Tommy Harris v. Durham Enterprises, Inc., et al
| TOMMY HARRIS |
| DURHAM ENTERPRISES, INC. and DON DURHAM |
| LIBERTY MUTUAL INSURANCE COMPANY and OHIO SECURITY INSURANCE COMPANY |
| 22-1983 |
| June 2, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Insurance |
Opinions
We have the following opinions for this case:
| Description |
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 Mitchell v. Durham Enterprises, Inc.
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Docket Report
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This docket was last retrieved on July 27, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 28
ORDER re: Appellant's suggestion of death under Rule 43(a) of the Federal Rules of Appellate Procedure. Counsel for appellant Tommy Harris shall file a motion to substitute Harriss personal representative as a party on or before October 25, 2022. See Fed. R. App. P. 43(a). If no personal representative is appointed in that time, counsel should instead file a motion to have this court appoint Harriss next of kin or counsel as a special administrator to continue the suit. See Anderson v. Romero, 42 F.3d 1121, 112425 (7th Cir. 1994). NER [28] [7251009] [22-1983] (CG) [Entered: 07/27/2022 04:14 PM]
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| Filing 27 Notice of death of Appellant Tommy Harris. [27] [27] [22-1983] (Keefe, Thomas) [Entered: 07/26/2022 01:03 PM] |
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Filing 26
ORDER re: 1. Appellees motion for damages and costs under rule 38 of the federal rules of appellate procedure. 2. Appellees amended motion for damages and costs under rule 38 of the federal rules of appellate procedure. The motions and any responses thereto shall be TAKEN WITH THE CASE for resolution by the assigned merits panel. NER [26] [7250479] [22-1983] (HTP) [Entered: 07/26/2022 09:05 AM]
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| Filing 25 Paper copies of appellee brief filed by Appellees Liberty Mutual Insurance Company and Ohio Security Insurance Company. [25] [7250286] [22-1983] (KRA) [Entered: 07/25/2022 02:28 PM] |
| Filing 23 Amended motion filed by Appellees Liberty Mutual Insurance Company and Ohio Security Insurance Company Appellees' Amended Motion for Damages and Costs Under Rule 38 of the Federal Rules of Appellate Procedure. [23] [7250205] [22-1983] (Sitzer, Matthew) [Entered: 07/25/2022 11:14 AM] |
| Filing 22 Re-Submitted appellee brief by Matthew O. Sitzer for Appellees Liberty Mutual Insurance Company and Ohio Security Insurance Company. [22] 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. [7250200] [22-1983] (Sitzer, Matthew) [Entered: 07/25/2022 11:10 AM] |
| Filing 24 Appellee's brief filed by Appellees Liberty Mutual Insurance Company and Ohio Security Insurance Company. Paper copies due on 08/01/2022. Appellant's reply brief, if any, is due on or before 08/12/2022 for Appellants Don Durham, Durham Enterprises, Inc. and Tommy Harris. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [24] [7250236] [22-1983] (GW) [Entered: 07/25/2022 12:19 PM] |
| Filing 21 Brief deficiency letter sent to Appellees Liberty Mutual Insurance Company and Ohio Security Insurance Company. [21] [7250066] [22-1983] (GW) [Entered: 07/22/2022 03:29 PM] |
| Filing 20 Motion filed by Appellees Liberty Mutual Insurance Company and Ohio Security Insurance Company Appellees' Motion for Damages and Costs Under Rule 38 of the Federal Rules of Appellate Procedure. [20] [7250054] [22-1983] (Sitzer, Matthew) [Entered: 07/22/2022 03:05 PM] |
| Filing 19 Submitted appellee brief by Matthew O. Sitzer for Appellees Liberty Mutual Insurance Company and Ohio Security Insurance Company. [19] 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. [7250052] [22-1983] (Sitzer, Matthew) [Entered: 07/22/2022 03:00 PM] |
| 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 Samantha S. Unsell for Appellant Tommy Harris has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: https://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [18] [7246404] [22-1983] (LJ) [Entered: 07/06/2022 03:29 PM] |
| Filing 17 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. Thomas Q. Keefe, III for Appellant Tommy Harris has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: https://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [17] [7246398] [22-1983] (LJ) [Entered: 07/06/2022 03:19 PM] |
| Filing 16 Paper copies of appellant brief filed by Appellants Don Durham and Durham Enterprises, Inc.. [16] [7245878] [22-1983] (CAG) [Entered: 07/05/2022 08:52 AM] |
| Filing 14 Re-Submitted appellant brief by Ted F. Frapolli for Appellants Durham Enterprises, Inc. and Don Durham. [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. [7245387] [22-1983] (Frapolli, Ted) [Entered: 06/30/2022 10:56 AM] |
| Filing 15 Appellant's brief filed by Appellants Don Durham and Durham Enterprises, Inc. Paper copies due on 07/05/2022. Electronically Transmitted. Appellee's brief due on or before 07/27/2022 for Liberty Mutual Insurance Company and Ohio Security Insurance Company. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [15] [7245396] [22-1983] (MAN) [Entered: 06/30/2022 11:23 AM] |
| Filing 13 Brief deficiency letter sent to Appellants Don Durham and Durham Enterprises, Inc.. [13] [7244865] [22-1983] (MAN) [Entered: 06/28/2022 08:28 AM] |
| Filing 12 Paper copies of appellant brief filed by Appellant Tommy Harris. [12] [7244756] [22-1983] (SK) [Entered: 06/27/2022 03:39 PM] |
| Filing 11 Submitted appellant brief by Ted Frapolli for Appellants Durham Enterprises, Inc. and Don Durham. [11] 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. [7244688] [22-1983] (Frapolli, Ted) [Entered: 06/27/2022 01:50 PM] |
| Filing 10 Appellant's brief filed by Appellant Tommy Harris. Paper copies due on 06/29/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [10] [7243981] [22-1983] (CAG) [Entered: 06/23/2022 08:28 AM] |
| Filing 9 Re-Submitted appellant brief by Thomas Q. Keefe, III for Appellant Tommy Harris. [9] 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. [7243893] [22-1983] (Keefe, Thomas) [Entered: 06/22/2022 02:29 PM] |
| Filing 8 Brief deficiency letter sent to Appellant Tommy Harris. [8] [7243878] [22-1983] (CAG) [Entered: 06/22/2022 02:03 PM] |
| Filing 7 Submitted appellant brief by Thomas Q Keefe, III for Appellant Tommy Harris. [7] 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. [7243787] [22-1983] (Keefe, Thomas) [Entered: 06/22/2022 10:40 AM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ted frapolli for Appellants Durham Enterprises, Inc. and Don Durham. [6] [7241806] (L-Yes; E-Yes; R-No) [22-1983] (Frapolli, Ted) [Entered: 06/10/2022 02:25 PM] |
| Filing 5 Added Attorney(s) Peter Francis O'Neill for party(s) Appellee Ohio Security Insurance Company Appellee Liberty Mutual Insurance Company, in case 22-1983 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Peter F. O'Neill for Appellees Liberty Mutual Insurance Company and Ohio Security Insurance Company. [5] [7241760] (L-No; E-Yes; R-No) [22-1983]--[Edited 06/10/2022 by AD to reflect the addition of counsel.] (O'Neill, Peter) [Entered: 06/10/2022 12:46 PM] |
| Filing 4 Added Attorney(s) Matthew C. Wolfe for party(s) Appellee Ohio Security Insurance Company Appellee Liberty Mutual Insurance Company, in case 22-1983 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Matthew C. Wolfe for Appellees Liberty Mutual Insurance Company and Ohio Security Insurance Company. [4] [7241741] (L-No; E-Yes; R-No) [22-1983]--[Edited 06/10/2022 by AD to reflect the addition of counsel.] (Wolfe, Matthew) [Entered: 06/10/2022 11:26 AM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Matthew O. Sitzer for Appellees Liberty Mutual Insurance Company and Ohio Security Insurance Company. [3] [7241740] (L-Yes; E-Yes; R-No) [22-1983] (Sitzer, Matthew) [Entered: 06/10/2022 11:23 AM] |
| Filing 2 Added Attorney(s) Thomas Q. Keefe III for party(s) Appellant Tommy Harris, in case 22-1983 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Thomas Q. Keefe, III for Appellant Tommy Harris. [2] [7241721] (L-Yes; E-Yes; R-No) [22-1983]--[Edited 06/10/2022 by AD to reflect the addition of counsel.] (Keefe, Thomas) [Entered: 06/10/2022 10:55 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet filed. Appellant's brief due on or before 07/12/2022 for Don Durham, Durham Enterprises, Inc. and Tommy Harris. [1] [7240356] [22-1983] (CG) [Entered: 06/03/2022 11:03 AM] |
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