Stephanie Turner v. McDonald's USA LLC, et al
| STEPHANIE TURNER, on behalf of herself and all others similarly situated |
| MCDONALD'S USA LLC, a Delaware limited liability company and MCDONALD'S CORPORATION, a Delaware corporation |
| STATE OF ILLINOIS, STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, LABOR ECONOMISTS, UNITED STATES OF AMERICA, FEDERAL TRADE COMMISSION, COMMITTEE TO SUPPORT THE ANTITRUST LAWS, OPEN MARKETS INSTITUTE, NATIONAL LEGAL ADVOCACY NETWORK, TOWARDS JUSTICE, AMERICAN ANTITRUST INSTITUTE, INTERNATIONAL CENTER FOR LAW & ECONOMICS, SCHOLARS OF LAW AND ECONOMICS, RESTAURANT LAW CENTER, INTERNATIONAL FRANCHISE ASSOCIATION and CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA |
| 22-2334 |
| July 27, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Antitrust |
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| Filing 107 Case argued by Mr. Stratton Christopher Strand for Amicus Curiae USA, Dean M. Harvey for Appellant Leinani Deslandes and Rachel S. Brass for Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, Mr. Stratton Christopher Strand for Amicus Curiae USA, Dean M. Harvey for Appellant Stephanie Turner and Rachel S. Brass for Appellees McDonald's Corporation and McDonald's USA LLC in 22-2334. [107] [7301134] [22-2333, 22-2334] (MLM) [Entered: 03/31/2023 01:28 PM] |
| Filing 106 Case heard and taken under advisement by panel: Frank H. Easterbrook, Circuit Judge; Kenneth F. Ripple, Circuit Judge and Diane P. Wood, Circuit Judge. [106] [7301133] [22-2333, 22-2334] (MLM) [Entered: 03/31/2023 01:27 PM] |
| Filing 105 Received argument confirmation per argument email form for Attorney Dean M. Harvey for Appellant Leinani Deslandes in 22-2333, Attorney Dean M. Harvey for Appellant Stephanie Turner in 22-2334. [105] [7298805] [22-2333, 22-2334] (LCP) [Entered: 03/21/2023 11:17 AM] |
| Filing 104 Received argument confirmation from Dean Harvey for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [104] [7298800] [22-2333, 22-2334] (Harvey, Dean) [Entered: 03/21/2023 11:14 AM] |
| Filing 103 Received argument confirmation per argument email form for Attorney Mr. Stratton Christopher Strand for Amicus Curiae USA and Amicus Curiae Federal Trade Commission in 22-2333, 22-2334. [103] [7298697] [22-2333, 22-2334] (LCP) [Entered: 03/21/2023 08:45 AM] |
| Filing 102 Received argument confirmation per argument email form for Attorney Rachel S. Brass for Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334. [102] [7298688] [22-2333, 22-2334] (LCP) [Entered: 03/21/2023 08:29 AM] |
| Filing 101 Filed Response by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334 to Defendants-Appellees' Misstatement and Withdrawn Request to Strike (Dkt. 100). [101][7298673] [22-2333, 22-2334] (Harvey, Dean) [Entered: 03/20/2023 07:48 PM] |
| Filing 100 Filed Response by Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334 to Plaintiffs' Notice of Supplemental Authority. [100][7298523] [22-2333, 22-2334] (Brass, Rachel) [Entered: 03/20/2023 02:36 PM] |
| Filing 99 Filed Response by Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334 to Plaintiffs' Notice of Supplemental Authority. [99][7298391] [22-2333, 22-2334] (Brass, Rachel) [Entered: 03/20/2023 10:02 AM] |
| Filing 98 Received argument confirmation from Rachel S. Brass for Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334. [98] [7298212] [22-2333, 22-2334] (Brass, Rachel) [Entered: 03/17/2023 01:40 PM] |
| Filing 97 Received argument confirmation from Stratton Strand for Amici Curiae USA and FTC in 22-2333, 22-2334. [97] [7298148] [22-2333, 22-2334] (Strand, Stratton) [Entered: 03/17/2023 10:55 AM] |
| Filing 96 Filed Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334 Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 03/31/2023. [96] [7298060] [22-2333, 22-2334] (Harvey, Dean) [Entered: 03/16/2023 09:20 PM] |
| Filing 95 Argument reset for Friday, March 31, 2023, at 9:30 a.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Each side limited to 20 minutes. [95] [7296734] [22-2333, 22-2334] (SK) [Entered: 03/10/2023 03:41 PM] |
Filing 94
ORDER re: 1) Unopposed Motion of the United States and the Federal Trade Commission to Participate in Oral Argument Amici Curiae in Support of Neither Party. 2) Defendants-Appellees' Response to United States' Motion for Leave to Participate in Oral Argument. The motion for leave to argue as amici curiae is GRANTED. The time for argument in this appeal is increased to 20 minutes for each side. Of the 20 minutes for appellants, 8 are allocated to the United States and the Federal Trade Commission as amici curiae. MRO [94] [7296703] [22-2333, 22-2334]--[Edited 03/10/2023 by AD to reflect updated text and language on order.] (AD) [Entered: 03/10/2023 02:42 PM]
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| Filing 93 Filed Response in Opposition by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334 Attorney Derek Y. Brandt to Response Of Plaintiffs-Appellants Objecting to Relief Requested In McDonald's Response to United States' Unopposed Motion to Participate In Oral Argument. [93][7296664] [22-2333, 22-2334] (Brandt, Derek) [Entered: 03/10/2023 01:55 PM] |
| Filing 92 Filed Response by Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334 to DEFENDANTS-APPELLEES' RESPONSE TO UNITED STATES' MOTION FOR LEAVE TO PARTICIPATE IN ORAL ARGUMENT. [92][7296464] [22-2333, 22-2334] (Brass, Rachel) [Entered: 03/09/2023 06:52 PM] |
| Filing 91 Motion filed by Amici Curiae USA and FTC in 22-2333, 22-2334 to participate in oral argument. [91] [7296448] [22-2333, 22-2334] (Strand, Stratton) [Entered: 03/09/2023 04:53 PM] |
| Filing 90 Appearance form filed by Attorney Stratton C. Strand for Amici Curiae USA and FTC in 22-2333, 22-2334. [90] [7296369] (L-No; E-Yes; R-No) [22-2333, 22-2334] [Edited 03/09/2023 by CG to reflect the addition of counsel.] (Strand, Stratton) [Entered: 03/09/2023 02:56 PM] |
| Filing 89 Paper copies of appellant reply brief filed by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334 DIST. [89] [7293463] [22-2333, 22-2334] (MLM) [Entered: 02/24/2023 09:58 AM] |
| Filing 88 Appellant's reply brief filed by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. Paper copies due on 02/28/2023. Electronically Transmitted. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be 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 https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [88] [7292576] [22-2333, 22-2334] (SK) [Entered: 02/21/2023 03:10 PM] |
| Filing 87 Submitted appellant reply brief by Dean M. Harvey, Anne B. Shaver, Lin Y. Chan, Jessica A. Moldovan, Derek Y. Brandt, Leigh M. Perica, Connor P. Lemire and Dana R. Vogel for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [87] 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. [7292535] [22-2333, 22-2334] (Harvey, Dean) [Entered: 02/21/2023 02:15 PM] |
| Filing 86 Argument set for Friday, March 31, 2023, at 9:30 a.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Each side limited to 15 minutes. [86] [7290641] [22-2333, 22-2334] (MAN) [Entered: 02/10/2023 03:56 PM] |
| Filing 85 Paper copies of amicus brief filed by Amici Curiae International Franchise Association and Restaurant Law Center in 22-2333, 22-2334. [85] [7285112] [22-2333, 22-2334] (MAN) [Entered: 01/17/2023 12:15 PM] |
| Filing 84 NOTICE: Attorney Rachel S. Brass for Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, Attorney Rachel S. Brass for Appellees McDonald's USA LLC and McDonald's Corporation in 22-2334 will not be available for oral argument March 1 and 28-30, 2023; February 21-24, 2023; June 1-2 and 6-7, 2023. [84] [7285014] [22-2333, 22-2334] (Brass, Rachel) [Entered: 01/17/2023 09:25 AM] |
| Filing 83 Paper copies of amicus brief filed by Amicus Curiae Chamber of Commerce of the United States of America in 22-2333, 22-2334. [83] [7284729] [22-2333, 22-2334]--[Edited 01/13/2023 by SK] (SK) [Entered: 01/13/2023 10:38 AM] |
| Filing 82 Paper copies of amicus brief filed by Amicus Curiae Scholars of Law and Economics in 22-2333, Amicus Curiae International Center for Law & Economics in 22-2334. [82] [7284672] [22-2333, 22-2334] (SK) [Entered: 01/13/2023 09:38 AM] |
| Filing 81 Amicus brief filed by Amicus Curiae Chamber of Commerce of the United States of America in 22-2333, 22-2334 by consent. Paper copies due on 01/17/2023. Electronically Transmitted. [81] [7284019] [22-2333, 22-2334] (CAG) [Entered: 01/11/2023 08:56 AM] |
| Filing 80 Amicus brief filed by Amici Curiae International Franchise Association and Restaurant Law Center in 22-2333, 22-2334 by consent. Paper copies due on 01/17/2023 Electronically Transmitted. [80] [7284013] [22-2333, 22-2334] (MLM) [Entered: 01/11/2023 08:52 AM] |
| Filing 79 THE AMICUS BRIEF AT #79 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: Harold Furchtgott-Roth, Jonathan M. Barnett, Alan Meese, Dirk Auer, James C. Cooper, Richard A. Epstein, Luke M. Froeb, Daniel J, Gilman, Janice Hauge, Justin Hurwitz, Stan Liebowitz, Abott Lipsky, Jr., Daniel A. Lyons, Geoffrey A. Manne, Scott E. Masten, Paul H. Rubin, Vernon L. Smith, Michael E. Sykuta, Gregory J. Werden, John M. Yun, [79] [7283981] [22-2333, 22-2334] (LCP) [Entered: 01/10/2023 05:19 PM] |
| Filing 78 Amicus brief filed by Amici Curiae Scholars of Law and Economics and International Center for Law & Economics in 22-2333, 22-2334 by consent. Paper copies due on 01/17/2023 Electronically Transmitted. [78] [7283976] [22-2333, 22-2334] (LCP) [Entered: 01/10/2023 05:10 PM] |
| Filing 77 Submitted brief by Lauren Willard for amicus The Chamber of Commerce of the United States of America. Consent from all parties contained within brief. [77] 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. [7283974] [22-2333, 22-2334] (Willard, Lauren) [Entered: 01/10/2023 04:55 PM] |
| Filing 76 Submitted brief by Mark A. Perry for amicus International Center for Law & Economics and Scholars of Law and Economics [remainder Amici Scholars of Law and Economics listed in Appendix A]. Consent from all parties contained within brief. [76] 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. [7283967] [22-2333, 22-2334] (Perry, Mark) [Entered: 01/10/2023 04:34 PM] |
| Filing 75 Submitted brief by Gabriel K. Gillett for amicus Restaurant Law Center, International Franchise Association. Consent from all parties contained within brief. [75] 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. [7283923] [22-2333, 22-2334] (Gillett, Gabriel) [Entered: 01/10/2023 03:38 PM] |
| Filing 74 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Josh Halpern for International Center for Law & Economics, Harold Furchtgott-Roth, Jonathan M. Barnett, Alan Meese, Dirk Auer, James C. Cooper, Richard A. Epstein, Luke M. Froeb, Daniel J. Gilman, Janice Hauge, Justin Hurwitz, Stan Liebowitz, Abbott Lipsky, Jr.. Additional Parties: Daniel A. Lyons, Geoffrey A. Manne, Scott E. Masten, Paul H. Rubin, Vernon L. Smith, Michael E. Sykuta, Gregory J. Werden, John M. Yun. [74] [7283856] (L-No; E-No; R-No) [22-2333, 22-2334] (Halpern, Joshua) [Entered: 01/10/2023 01:33 PM] |
| Filing 73 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark Pinkert for International Center for Law & Economics, Harold Furchtgott-Roth, Jonathan M. Barnett, Alan Meese, Dirk Auer, James C. Cooper, Richard A. Epstein, Luke M. Froeb, Daniel J. Gilman, Janice Hauge, Justin Hurwitz, Stan Liebowitz, Abbott Lipsky, Jr.. Additional Parties: Daniel A. Lyons, Geoffrey A. Manne, Scott E. Masten, Paul H. Rubin, Vernon L. Smith, Michael E. Sykuta, Gregory J. Werden, John M. Yun. [73] [7283853] (L-No; E-No; R-No) [22-2333, 22-2334] (Pinkert, Mark) [Entered: 01/10/2023 01:29 PM] |
| Filing 72 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark A. Perry for International Center for Law & Economics, Harold Furchtgott-Roth, Jonathan M. Barnett, Alan Meese, Dirk Auer, James C. Cooper, Richard A. Epstein, Luke M. Froeb, Daniel J. Gilman, Janice Hauge, Justin Hurwitz, Stan Liebowitz, Abbott Lipsky, Jr.. Additional Parties: Daniel A. Lyons, Geoffrey A. Manne, Scott E. Masten, Paul H. Rubin, Vernon L. Smith, Michael E. Sykuta, Gregory J. Werden, John M. Yun. [72] [7283851] (L-Yes; E-Yes; R-No) [22-2333, 22-2334] (Perry, Mark) [Entered: 01/10/2023 01:24 PM] |
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Filing 71
Order issued GRANTING motion to extend time to file appellants' reply brief. [ # 69 ] Appellants' reply brief, if any, is due on or before 02/21/2023 for Appellants Leinani Deslandes and Stephanie Turner. CDH [71] [7283736] [22-2333, 22-2334] (FP) [Entered: 01/10/2023 10:06 AM]
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| Filing 70 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Gabriel K. Gillett for Restaurant Law Center and International Franchise Association. [70] [7283662] (L-Yes; E-Yes; R-No) [22-2333, 22-2334] (Gillett, Gabriel) [Entered: 01/09/2023 11:15 PM] |
| Filing 69 Motion filed by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334 to extend time to file Reply Brief. [69] [7283505] [22-2333, 22-2334] (Brandt, Derek) [Entered: 01/09/2023 02:11 PM] |
| Filing 68 Paper copies of appellee brief and appendix filed by Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334. [68] [7283491] [22-2333, 22-2334] (MLM) [Entered: 01/09/2023 01:18 PM] |
| Filing 67 Filed Appendix by Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334. [67] [7282469] Paper copies due on 01/10/2023 [22-2333, 22-2334] (LCP) [Entered: 01/04/2023 09:32 AM] |
| Filing 66 Appellee's brief filed by Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334. Paper copies due on 01/10/2023. Electronically Transmitted. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be 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 https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [66] [7282468] [22-2333, 22-2334] (LCP) [Entered: 01/04/2023 09:30 AM] |
| Filing 65 Submitted appellee brief by Rachel S. Brass for Appellees McDonald's USA LLC and McDonald's Corporation in 22-2333, 22-2334. [65] 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. [7282423] [22-2333, 22-2334] (Brass, Rachel) [Entered: 01/03/2023 09:04 PM] |
| Filing 64 NOTICE: Attorney Rachel S. Brass for Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, Attorney Rachel S. Brass for Appellees McDonald's USA LLC and McDonald's Corporation in 22-2334 will not be available for oral argument March 1, 2023; June 1-2 and 6-7, 2023. [64] [7282421] [22-2333, 22-2334] (Brass, Rachel) [Entered: 01/03/2023 08:58 PM] |
| Filing 63 NOTICE: Attorney Derek Yeats Brandt for Appellant Leinani Deslandes in 22-2333, Attorney Derek Yeats Brandt for Appellant Stephanie Turner in 22-2334 will not be available for oral argument April 5-21, 2023. [63] [7282326] [22-2333, 22-2334] (Brandt, Derek) [Entered: 01/03/2023 03:25 PM] |
| Filing 62 Paper copies of amicus brief filed by Amicus Curiae American Antitrust Institute in 22-2333, 22-2334. [62] [7275973] [22-2333, 22-2334] (GW) [Entered: 11/30/2022 09:48 AM] |
| Filing 61 Paper copies of amicus brief filed by Amicus Curiae Committee to Support the Antitrust Laws in 22-2333, 22-2334. [61] [7275972] [22-2333, 22-2334] (GW) [Entered: 11/30/2022 09:47 AM] |
| Filing 60 Paper copies of amicus brief filed by Amici Curiae FTC and USA in 22-2333, 22-2334. [60] [7275012] [22-2333, 22-2334] (KRA) [Entered: 11/23/2022 10:02 AM] |
| Filing 59 Paper copies of amicus brief filed by Amicus Curiae Labor Economists in 22-2333, 22-2334. [59] [7275009] [22-2333, 22-2334] (KRA) [Entered: 11/23/2022 10:00 AM] |
| Filing 58 Paper copies of amicus brief filed by Amicus Curiae American Antitrust Institute in 22-2333, 22-2334. [58] [7275005] [22-2333, 22-2334] (KRA) [Entered: 11/23/2022 09:55 AM] |
| Filing 57 Paper copies of appellant brief filed by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [57] [7275004] [22-2333, 22-2334] (KRA) [Entered: 11/23/2022 09:54 AM] |
| Filing 56 Paper copies of amicus brief filed by Amici Curiae National Legal Advocacy Network, Open Markets Institute and Towards Justice in 22-2333. [56] [7274737] [22-2333, 22-2334] (KRA) [Entered: 11/22/2022 09:08 AM] |
| Filing 55 Appearance form filed by Attorney Peter M. Bozzo for Amicus Curiae USA in 22-2333, 22-2334. [55] [7274571] (L-Yes; E-Yes; R-No) [22-2333, 22-2334] (Bozzo, Peter) [Entered: 11/21/2022 02:33 PM] |
| Filing 54 Paper copies of amicus brief filed by Amici Curiae State of California, State of Colorado, State of Connecticut, State of Delaware and State of Illinois in 22-2333, 22-2334. [54] [7274549] [22-2333, 22-2334] (CAG) [Entered: 11/21/2022 01:28 PM] |
| Filing 53 Amicus brief filed by Amicus Curiae American Antitrust Institute in 22-2333, 22-2334 by consent, per order. Paper copies due on 11/25/2022 Electronically Transmitted. [53] [7274357] [22-2333, 22-2334] (MLM) [Entered: 11/18/2022 04:02 PM] |
| Filing 52 Amicus brief filed by Amici Curiae Towards Justice, National Legal Advocacy Network and Open Markets Institute in 22-2333, 22-2334 by consent. Paper copies due on 11/25/2022 Electronically Transmitted. [52] [7274350] [22-2333, 22-2334] (CAG) [Entered: 11/18/2022 03:41 PM] |
| Filing 51 Amicus brief filed by Amicus Curiae Committee to Support the Antitrust Laws in 22-2333, 22-2334 by consent, per order. Paper copies due on 11/25/2022 Electronically Transmitted. [51] [7274335] [22-2333, 22-2334] (KRA) [Entered: 11/18/2022 03:26 PM] |
| Filing 50 Amicus brief filed by Amici Curiae FTC and USA in 22-2333, 22-2334 government filing, no consent necessary, per order. Paper copies due on 11/25/2022 Electronically Transmitted. [50] [7274331] [22-2333, 22-2334] (KRA) [Entered: 11/18/2022 03:21 PM] |
| Filing 49 Amicus brief filed by Amicus Curiae Labor Economists in 22-2333, 22-2334 by consent, per order. Paper copies due on 11/25/2022 Electronically Transmitted. [49] [7274322] [22-2333, 22-2334] (LCP) [Entered: 11/18/2022 03:03 PM] |
| Filing 48 THE AMICUS BRIEF AT #48 CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the Amicus Brief at #48, yet are not reflected on the Appellate docket/caption for administrative purposes: District of Columbia, Hawaii, Idaho, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, and Washington. [48] [7274319] [22-2333, 22-2334] (MAN) [Entered: 11/18/2022 02:55 PM] |
| Filing 47 Amicus brief filed by Amici Curiae State of Delaware, State of Connecticut, State of Colorado, State of California, State of Illinois, et al. in 22-2333, 22-2334 per order. Paper copies due on 11/25/2022. Electronically Transmitted. [47] [7274318] [22-2333, 22-2334] (MAN) [Entered: 11/18/2022 02:55 PM] |
| Filing 46 Appellant's brief filed by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. Per order. Paper copies due on 11/25/2022. Electronically Transmitted. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be 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 https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [46] [7274314] [22-2333, 22-2334] (GW) [Entered: 11/18/2022 02:51 PM] |
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Filing 45
ORDER re: 1. Motion by plaintiffs-appellants for leave to file brief under seal. 2. Defendants-appellees response to motion by plaintiffs-appellants for leave to file their brief under seal. Appellants motion for leave to file their brief under seal is DENIED as unnecessary. The clerk of this court shall file INSTANTER the unredacted brief attached to the motion to seal. After Appellants tendered their opening brief and motion to seal, the court received six amici curiae briefs for which consent is either unnecessary or has been granted by all the parties. Fed. R. App. P. 29(a)(2). After the appellants brief is filed, the clerk shall file INSTANTER the submitted amici curiae briefs. [ # 32 ]. MRO [45] [7274289] [22-2333, 22-2334] (HTP) [Entered: 11/18/2022 02:12 PM]
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| Filing 44 Filed Response by Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334 to Motion by Plaintiffs-Appellants for Leave to File Their Brief Under Seal. [44][7273679] [22-2333, 22-2334] (Brass, Rachel) [Entered: 11/16/2022 12:56 PM] |
| Filing 43 Re-Submitted brief by Christopher J. Williams for amicus amici Open Markets Institute, National Legal Advocacy Network and Towards Justice. Consent from all parties contained within brief. [43] 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. [7272727] [22-2333, 22-2334] (Williams, Christopher) [Entered: 11/10/2022 01:15 PM] |
| Filing 42 Submitted brief by Chris Williams, David Seligman and Sandeep Vaheesan for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. Consent from all parties contained within brief. [42] 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. [7272568] [22-2333, 22-2334] (Williams, Christopher) [Entered: 11/09/2022 04:47 PM] |
| Filing 41 Submitted brief by Heidi M. Silton for amicus Committee to Support the Antitrust Laws. Consent from all parties contained within brief. [41] 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. [7272555] [22-2333, 22-2334] (Silton, Heidi) [Entered: 11/09/2022 04:13 PM] |
| Filing 40 Submitted brief by Alex Hemmer for amicus Illinois, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Idaho, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, and Washington. Federal or state filer (consent unnecessary). [40] 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. [7272545] [22-2333, 22-2334] (Hemmer, Alex) [Entered: 11/09/2022 03:56 PM] |
| Filing 39 Submitted brief by James Crooks for amicus Labor Economists. Consent from all parties contained within brief. [39] 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. [7272523] [22-2333, 22-2334] (Crooks, Jamie) [Entered: 11/09/2022 03:27 PM] |
| Filing 38 Submitted brief by Peter M. Bozzo for amicus United States of America. Federal or state filer (consent unnecessary). [38] 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. [7272521] [22-2333, 22-2334] (Bozzo, Peter) [Entered: 11/09/2022 03:25 PM] |
| Filing 37 Submitted brief by Randy Stutz for amicus the American Antitrust Institute. Consent from all parties contained within brief. [37] 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. [7272311] [22-2333, 22-2334] (Stutz, Randy) [Entered: 11/09/2022 09:33 AM] |
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Filing 36
Order issued GRANTING motion to extend time to file appellees' brief [ # 35 ] Appellees' brief due on or before 01/03/2023 for McDonald's Corporation and McDonald's USA LLC. Appellant's reply brief, if any, is due on or before 01/24/2023 for Appellant Leinani Deslandes. CDH [36] [7271468] [22-2333, 22-2334] (FP) [Entered: 11/04/2022 01:00 PM]
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| Filing 35 Motion filed by Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334 to extend time to file appellee brief. [35] [7271241] [22-2333, 22-2334] (Brass, Rachel) [Entered: 11/03/2022 03:22 PM] |
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Filing 34
ORDER re: Motion by plaintiffs-appellants for leave to file brief under seal. Counsel for Appellees shall file within 14 days a response to the motion to seal discussing the appropriateness of maintaining the relevant materials under seal. See Baxter Intl, Inc. v. Abbott Labs., 297 F.3d 544, 54546 (7th Cir. 2002); United States v. Foster, 564 F.3d 852, 853 (7th Cir. 2009). MRO [34] [7271202] [22-2333, 22-2334] (HTP) [Entered: 11/03/2022 02:07 PM]
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| Filing 33 Submitted Redacted appellant brief by DEAN M. HARVEY, ANNE B. SHAVER, LIN Y. CHAN, JESSICA A. MOLDOVAN, DEREK Y. BRANDT LEIGH M. PERICA, CONNOR P. LEMIRE and DANA R. VOGEL for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [33] 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. [7270821] [22-2333, 22-2334] (Harvey, Dean) [Entered: 11/02/2022 12:58 PM] |
| Filing 32 Motion by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334 to seal Brief of Plaintiffs-Appellants. [32] NOTE: Access to this entry is limited to counsel of record. [7270818] [22-2333, 22-2334] (Harvey, Dean) [Entered: 11/02/2022 12:54 PM] |
| Filing 31 Filed notice of change of address for Derek Y. Brandt. [31] [7270001] [22-2333, 22-2334] (Brandt, Derek) [Entered: 10/31/2022 09:53 AM] |
| Filing 30 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dana R. Vogel for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [30] [7260733] (L-No; E-Yes; R-No) [22-2333, 22-2334] --[Edited 09/15/2022 by MM to reflect addition of counsel.] (Vogel, Dana) [Entered: 09/15/2022 01:07 PM] |
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Filing 29
Order issued GRANTING motion to extend time to file appellants' brief. [ # 27 ] Appellants' brief due on or before 11/02/2022 for Leinani Deslandes and Stephanie Turner. Appellees' brief due on or before 12/02/2022 for McDonald's Corporation and McDonald's USA LLC. Appellant's reply brief, if any, is due on or before 12/23/2022 for Appellants Leinani Deslandes and Stephanie Turner. CDH [29] [7260169] [22-2333, 22-2334] (FP) [Entered: 09/13/2022 12:58 PM]
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| Filing 28 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Derek Yeats Brandt for Appellant Leinani Deslandes, Lin Y. Chan for Appellant Leinani Deslandes, Dean M. Harvey for Appellant Leinani Deslandes, Jessica A. Moldovan for Appellant Leinani Deslandes and Anne B. Shaver for Appellant Leinani Deslandes in 22-2333, Derek Yeats Brandt for Appellant Stephanie Turner, Lin Y. Chan for Appellant Stephanie Turner, Dean M. Harvey for Appellant Stephanie Turner, Jessica A. Moldovan for Appellant Stephanie Turner and Anne B. Shaver for Appellant Stephanie Turner in 22-2334. [NOTE: Disclosure statements were tendered with 09/12/2022 motion.] [28] [7260052] [22-2333, 22-2334] (CG) [Entered: 09/13/2022 10:14 AM] |
| Filing 27 Motion filed by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334 to extend time to file appellant brief. [27] [7259951] [22-2333, 22-2334]--[Edited 09/13/2022 by CG to reflect disclosure statements were extracted from this motion.] (Shaver, Anne) [Entered: 09/12/2022 04:51 PM] |
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Filing 26
ORDER re: Status Update. Briefing shall proceed as follows: Appellants' brief due on or before 10/07/2022 for Leinani Deslandes and Stephanie Turner. Appellees' brief due on or before 11/07/2022 for McDonald's Corporation and McDonald's USA LLC. Appellants' reply brief, if any, is due on or before 11/28/2022 for Appellants Leinani Deslandes and Stephanie Turner. SCR [7259393] [22-2333, 22-2334] (AD) [Entered: 09/08/2022 03:11 PM]
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| Filing 25 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 Michele Vercoski for Appellant Leinani Deslandes 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". [25] [7258769] [22-2333] (LJ) [Entered: 09/06/2022 04:39 PM] |
| Filing 24 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 Anne B. Shaver for Appellant Leinani Deslandes in 22-2333, Attorney Anne B. Shaver for Appellant Stephanie Turner in 22-2334 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". [24] [7258768] [22-2333, 22-2334] (LJ) [Entered: 09/06/2022 04:37 PM] |
| Filing 23 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 Jessica A. Moldovan for Appellant Leinani Deslandes in 22-2333, Attorney Jessica A. Moldovan for Appellant Stephanie Turner in 22-2334 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". [23] [7258762] [22-2333, 22-2334] (LJ) [Entered: 09/06/2022 04:23 PM] |
| Filing 22 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 Richard D. McCune for Appellant Leinani Deslandes 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". [22] [7258761] [22-2333] (LJ) [Entered: 09/06/2022 04:21 PM] |
| Filing 21 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 Dean M. Harvey for Appellant Leinani Deslandes in 22-2333, Attorney Dean M. Harvey for Appellant Stephanie Turner in 22-2334 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". [21] [7258749] [22-2333, 22-2334] (LJ) [Entered: 09/06/2022 04:12 PM] |
| Filing 20 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 Lin Y. Chan for Appellant Leinani Deslandes in 22-2333, Attorney Lin Y. Chan for Appellant Stephanie Turner in 22-2334 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". [20] [7258713] [22-2333, 22-2334] (LJ) [Entered: 09/06/2022 03:00 PM] |
| Filing 19 Filed status report by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [19] [7258394] [22-2333, 22-2334] (Shaver, Anne) [Entered: 09/02/2022 12:14 PM] |
| Filing 18 Filed District Court order dated 08/30/2022, granting motion to correct judgment and 8/30/2022 amended judgment. Forwarded to SCR. [18] [7258251] [22-2333, 22-2334] (CMD) [Entered: 09/01/2022 04:51 PM] |
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Filing 17
ORDER: In their jurisdictional memorandum, filed on August 5, 2022, the appellants ask this court to remand their cases so the district court can correct its judgments. The district court has indicated that it is inclined to correct the judgments. Accordingly, IT IS ORDERED that the motion is GRANTED and this appeal is REMANDED to the district court pursuant to Federal Rule of Appellate Procedure 12.1(b) for the limited purpose of correcting the clerical error in its judgments. This court will retain jurisdiction over this appeal, and counsel for appellants shall file a status report with this court within seven days of the district courts modification of its judgments or, if the district court has not acted, by September 19, 2022. SCR [17] [7255412] [22-2333, 22-2334] (AP) [Entered: 08/18/2022 02:14 PM]
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| FOR COURT USE ONLY: Certified copy of 08/18/2022 Limited Remand Order sent to the District Court Clerk. [7255417-2] [7255417] [22-2333, 22-2334] (AP) [Entered: 08/18/2022 02:22 PM] |
| Filing 16 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Julian W. Kleinbrodt for Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334. [16] [7255169] (L-No; E-Yes; R-No) [22-2333, 22-2334] (Kleinbrodt, Julian) [Entered: 08/17/2022 02:21 PM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Caeli A. Higney for Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334. [15] [7255167] (L-No; E-Yes; R-No) [22-2333, 22-2334] (Higney, Caeli) [Entered: 08/17/2022 02:07 PM] |
| Filing 14 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Amir C. Tayrani for Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334. [14] [7255163] (L-No; E-Yes; R-No) [22-2333, 22-2334]--[Edited 08/17/2022 by FP to reflect that atty. Tayrani is added to the docket.] (Tayrani, Amir) [Entered: 08/17/2022 02:03 PM] |
| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Rachel S. Brass for Appellees McDonald's Corporation and McDonald's USA LLC in 22-2333, 22-2334. [13] [7255161] (L-Yes; E-Yes; R-No) [22-2333, 22-2334] (Brass, Rachel) [Entered: 08/17/2022 01:57 PM] |
| Filing 12 Added Attorney(s) Leigh M. Perica for party(s) Appellant Stephanie Turner, in case 22-2334 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Leigh M. Perica for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [12] [7254613] (L-No; E-Yes; R-No) [22-2333, 22-2334]--[Edited 08/15/2022 by AD to reflect the addition of counsel.] (Perica, Leigh) [Entered: 08/15/2022 12:43 PM] |
| Filing 11 Added Attorney(s) Connor P. Lemire for party(s) Appellant Stephanie Turner, in case 22-2334 per disclosure statement.Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Connor P. Lemire for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [11] [7254611] (L-No; E-Yes; R-No) [22-2333, 22-2334]--[Edited 08/15/2022 by AD to reflect the addition of counsel.] (Lemire, Connor) [Entered: 08/15/2022 12:34 PM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Lin Y. Chan for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [10] [7254264] (L-Yes; E-Yes; R-No) [22-2333, 22-2334] --[Edited 08/12/2022 by MM to reflect addition of counsel.] (Chan, Lin) [Entered: 08/12/2022 08:43 AM] |
| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jessica A. Moldovan for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [9] [7254252] (L-Yes; E-Yes; R-No) [22-2333, 22-2334]--[Edited 08/12/2022 by MM to reflect addition of counsel.] (Moldovan, Jessica) [Entered: 08/11/2022 06:36 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Anne B. Shaver for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [8] [7254251] (L-Yes; E-Yes; R-No) [22-2333, 22-2334] --[Edited 08/12/2022 by MM to reflect addition of counsel.] (Shaver, Anne) [Entered: 08/11/2022 06:33 PM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dean M. Harvey for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [7] [7254250] (L-Yes; E-Yes; R-No) [22-2333, 22-2334] --[Edited 08/12/2022 by MM to reflect addition of counsel.] (Harvey, Dean) [Entered: 08/11/2022 06:31 PM] |
| Filing 6 Filed Seventh Circuit Transcript Information Sheet by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [6] [7254247] [22-2333, 22-2334] (Harvey, Dean) [Entered: 08/11/2022 05:35 PM] |
| Filing 5 Jurisdictional memorandum filed by Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [5] [7252956] [22-2333, 22-2334] (Brandt, Derek) [Entered: 08/05/2022 04:28 PM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Derek Y. Brandt for Appellant Leinani Deslandes in 22-2333, Appellant Stephanie Turner in 22-2334. [4] [7252953] (L-Yes; E-Yes; R-No) [22-2333, 22-2334] (Brandt, Derek) [Entered: 08/05/2022 04:26 PM] |
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Filing 3
ORDER: The court, on its own motion, orders that these appeals are CONSOLIDATED for purposes of briefing and disposition. The briefing schedule is SUSPENDED pending resolution of the jurisdictional issue raised by court as to both appeals. DW [3] [7251931] [22-2333, 22-2334] (HTP) [Entered: 08/02/2022 12:58 PM]
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Filing 2
ORDER: Plaintiff-appellant Stephanie Turner shall file, on or before August 9, 2022, a brief memorandum stating why this appeal should not be STAYED pending the entry of the order disposing of the motion. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing shall be suspended pending further court order. (See order for further details) [7251919] DW [2] [7251919] [22-2334] (CG) [Entered: 08/02/2022 12:37 PM]
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| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 08/10/2022. Appellant's brief due on or before 09/06/2022 for Stephanie Turner. [1] [7251123] [22-2334] (MM) [Entered: 07/28/2022 12:17 PM] |
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