medical documentation under seal or in the alternative request extension of time to file initial brief. [35] [6725263] [15-2783] (DM) [Entered: 02/01/2016 04:48 PM] |
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Filing 34
Order issued GRANTING motion to extend time to file appellant's brief. [ # 33 ] Appellant's brief due on or before 01/29/2016 for Theresa L. Dukes. Appellees' briefs due on or before 02/29/2016 for Eric Cox, Sergeant, Joe Schmidt and Jeff Sego. Appellant's reply brief, if any, is due on or before 03/14/2016 for Appellant Theresa L. Dukes. CMD [34] [6718146] [15-2783] (MM) [Entered: 12/30/2015 03:59 PM]
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| Filing 33 Emergency motion for extension of time to file initial brief filed by Appellant Theresa L. Dukes. [33] [6718132] [15-2783] (AB) [Entered: 12/30/2015 03:34 PM] |
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Filing 32
ORDER re: Plaintiff-appellant's motion and/or request for clarification to file redacted versions of sealed documents and medical documentation filed on 12/21/15 by pro se appellant Theresa L. Dukes. In appellant's motion to seal she said that the sealed documents were not relevant to the issues on appeal, so this court returned them to the district court to be maintained under seal in that court. Because the sealed documents are no longer part of the record on appeal, it was not necessary for appellant to file redacted versions of the documents. If appellant now believes that any of the sealed documents are relevant to her appeal, she must ask the clerk of the district court to retransmit those documents to this court. If any sealed documents are retransmitted here, this court will give appellant 14 days to ask this court to maintain the documents under seal and file redacted versions of the documents. SCR [32] [6717879] [15-2783] (VG) [Entered: 12/30/2015 09:38 AM]
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| Filing 31 Pro se motion filed by Appellant Theresa L. Dukes for clarification and/or request for clarification to file redacted versions of sealed documents and medical documentation. [31] [6716407] [15-2783] (JO) [Entered: 12/21/2015 04:14 PM] |
| Filing 30 Filed electronic transcript of proceedings held on 12/3/14. [30] [6711302] THIS TRANSCRIPT IS FOR INTERNAL COURT USE ONLY. Remote electronic access to the transcript is ONLY available through the District Court's PACER system. [15-2783] (SK) [Entered: 12/01/2015 10:20 AM] |
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Filing 29
ORDER: re: 1. Plaintiff-appellant's emergency motion for extension of time to file initial brief or in the alternative allow reference to materials that are not available to the court in the appellate record. 2. Plaintiff-appellant's motion to allow submission of brief in digital format on computer disk to the court and appellees or in the alternative to submit a single copy of a brief. [ # 27 ] Theresa Dukes's motion for an extension is GRANTED only to the extent that the deadline for filing her brief is extended to December 28, 2015. Dukes's motion to file an electronic version of her opening brief is GRANTED. Dukes may file one pdf copy of her brief or, alternatively, one paper copy of her brief with this court. Dukes must also serve a copy of her brief on appellees. Briefing shall proceed as follows:Appellant's brief due on or before 12/28/2015 for Theresa L. Dukes. Appellee's brief due on or before 01/27/2016 for Eric Cox, Sergeant, Joe Schmidt and Jeff Sego. Appellant's reply brief, if any, is due on or before 02/10/2016 for Appellant Theresa L. Dukes. SCR [29] [6710338] [15-2783] (CG) [Entered: 11/24/2015 03:30 PM]
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| Filing 28 Pro se motion filed by Appellant Theresa L. Dukes to allow submission of brief in digital format on computer disk to the Court and Appellees or in the alternative to submit a single copy of brief. [28] [6709965] [15-2783] (DM) [Entered: 11/23/2015 04:53 PM] |
| Filing 27 Pro se emergency motion filed by Appellant Theresa L. Dukes for extension of time to file inital brief or in the alternative allow reference to materials that are not available to the Court in the appellate record. [27] [6709964] [15-2783] (DM) [Entered: 11/23/2015 04:51 PM] |
| Filing 26 Filed Seventh Circuit Transcript Information Sheet by Appellant Theresa L. Dukes. [26] [6709898] [15-2783] (CMD) [Entered: 11/23/2015 03:43 PM] |
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Filing 25
ORDER re: Appellees response to appellant's motion for extension of time to file initial brief, which the court construes as a motion to reconsider its order dated October 26, 2015. The motion to reconsider is DENIED. The court granted the appellant only a thirty-day extension of time in which to file her opening brief. [ # 24 ] JKL [25] [6702928] [15-2783] (FP) [Entered: 10/26/2015 12:00 PM]
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| Filing 24 Filed Response in Opposition by Appellees Eric Cox and Joe Schmidt to Appellant's Motion for Extension of Time to File Initial Brief. [24][6702831] [15-2783] (Layden, Daniel) [Entered: 10/26/2015 10:10 AM] |
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Filing 23
Order issued GRANTING plaintiff-appellant's motion for extension of time to file inital brief only the the extent that briefing will proceed as follows: [ # 22 ] Appellant's brief due on or before 11/25/2015 for Theresa L. Dukes. Appellees' briefs due on or before 12/28/2015 for Eric Cox, Sergeant, Joe Schmidt and Jeff Sego. Appellant's reply brief, if any, is due on or before 01/11/2016 for Appellant Theresa L. Dukes. JKL [23] [6702813] [15-2783] (VG) [Entered: 10/26/2015 09:44 AM]
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| Filing 22 Pro se motion filed by Appellant Theresa L. Dukes to extend time to file appellant's brief. [22] [6702750] [15-2783] (DM) [Entered: 10/23/2015 04:52 PM] |
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Filing 21
ORDER re: Plaintiff-appellant's amended motion to maintain sealed documents and request documents be returned to district court to remain under seal in that court and request to file redacted versions of sealed documents. Appellant's request to return the sealed documents to the district court is GRANTED. The clerk of this court shall remove from this court's docket the 16 sealed documents filed electronically in this court on September 15. The documents shall be maintained under seal in the district court. [ # 20 ] SCR [21] [6702334] [15-2783] (AP) [Entered: 10/22/2015 02:28 PM]
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| Filing 20 Pro se amended motion filed by Appellant Theresa L. Dukes to maintain sealed documents and request documents be returned to district court and request to file redacted versions of sealed documents. [20] [6701443] [15-2783] (EF) [Entered: 10/20/2015 11:54 AM] |
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Filing 19
ORDER re: Appellant's motion to maintain sealed documents or in the alternative request for extension of time to file amended motion to maintain sealed documents, filed on 9/30/15. Appellant's request for an extension of time is GRANTED. Appellant shall file an amended motion to maintain documents under seal by October 20, 2015. Appellant is reminded that if a document is not relevant to the issues being resolved on appeal, she can request that the document be returned to the district court to remain under seal in that court. See Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 548 (7th Cir. 2002). And if one portion of a document contains confidential information, appellant may request to file a redacted version of the document, with the confidential portion removed, that can be filed in the public record. [ # 18 ].SCR [19] [6697917] [15-2783] (FP) [Entered: 10/06/2015 10:05 AM]
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| Filing 18 Filed Appellant Theresa L. Dukes response to maintain sealed documents or in the alternative request for extension of time to file amended motion to mainatin sealed documents. [18] [6696611] [15-2783] (EF) [Entered: 09/30/2015 04:08 PM] |
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Filing 17
ORDER: 1. Motion for appointment of counsel filed on 9/11/15. 2. Appellees' response to appellant's motion to appoint counsel, filed on 9/21/15. The motion for recruitment of counsel is DENIED. See Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007); Farmer v. Haas, 990 F.2d 319, 321 (7th Cir. 1993). Theresa Dukes has not requested leave to proceed in forma pauperis or demonstrated that she is indigent. Dukes has also not explained how her health issues affect her ability to represent herself. Briefing in the appeal will proceed as follows: [ # 7 ] Appellant's brief due on or before 10/26/2015 for Theresa L. Dukes. Appellee's brief due on or before 11/25/2015 for Eric Cox, Sergeant, Joe Schmidt and Jeff Sego. Appellant's reply brief, if any, is due on or before 12/09/2015 for Appellant Theresa L. Dukes. SCR [17] [6695128] [15-2783] (FP) [Entered: 09/24/2015 01:38 PM]
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| Filing 16 Filed Response in Opposition by Appellees Eric Cox and Joe Schmidt to Appellant's Motion to Appoint Counsel. [16][6694090] [15-2783] (Layden, Daniel) [Entered: 09/21/2015 03:33 PM] |
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Filing 15
ORDER: This Court has received 16 electronic files under seal from the district court. All documents filed in this Court, except those required to be sealed by statute or rule are considered public. Pursuant to 7th Circuit Operating Procedure 10(b), documents sealed in the district court will be maintained under seal in this Court for 14 days, to afford time to request the approval required by section (a) of this operating procedure. Absent a motion from a party these sealed documents will be placed in the public record on 10/01/2015. Motion shall be filed by 09/30/2015 [15] [6693169] [15-2783] (RT) [Entered: 09/16/2015 04:31 PM]
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| Filing 14 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William W. Barrett for Appellees Eric Cox and Joe Schmidt. [14] [6693009] (L-No; E-Yes; R-No) [15-2783] [Edited 09/16/2015 by CAG to reflect the addition of counsel.] (Barrett, William) [Entered: 09/16/2015 01:04 PM] |
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Filing 13
ORDER re: Appellant's motion to waive fees for district court transcripts, filed on 9/14/15. Appellant Theresa Dukes's request to waive the cost of the transcripts is DENIED without prejudice to renewal in the district court. A party permitted to appeal in forma pauperis may request via motion that the fees for transcripts "be paid by the United States if the trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a substantial question)." 28 U.S.C. 753(f). Dukes has not yet asked to proceed in forma pauperis, but may request in forma pauperis status for the purpose of requesting transcripts. Any request should be accompanied by an asset affidavit demonstrating that she is unable to pay the cost of the requested transcripts. [ # 8 ] SCR [13] [6692998] [15-2783] (FP) [Entered: 09/16/2015 12:11 PM]
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| Filing 12 Supplemental record on appeal filed electronically. Contents of record : 16 sealed documents. [12] [6692750] [15-2783] (SK) [Entered: 09/15/2015 03:24 PM] |
| Filing 11 Original record on appeal filed electronically. Contents of record : 9 vol. of pleadings. [11] [6692719] [15-2783] (SK) [Entered: 09/15/2015 03:00 PM] |
| Filing 10 Notice to the District Court to transmit the record on appeal. Record on Appeal due by 10/15/2015 [10] [6692565] [15-2783] (JK) [Entered: 09/15/2015 11:26 AM] |
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Filing 9
ORDER: The court, on its own motion, orders that briefing is SUSPENDED pending a ruling on the appellant's motion for appointment of counsel. JK [9] [6692545] [15-2783] Date updated: 09/25/2015 (JK) [Entered: 09/15/2015 11:08 AM]
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| Filing 8 Pro se motion filed by Appellant Theresa L. Dukes to waive fees for district court transcripts. [8] [6692511] [15-2783] (EF) [Entered: 09/15/2015 10:38 AM] |
| Filing 7 Pro se motion filed by Appellant Theresa L. Dukes to appoint counsel. [7] [6691835] [15-2783] (JO) [Entered: 09/11/2015 03:02 PM] |
| Filing 6 Filed Seventh Circuit Transcript Information Sheet by Appellant Theresa L. Dukes. [6] [6690064] [15-2783] (EF) [Entered: 09/03/2015 03:21 PM] |
| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Frances Barrow for Appellee Jeff Sego. [5] [6690011] (L-Yes; E-Yes; R-No) [15-2783]--[Edited 09/03/2015 by FP to reflect atty. Barrow is added to the docket.] (Barrow, Frances) [Entered: 09/03/2015 02:29 PM] |
| Filing 4 Docketing Statement filed by Appellant Theresa L. Dukes. Prior or Related proceedings: No. [4] [6688209] [15-2783] (EF) [Entered: 08/27/2015 02:13 PM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Daniel J. Layden for Appellees Eric Cox and Joe Schmidt. [3] [6688183] (L-Yes; E-Yes; R-No) [15-2783] (Layden, Daniel) [Entered: 08/27/2015 01:41 PM] |
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Filing 2
ORDER: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinated briefing will be stricken. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). [6687418] [2] [6687418] [15-2783] (AP) [Entered: 08/25/2015 09:30 AM]
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| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant Theresa L. Dukes by 08/26/2015. Transcript information sheet due by 09/03/2015. Appellant's brief due on or before 09/29/2015 for Theresa L. Dukes [1] [6686601] [15-2783] (VG) [Entered: 08/20/2015 02:43 PM] |
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