Larry Oruta v. Continental Air Transport Comp, et al
| COOK COUNTY, ILLINOIS, FIFTH THIRD BANK, CONTINENTAL AIR TRANSPORT COMPANY, INCORPORATED and B.E.W. |
| LARRY ORUTA |
| 17-3263 |
| October 31, 2017 |
| U.S. Court of Appeals, Seventh Circuit |
| Banks and Banking |
Docket Report
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Filing 38
ORDER: On 09/17/2018, this court sanctioned Larry Oruta $500 for filing a frivolous appeal. The sanction was to be paid to the clerk of this court on or before 10/01/2018, but appellant has failed to pay the sanction. Unless and until Oruta pays all outstanding filing fees and sanctions, the clerks of all federal courts in this circuit are directed to return unfiled any papers submitted either directly or indirectly by him or on his behalf. See In re City of Chi., 500 F.3d 582, 585-86 (7th Cir. 2007); Support Sys. Intl, Inc. v. Mack, 45 F.3d 185, 186 (7th Cir. 1995) (per curiam). In accordance with our decision in Mack, exceptions to this filing bar are made for criminal cases and for applications for writs of habeas corpus. See Mack, 45 F.3d at 186-87. This order will be lifted immediately once Oruta makes full payment. See City of Chi., 500 F.3d at 585-86. If Oruta, despite his best efforts, is unable to pay in full all outstanding sanctions and filing fees, no earlier than two years from the date of this order he is authorized to submit to this court a motion to modify or rescind this order. See id.; Mack, 45 F.3d at 186. JPK [38] [6957682] [17-3263] (MM) [Entered: 10/10/2018 03:31 PM]
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Filing 37
ORDER re: Motion to recall the mandate, filed on 9/20/18. To the extent that the appellant seeks review of this court's final judgment, he should file a petition for certiorari with the United States Supreme Court, in accordance with the Supreme Court's rules. [ # 36 ] CMD [37] [6953615] [17-3263] (FP) [Entered: 09/21/2018 03:09 PM]
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| Filing 36 Pro se motion filed by Appellant Larry Oruta for leave to file direct appeal pursuant to US SCT Fed. R. 11. [36] [6953303] [17-3263] (JR) [Entered: 09/20/2018 03:41 PM] |
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Filing 35
ORDER: re: Motion for replacement of briefs already filed. On August 9, 2018, this court affirmed the judgment in this successive appeal and ordered Larry Oruta to show cause why he should not be sanctioned for filing a frivolous appeal. Oruta has responded to the show cause order, but does not offer a valid justification for his persistence in pursuing frivolous claims. Larry Oruta is sanctioned $500 for filing frivolous appeals. Within fourteen days of the date of this order, Oruta must tender a check payable to the clerk of this court for the full amount of the sanction and any outstanding filing fees. If Oruta fails to pay the sanction and filing fees by the due date, this court will enter an order directing the clerks of all federal courts in this circuit to return unfiled any papers submitted either directly or indirectly by or on behalf of the appellant unless and until he pays in full the sanction that has been imposed against him and any outstanding filing fees. See Support Systems Intl Inc. v. Mack, 45 F.3d 185, 186 (7th Cir. 1995) (per curiam). Orutas permission to proceed in forma pauperis in this court is hereby REVOKED until he pays in full the sanction and any accumulated, but unpaid filing fees. JPK. [35] [6952214] [17-3263] (CG) [Entered: 09/17/2018 11:21 AM]
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| Filing 34 Mandate issued. No record to be returned. [34] [6951525] [17-3263] (MM) [Entered: 09/13/2018 09:41 AM] |
| FOR COURT USE ONLY: Certified copy of 08/09/2018 Nonprecedential Disposition, Final Judgment and Mandate sent to the District Court Clerk. [6951530-2] [6951530] [17-3263] (MM) [Entered: 09/13/2018 09:47 AM] |
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Filing 33
ORDER re: Motion to file replacement brief. IT IS ORDERED that the motion is DENIED. [ # 32 ] JPK [33] [6950152] [17-3263] (VG) [Entered: 09/07/2018 11:43 AM]
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| Filing 32 Prose motion filed by Larry Oruta to file instanter replacement brief. 1 copy of amended brief tendered. [32] [6948721] [17-3263] (AP) [Entered: 08/30/2018 04:29 PM] |
| Filing 31 Filed Showcause Response by Appellant Larry Oruta. [31][6947817] [17-3263] (AP) [Entered: 08/28/2018 09:09 AM] |
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Filing 30
ORDER: Final judgment filed per nonprecedential disposition. With costs: no. [30] [6944112] [17-3263] (VG) [Entered: 08/09/2018 04:35 PM]
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| Filing 29 Filed Nonprecedential Disposition PER CURIAM. AFFIRMED. Oruta has 14 days to show cause why he should not be penalized for filing this frivolous appeal. Frank H. Easterbrook, Circuit Judge; Michael S. Kanne, Circuit Judge and David F. Hamilton, Circuit Judge. Sent Certified Mail. Receipt Number: 7016 0340 0001 1335 3128 [29] [6944106] [17-3263] (VG) [Entered: 08/09/2018 04:32 PM] |
| Filing 28 10 copies CORRECTED Appellant's brief filed by Appellant Larry Oruta. Disk not required. [28] [6941946] [17-3263] (CCG) [Entered: 07/31/2018 03:03 PM] |
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Filing 27
ORDER issued GRANTING motion to file amended complaint to the extent that the clerk shall file INSTANTER the tendered corrected brief of the appellant. This brief replaces the brief filed on July 27, 2018. [ # 26 ] CMD [27] [6941882] [17-3263] (CMD) [Entered: 07/31/2018 01:56 PM]
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| Filing 26 Prose motion filed by Party Larry Oruta to file corrected brief. 1 copy corrected brief tendered. [26] [6941666] [17-3263] (CG) [Entered: 07/30/2018 04:23 PM] |
| Filing 25 10 copies Appellant's brief filed by Appellant Larry Oruta. Disk not required. [25] [6941473] [17-3263]--[Edited 07/31/2018 by CD to reflect REPLACED per the court's order dated 7/31/2018.] (CCG) [Entered: 07/30/2018 11:03 AM] |
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Filing 24
ORDER re: Recall and Stay of Mandate Motion filed by appellant in appeal no. 17-3305. To the extent that the appellant seeks an extension of time in appeal 17-3263, the appellant shall file his brief in appeal 17-3263 by July 27, 2018. The rule to show cause dated June 11, 2018, is DISCHARGED. The appellant is reminded that on February 1, 2018, the court dismissed appeal 17-3305 as unnecessary. CMD [24] [6934376] [17-3263, 17-3305] (AD) [Entered: 06/27/2018 02:08 PM]
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Filing 23
ORDER: Appellant Larry Oruta is directed to showcause as to why this appeal should not be dismissed for lack of prosecution pursuant to C. R. 31(c)(2). ME. Briefing is SUSPENDED pending further court order. Response to Rule to Showcause due for Appellant Larry Oruta by 06/25/2018. Sent Certified Mail. Receipt Number: 7017 2680 0001 1549 8047. [23] [6930631] [17-3263] (ME) [Entered: 06/11/2018 10:58 AM]
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Filing 22
ORDER: On April 26, 2018, the court was notified that the remainder of the appellate filing fee was received. Accordingly, briefing will now proceed as follows: The brief and required short appendix of the appellant are due by May 29, 2018. JR [6920888] [17-3263] (CR) [Entered: 04/27/2018 10:37 AM]
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| Notification from the District Court that the remaining appeal docketing fee of $35 was received (receipt #4624201739). [6920525-2] [6920525] [17-3263] (JR) [Entered: 04/26/2018 09:30 AM] |
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Filing 21
ORDER re: 1. Motion to request stay of appeal pending full payment of court fee waiver. 2. Motion to file balance of court fees from prior payment. IT IS ORDERED that the clerk of this court shall send the money order in the amount of $15 and the check in the amount of $20 to the clerk of the district court to be applied to the appellate filing fees. Once this court receives confirmation from the district court that the check has cleared, the appellate filing fees will have been paid in full and the court will set a briefing schedule for the appeal. JKL [21] [6914773] [17-3263] (VG) [Entered: 04/02/2018 02:21 PM]
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| Filing 20 Pro se motion filed by Appellant Larry Oruta to file balance of court fees. [20] [6914518] [17-3263] (JR) [Entered: 03/30/2018 03:45 PM] |
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Filing 19
Order issued money order in the amount of $220.00. The clerk of this court shall send the MONEY ORDER to the clerk of the district court. CC [19] [6914199] [17-3263] (RT) [Entered: 03/29/2018 03:48 PM]
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| Filing 18 Pro se motion filed by Appellant Larry Oruta to request stay of appeal pending full payment of court fee waiver of $35.00. [18] [6913605] [17-3263] (JR) [Entered: 03/27/2018 04:48 PM] |
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Filing 17
ORDER: re: Motion to stay appeal pursuant to court fee waiver. A review of the court's docket indicates that the petitioner has paid $250.00 of the $505.00 appellate filing fee. The petitioner is reminded that he still owes a balance of $255.00. Accordingly, the motion is GRANTED to the extent that the appellant shall pay the remaining balance in the district court by March 28, 2018. Failure to comply with this order may result in the dismissal of this appeal for failure to prosecute pursuant to Circuit Rule 3(b). Sent Certified Mail. Receipt Number: 7016 0340 0001 1333 3243. CMD [17] [6906267] [17-3263] (CG) [Entered: 02/26/2018 11:04 AM]
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| Filing 16 Pro se motion filed by Appellant Larry Oruta to stay appeal pursuant to court fee waiver previously granted 45 days due on 2/13/18 as a result of complication of weather. [16] [6906047] [17-3263] (AP) [Entered: 02/23/2018 04:13 PM] |
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Filing 15
Order issued money order in the amount of $250.00. The clerk of this court shall send the MONEY ORDER to the clerk of the district court. CC [15] [6905907] [17-3263] (RT) [Entered: 02/23/2018 01:38 PM]
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Filing 14
ORDER re: Motion to extend time to pay filing fees. IT IS ORDERED that the motion is DENIED. [ # 13 ] CMD [14] [6904587] [17-3263] (AP) [Entered: 02/20/2018 09:38 AM]
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| Filing 13 Pro se motion filed by Appellant Larry Oruta to extend time to pay filing fees. [13] [6904149] [17-3263] (JR) [Entered: 02/15/2018 03:58 PM] |
| Filing 12 Pro se motion filed by Appellant Larry Oruta to extend time to file allow for fund raise to pay court fee. [12] [6892554] [17-3263] (ER) [Entered: 12/27/2017 03:47 PM] |
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Filing 11
Order issued GRANTING motion to extend time to pay court fees. The appellant shall pay the required appellate filing fees by February 12, 2018. No further extensions of time to pay the fees will be granted. Failure to pay the fees by February 12, 2018, will result in the dismissal of the appeal. See Cir. R. 3(b). [ # 10 ] JKL [11] [6892445] [17-3263] Sent Certified Mail. Receipt Number: 70160340000113341712. [11] [6892445] [17-3263] (CMD) [Entered: 12/27/2017 02:11 PM]
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| Filing 10 Pro se motion filed by Appellant Larry Oruta to extend time to pay court fees previously waived by State Courts but wrongfully denied by Federal Courts. [10] [6892309] [17-3263] (VG) [Entered: 12/27/2017 10:17 AM] |
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Filing 9
ORDER: re: 1. Motion to waive fees pursuant Title 28 USC(1915)(c). 2. Motion to waive fees pursuant Title USC(1915). The motion for leave to proceed on appeal in forma pauperis is DENIED. The appellant shall pay the required docketing fee within 14 days, or else this appeal will be dismissed for failure to prosecute pursuant to Circuit Rule 3(b). Sent Certified Mail. Receipt Number: 7016 0340 0001 1333 3106. [ # 7 ] JKL [9] [6889940] [17-3263] (CG) [Entered: 12/13/2017 09:55 AM]
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| Filing 8 Docketing Statement filed by Appellant Larry Oruta. Prior or Related proceedings: Yes. 17-3305 [8] [6885822] [17-3263] (JR) [Entered: 11/22/2017 01:56 PM] |
| Filing 7 Prose motion filed by Appellant Larry Oruta in 17-3263 & 17-3305 to waives fees. (Affidavit accompanying motion for permission to appeal in forma pauperis is included.) [7] [6885820] [17-3263, 17-3305] (JR) [Entered: 11/22/2017 01:53 PM] |
| Filing 6 Original record on appeal filed electronically. Contents of record : 2 vol. of pleadings. [6] [6883089] [17-3263] (CCG) [Entered: 11/13/2017 10:32 AM] |
| Filing 5 Notice to the District Court to transmit the record on appeal. Record on Appeal due by 12/08/2017 [5] [6882534] [17-3263] (JK) [Entered: 11/08/2017 11:48 AM] |
| Filing 4 Prose motion filed by Appellant Larry Oruta to proceed on appeal in forma pauperis. [4] [6882085] [17-3263] (MM) [Entered: 11/07/2017 09:36 AM] |
| Filing 3 Filed district court order dated 11/01/2017: MINUTE entry before the Honorable Gary Feinerman: Motion to waive fees is DENIED. Because Plaintiff has a duplicative case on appeal from Case No. 17 C 3039, his proposed appeal in this case is not taken in good faith, and he therefore may not appeal. Forwarded to the the Clerk of the United States Court of Appeals, Seventh Circuit. [3] [6882083] [17-3263] (MM) [Entered: 11/07/2017 09:34 AM] |
| Filing 2 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [2] [6880333] [17-3263] (CG) [Entered: 10/31/2017 11:51 AM] |
| Filing 1 Private civil case docketed. IFP pending in the District Court. Docketing statement filed. Transcript information sheet due by 11/14/2017. [1] [6880325] [17-3263] (CG) [Entered: 10/31/2017 11:44 AM] |
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