Francis Foster v. Theodore Becker, et al
| FRANCIS T. FOSTER |
| THEODORE M. BECKER, ANDREW C. PORTER, FAEGRE DRINKER BIDDLE & REATH LLP, MCDERMOTT WILL & EMERY LLP and PRINCIPAL LIFE INSURANCE COMPANY |
| 21-2690 |
| September 15, 2021 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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Filing 19
ORDER re: Motion to Vacate the Summary Affirmance as a Nullity. [ # 18 ] The request to vacate the judgment is DENIED. On 10/25/2021, this court summarily affirmed the judgment of the district court and ordered the appellant to show cause why he should not be sanctioned for continuing to file frivolous appeals. The appellant has filed a response to this courts show cause order, but the response offers no justification for his persistence in pursuing frivolous claims. Accordingly, the appellant Francis Foster is sanctioned $5,000 for filing a frivolous appeal. Within fourteen days of the date of this order, the appellant must tender a check payable to the clerk of this court for the full amount of the sanction. MEK [19] [7197956] [21-2690] (MM) [Entered: 11/09/2021 09:11 AM]
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| Filing 18 Motion filed by Appellant Francis T. Foster Motion to vacate the Summary Affirmance as a nullity.. [18] [7197115] [21-2690] (Foster, Francis) [Entered: 11/04/2021 02:23 PM] |
| Filing 17 Paper copies of appellant brief filed by Appellant Francis T. Foster. [17] [7194966] [21-2690] (MLM) [Entered: 10/27/2021 02:05 PM] |
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Filing 16
ORDER re: 1) Motion for summary affirmance. 2) Motion of Principal Life and counsel to suspend briefing schedule. 3) Plaintiff's motion to deny defendants' motions for summary affirmance and to suspend the filing of briefs. This court has carefully reviewed the final order of the district court and the record on appeal. Based on this review, the court has determined that any issues which could be raised are insubstantial and that further briefing would not be helpful to the courts consideration of the issues. The district court correctly held that this courts judgment in 2019 was final, and the Francis Fosters claims are barred by res judicata. Accordingly, IT IS ORDERED that the appellees motion is GRANTED, and the judgment of the district court is summarily AFFIRMED. IT IS FURTHER ORDERED that the appellees motion to suspend briefing is DENIED as unnecessary. IT IS FINALLY ORDERED that Foster SHOW CAUSE by November 8, 2021, why he should not be required to pay the attorneys fees incurred by the appellees and, if he fails to pay the fees, why a filing bar should not be issued pursuant to In re: City of Chicago, 500 F.3d 582, 585-86 (7th Cir. 2007) and Support Sys. Intl, Inc. v. Mack, 45 F.3d 185, 186 (7th Cir. 1995). (See order for further details) Frank H. Easterbrook, Circuit Judge; David F. Hamilton, Circuit Judge and Michael B. Brennan, Circuit Judge. [16] [7194171] [21-2690] (AG) [Entered: 10/25/2021 12:15 PM]
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| Filing 15 Appellant's brief filed by Appellant Francis T. Foster. Appellee's brief due on or before 11/24/2021 for Theodore M. Becker, Faegre Drinker Biddle & Reath LLP, McDermott Will & Emery LLP, Andrew C. Porter and Principal Life Insurance Company. Paper copies due on 11/01/2021 Electronically Transmitted. [15] [7194071] [21-2690] (LCP) [Entered: 10/25/2021 08:45 AM] |
| Filing 14 Submitted appellant brief by Francis T. Foster, attorney for Appellant Francis T. Foster. [14] 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. [7194057] [21-2690] (Foster, Francis) [Entered: 10/24/2021 07:03 PM] |
| Filing 13 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 Margaret C. O'Connor for Appellees Andrew C. Porter and Faegre Drinker Biddle & Reath LLP 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". [13] [7193598] [21-2690] (LJ) [Entered: 10/21/2021 12:17 PM] |
| Filing 12 Motion filed by Appellant Francis T. Foster Motion by plaintiff to deny defendants' motions for summary affirmance and to suspend briefs. [12] [7193462] [21-2690] (Foster, Francis) [Entered: 10/21/2021 07:55 AM] |
| Filing 11 Motion filed by Appellees Theodore M. Becker, Faegre Drinker Biddle & Reath LLP, McDermott Will & Emery LLP, Andrew C. Porter and Principal Life Insurance Company to suspend briefing. [11] [7193426] [21-2690] (Rogaczewski, Joshua) [Entered: 10/20/2021 04:15 PM] |
| Filing 10 Motion filed by Appellees Theodore M. Becker, Faegre Drinker Biddle & Reath LLP, McDermott Will & Emery LLP, Andrew C. Porter and Principal Life Insurance Company for summary affirmance. [10] [7193423] [21-2690] (Rogaczewski, Joshua) [Entered: 10/20/2021 04:13 PM] |
| Filing 9 Docketing Statement filed by Appellees Faegre Drinker Biddle & Reath LLP, Theodore M. Becker and Andrew C. Porter. Prior or Related proceedings: Yes. 14-3203, 18-3215, 20-1262, 20-1884 [9] [7188368] [21-2690] (Schutte, Scott) [Entered: 09/27/2021 04:35 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joshua David Rogaczewski for Appellees Theodore M. Becker and McDermott Will & Emery LLP. [8] [7187846] (L-Yes; E-Yes; R-No) [21-2690] (Rogaczewski, Joshua) [Entered: 09/24/2021 10:12 AM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Alyse F. Alban for Appellee Principal Life Insurance Company. [7] [7187355] (L-No; E-Yes; R-No) [21-2690] (Alban, Alyse) [Entered: 09/22/2021 01:31 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Scott T. Schutte for Appellee Principal Life Insurance Company. [6] [7187353] (L-Yes; E-Yes; R-No) [21-2690] --[Edited 09/22/2021 by ER - added Attorney Scott T. Schutte] (Schutte, Scott) [Entered: 09/22/2021 01:17 PM] |
| Filing 5 Filed Seventh Circuit Transcript Information Sheet by Appellant Francis T. Foster. [5] [7186969] [21-2690] (Foster, Francis) [Entered: 09/21/2021 10:53 AM] |
| Filing 4 Added Attorney(s) Frederic R. Klein for party(s) Appellee Faegre Drinker Biddle & Reath LLP Appellee Andrew C. Porter Appellee Theodore M. Becker, in case 21-2690 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Frederic R. Klein for Appellees Faegre Drinker Biddle & Reath LLP, Theodore M. Becker and Andrew C. Porter. [4] [7186958] (L-Yes; E-Yes; R-No) [21-2690]--[Edited 09/21/2021 by AD to reflect the addition of counsel.] (Klein, Frederic) [Entered: 09/21/2021 10:27 AM] |
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Filing 3
ORDER: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinated briefing will be stricken. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). [7186671] [3] [7186671] [21-2690] (HTP) [Entered: 09/20/2021 12:53 PM]
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| Filing 2 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Francis T. Foster for Appellant Francis T. Foster. [2] [7186298] (L-Yes; E-Yes; R-No) [21-2690] (Foster, Francis) [Entered: 09/17/2021 10:38 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 09/29/2021. Appellant's brief due on or before 10/25/2021 for Francis T. Foster. [1] [7186017] [21-2690] (HTP) [Entered: 09/16/2021 09:50 AM] |
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