Michael Livingstone v. DeVry University, Inc., et al
| DEVRY UNIVERSITY ONLINE BOOKSTORE, ADTALEM GLOBAL EDUCATION INC., formerly known as DeVry Education Group, BOARD OF TRUSTEES OF DEVRY UNIVERSITY, KELLER GRADUATE SCHOOL OF MANAGEMENT, INC. and DEVRY UNIVERSITY, INC. |
| MICHAEL O. LIVINGSTONE |
| 21-2069 |
| June 9, 2021 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
Docket Report
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Filing 38
ORDER issued DENYING motion to recall the mandate. [ # 37 ] NER [38] [7219146] [21-2069] (AD) [Entered: 02/23/2022 04:26 PM]
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| Filing 37 Pro se motion filed by Appellant Michael O. Livingstone to recall the mandate with Petition for Rehearing tendered. [37] [7218574] [21-2069] (CAG) [Entered: 02/22/2022 11:14 AM] |
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Filing 35
ORDER re: Notice, filed on 2/11/2022. This document will be filed without court action. This case is closed and the mandate has been issued. NER [35] [7217107] [21-2069] (FP) [Entered: 02/14/2022 03:10 PM]
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| Filing 36 Filed Notice by Appellant Michael O. Livingstone. [36][7217930] [21-2069]--[Edited 02/17/2022 by CMD to correct text.] (FP) [Entered: 02/17/2022 11:32 AM] |
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Filing 34
ORDER re: Response to this court's 12/27/21 order to show cause. In light of this courts January 25, 2022, order dismissing this appeal, appellants response to the show-cause order will be filed without action. NER [34] [7215242] [21-2069] (ER) [Entered: 02/03/2022 02:50 PM]
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| Filing 33 Filed Response by Appellant Michael O. Livingstone to this court's 12/27/2021 order to show cause. [33][7215241] [21-2069] (ER) [Entered: 02/03/2022 02:47 PM] |
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Filing 32
ORDER issued DENYING Appellant's Serious Miscellaneous Motions. On December 27, 2021, and January 19, 2022, the court ordered the appellant to show cause why this appeal should not be dismissed for lack of prosecution based on the failure to timely file an opening brief. The appellant has failed to file an opening brief that complies with this courts rules. Accordingly, this appeal is DISMISSED for lack of prosecution. See Cir. R. 31(c)(2). Mandate issued, no record to be returned. Frank H. Easterbrook, Circuit Judge. [ # 31 ][32][7213329] [21-2069] (HTP) [Entered: 01/25/2022 04:32 PM]
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| FOR COURT USE ONLY: Certified copy of 01/25/2022 Final Order with Mandate sent to the District Court Clerk. [7213333-2] [7213333] [21-2069] (HTP) [Entered: 01/25/2022 04:48 PM] |
| Filing 31 Prose motion filed by Party Michael O. Livingstone to set aside/vacate any dismissal, judgment, or mandate on this appeal, to file tendered informal appellant's brief, to file overlength informal appellant's brief, and to exceed page limits for the attached certification memorandum in support of this motion. 1 copy of appellant brief tendered. [31] [7212920] [21-2069] (CAH) [Entered: 01/24/2022 02:49 PM] |
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Filing 30
ORDER: Appellant Michael O. Livingstone is directed to showcause as to why this appeal should not be dismissed for lack of prosecution pursuant to C. R. 31(c)(2). SCR. Briefing is SUSPENDED pending further court order. Response to Rule to Showcause due for Appellant Michael O. Livingstone by 02/02/2022. Sent Certified Mail. Receipt Number: 7020 2450 0001 4762 1999. [30] [7211834] [21-2069] (LJ) [Entered: 01/19/2022 10:13 AM]
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Filing 29
ORDER: Appellant Michael O. Livingstone is directed to showcause as to why this appeal should not be dismissed for lack of prosecution pursuant to C. R. 31(c)(2). LJ. Briefing is SUSPENDED pending further court order. Response to Rule to Showcause due for Appellant Michael O. Livingstone by 01/10/2022. Sent Certified Mail. Receipt Number: 7020 2450 0002 1930 0036. [29] [7207418] [21-2069] (LJ) [Entered: 12/27/2021 01:37 PM]
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Filing 28
ORDER re: Appellant's response to this court's order to show cause. The Rule to Show Cause is SUSPENDED pending the timely filing of a brief by the party(s). Briefing will proceed as follows: Appellant's brief due on or before 12/17/2021 for Michael O. Livingstone. Appellees' briefs due on or before 01/18/2022 for Adtalem Global Education Inc. and DeVry University, Inc.. Appellant's reply brief, if any, is due on or before 02/08/2022 for Appellant Michael O. Livingstone. Failure to file a brief by this due date will result in the dismissal of this appeal for failure to prosecute. Sent Certified Mail. Receipt Number: 70202450000147623702. CMD [28] [7202973] [21-2069] [28] [7202973] [21-2069] (HTP) [Entered: 12/02/2021 03:38 PM]
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| Filing 27 Filed Prose Appellant Showcause Response by Appellant Michael O. Livingstone. [27][7202925] [21-2069] (MAN) [Entered: 12/02/2021 01:39 PM] |
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Filing 26
ORDER: Appellant Michael O. Livingstone is directed to showcause as to why this appeal should not be dismissed for lack of prosecution pursuant to C. R. 31(c)(2). LP. Briefing is SUSPENDED pending further court order. Response to Rule to Showcause due for Appellant Michael O. Livingstone by 12/01/2021. Sent Certified Mail. Receipt Number: 7020 2450 0002 1930 1880. [26] [7199661] [21-2069] (LCP) [Entered: 11/17/2021 08:50 AM]
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Filing 25
ORDER issued GRANTING motion to extend time to file appellant's brief. [ # 23 ] Appellant's brief due on or before 11/05/2021 for Michael O. Livingstone. Appellees' briefs due on or before 12/06/2021 for Adtalem Global Education Inc. and DeVry University, Inc.. Appellant's reply brief, if any, is due on or before 12/27/2021 for Appellant Michael O. Livingstone. CMD [25] [7193015] [21-2069] (PS) [Entered: 10/19/2021 04:17 PM]
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Filing 24
ORDER re: Plaintiff's Emergency Miscellaneous Motions Invoking the Supervisory Powers of Both Seventh Circuit Court & District Court Over Ancillary District Court Case No. 21-cv-1032; Motion for Leave to Exceed Page Length Limits in Attached Memo of Law Brief is Incorporated. [ # 22 ] Appellants motion to file an oversized motion is GRANTED. This court has reviewed appellants tendered motion for a stay of proceedings in the ancillary district court case (No. 1:21-cv-1032) and for the recusal of district court Judge John J. Tharp in that case. IT IS FURTHER ORDERED that the motion for a stay and judicial recusal is DENIED. NER [24] [7192899] [21-2069] (MM) [Entered: 10/19/2021 12:39 PM]
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| Filing 23 Pro se motion filed by Appellant Michael O. Livingstone to extend time to file appellant's brief. [23] [7192723] [21-2069] (LCP) [Entered: 10/18/2021 04:28 PM] |
| Filing 22 Prose emergency motion filed by Appellant Michael O. Livingstone for leave to exceed page length limits. 1 copy appellant motion brief tendered. [22] [7191309] [21-2069]--[Edited 10/14/2021 by MAN to reflect a motion was tendered] (MAN) [Entered: 10/12/2021 03:07 PM] |
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Filing 21
ORDER re: 1. Motion for final extension of briefing schedule. 2. Appellants request for judicial notice. [ # 19 ] [ # 20 ] The motion for extension is GRANTED. Briefing shall proceed as follows: Appellant's brief due on or before 10/15/2021 for Michael O. Livingstone. Appellees' briefs due on or before 11/15/2021 for Adtalem Global Education Inc. and DeVry University, Inc.. Appellant's reply brief, if any, is due on or before 12/06/2021 for Appellant Michael O. Livingstone. IT IS FURTHER ORDERED that the motion for judicial notice is DENIED as unnecessary. Because the record on appeal is electronic, it is available for this court's use without the need for transmission of a physical record or filing of specific items in this court. Review of the district court docket shows that this court has access to the transcript of the January 6, 2021 hearing. SCR [21] [7185656] [21-2069] (PS) [Entered: 09/14/2021 04:03 PM]
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| Filing 20 Pro se motion filed by Appellant Michael O. Livingstone for request for Judicial Notice of January 6, 2021 Preliminary Injunction Motion Hearing Transcript. [20] [7185546] [21-2069] (CAG) [Entered: 09/14/2021 01:11 PM] |
| Filing 19 Pro se motion filed by Appellant Michael O. Livingstone to extend time to file appellant's brief. [19] [7185544] [21-2069] (CAG) [Entered: 09/14/2021 01:09 PM] |
| Filing 18 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Robyn C. Crowther for Appellee Adtalem Global Education Inc. in 21-1519, 21-2069. [18] [7181828] (L-Yes; E-Yes; R-Yes) [21-1519, 21-2069] [Edited 08/26/2021 by CG to reflect the termination and addition of counsel.] (Crowther, Robyn) [Entered: 08/26/2021 04:23 PM] |
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Filing 17
Order issued GRANTING motion to extend time to file appellant's brief to the extent that briefing will proceed as follows: [ # 15 ] Appellant's brief due on or before 09/13/2021 for Michael O. Livingstone. Appellees' brief due on or before 10/13/2021 for Adtalem Global Education Inc. and DeVry University, Inc.. Appellant's reply brief, if any, is due on or before 11/03/2021 for Appellant Michael O. Livingstone CMD [17] [7176094] [21-2069] (HTP) [Entered: 07/29/2021 04:12 PM]
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| Filing 16 Filed certification against appellee's docketing statement and advisory notice by Appellant Michael O. Livingstone to. [16][7176058] [21-2069] (MAN) [Entered: 07/29/2021 03:13 PM] |
| Filing 15 Pro se motion filed by Appellant Michael O. Livingstone to extend time to file appellant's brief. [15] [7176056] [21-2069] (MAN) [Entered: 07/29/2021 03:12 PM] |
| Filing 14 Filed Notice of appellant's Fed. R. Civ. Proc. 11(c)(2) letter to appellees by Appellant Michael O. Livingstone. [14] [7176055] [21-2069] (MAN) [Entered: 07/29/2021 03:11 PM] |
| Filing 13 Filed Seventh Circuit Transcript Information Sheet by Appellant Michael O. Livingstone. [13] [7176051] [21-2069] (MAN) [Entered: 07/29/2021 03:10 PM] |
| Filing 12 Docketing Statement filed by Appellees Adtalem Global Education Inc. and DeVry University, Inc.. Prior or Related proceedings: No. 21-1519 [12] [7172331] [21-2069] (Gonsalves, Terance) [Entered: 07/12/2021 03:46 PM] |
| Filing 11 Pro se motion filed by Appellant Michael O. Livingstone in 21-1519, 21-2069 to consolidate cases, to issue consolidated briefing schedule and to file oversize brief. [11] [7171996] [21-1519, 21-2069] (MAN) [Entered: 07/09/2021 11:04 AM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Terance A. Gonsalves for Appellee DeVry University, Inc.. [10] [7170302] (L-Yes; E-Yes; R-No) [21-2069] (Gonsalves, Terance) [Entered: 06/30/2021 02:47 PM] |
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Filing 9
ORDER: This court received notice from the District Court that the appellant paid the required docketing fee. Briefing will proceed as follows: Appellant's brief due on or before 07/29/2021 for Michael O. Livingstone. Appellee's brief due on or before 08/30/2021 for Adtalem Global Education Inc. and DeVry University, Inc.. Appellant's reply brief, if any, is due on or before 09/20/2021 for Appellant Michael O. Livingstone [9] [7169739] [21-2069] (CM) [Entered: 06/29/2021 08:46 AM]
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| Filing 8 Filed notice from the District Court that the appeal docketing fee was received. [8] [7169737] [21-2069] (CM) [Entered: 06/29/2021 08:44 AM] |
| Filing 7 Filed Seventh Circuit Transcript Information Sheet by Appellant Michael O. Livingstone. [7] [7169645] [21-2069] (DRS) [Entered: 06/28/2021 03:27 PM] |
| Filing 6 Filed Seventh Circuit Transcript Information Sheet by Appellant Michael O. Livingstone. [6] [7169640] [21-2069] (MAN) [Entered: 06/28/2021 03:24 PM] |
| Filing 5 Docketing Statement filed by Appellant Michael O. Livingstone. Prior or Related proceedings: No. [5] [7169639] [21-2069] (DRS) [Entered: 06/28/2021 03:21 PM] |
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Filing 4
ORDER: Appellant Michael O. Livingstone 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 Appellant Michael O. Livingstone by 07/09/2021. Sent Certified Mail. Receipt Number: 7020 2450 0002 1929 9408. [4] [7169150] [21-2069] (AD) [Entered: 06/25/2021 10:16 AM]
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| Filing 3 No attorney(s) added for Appellees Board of Trustees of DeVry University, DeVry University Online Bookstore and Keller Graduate School of Management, Inc., per District Court docket and information sheet. [3] [7166081] [21-2069] (ZNS) [Entered: 06/10/2021 10:29 AM] |
| 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: Office of Register Services, Shantanu Bose, Lenore Goldberg, Jonathan Agresta, Deb Koffman, Megan Mihelich, Jacob R Gordon, Alan Shikowitz, Milan Havel, Mack Mofidi, Paul Kohara, Arissa Bryant, Jocelyn Russell, Jeevan D'Souza, Ewa Schmitz, Wendy Finlay, Huynh Thanh Ho, Sean Mulhern, Ibironke Majekodunmi, Kristine Kearney, and Patricia Meyer. [2] [7166078] [21-2069] (ZNS) [Entered: 06/10/2021 10:26 AM] |
| Filing 1 Private civil case docketed. Fee due. Docketing Statement due for Appellant Michael O. Livingstone by 06/16/2021. Transcript information sheet due by 06/23/2021. Fee or IFP forms due on 06/23/2021 for Appellant Michael O. Livingstone. [1] [7166063] [21-2069] (ZNS) [Entered: 06/10/2021 10:04 AM] |
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