Jan Kowalski v. Gus Paloian
| GUS ANTHONY PALOIAN, not individually, but solely as Chapter 7 Trustee for the bankruptcy estate of Robert M. Kowalski |
| JAN R. KOWALSKI |
| In the Matter of: ROBERT M. KOWALSKI |
| 19-1804 |
| April 25, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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Filing 19
ORDER re: Reply and Motion for Sanctions to Appellants Motion to Expedite Appeal. [ # 18 ] In light of this courts May 31, 2019, order granting appellant's motion to expedite and summarily affirming the district courts order, appellant's reply in support of the motion to expedite will be filed without court action. Further, the request for sanctions is DENIED. A reply is not the proper place to request additional affirmative relief. Fed. R. App. 27(a)(4). JPK [19] [7009795] [19-1804] (AD) [Entered: 06/07/2019 10:37 AM]
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| Filing 18 Filed Appellant Jan R. Kowalski's reply and motion for sanctions to appellant's motion to expedite appeal. [18] [7008728] [19-1804] (PS) [Entered: 06/03/2019 04:21 PM] |
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Filing 17
ORDER re: Response to motion to expedite. In light of this courts May 31, 2019, order granting appellant's motion to expedite and summarily affirming the district courts order, IT IS ORDERED that appellant's response in support of the motion to expedite will be filed without court action. JPK [17] [7008623] [19-1804] (AP) [Entered: 06/03/2019 02:21 PM]
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| Filing 16 Filed Response by Appellant Jan R. Kowalski to motion to expedite. [16][7008475] [19-1804] (PS) [Entered: 05/31/2019 05:00 PM] |
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Filing 15
ORDER re: 1. Emergency motion to stay. 2. Motion to expedite appeal. 3. Response to Jan Kowalski's motion to expedite appeal. 4. Response to Jan Kowalski's motion to stay. [ # 6 ] [ # 9 ] IT IS ORDERED that the motion for stay of the bankruptcy courts contempt order is DENIED. IT IS FURTHER ORDERED that the motion to expedite is GRANTED only to the extent that the district courts order denying the stay is summarily AFFIRMED. After review of the record and the motions papers, this court has determined that any issues that could be raised are insubstantial and that further briefing would not be helpful to the courts consideration of the issues. See Mather v. Village of Mundelein, 869 F.2d 356, 357 (7th Cir. 1989) (court can decide case on motions papers and record where briefing would not assist the court and no member of the panel desires briefing or argument). This court has jurisdiction over this appeal from the denial of preliminary injunctive relief under 28 U.S.C. 1292(a)(1). See Conn. Nat. Bank v. Germain, 503 U.S. 249, 252 (1992) (28 U.S.C. 1292 applies to bankruptcy appeals); In re Forty-Eight Insulations, Inc., 115 F.3d 1294, 1299 (7th Cir. 1997) (same for 1292(a)). Appellant argues that this court also may review the district courts denial of the petition for writ of habeas corpus that she filed within the bankruptcy appeal. But the court declines to do so. Appellant may file a formal petition under 28 U.S.C. 2241 with the district court in the first instance. Michael S. Kanne, Circuit Judge; Ilana Diamond Rovner, Circuit Judge and Michael B. Brennan, Circuit Judge. [15] [7008370] [19-1804] (VG) [Entered: 05/31/2019 03:07 PM]
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| Filing 14 Filed District Court's 5/30/2019, final memorandum opinion and order, along with 11 separate judgment orders. Forwarded to DW / JPK. [14] [7008143] [19-1804] (JR) [Entered: 05/30/2019 03:51 PM] |
| Filing 13 Filed Response by Appellee Gus Anthony Paloian to Appellant Motion to Stay. [13][7007582] [19-1804] (Sinha, Devvrat) [Entered: 05/28/2019 10:21 PM] |
| Filing 12 Filed Bankruptcy Court's May 24, 2019 Order regarding Appellee's Incarceration by Appellee Gus Anthony Paloian. [12] [7007178] [19-1804] (Sinha, Devvrat) [Entered: 05/24/2019 03:30 PM] |
| Filing 11 Filed Response by Appellee Gus Anthony Paloian to Appellant's Motion to Expedite Appeal. [11][7006917] [19-1804] (Sinha, Devvrat) [Entered: 05/23/2019 05:35 PM] |
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Filing 10
ORDER: 1. Emergency motion to stay. 2. Motion to expedite appeal. Appellee shall respond to the motion to expedite by May 23, 2019. In that response, appellee should address whether appellants confinement, and therefore this appeal and the appeal(s) before the district court, are subject to 28 U.S.C. 1826. IT IS FURTHER ORDERED that appellee shall respond to the motion to stay the contempt order by May 28, 2019. In the response, appellee should address the following questions: 1. What specific orders of the bankruptcy court has appellant violated? 2. What specific actions has appellant taken to result in these violations? Has appellant violated the bankruptcy courts orders by unjustifiably refusing to answer questions or by answering questions falsely? 3. What specific steps must appellant take to purge the contempt? 4. Can appellant challenge her confinement through a petition for writ of habeas corpus under 28 U.S.C. 2241? JPK [10] [7005889] [19-1804] (PS) [Entered: 05/20/2019 03:03 PM]
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| Filing 9 Pro se motion filed by Appellant Jan R. Kowalski to expedite appeal. [9] [7005290] [19-1804] (VG) [Entered: 05/16/2019 02:51 PM] |
| Filing 8 Jurisdictional memorandum filed by Appellant Jan R. Kowalski. [8] [7005288] [19-1804] (VG) [Entered: 05/16/2019 02:49 PM] |
| Filing 7 Notification from the District Court that a motion to proceed on appeal in forma pauperis was filed on 5/14/2019 and is currently pending. [7] [7004854] [19-1804] (JR) [Entered: 05/15/2019 12:02 PM] |
| Filing 6 Pro se emergency motion filed by Appellant Jan R. Kowalski to stay. [6] [7004844] [19-1804] (CMD) [Entered: 05/15/2019 11:52 AM] |
| Filing 5 Jurisdictional memorandum filed by Appellee Gus Anthony Paloian. [5] [7004356] [19-1804] (Sinha, Devvrat) [Entered: 05/13/2019 04:59 PM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Devvrat Sinha for Appellee Gus Anthony Paloian. [4] [7004302] (L-No; E-Yes; R-No) [19-1804] (Sinha, Devvrat) [Entered: 05/13/2019 03:53 PM] |
| Filing 3 Docketing Statement filed by Appellant Jan R. Kowalski. Prior or Related proceedings: Yes. 18-3553 [3] [7003988] [19-1804] (PS) [Entered: 05/10/2019 04:26 PM] |
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Filing 2
ORDER: All parties shall file, on or before May 13, 2019, a brief memorandum discussing the basis for this courts appellate jurisdiction. See Espinosa v. Garrett, 895 F.2d 1164, 1166 (7th Cir. 1990) (every litigant has an obligation to bring appellate jurisdictional problems to the courts attention). Briefing shall be SUSPENDED pending further court order. (See order for further details) DW [7001218] [2] [7001218] [19-1804] (PS) [Entered: 04/29/2019 03:29 PM]
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| Filing 1 Bankruptcy from District Court case docketed. (Originating Bankruptcy Judge Jacqueline P. Cox) Fee due. Transcript information sheet due by 05/09/2019. Fee or IFP forms due on 05/09/2019 for Appellant Jan R. Kowalski. Docketing Statement due for Appellant Jan R. Kowalski by 05/02/2019. [1] [7000810] [19-1804] (AG) [Entered: 04/26/2019 12:27 PM] |
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