MidCap Funding XLII Trust v. Birch Hill Real Estate, LLC, et al
| MAPLE LANE REAL ESTATE, LLC, BIRCH HILL REAL ESTATE, LLC, TR REAL ESTATE, LLC, N.H. REAL ESTATE, LLC and EG REAL ESTATE, LLC |
| MIDCAP FUNDING XLII TRUST |
| 19-2262 |
| July 3, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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Filing 24
ORDER re: Plaintiff-Appellee Midcap Funding XLII Trusts Status Report on Citizenship of Reliable Water Services, LLC filed on August 29, 2019. IT IS ORDERED that this appeal shall proceed. The briefing schedule, however, remains SUSPENDED pursuant to the courts order of August 5, 2019. DW [24] [7027042] [19-2262] (PS) [Entered: 08/29/2019 03:56 PM]
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| Filing 23 Filed status report by Appellee MidCap Funding XLII Trust. [23] [7026716] [19-2262] (Levanetz, Chad) [Entered: 08/29/2019 09:07 AM] |
| Filing 22 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Mr. Aaron H. Stanton for Appellants Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, TR Real Estate, LLC and N.H. Real Estate, LLC has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [22] [7025248] [19-2262] (LJ) [Entered: 08/22/2019 12:35 PM] |
| Filing 21 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Elizabeth E. Davis for Appellants Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, TR Real Estate, LLC and N.H. Real Estate, LLC has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [21] [7025180] [19-2262] (LJ) [Entered: 08/22/2019 10:44 AM] |
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Filing 20
ORDER: On consideration of Plaintiff-Appellee MidCap Funding XLII Trusts Response to Order Dated 07/30/2019, filed by attorney Chad R. Levanetz on 08/06/2019, the Rule to Show Cause, which issued on 07/30/2019, is DISCHARGED. IT IS FURTHER ORDERED that attorney Levanetz file, on or before 08/30/2019, a further Status Report on the citizenship of defendant Reliable Water Services, LLC. DW [20] [7023420] [19-2262] (MM) [Entered: 08/13/2019 04:02 PM]
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| Filing 19 Filed Showcause Response by Appellee MidCap Funding XLII Trust Attorney Chad R. Levanetz to Court order of 7/30/19. [19][7022002] [19-2262] (Levanetz, Chad) [Entered: 08/06/2019 03:06 PM] |
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Filing 18
ORDER: Pursuant to Rule 33, counsel for the parties shall provide a joint status report by email on August 19, 2019 to Circuit Mediator Jillisa Brittan at jillisa_brittan@ca7.uscourts.gov. JB [7021725] [19-2262] (AD) [Entered: 08/05/2019 04:07 PM]
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Filing 17
ORDER: Pursuant to Circuit Rule 33, briefing is SUSPENDED pending further court order. [17] JB [7021705] [19-2262] (CAG) [Entered: 08/05/2019 03:53 PM]
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Filing 16
ORDER: Attorney Chad R. Levanetz for Appellee MidCap Funding XLII Trust shall show cause for failure to fully respond to the court's order of 7/11/19. Attorney's response due for Chad R. Levanetz, Attorney by 08/06/2019. Counsel is advised that failure to respond may result in monetary or disciplinary sanctions. DW.. [16] [7020534] [19-2262] (ER) [Entered: 07/30/2019 03:18 PM]
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| Filing 15 Added Attorney(s) Steven Martin Anderson for party(s) Appellee MidCap Funding XLII Trust, in case 19-2262 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Steven M. Anderson for Appellee MidCap Funding XLII Trust. [15] [7018537] (L-No; E-Yes; R-No) [19-2262]--[Edited 07/22/2019 by AD to reflect the addition of counsel.] (Anderson, Steven) [Entered: 07/22/2019 09:45 AM] |
| Filing 14 Docketing Statement filed by Appellee MidCap Funding XLII Trust. Prior or Related proceedings: No. [14] [7018431] [19-2262] (Levanetz, Chad) [Entered: 07/19/2019 03:41 PM] |
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Filing 13
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellants' brief due on or before 09/05/2019 for Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, N.H. Real Estate, LLC and TR Real Estate, LLC. Appellee's brief due on or before 10/07/2019 for MidCap Funding XLII Trust. Appellants' reply brief, if any, is due on or before 10/28/2019 for Appellants Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, N.H. Real Estate, LLC and TR Real Estate, LLC. JB [7017976] [19-2262] (VG) [Entered: 07/17/2019 04:32 PM]
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| Filing 12 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Monday, August 5, 2019 at 2:00 p.m. Central Time. See Notice for further details and requirements. JB [12] [7017975] [19-2262] (VG) [Entered: 07/17/2019 04:30 PM] |
| Filing 11 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Aaron H. Stanton for Appellants Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, N.H. Real Estate, LLC and TR Real Estate, LLC. [11] [7017936] (L-Yes; E-Yes; R-No) [19-2262]--[Edited 07/17/2019 by PS - to reflect the addition of counsel.] (Welch, David) [Entered: 07/17/2019 03:27 PM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Danielle J. Gould for Appellants Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, N.H. Real Estate, LLC and TR Real Estate, LLC. [10] [7017831] (L-Yes; E-Yes; R-No) [19-2262]--[Edited 07/17/2019 by PS - to reflect the addition of counsel.] (Welch, David) [Entered: 07/17/2019 12:21 PM] |
| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David K. Welch, Elizabeth A. Davis and Jamie A. Robinson for Appellants Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, N.H. Real Estate, LLC and TR Real Estate, LLC. [9] [7017827] (L-Yes; E-Yes; R-No) [19-2262]--[Edited 07/17/2019 by PS - to reflect the addition of counsel.] (Welch, David) [Entered: 07/17/2019 12:16 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Chad R. Levanetz for Appellee MidCap Funding XLII Trust. [8] [7017474] (L-Yes; E-Yes; R-No) [19-2262] (Levanetz, Chad) [Entered: 07/16/2019 10:30 AM] |
| Filing 7 Added Attorney(s) J. Nels Bjorkquist for party(s) Appellant EG Real Estate, LLC Appellant N.H. Real Estate, LLC Appellant Birch Hill Real Estate, LLC Appellant Maple Lane Real Estate, LLC Appellant TR Real Estate, LLC, in case 19-2262 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney J. Nels Bjorkquist for Appellants Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, N.H. Real Estate, LLC and TR Real Estate, LLC. Additional Parties: Kewaunee Real Estate, LLC; Parkside Real Estate, LLC; Williams Bay Real Estate, LLC; Ellsworth Real Estate, LLC; Lancaster Real Estate, LLC; M Real Estate, LLC; Mouth Real Estate, LLC; Wisconsin Rapids Real Estate, LLC; Williams Bay Assisted Living, LLC;. [7] [7017019] (L-No; E-Yes; R-No) [19-2262]--[Edited 07/12/2019 by AD to reflect the addition of counsel.] (Bjorkquist, J. Nels) [Entered: 07/12/2019 01:53 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Donald A. Allen for Appellants Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, N.H. Real Estate, LLC and TR Real Estate, LLC. Additional Parties: Kewaunee Real Estate, LLC; Parkside Real Estate, LLC; Williams Bay Real Estate, LLC; Ellsworth Real Estate, LLC; Lancaster Real Estate, LLC; M Real Estate, LLC; Mouth Real Estate, LLC; Wisconsin Rapids Real Estate, LLC; Williams Bay Assisted Living, LLC. [6] [7017017] (L-No; E-Yes; R-No) [19-2262] (Allen, Donald) [Entered: 07/12/2019 01:48 PM] |
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Filing 5
ORDER: On consideration of the Docketing Statement filed by appellants filed on July 3, 2019, appellee Midcap Funding XLII Trust shall file, on or before July 19, 2019, a response to appellants Docketing Statement. See Muscarello v. Ogle County Board of Commissioners, 610 F.3d 416, 425 (7th Cir. 2010) (burden of establishing federal subject matter jurisdiction is on the party asserting it). In particular, appellee must identify all of its trustees and/or its beneficiaries and their state(s) of citizenship. See Americold Realty Trust v. ConAgra Foods, Inc., 136 S. Ct. 1012 (2016); RTP LLC v. ORIX Real Estate Capital, Inc., 827 F. 3d 689 (7th Cir. 2016). This also applies to all trusts listed in appellants statement. Further, appellant must identify by name all members of defendant Reliable Water Services, LLC and their state(s) of citizenship. See Hicklin Engineering, L.C. v. R.J. Bartell, 439 F.3d 346, 347-348 (7th Cir. 2006) (citizenship of a limited liability company is that of its members). And, the citizenship of such unincorporated 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). DW [5] [7016774] [19-2262] (AD) [Entered: 07/11/2019 01:51 PM]
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| Filing 4 Filed Seventh Circuit Transcript Information Sheet by Appellants Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, N.H. Real Estate, LLC and TR Real Estate, LLC. [4] [7016294] [19-2262] (VG) [Entered: 07/10/2019 10:04 AM] |
| Filing 3 Docketing Statement filed by Appellants Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, N.H. Real Estate, LLC and TR Real Estate, LLC. Prior or Related proceedings: No. [3] [7015456] [19-2262] (Allen, Donald) [Entered: 07/03/2019 03:26 PM] |
| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLANTS: Kewaunee Real Estate, LLC; Parkside Real Estate, LLC; Mouth Real Estate, LLC; Williams Bay Real Estate, LLC; Ellsworth Real Estate, LLC; Lancaster Real Estate, LLC; M Real Estate, LLC; Wisconsin Rapids Real Estate, LLC; Mineral Point Real Estate, LLC; TNIOP Real Estate, LLC; and Williams Bay Assisted Living, LLC.[2] [7015408] [19-2262] (PS) [Entered: 07/03/2019 02:41 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, N.H. Real Estate, LLC and TR Real Estate, LLC by 07/09/2019. Transcript information sheet due by 07/17/2019. Appellant's brief due on or before 08/12/2019 for Birch Hill Real Estate, LLC, EG Real Estate, LLC, Maple Lane Real Estate, LLC, N.H. Real Estate, LLC and TR Real Estate, LLC. [1] [7015393] [19-2262] (PS) [Entered: 07/03/2019 02:28 PM] |
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