Michael Stoller, et al v. Thomas Fumo, et al
Defendant / Appellee: DIANE J. SILVERBERG, Principal, ROBERT P. NESBIT, Principal, RELIABLE MANAGEMENT REALTY, LTD., KOVITZ SHIFRIN NESBIT and THOMAS FUMO, President
Appellant: LEO D. STOLLER
Plaintiff / Appellant: MICHAEL STOLLER
Case Number: 20-2081
Filed: June 23, 2020
Court: U.S. Court of Appeals, Seventh Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on July 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2021 Filing 59 Mandate issued. No record to be returned. [59] [7171905] [20-2081] (DRS) [Entered: 07/09/2021 08:51 AM]
July 9, 2021 FOR COURT USE ONLY: Certified copy of 06/17/2021 Final Order with 06/24/2021 Rehearing Denial Order, with Mandate sent to the District Court Clerk. [7171913-2] [7171913] [20-2081] (DRS) [Entered: 07/09/2021 09:00 AM]
June 24, 2021 Opinion or Order Filing 58 ORDER re: Notice of filing appellant's request rehearing and rehearing en banc. IT IS ORDERED that the motion is DENIED. [ # 57 ] JPK [58] [7168829] [20-2081] (ZNS) [Entered: 06/24/2021 11:14 AM]
June 22, 2021 Filing 57 Motion filed by Appellant Michael Stoller for reconsideration of Petition for rehearing and/or rehearing en bloc. [57] [7168288] [20-2081] (Kiss, Philip) [Entered: 06/22/2021 03:01 PM]
June 22, 2021 Opinion or Order Filing 56 ORDER re: Appellant Michael Stoller's Request for a Waivor that the Requirement that the Front Cover of its Opening Brief and Disclosure be Submitted in Native PDG Format. [ # 55 ] The motion is DENIED. SCR [56] [7168132] [20-2081] (MM) [Entered: 06/22/2021 10:58 AM]
June 19, 2021 Filing 55 Motion filed by Appellant Michael Stoller , REQUEST FOR A WAVIOR THAT THE REQUIREMENT THAT THE FRONT COVER OF ITS BRIEF AND DISCLOSURE BE SUBMITTED IN NATIVE PDG FORMAT., to file Motion for a WAVIOR THAT THE REQUIREMENT THAT THE FRONT COVER OF ITS BRIEF AND DISCLOSURE BE SUBMITTED IN NATIVE PDG FORMAT. [55] [7167689] [20-2081] (Kiss, Philip) [Entered: 06/19/2021 01:00 PM]
June 18, 2021 Filing 54 Re-Submitted appellant brief by Appellant Opening Brief for Appellant Michael Stoller. [54] 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. [7167681] [20-2081] (Kiss, Philip) [Entered: 06/18/2021 04:29 PM]
June 17, 2021 Filing 53 Brief deficiency letter sent to Appellant Michael Stoller. [53] [7167607] [20-2081] (CM) [Entered: 06/17/2021 04:39 PM]
June 17, 2021 Filing 52 Submitted petition for rehearing enbanc by Philip Kiss for Appellant Michael Stoller. [52] 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. [7167602] [20-2081] (Kiss, Philip) [Entered: 06/17/2021 04:16 PM]
June 17, 2021 Opinion or Order Filing 51 ORDER re: Appellant Michael Stoller request to file opening brief instanter. [ # 50 ]. The motion is DENIED. The appellants brief is late and the appellant does not provide any explanation or argue that the lateness should be excused. The tendered brief is also deficient in numerous respects. Accordingly, this appeal is DISMISSED for failure to prosecute. Diane S. Sykes, Chief Judge. [51] [7167362] [20-2081] (CG) [Entered: 06/17/2021 08:50 AM]
June 15, 2021 Filing 50 Motion filed by Appellant Michael Stoller to file Motion to File Opening Brief Instanter. [50] [7167139] [20-2081] (Kiss, Philip) [Entered: 06/15/2021 09:55 PM]
June 15, 2021 Opinion or Order Filing 49 ORDER re: 1)Motion to stay pending appeal to the U.S. Supreme Court. 2) Corrected motion to stay pending appeal to the U.S. Supreme Court. IT IS ORDERED that the motions are DENIED. [ # 47 ] JPK [49] [7166895] [20-2081] (AG) [Entered: 06/15/2021 08:57 AM]
June 14, 2021 Filing 48 Pro se CORRECTED motion filed by Appellant Mr. Leo D. Stoller to stay pending appeal to the U.S. Supreme Court. [48] [7166719] [20-2081] (CAH) [Entered: 06/14/2021 11:46 AM]
June 14, 2021 Filing 47 Pro se motion filed by Appellant Mr. Leo D. Stoller to stay pending appeal to the U.S. Supreme Court. [47] [7166601] [20-2081] (CAH) [Entered: 06/14/2021 08:39 AM]
June 11, 2021 Opinion or Order Filing 46 ORDER: On consideration of the Motion to Reconsider the courts order of October 19, 2020, and the Motion to Intervene, both filed by non-party Leo Stoller on November 12, 2020, the Motion to Reconsider is DENIED. Further, the Motion to Intervene is DENIED. Intervention at the appellate level is unusual and should be allowed only in an exceptional case and for imperative reasons. See Hutchinson v. Pfeil, 211 F.3d 515, 519 (10th Cir. 2000). This case is not exceptional, and Leo Stoller s motion fails to offer the requisite justification for intervention on appeal. [ # 21 ] [ # 20 ] DW [46] [7166456] [20-2081] (FP) [Entered: 06/11/2021 02:09 PM]
June 9, 2021 Opinion or Order Filing 45 ORDER re: Motion for an extension. IT IS ORDERED that the motion for extension is DENIED. [ # 44 ] SCR [45] [7165846] [20-2081] (AG) [Entered: 06/09/2021 11:24 AM]
June 7, 2021 Filing 44 Motion filed by Appellant Michael Stoller to extend time to file., to extend time to file appellant brief. [44] [7165432] [20-2081] (Kiss, Philip) [Entered: 06/07/2021 05:15 PM]
June 7, 2021 Filing 43 Amended Jurisdictional Statement filed by Appellant Michael Stoller. [43] [7165430] [20-2081] (Kiss, Philip) [Entered: 06/07/2021 05:10 PM]
June 7, 2021 Opinion or Order Filing 42 ORDER re: Appellant Michael Stoller's Attorney Request Leave to File Attached Motion for Extension of Time Instanter and Manually and to Waive the Requirement for Him to file Electronically. IT IS ORDERED that the motion is DENIED. If counsel is unable to use a computer, then he must hire someone who can do so or use a commercially available service. SCR [42] [7165183] [20-2081] (AG) [Entered: 06/07/2021 09:11 AM]
June 4, 2021 Filing 41 Motion filed by Attorney Philip Kiss, attorney's request; to waive requirement to file electronically tendered with motion to extend time to file appellant's brief. [41] [7165063] [20-2081]--[Edited 06/04/2021 by CM] (CAH) [Entered: 06/04/2021 02:52 PM]
June 2, 2021 Opinion or Order Filing 40 ORDER: On June 2, 2021, appellant Michael Stoller submitted a paper version of a motion to extend time to file his opening brief. All documents from represented litigants must be filed and served electronically unless this court allows an exemption from the rule. See Cir. R. 25. Accordingly, no action will be taken on the motion for extension. SCR [40] [7164332] [20-2081] (PS) [Entered: 06/02/2021 02:35 PM]
June 1, 2021 Filing 39 Pro se motion filed by Appellant Mr. Leo D. Stoller for expedited ruling on motion to intervene (docket #21). [39] [7164162] [20-2081] (CAH) [Entered: 06/02/2021 08:41 AM]
May 6, 2021 Opinion or Order Filing 38 Order issued GRANTING motion to extend time to file appellant's brief to the extent that briefing shall proceed as follows:[ # 37 ] Appellant's brief due on or before 06/04/2021 for Michael Stoller. Appellee's brief due on or before 07/06/2021 for Thomas Fumo, Kovitz Shifrin Nesbit, Robert P. Nesbit, Reliable Management Realty, Ltd. and Diane J. Silverberg. Appellant's reply brief, if any, is due on or before 07/27/2021 for Appellant Michael Stoller. No further extensions of time will be allowed, except in extraordinary circumstances. CMD [38] [7158452] [20-2081] (AP) [Entered: 05/06/2021 08:43 AM]
May 5, 2021 Filing 37 Motion filed by Appellant Michael Stoller to extend time to file appellant brief. [37] [7158298] [20-2081] (Kiss, Philip) [Entered: 05/05/2021 01:49 PM]
April 22, 2021 Filing 36 Filed Response by Appellant Michael Stoller to Defendant's Late Filed Docketing Statement. [36][7155732] [20-2081] (Kiss, Philip) [Entered: 04/22/2021 02:39 PM]
April 13, 2021 Filing 35 Docketing Statement filed by Appellees Thomas Fumo and Reliable Management Realty, Ltd.. Prior or Related proceedings: No. [35] [7153755] [20-2081] (Hutchinson, Whitney) [Entered: 04/13/2021 03:26 PM]
March 31, 2021 Opinion or Order Filing 34 Order issued GRANTING motion to extend time to file appellant's brief only to the extent that briefing will proceed as follows: [ # 33 ] Appellant's brief due on or before 05/05/2021 for Michael Stoller. Appellees' briefs due on or before 06/04/2021 for Thomas Fumo, Kovitz Shifrin Nesbit, Robert P. Nesbit, Reliable Management Realty, Ltd. and Diane J. Silverberg. Appellant's reply brief, if any, is due on or before 06/25/2021 for Appellant Michael Stoller. CMD [34] [7151101] [20-2081] (ER) [Entered: 03/31/2021 03:47 PM]
March 31, 2021 Filing 33 Motion filed by Appellant Michael Stoller to extend time to file appellant brief. [33] [7150927] [20-2081] (Kiss, Philip) [Entered: 03/31/2021 10:03 AM]
March 30, 2021 Filing 32 Amended Appearance form Jurisdictional Statement filed by Attorney Philip M. Kiss for Appellant Michael Stoller. [32] [7150694] [20-2081]--[Edited 03/30/2021 by AD to reflect proper filing.] (Kiss, Philip) [Entered: 03/30/2021 12:59 PM]
March 8, 2021 Filing 31 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Philip M. Kiss for Appellant Michael Stoller. [31] [7145948] (L-Yes; E-Yes; R-No) [20-2081] (Kiss, Philip) [Entered: 03/08/2021 02:20 PM]
March 2, 2021 Opinion or Order Filing 30 Order issued GRANTING motion to extend time to file appellant's brief [ # 29 ] to the extent that briefing will proceed as follows: Appellant's brief due on or before 04/05/2021 for Michael Stoller. Appellees' respective briefs due on or before 05/05/2021 for Thomas Fumo, Kovitz Shifrin Nesbit, Robert P. Nesbit, Reliable Management Realty, Ltd. and Diane J. Silverberg. Appellant's reply brief, if any, is due on or before 05/26/2021 for Appellant Michael Stoller. A review of the courts docket indicates that attorney Philip Kiss has not filed a disclosure statement in accordance with Circuit Rule 26.1. Accordingly, attorney Kiss shall file his overdue disclosure statement by 03/09/2021. CMD [30] [7144751] [20-2081] (MM) [Entered: 03/02/2021 11:14 AM]
March 1, 2021 Filing 29 Motion filed by Appellant Michael Stoller to extend time to file appellant brief. [29] [7144529] [20-2081] (Kiss, Philip) [Entered: 03/01/2021 12:43 PM]
January 20, 2021 Opinion or Order Filing 28 Order issued GRANTING motion to extend time to file appellant's brief only to the extent that briefing shall proceed as follows: [ # 27 ] The appellant Michael Stoller shall file his brief and required short appendix on or before March 1, 2021. The appellees shall file their respective briefs on or before March 31, 2021. The appellant shall file his reply brief, if any, on or before April 21, 2021. CMD [28] [7135751] [20-2081] (CG) [Entered: 01/20/2021 04:16 PM]
January 20, 2021 Filing 27 Motion filed by Appellant Michael Stoller to extend time to file appellant brief. [27] [7135728] [20-2081] (Kiss, Philip) [Entered: 01/20/2021 03:26 PM]
December 23, 2020 Opinion or Order Filing 26 Order issued GRANTING motion to extend time to file appellant's brief [ # 25 ] only to the extent that briefing will proceed as follows: Appellant's brief due on or before 01/29/2021 for Michael Stoller. Appellees' respective briefs due on or before 03/01/2021 for Thomas Fumo, Kovitz Shifrin Nesbit, Robert P. Nesbit, Reliable Management Realty, Ltd. and Diane J. Silverberg. Appellant's reply brief, if any, is due on or before 03/22/2021 for Appellant Michael Stoller. CMD [26] [7130378] [20-2081] (MM) [Entered: 12/23/2020 09:18 AM]
December 21, 2020 Filing 25 Motion filed by Appellant Michael Stoller to extend time to file appellant brief. [25] [7129985] [20-2081] (Kiss, Philip) [Entered: 12/21/2020 03:30 PM]
November 23, 2020 Opinion or Order Filing 24 Order issued GRANTING motion to extend time to file appellant's brief [ # 23 ] Appellant's brief due on or before 12/30/2020 for Michael Stoller. Appellees' briefs due on or before 01/29/2021 for Thomas Fumo, Kovitz Shifrin Nesbit, Robert P. Nesbit, Reliable Management Realty, Ltd. and Diane J. Silverberg. Appellant's reply brief, if any, is due on or before 02/19/2021 for Appellant Michael Stoller. CMD [24] [7123519] [20-2081] (AG) [Entered: 11/23/2020 02:09 PM]
November 20, 2020 Filing 23 Motion filed by Appellant Michael Stoller to extend time to file appellant brief. [23] [7123250] [20-2081] (Kiss, Philip) [Entered: 11/20/2020 02:24 PM]
November 19, 2020 Filing 22 Pro se motion filed by Appellant Mr. Leo D. Stoller to stay briefing schedule. [22] [7122967] [20-2081] (CAH) [Entered: 11/19/2020 03:54 PM]
November 12, 2020 Filing 21 Pro se motion filed by Appellants Mr. Leo D. Stoller and Michael Stoller to intervene. [21] [7121175] [20-2081] (CM) [Entered: 11/12/2020 10:47 AM]
November 12, 2020 Filing 20 Pro se motion filed by Appellants Mr. Leo D. Stoller and Michael Stoller for reconsideration. [20] [7121174] [20-2081] (CM) [Entered: 11/12/2020 10:45 AM]
October 19, 2020 Opinion or Order Filing 19 ORDER: This appeal, with Michael Stoller as the only appellant, shall proceed to briefing. Briefing will proceed as follows: Appellant's brief due on or before 11/25/2020 for Michael Stoller. Appellee's brief due on or before 12/28/2020 for Thomas Fumo, Kovitz Shifrin Nesbit, Robert P. Nesbit, Reliable Management Realty, Ltd. and Diane J. Silverberg. Appellant's reply brief, if any, is due on or before 01/19/2021 for Appellant Michael Stoller. (See order for details.) DW [7115603] [20-2081] (CG) [Entered: 10/19/2020 09:43 AM]
October 1, 2020 Filing 18 Filed Notice of Appearance by Philip Kiss on behalf of Appellant Michael Stoller. [18] [7111990] [20-2081] [18] [7111990] [20-2081]--[Edited 10/01/2020 by CMD to reflect addition of counsel.] (CAH) [Entered: 10/01/2020 02:53 PM]
August 10, 2020 Filing 17 Filed Response by Appellants Mr. Leo D. Stoller and Michael Stoller to to Defendant's Appellee's Joint Supplemental Response Addressing the Jurisdictional Issue. [17][7099708] [20-2081] (CAH) [Entered: 08/10/2020 08:47 AM]
August 7, 2020 Filing 16 Filed Response by Appellees Thomas Fumo, Kovitz Shifrin Nesbit, Robert P. Nesbit, Reliable Management Realty, Ltd. and Diane J. Silverberg Attorney Whitney N. Hutchinson to Defendants-Appellees' Joint Supplemental Response Addressing the Jurisdictional Issue. [16] [7099544] [20-2081] (Hutchinson, Whitney) [Entered: 08/07/2020 12:40 PM]
July 31, 2020 Filing 15 Filed Response by Appellants Mr. Leo D. Stoller and Michael Stoller to Executive Committee Order issued 07/17/2020. [15][7097900] [20-2081] (CAH) [Entered: 08/03/2020 08:55 AM]
July 31, 2020 Opinion or Order Filing 14 ORDER: The appellees shall file, on or before August 7, 2020, a response to appellants filing of July 6, 2020, which included a Received stamped Notice of Filing Appeal with the date June 8, 2020. Appellees neglected to address the significance of the paper (Exhibit 2 of appellants filing) in their response filed on July 13, 2020. Appellants in a reply again alerted the court to this Receivedstamped paper. Appellees are given a second opportunity to address appellants argument that an appeal was timely received by the district court on June 8, 2020. DW [14] [7097583] [20-2081] (FP) [Entered: 07/31/2020 09:37 AM]
July 27, 2020 Filing 13 Filed notice from the District Court that the appeal docketing fee was received. [13] [7096394] [20-2081] (CM) [Entered: 07/27/2020 01:59 PM]
July 21, 2020 Filing 12 Docketing Statement filed by Appellants Mr. Leo D. Stoller and Michael Stoller. Prior or Related proceedings: No. [12] [7095296] [20-2081] (CAH) [Entered: 07/22/2020 08:47 AM]
July 13, 2020 Filing 11 Filed Response by Appellants Mr. Leo D. Stoller and Michael Stoller to defendant-appellee's joint response. [11][7093208] [20-2081] (CAH) [Entered: 07/13/2020 04:32 PM]
July 13, 2020 Filing 10 Filed Response by Appellees Thomas Fumo, Kovitz Shifrin Nesbit, Robert P. Nesbit, Reliable Management Realty, Ltd. and Diane J. Silverberg Attorney Whitney N.Hutchinson to Addressing the Jurisdictional Issue. [10][7093013] [20-2081] (Hutchinson, Whitney) [Entered: 07/13/2020 11:37 AM]
July 10, 2020 Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Whitney N. Hutchinson for Appellees Reliable Management Realty, Ltd. and Thomas Fumo. for Donald Fumo. [9] [7092817] (L-Yes; E-Yes; R-No) [20-2081] [Edited 07/13/2020 by CG to reflect the addition of counsel.] (Hutchinson, Whitney) [Entered: 07/10/2020 04:35 PM]
July 10, 2020 Filing 8 Added Attorney(s) Brandon R. Wilson for party(s) Appellee Kovitz Shifrin Nesbit, Appellee Robert P. Nesbit and Appellee Diane J. Silverberg in case 20-2081 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Brandon Richard Wilson for Appellees Kovitz Shifrin Nesbit, Robert P. Nesbit and Diane J. Silverberg. [8] [7092630] (L-Yes; E-Yes; R-No) [20-2081]--[Edited 07/10/2020 by AD to reflect the addition of counsel.] (Wilson, Brandon) [Entered: 07/10/2020 11:27 AM]
July 10, 2020 Opinion or Order Filing 7 ORDER: Appellants Mr. Leo D. Stoller and Michael Stoller is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellants Leo D. Stoller and Michael Stoller by 07/24/2020. Sent Certified Mail. Receipt Number: 7019 0140 0000 6079 9745. [7] [7092547] [20-2081] (AD) [Entered: 07/10/2020 09:41 AM]
July 6, 2020 Opinion or Order Filing 6 ORDER re: Jurisdictional Memorandum. IT IS ORDERED that appellees file, on or before July 13, 2020, a response to appellants filing, addressing the jurisdictional issue raised in the courts order of June 24, 2020. [6] [7091225] [20-2081] (AP) [Entered: 07/06/2020 02:42 PM]
July 6, 2020 Filing 5 Filed notice of appellant's response memorandum by Appellants Mr. Leo D. Stoller and Michael Stoller. [5] [7091132] [20-2081] (CAH) [Entered: 07/06/2020 11:45 AM]
July 6, 2020 Filing 4 Jurisdictional memorandum filed by Appellants Mr. Leo D. Stoller and Michael Stoller. [4] [7091087] [20-2081] (DRS) [Entered: 07/06/2020 10:26 AM]
June 24, 2020 Opinion or Order Filing 3 ORDER: Appellant Michael Stoller shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. Briefing is SUSPENDED pending further court order. (See order for further details) [7089111] DW Jurisdictional memorandum due for Appellants Leo D. Stoller and Michael Stoller by 07/08/2020. [3] [7089111] [20-2081] (AD) [Entered: 06/24/2020 02:54 PM]
June 23, 2020 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: APPELLEES: Michael J. Shifrin, Nicholas Mitchell, Allen Kovitz, Ronald J. Kapustka, Wendy Durbin and Unknown Contractors, Lawyers, Law Firms, Building Developers, Realtors and John Does 1-10. [2] [7089038] [20-2081] (MM) [Entered: 06/24/2020 11:56 AM]
June 23, 2020 Filing 1 Private civil case docketed. Fee due. Docketing Statement due for Appellants Leo D. Stoller and Michael Stoller by 06/29/2020. Transcript information sheet due by 07/07/2020. Fee or IFP forms due on 07/07/2020 for Appellants Leo D. Stoller and Michael Stoller. [1] [7089033] [20-2081] (MM) [Entered: 06/24/2020 11:47 AM]

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Search for this case: Michael Stoller, et al v. Thomas Fumo, et al
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Defendant / appellee: DIANE J. SILVERBERG, Principal
Represented By: Nicholas R. Mitchell
Represented By: Whitney Hutchinson
Represented By: Brandon R. Wilson
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Defendant / appellee: ROBERT P. NESBIT, Principal
Represented By: Nicholas R. Mitchell
Represented By: Brandon R. Wilson
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Defendant / appellee: RELIABLE MANAGEMENT REALTY, LTD.
Represented By: Steven Borkan
Represented By: Whitney Hutchinson
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Defendant / appellee: KOVITZ SHIFRIN NESBIT
Represented By: Nicholas R. Mitchell
Represented By: Brandon R. Wilson
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Defendant / appellee: THOMAS FUMO, President
Represented By: Steven Borkan
Represented By: Whitney Hutchinson
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Appellant: LEO D. STOLLER
Represented By: Leo D. Stoller
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Plaintiff / appellant: MICHAEL STOLLER
Represented By: Michael Stoller
Represented By: Philip M. Kiss
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