Vanessa Honorato v. Mt. Olympus Enterprises, Inc., et al
| VANESSA HONORATO, individually and as independent administrator of the estate of Maryana Joanna Munoz |
| MT. OLYMPUS ENTERPRISES, INC., MT. OLYMPUS RESORTS, LLC., MT. OLYMPUS WATER & THEME PARK, WISCONSIN DELLS VISITOR AND CONVENTION BUREAU, INC. and MT. OLYMPUS WATER & THEME PARK RESORT |
| 22-2238 |
| July 14, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Motor Vehicle |
Docket Report
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Filing 17
ORDER: Pursuant to Circuit Rule 33, all proceedings in this appeal are STAYED pending further court order. Counsel for the parties are directed to make a telephonic status report to the Circuit Mediation Office on 10/19/2022. This requirement may be satisfied by filing a motion under Fed. R. App. P. 42(b) to dismiss the appeal. [7257160] [22-2238] (AD) [Entered: 08/29/2022 10:35 AM]
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Filing 16
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 10/07/2022 for Vanessa Honorato. Appellees' briefs due on or before 11/14/2022 for Mt. Olympus Enterprises, Inc., Mt. Olympus Resorts, LLC., Mt. Olympus Water & Theme Park Resort and Wisconsin Dells Visitor and Convention Bureau, Inc.. Appellant's reply brief, if any, is due on or before 12/14/2022 for Appellant Vanessa Honorato. JB [7256331] [22-2238] (HTP) [Entered: 08/24/2022 08:43 AM]
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| Filing 15 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 Melita M. Mullen for Appellees Mt. Olympus Enterprises, Inc., Mt. Olympus Resorts, LLC. and Mt. Olympus Water & Theme Park Resort 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". [15] [7254947] [22-2238] (LJ) [Entered: 08/16/2022 03:01 PM] |
| Filing 14 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 Austin B. Borton for Appellee Wisconsin Dells Visitor and Convention Bureau, Inc. 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". [14] [7254932] [22-2238] (LJ) [Entered: 08/16/2022 02:46 PM] |
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Filing 13
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 09/23/2022 for Vanessa Honorato. Appellees' briefs due on or before 10/24/2022 for Mt. Olympus Enterprises, Inc., Mt. Olympus Resorts, LLC., Mt. Olympus Water & Theme Park Resort and Wisconsin Dells Visitor and Convention Bureau, Inc.. Appellant's reply brief, if any, is due on or before 11/14/2022 for Appellant Vanessa Honorato. JB [7253230] [22-2238] (HTP) [Entered: 08/08/2022 02:58 PM]
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| Filing 12 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted via Zoom, Tuesday, August 23, 2022 at 10:00a.m. Central Time. See Notice for further details and requirements. JB. [12] [7253226] [22-2238] (HTP) [Entered: 08/08/2022 02:56 PM] |
| Filing 11 Amended Docketing Statement filed by Appellant Vanessa Honorato. Prior or Related proceedings: No. [11] [7249582] [22-2238] (Durkin, Patricia) [Entered: 07/20/2022 04:12 PM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Patricia C. Durkin for Appellant Vanessa Honorato. [10] [7249571] (L-No; E-Yes; R-No) [22-2238] (Durkin, Patricia) [Entered: 07/20/2022 04:04 PM] |
| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Attorney Austin Borton for Appellee Wisconsin Dells Visitor and Convention Bureau, Inc.. [9] [7249499] (L-Yes; E-Yes; R-No) [22-2238] (Borton, Austin) [Entered: 07/20/2022 01:55 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Melita M. Mullen for Appellees Mt. Olympus Enterprises, Inc. and Mt. Olympus Resorts, LLC.. for Mt. Olympus Water & Theme Park. [8] [7249464] (L-No; E-Yes; R-No) [22-2238] --[Edited 07/20/2022 by AP- to reflect the addition of counsel] (Mullen, Melita) [Entered: 07/20/2022 12:39 PM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Colin H. Dunn for Appellant Vanessa Honorato. [7] [7249272] (L-Yes; E-Yes; R-No) [22-2238] --[Edited 07/20/2022 by ER - added Attorney Colin H. Dunn] (Dunn, Colin) [Entered: 07/19/2022 04:21 PM] |
| Filing 6 Amended Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ann C. Emmerich for Appellees Mt. Olympus Enterprises, Inc., Mt. Olympus Water & Theme Park and Mt. Olympus Resorts, LLC.. [6] [7249107] (L-Yes; E-Yes; R-No) [22-2238] (Emmerich, Ann) [Entered: 07/19/2022 11:26 AM] |
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Filing 5
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-appellees 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). [7248871] [5] [7248871] [22-2238] (HTP) [Entered: 07/18/2022 03:15 PM]
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Filing 4
ORDER: In the present case, plaintiff relies on diversity of citizenship for federal jurisdiction. However, appellants Circuit Rule 3(c) docketing statement fails to identify all members of defendant Mt. Olympus Resorts, LLC, and each members state of citizenship. Appellant must provide this information because contrary to appellants assertion that Mt. Olympus Resorts, LLC is a limited liability company, not a corporation. See Hicklin Engineering L.C. v. R.J. Bartell, 439 F.3D 346, 347-348 (7th Cir. 2006) (citizenship of a limited liability company is that of its members). And, the citizenship of such unincorporated association must be traced through however many layers of members there may be. Meyerson v. Harrahs East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). Further, appellant must identify the state of citizenship of Maryana Joanna Munoz. See 28 U.S.C. 1332 (c)(2). Accordingly, appellant file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before July 25, 2022. (See order for further details). DW [4] [4] [7248868] [22-2238] (HTP) [Entered: 07/18/2022 03:11 PM]
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| Filing 3 Filed Seventh Circuit Transcript Information Sheet by Appellant Vanessa Honorato. [3] [7248588] [22-2238] (Durkin, Patricia) [Entered: 07/15/2022 03:15 PM] |
| Filing 2 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ann C. Emmerich for Appellees Mt. Olympus Enterprises, Inc., Mt. Olympus Resorts, LLC. and Mt. Olympus Water & Theme Park. [2] [7248559] (L-Yes; E-Yes; R-No) [22-2238] (Emmerich, Ann) [Entered: 07/15/2022 02:18 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 07/28/2022. Appellant's brief due on or before 08/23/2022 for Vanessa Honorato. [1] [7248248] [22-2238] (HTP) [Entered: 07/14/2022 11:57 AM] |
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