David Johnson v. UAL, et al
| UNITED AIRLINES, INC., a Delaware corporation and UNITED CONTINENTAL HOLDINGS, INC., a Delaware corporation |
| DAVID JOHNSON, individually and on behalf of a class of similarly situated individuals |
| 19-1785 |
| April 24, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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Filing 27
ORDER: Final judgment filed per opinion. United and Southwest recover costs. [27] [7011217] [18-3476, 19-1785] (AD) [Entered: 06/13/2019 04:03 PM]
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| Filing 26 Filed opinion of the court by Judge Easterbrook. In Miller v. Southwest Airlines , No. 18-3476, the judgment of the district court is AFFIRMED . In Johnson v. United Airlines , No. 19-1785, the judgment is VACATED , and the case is REMANDED with instructions to refer the parties' dispute to an adjustment board. Diane P. Wood, Chief Circuit Judge; William J. Bauer, Circuit Judge and Frank H. Easterbrook, Circuit Judge. [26] [7011207] [18-3476, 19-1785] (AD) [Entered: 06/13/2019 03:54 PM] |
| Filing 25 Supplemental Statement and sworn declaration in support of jurisdiction filed by Appellants UAL and United Continental Holdings, Inc, per order.[25] [7010964] [19-1785] (AP) [Entered: 06/13/2019 09:10 AM] |
| Filing 24 INSTANTER ORDER re: Motion for leave to file instanter supplemental statement and sworn declaration in support of jurisdiction. IT IS ORDERED that the motion is GRANTED. The clerk of this court shall file instanter the tendered supplemental statement and distribute copies to the assigned merits panel. [ # 23 ]. RFG [24] [7010958] [19-1785] (AP) [Entered: 06/13/2019 08:58 AM] |
| Filing 23 Motion filed by Appellants United Continental Holdings, Inc. and UAL FOR LEAVE TO FILE INSTANTER SUPPLEMENTAL STATEMENT AND SWORN DECLARATION IN SUPPORT OF JURISDICTION. [23] [7010800] [19-1785] (Dolph, Ada) [Entered: 06/12/2019 02:31 PM] |
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Filing 22
ORDER issued DENYING Plaintiff-appellees Motion for Leave to File Supplemental Brief Regarding Article Iii Jurisdiction. [ # 21 ] The subject should have been addressed in the principal briefs and at oral argument. RFG [22] [7009405] [19-1785] (AD) [Entered: 06/05/2019 04:06 PM]
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| Filing 21 Motion filed by Appellee David Johnson to file Supplemental Brief Regarding Article III Jurisdiction. [21] [7009117] [19-1785] (Geske, Paul) [Entered: 06/04/2019 10:08 PM] |
| Filing 20 Case argued by Ms. Ada W. Dolph for Appellants UAL and United Continental Holdings, Inc. and Paul T. Geske for Appellee David Johnson. [20] [7007351] [19-1785] (CH) [Entered: 05/28/2019 10:36 AM] |
| Filing 19 Case heard and taken under advisement by panel: Diane P. Wood, Chief Circuit Judge; William J. Bauer, Circuit Judge and Frank H. Easterbrook, Circuit Judge. [19] [7007350] [19-1785] (CH) [Entered: 05/28/2019 10:35 AM] |
| Filing 18 Received argument confirmation per email for Attorney Paul T. Geske for Appellee David Johnson. [18] [7006185] [19-1785] (CH) [Entered: 05/21/2019 03:09 PM] |
| Filing 17 Received argument confirmation per argument email form for Attorney Ms. Ada W. Dolph for Appellants UAL and United Continental Holdings, Inc.. [17] [7006184] [19-1785] (CH) [Entered: 05/21/2019 03:08 PM] |
| Filing 16 Appellant's reply brief filed by Appellants UAL and United Continental Holdings, Inc.. Paper copies due on 05/24/2019. Electronically Transmitted. [16] [7005937] [19-1785] Date updated: 05/20/2019 (GW) [Entered: 05/20/2019 04:01 PM] |
| Filing 15 Submitted appellant reply brief by Ada W. Dolph for Appellants UAL and United Continental Holdings, Inc.. [15] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7005886] [19-1785] (Dolph, Ada) [Entered: 05/20/2019 03:00 PM] |
| Filing 14 Received argument confirmation from Ada W. Dolph for Appellants United Continental Holdings, Inc. and UAL. [14] [7005776] [19-1785] (Dolph, Ada) [Entered: 05/20/2019 11:18 AM] |
| Filing 12 Re-Submitted appellee brief by Paul T. Geske for Appellee David Johnson. [12] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7005276] [19-1785] (Geske, Paul) [Entered: 05/16/2019 02:18 PM] |
| Filing 13 Appellee's brief filed by Appellee David Johnson. Paper copies due on 05/23/2019. Electronically Transmitted. [13] [7005294] [19-1785] (DSL) [Entered: 05/16/2019 02:59 PM] |
| Filing 11 Brief deficiency letter sent to Appellee David Johnson. [11] [7004419] [19-1785] (DSL) [Entered: 05/14/2019 09:24 AM] |
| Filing 10 Submitted appellee brief by Paul T. Geske for Appellee David Johnson. [10] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7004372] [19-1785] (Geske, Paul) [Entered: 05/13/2019 11:57 PM] |
| Filing 9 Amended Docketing Statement filed by Appellants UAL and United Continental Holdings, Inc.. Prior or Related proceedings: Yes. 19-8008 [9] [7003031] [19-1785] (Dolph, Ada) [Entered: 05/07/2019 02:32 PM] |
| Filing 8 Appellant's brief filed by Appellants UAL and United Continental Holdings, Inc. Paper copies due on 05/09/2019. Electronically Transmitted. [8] [7002030] [19-1785] (MAN) [Entered: 05/02/2019 09:45 AM] |
| Filing 7 Submitted appellant brief by Ada W. Dolph for Appellants United Continental Holdings, Inc. and UAL. [7] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7001969] [19-1785] (Dolph, Ada) [Entered: 05/01/2019 04:40 PM] |
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Filing 6
ORDER: In the present case, defendants rely, in part, on diversity of citizenship for federal jurisdiction in this removed action. However, appellants Circuit Rule 3(c) docketing statement fails to identify the amount in controversy and the state of citizenship of the parties. Appellants must provide this information. It is insufficient to cite to 28 U.S.C. 1332. Further, defendants also rely on the existence of a federal question as a basis for the district courts jurisdiction. But Rule 28(a) requires an appellant to file a docketing statement which identifies the provision of the constitution or federal statute involved if, as appellants claim, jurisdiction is based on the existence of a federal question pursuant to 28 U.S.C. 1331. In the present case, appellants Circuit rule 3(c) docketing statement fails to set forth the federal statute or constitutional provision involved in this case. It is insufficient to cite 28 U.S.C. 1331. Accordingly, that appellants file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before May 7, 2019. (See order for further details.) DW [6] [7001541] [19-1785] (FP) [Entered: 04/30/2019 02:44 PM]
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| Filing 5 Argument set for Tuesday, May 28, 2019, at 9:30 a.m. in the Main Courtroom, Room 2721. Each side limited to 15 minutes. [5] [7001147] [19-1785] (DS) [Entered: 04/29/2019 02:17 PM] |
| Filing 4 Filed Seventh Circuit Transcript Information Sheet by Appellants UAL and United Continental Holdings, Inc.. [4] [7001122] [19-1785] (Dolph, Ada) [Entered: 04/29/2019 01:47 PM] |
| Filing 3 Docketing Statement filed by Appellants UAL and United Continental Holdings, Inc.. Prior or Related proceedings: No. [3] [7000989] [19-1785] (Dolph, Ada) [Entered: 04/29/2019 09:39 AM] |
| Filing 2 TEXT ENTRY: Pursuant to the court's 4/22/2019 order in No. 19-8008, briefing and oral argument in this appeal will proceed as follows: Appellants' brief and required short appendix is due by May 1, 2019. Appellee's brief is due by May 13, 2019. Appellants' reply brief, if any, is due by May 20, 2019. No extensions of time will be granted. Oral argument in this matter will be set during the week of May 28-31 and will be set by separate court order. [7000108] [19-1785] (AG) [Entered: 04/24/2019 10:21 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants United Airlines, Inc. and United Continental Holdings, Inc. by 04/29/2019. Transcript information sheet due by 05/08/2019. Appellant's brief due on or before 05/01/2019 for United Airlines, Inc. and United Continental Holdings, Inc. [1] [7000095] [19-1785] (AG) [Entered: 04/24/2019 10:08 AM] |
| Case transferred from Miscellaneous Docket No. 19-8008. [7000105-2] [7000105] [19-1785, 19-8008] (AG) [Entered: 04/24/2019 10:16 AM] |
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| Defendant / appellant: UNITED AIRLINES, INC., a Delaware corporation | |
| Represented By: | Thomas E. Ahlering |
| Represented By: | Ada W. Dolph |
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| Defendant / appellant: UNITED CONTINENTAL HOLDINGS, INC., a Delaware corporation | |
| Represented By: | Thomas E. Ahlering |
| Represented By: | Ada W. Dolph |
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| Plaintiff / appellee: DAVID JOHNSON, individually and on behalf of a class of similarly situated individuals | |
| Represented By: | Paul T. Geske |
| Represented By: | Jad Sheikali |
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