Citizens Insurance Company of America v. Wynndalco Enterprises, LLC, et al
| CITIZENS INSURANCE COMPANY OF AMERICA, a Michigan Corporation |
| WYNNDALCO ENTERPRISES, LLC, an Illinois limited liability company, MELISSA THORNLEY, individually and on behalf of all others similarly situated, DEBORAH BENJAMIN-KOLLER, individually and on behalf of all others similarly situated, JOSUE HERRERA, individually and on behalf of all others similarly situated and DAVID ANDALCIO |
| 22-1713 |
| April 27, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Insurance |
Docket Report
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Filing 19
ORDER: This appeal is DISMISSED for lack of jurisdiction. (See order for further details.). Frank H. Easterbrook, Circuit Judge; Michael B. Brennan, Circuit Judge and Michael Y. Scudder, Circuit Judge. [19] [7241993] [22-1713] (FP) [Entered: 06/13/2022 10:45 AM]
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| Filing 18 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 Kelly M. Ognibene for Appellant Citizens Insurance Company of America 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". [18] [7240198] [22-1713] (LJ) [Entered: 06/02/2022 03:00 PM] |
| Filing 17 Jurisdictional memorandum filed by Appellant Citizens Insurance Company of America and Appellees David Andalcio, Deborah Benjamin-Koller, Josue Herrera, Melissa Thornley, and Wynndalco Enterprises, LLC. [17] [7238236] [22-1713]--[Edited 05/24/2022 by PS - to reflect all filing parties.] (Ognibene, Kelly) [Entered: 05/24/2022 02:16 PM] |
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Filing 16
ORDER re: Jurisdictional Memorandum filed jointly by the parties. [ # 15 ] Appellant and appellees shall file, on or before May 25, 2022, a brief memorandum, addressing why this appeal should not be dismissed for lack of jurisdiction. (See order for further details) DW [16] [7236467] [22-1713] (PS) [Entered: 05/16/2022 03:33 PM]
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| Filing 15 Jurisdictional memorandum filed by Appellant Citizens Insurance Company of America. [15] [7236270] [22-1713] (Ognibene, Kelly) [Entered: 05/16/2022 11:02 AM] |
| Filing 14 Amended Docketing Statement filed by Appellant Citizens Insurance Company of America. Prior or Related proceedings: No. [14] [7236249] [22-1713] (Ognibene, Kelly) [Entered: 05/16/2022 10:28 AM] |
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Filing 13
ORDER re: Amended Citizens' unopposed motion for extension of time to file its amended docketing statement pursuant to Rule 26(b). [ # 12 ] The motion is GRANTED. The appellant shall file a complete statement of jurisdiction that includes all members of defendant Wynndalco Enterprises, LLC by May 17, 2022. SCR [13] [7235446] [22-1713] (CG) [Entered: 05/11/2022 09:11 AM]
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| Filing 12 Amended motion filed by Appellant Citizens Insurance Company of America to extend time to file the docketing statement [12] [7235372] [22-1713] (Ognibene, Kelly) [Entered: 05/10/2022 04:12 PM] |
| Filing 11 Motion filed by Appellant Citizens Insurance Company of America to extend time to file the docketing statement [11] [7235358] [22-1713] (Ognibene, Kelly) [Entered: 05/10/2022 03:38 PM] |
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Filing 10
ORDER re: Motion for voluntarily dismissal pursuant to Rule 42(b). [ # 6 ] The appellant has asked the court to dismiss this appeal without prejudice. Federal Rule of Appellate Procedure 42(b) allows an appellant to voluntarily dismiss an appeal. However, once the appeal is dismissed, the appellant cannot reinstate it at a later date. Because it appears that the appellant may wish to reserve the right to reopen this appeal, the motion is DENIED. If the appellant does not want to proceed with this appeal, it may file an appropriate motion that complies with Fed. R. App. P. 42(b). Any such should be filed by May 16, 2022. CMD [10] [7235100] [22-1713] (CG) [Entered: 05/10/2022 09:10 AM]
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Filing 9
ORDER: The court, on its own motion, VACATES the briefing order of 05/09/2022 as erroneously issued. RJS [9] [7235090] [22-1713] (CMD) [Entered: 05/10/2022 08:55 AM]
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Filing 8
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 06/27/2022 for Citizens Insurance Company of America. Appellees' brief due on or before 07/27/2022 for David Andalcio, Deborah Benjamin-Koller, Josue Herrera, Melissa Thornley and Wynndalco Enterprises, LLC. Appellant's reply brief, if any, is due on or before 08/17/2022 for Appellant Citizens Insurance Company of America. RJS [7234828] [22-1713] (FP) [Entered: 05/09/2022 11:04 AM]
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| Filing 6 Motion filed by Appellant Citizens Insurance Company of America to dismiss case. [6] [7234804] [22-1713] (Ognibene, Kelly) [Entered: 05/09/2022 10:36 AM] |
| Filing 7 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Frdiaym May 27, 2022 at 9;30 a.m. Central Time. See Notice for further details and requirements. RJS. [7] [7234826] [22-1713] (FP) [Entered: 05/09/2022 11:02 AM] |
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Filing 5
ORDER: Appellant shall file a complete statement of jurisdiction that includes all members of defendant Wynndalco Enterprises, LLC. The statement is due on or before May 10, 2022. (see order for further details) DW [5] [7233771] [22-1713] (AD) [Entered: 05/03/2022 03:19 PM]
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| Filing 4 Docketing Statement filed by Appellant Citizens Insurance Company of America. Prior or Related proceedings: No. [4] [7233640] [22-1713] (Ognibene, Kelly) [Entered: 05/03/2022 12:14 PM] |
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Filing 3
ORDER: Appellant Citizens Insurance Company of America and Appellees David Andalcio, Deborah Benjamin-Koller, Josue Herrera, Melissa Thornley and Wynndalco Enterprises, LLC shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction, or sent back to the district court as was done in the Philadelphia Indemnity and Greenhill cases. Briefing is SUSPENDED pending further court order. (See order for further details) [7233564] DW Jurisdictional memorandum due for Appellees David Andalcio, Deborah Benjamin-Koller, Josue Herrera, Melissa Thornley and Wynndalco Enterprises, LLC and Appellant Citizens Insurance Company of America by 05/16/2022. [3] [7233564] [22-1713] (AD) [Entered: 05/03/2022 10:18 AM]
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| 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: Marion Calderone, Jennifer Rocio and Jose Flores. [2] [7232807] [22-1713] (MM) [Entered: 04/29/2022 08:55 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant Citizens Insurance Company of America by 05/03/2022. Transcript information sheet due by 05/11/2022. Appellant's brief due on or before 06/06/2022 for Citizens Insurance Company of America. [1] [7232802] [22-1713] (MM) [Entered: 04/29/2022 08:43 AM] |
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| Plaintiff / appellant: CITIZENS INSURANCE COMPANY OF AMERICA, a Michigan Corporation | |
| Represented By: | Kelly M. Ognibene |
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| Defendant / appellee: WYNNDALCO ENTERPRISES, LLC, an Illinois limited liability company | |
| Represented By: | David S. Golub |
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| Defendant / appellee: MELISSA THORNLEY, individually and on behalf of all others similarly situated | |
| Represented By: | David S. Golub |
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| Defendant / appellee: DEBORAH BENJAMIN-KOLLER, individually and on behalf of all others similarly situated | |
| Represented By: | David S. Golub |
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| Defendant / appellee: JOSUE HERRERA, individually and on behalf of all others similarly situated | |
| Represented By: | David S. Golub |
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| Defendant / appellee: DAVID ANDALCIO | |
| Represented By: | David S. Golub |
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