Dyson, Incorporated v. SharkNinja Operating LLC, et al
| DYSON, INCORPORATED |
| SHARKNINJA OPERATING LLC and SHARKNINJA SALES COMPANY |
| 19-1854 |
| April 30, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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Filing 26
ORDER re: Motion To Clarify May 20, 2019 Order Regarding Shark Ninja's Second Amended Docketing Statement, filed on 6/7/19. The motion is DENIED as unnecessary. See Miller v. Southwest Airlines Co., Nos. 18-3476, et al., slip op. at pp. 11-13 (7th Cir. June 13, 2019). The parties are reminded that briefing proceeds according to the schedule set out in the courts order of May 14, 2019. [ # 22 ] DW [26] [7011607] [19-1854, 19-1924] (FP) [Entered: 06/17/2019 11:08 AM]
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Filing 25
ORDER: Pursuant to Circuit Rule 33, all proceedings in this appeal are STAYED pending further court order.; counsel for the Appellant and Appellee is directed to make a telephonic or electronic mail status report to the Circuit Mediation Office on 07/15/2019. This requirement may be satisfied by filing a motion under Fed. R. App. P. 42(b) to dismiss the appeal. RJS [7011568] [19-1854, 19-1924] (AP) [Entered: 06/17/2019 09:28 AM]
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| Filing 24 Filed Response by Appellee Dyson, Incorporated in 19-1854, Appellant Dyson, Incorporated in 19-1924 to Defendants' Motion to Clarify. [24][7010343] [19-1854, 19-1924] (O'Quinn, John) [Entered: 06/10/2019 06:42 PM] |
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Filing 23
ORDER re: The Motion to Clarify the Courts May 20, 2019 Order Regarding SharkNinjas Second Amended Docketing Statement filed by defendants on June 7, 2019. IT IS ORDERED that plaintiff file, on or before June 14, 2019, a response to defendants motion, addressing whether plaintiff agrees to withdraw diversity jurisdiction as providing an alternative basis for the district courts jurisdiction. See 28 U.S.C. 1653. DW [23] [7009911] [19-1854, 19-1924] (AG) [Entered: 06/07/2019 03:17 PM]
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| Filing 22 Motion filed by Appellants SharkNinja Operating LLC and SharkNinja Sales Company in 19-1854 to clarify the Court's May 20, 2019 Order regarding SharkNinja's Second Amended Docketing Statement. [22] [7009717] [19-1854, 19-1924] (Castanias, Gregory) [Entered: 06/07/2019 09:05 AM] |
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Filing 21
ORDER re: Unopposed motion for extension of time. [ # 7007239-2 ] IT IS ORDERED that the motion is GRANTED. Plaintiff//appellant shall file its complete statement of jurisdiction by June 10, 2019. CMD [ # 19 ] [21] [7007379] [19-1924] (VG) [Entered: 05/28/2019 11:39 AM]
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Filing 20
ORDER re: Unopposed motion for extension of time. IT IS ORDERED that the motion is GRANTED. Defendants-appellants shall file their complete docketing statement by June 7, 2019. [ # 19 ] CMD [20] [7007185] [19-1854, 19-1924] (AG) [Entered: 05/24/2019 03:37 PM]
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| Filing 19 Motion filed by Appellants SharkNinja Operating LLC and SharkNinja Sales Company in 19-1854 to extend time to file the docketing statement [19] [7007115] [19-1854, 19-1924] (Castanias, Gregory) [Entered: 05/24/2019 02:33 PM] |
| Filing 18 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Megan M. New for Appellee Dyson, Incorporated. [18] [7006919] (L-No; E-Yes; R-No) [19-1854] [Edited 05/24/2019 by AG to reflect addition of counsel] (New, Megan) [Entered: 05/23/2019 06:08 PM] |
| Filing 17 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Matthew D. Rowen for Appellee Dyson, Incorporated. [17] [7006622] (L-No; E-Yes; R-No) [19-1854]--[Edited 05/23/2019 by PS - to reflect addition of counsel] (Rowen, Matthew) [Entered: 05/22/2019 08:54 PM] |
| Filing 16 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Gregg F. LoCascio for Appellee Dyson, Incorporated. [16] [7006621] (L-No; E-Yes; R-No) [19-1854]--[Edited 05/23/2019 by PS - to reflect addition of counsel] (Locascio, Gregg) [Entered: 05/22/2019 08:32 PM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Robin A. McCue for Appellee Dyson, Incorporated. [15] [7006619] (L-No; E-Yes; R-No) [19-1854] (McCue, Robin) [Entered: 05/22/2019 08:23 PM] |
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Filing 14
ORDER: Appellant shall file a complete statement of jurisdiction that includes the citizenship of all members of Euro-Pro Holdco, LLC. The statement is due on or before May 24, 2019. (See order for further details) DW [14] [7005812] [19-1924] (AG) [Entered: 05/20/2019 12:32 PM]
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Filing 13
ORDER: This matter comes before the court on consideration of Appellants Second Amended Docketing Statement filed by defendants on May 17, 2019. Defendants still have not provided a complete and correct Circuit Rule 3(c) Statement. Who are the members of Euro-Pro Holdco, LLC? Defendants must provide this information as the court explicitly informed defendants in its May 14, 2019, order And, the citizenship of such unincorporated association [i.e., SharkNinja Operating LLC] must be traced through however many layers of members there may be. Meyerson v. Harrahs East Chicago Casino, 299, [sic] F.3d 616, 617 (7th Cir. 2002). Accordingly, defendants shall file, on or before May 24, 2019, a complete Circuit Rule 3(c) Docketing Statement that contains the omitted information. DW [13] [7005790] [19-1854] (AD) [Entered: 05/20/2019 11:56 AM]
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| Filing 12 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John C. O'Quinn for Appellee Dyson, Incorporated. [12] [7005708] (L-Yes; E-Yes; R-No) [19-1854]--[Edited 05/20/2019 by FP to reflect that atty. O'Quinn is added to the docket.] (O'Quinn, John) [Entered: 05/17/2019 11:13 PM] |
| Filing 11 Amended Jurisdictional Statement filed by Appellants SharkNinja Operating LLC and SharkNinja Sales Company in 19-1854, Appellees SharkNinja Operating LLC and SharkNinja Sales Company in 19-1924. [11] [7005703] [19-1854, 19-1924] (Castanias, Gregory) [Entered: 05/17/2019 08:55 PM] |
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Filing 10
ORDER:.This matter comes before the court on consideration of appellants amended Circuit Rule 3(c) docketing statement filed on May 9, 2019. That statement remains inadequate as to the citizenship of defendant SharkNinja Operating LLC. However, Appellants Circuit Rule 3(c) docketing statement fails to identify all members of SharkNinja Operating LLC a limited liability company, not a corporation and each members state of citizenship. Appellants must provide this information. See Hicklin Engineering L.C. v. R.J. Bartell, 439 F.3d 346, 347-48 (7th Cir. 2006) (citizenship of a limited liability company is that of its members). And, the citizenship of such un- incorporated association must be traced through however many layers of members there may be. Meyerson v. Harrahs East Chicago Casino, 299, F.3d 616, 617 (7th Cir. 2002).Appellants again shall file a complete statement of jurisdiction that includes the citizenship of all members of defendant SharkNinja Operating LLC. The statement is due on or before May 21, 2019. The court further notes that this order was necessitated because counsel apparently failed to read the portions of the Practitioners Handbook cited in the courts order of May 9, 2019 specifically page 143. DW [10] [10] [7004718] [19-1854] (FP) [Entered: 05/14/2019 04:39 PM]
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Filing 9
ORDER: The court, on its own motion, orders that these appeals are CONSOLIDATED for purposes of briefing and disposition. The briefing schedule is as follows: Defendants shall file their opening brief and required short appendix in the main appeal docketed in 19-1854 on or before July 8, 2019. Plaintiff shall file its combined responsive brief in the main appeal and opening brief and appendix in the cross-appeal docketed in 19-1924 on or before August 8, 2019. Defendants shall file their combined reply brief, if any, in the main appeal and responsive brief in the cross-appeal on or before September 9, 2019. Plaintiff shall file its reply brief, if any, in the cross-appeal on or before September 20, 2019. DW [9] [7004705] [19-1854, 19-1924] (AP) [Entered: 05/14/2019 04:23 PM]
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| Filing 8 Filed Seventh Circuit Transcript Information Sheet by Appellants SharkNinja Operating LLC and SharkNinja Sales Company in 19-1854, Appellees SharkNinja Operating LLC and SharkNinja Sales Company in 19-1924. [8] [7004684] [19-1854, 19-1924] (Castanias, Gregory) [Entered: 05/14/2019 03:54 PM] |
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Filing 7
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 07/08/2019 for SharkNinja Operating LLC and SharkNinja Sales Company. Appellee's brief due on or before 08/08/2019 for Dyson, Incorporated. Appellant's reply brief, if any, is due on or before 08/29/2019 for Appellants SharkNinja Operating LLC and SharkNinja Sales Company RJS [7004468] [19-1854] (AP) [Entered: 05/14/2019 11:08 AM]
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| Filing 6 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Thursday, June 6, 2019 at 9:30 a.m. Central Time. See Notice for further details and requirements. RJS. [6] [7004465] [19-1854] (AP) [Entered: 05/14/2019 11:04 AM] |
| Filing 5 Amended Docketing Statement filed by Appellants SharkNinja Operating LLC and SharkNinja Sales Company. Prior or Related proceedings: No. [5] [7003711] [19-1854] (Castanias, Gregory) [Entered: 05/09/2019 04:13 PM] |
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Filing 4
ORDER: IT IS ORDERED that appellants file a complete statement of jurisdiction that includes the omitted information noted in this order. The statement is due on or before May 15, 2019. (See order for further details) DW [4] [7003573] [19-1854] (AG) [Entered: 05/09/2019 12:46 PM]
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| Filing 3 Docketing Statement filed by Appellants SharkNinja Operating LLC and SharkNinja Sales Company. Prior or Related proceedings: No. [3] [7002817] [19-1854] (Castanias, Gregory) [Entered: 05/06/2019 04:24 PM] |
| Filing 2 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Gregory A. Castanias for Appellants SharkNinja Operating LLC and SharkNinja Sales Company. [2] [7002731] (L-Yes; E-Yes; R-No) [19-1854] [2] [7002731] [19-1854]--[Edited 05/06/2019 by CMD to reflect addition of counsel.] (Castanias, Gregory) [Entered: 05/06/2019 01:55 PM] |
| Filing 1 Private civil case docketed. Fee paid. Transcript information sheet due by 05/14/2019. Docketing Statement due for Appellants SharkNinja Operating LLC and SharkNinja Sales Company by 05/07/2019. Appellant's brief due on or before 06/10/2019 for SharkNinja Operating LLC and SharkNinja Sales Company. [1] [7001942] [19-1854] (FP) [Entered: 05/01/2019 03:57 PM] |
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