Alan Braid v. Felipe Gomez, et al
| ALAN BRAID |
| FELIPE N. GOMEZ, OSCAR A STILLEY and WOLFGANG P. HIRCZY DE MINO |
| 22-2815 |
| October 13, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Personal Property Damage |
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Filing 22
ORDER: Briefing in this consolidated appeal is SUSPENDED pending resolution of appellant Oscar A. Stilleys fee status in appeal no. 22-2881. Stilley is reminded that he must either pay the $505.00 appellate filing fees in the district court or file a motion for leave to proceed on appeal in forma pauperis in this court by 11/28/2022. SCR [22] [7273085] [ 22-2815, 22-2881] (MM) [Entered: 11/14/2022 12:44 PM]
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Filing 21
ORDER: On consideration of Plaintiff-Appellant/Cross-Appellee Alan Braids Jurisdictional Memorandum filed on November 8, 2022, Defendant-Appellee/Cross-Appellants Oscar Stilleys Jurisdictional Memorandum filed November 8, 2022, and appellee Gomezs memorandum filed on November 8, 2022, IT IS ORDERED that this appeal shall proceed to briefing. The briefing schedule is as follows:Plaintiff Braid shall file his opening brief and required short appendix in the main appeal docketed in 22-2815 on or before December 19, 2022. Defendant Stilley shall file his combined responsive brief in the main appeal and opening brief and appendix in the cross-appeal docketed in 22-2881 on or before January 18, 2023.The remaining defendants shall file their respective briefs in the main appeal on or before January 18, 2023. Plaintiff Baird shall file his combined reply brief, if any, in the main appeal and responsive brief in the cross-appeal on or before February 17, 2023. Defendant Stilley shall file his reply brief, if any, in the cross-appeal on or before March 10, 2023. Counsel for defendants are encouraged to avoid unnecessary duplication by filing a joint brief or a joint appendix or by adopting part of a co-defendants brief. Duplicative briefing will be stricken and may result in disciplinary sanctions against counsel. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992).. DW [7272543] [22-2815, 22-2881] (AP) [Entered: 11/09/2022 03:43 PM]
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| Filing 20 Filed Notice of Filing of Exhibit in Support of Motion to Dismiss: Braid 11.8.22 Motion in Gomez v Braid, 22CI8302 by Appellee Felipe N. Gomez. [20] [7272272] [22-2815] (Gomez, Felipe) [Entered: 11/08/2022 09:30 PM] |
| Filing 19 Motion filed by Appellee Felipe N. Gomez to dismiss case. [19] [7272271] [22-2815] (Gomez, Felipe) [Entered: 11/08/2022 09:13 PM] |
| Filing 18 Jurisdictional memorandum filed by Appellee Oscar A Stilley in 22-2815, Appellant Oscar A Stilley in 22-2881. [18] [7272270] [22-2815, 22-2881] (Stilley, Oscar) [Entered: 11/08/2022 07:59 PM] |
| Filing 17 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Richard W. Hess for Appellee Alan Braid in 22-2881, Appellant Alan Braid in 22-2815. [17] [7272123] (L-No; E-Yes; R-No) [22-2881, 22-2815] -[Edited 11/08/2022 by ER - added Attorney Richard W. Hess] (Hess, Richard) [Entered: 11/08/2022 01:46 PM] |
| Filing 16 Jurisdictional memorandum filed by Appellee Alan Braid in 22-2881, Appellant Alan Braid in 22-2815. [16] [7272070] [22-2881, 22-2815] (Franklin, David) [Entered: 11/08/2022 12:16 PM] |
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Filing 15
ORDER re: 1. Appellee's motion for permission to e-file, nunc pro tunc. 2. Appellee/cross appellant Oscar Stilley's motion for electronic filing privileges. [ # 12 ], [ # 9 ] The motions are GRANTED. Felipe Gomez and Oscar Stilley are granted leave to use the Electronic Case Filing system for filing material in these consolidated appeals. This courts Electronic Case Filing Procedures, the Electronic Case Filing User Manual, and answers to frequently asked questions regarding Electronic Case Filing are available at the Seventh Circuits web site: http://www.ca7.uscourts.gov. The court will terminate the pro se litigants filing user status upon the termination of the case, termination of the litigants pro se status, or for any abuse of filing privileges. JPK [15] [7270968] [22-2815, 22-2881] (CG) [Entered: 11/02/2022 04:16 PM]
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Filing 14
ORDER issued GRANTING Appellees Motion for Extension or Stay of Appellees CR(3)(1) 10.31.22 Due Date For Counter Statement to Braid 10.17.22 Docketing Statement, Pending Briefing on Finality per 10.26.22 Order (8). [ # 10 ] The motion is GRANTED only to the extent that any reply to appellants Circuit Rule 3(c) docketing statement is due on November 8, 2022, along with appellees jurisdictional memorandum. CDH [14] [7270422] [22-2815, 22-2881] (AD) [Entered: 11/01/2022 11:24 AM]
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| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Party Oscar A Stilley in 22-2815, 22-2881. [13] [7270199] [22-2815, 22-2881] (LCP) [Entered: 10/31/2022 02:58 PM] |
| Filing 12 Pro se motion filed by Appellee Oscar A Stilley in 22-2815, Appellant Oscar A Stilley in 22-2881 to become an electronic filer. [12] [7270198] [22-2815, 22-2881] (LCP) [Entered: 10/31/2022 02:55 PM] |
| Filing 11 Docketing Statement filed by Appellee Oscar A Stilley. Prior or Related proceedings: Yes. 22-2881 [11] [7270193] [22-2815] (LCP) [Entered: 10/31/2022 02:53 PM] |
| Filing 10 Motion filed by Appellee Felipe N. Gomez to extend time to file Appellee's CR 3(c)(1) Counter-Statement to Incomplete 10.17.22 Braid Docketing Statement [5], from 10.31.22 to 11.8.22 consistent with Jurisdictional Order [8]. [10] [7270149] [22-2815] (Gomez, Felipe) [Entered: 10/31/2022 02:21 PM] |
| Filing 9 Motion filed by Appellee Felipe N. Gomez to file Electronically, including into 22-2815 and 22-2881, and Leave Nunc Pro Tunc as to 22-2815 [2] and [6], 22=2881 [4], this Motion, and the following motion to extend CR 3(c)(1) counter statement to 11.8.22. [9] [7270144] [22-2815] (Gomez, Felipe) [Entered: 10/31/2022 02:18 PM] |
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Filing 8
ORDER: The court, on its own initiative, CONSOLIDATES these appeals for purposes of briefing and disposition. A preliminary review of the short records, however, indicates that the order appealed from may not be a final appealable judgment within the meaning of 28 U.S.C. 1291. Generally, an appeal may not be taken in a civil case until a final judgment disposing of all claims against all parties is entered on the district court's civil docket pursuant to Fed. R. Civ. P. 58. See Alonzi v. Budget Construction Co., 55 F.3d 331, 333 (7th Cir. 1995); See Cleaver v. Elias, 852 F.2d 266 (7th Cir. 1988). In the present case, neither the district courts Memorandum Opinion and Order of September 16, 2022, nor the Rule 58 judgment of the same date, mention the counterclaim of defendant Stilley. As such, it appears that the district court has more work to do because there is no order explicitly disposing of defendant Stilleys counterclaim. Accordingly, all parties shall file, on or before November 8, 2022, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. 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). DW [8] [7269247] [22-2815, 22-2881] [Edited 11/08/2022 by HTP to reflect cross appeal] (HTP) [Entered: 10/26/2022 02:46 PM]
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| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Marc Hearron for Appellant Alan Braid. [7] [7267642] (L-No; E-Yes; R-No) [22-2815]--[Edited 10/19/2022 by MM to reflect addition of counsel.] (Hearron, Marc) [Entered: 10/19/2022 02:35 PM] |
| Filing 6 Filed status report by Appellee Felipe N. Gomez. [6] [7267133] [22-2815] (Gomez, Felipe) [Entered: 10/18/2022 10:41 AM] |
| Filing 5 Docketing Statement filed by Appellant Alan Braid. Prior or Related proceedings: Yes. No. 22-1236 No. 22-1248 No. 22-2025 No. 22-2119 [5] [7266935] [22-2815] (Agrawal, Suyash) [Entered: 10/17/2022 02:59 PM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David Franklin for Appellant Alan Braid. [4] [7266890] (L-Yes; E-Yes; R-No) [22-2815]--[Edited 10/17/2022 by MM to reflect addition of counsel.] (Franklin, David) [Entered: 10/17/2022 01:27 PM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney (Non Attorney, Pro Se) Appellee Felipe Gomez, Pro Se (Retired Attorney)[The term Attorney in this entry was entered by the Computer, could not be removed by Appellee, and is not accurate as Gomez is NOT AN ATTORNEY, whom retired as of 4.7.22]] for Appellee Felipe N. Gomez. [3] [7266737] (L-No; E-No; R-No) [22-2815] (Gomez, Felipe) [Entered: 10/15/2022 09:15 AM] |
| Filing 2 No attorney(s) added for Appellee Wolfgang P. Hirczy De Mino, per District Court docket and information sheet. [2] [7266534] [22-2815] (HTP) [Entered: 10/14/2022 10:25 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant Alan Braid by 10/18/2022. Transcript information sheet due by 10/27/2022. Appellant's brief due on or before 11/22/2022 for Alan Braid. [1] [7266528] [22-2815] (HTP) [Entered: 10/14/2022 10:21 AM] |
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