Cody Powell v. DePaul University
| CODY POWELL, individually and on behalf of all others similarly situated |
| DEPAUL UNIVERSITY |
| 22-3187 |
| December 6, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Personal Injury |
Docket Report
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| Filing 18 Amended Jurisdictional Statement filed by Appellee DePaul University. [18] [7288308] [22-3187]--[Edited 02/01/2023 by JR.] (Hayes, Michael) [Entered: 01/31/2023 04:24 PM] |
Filing 17
ORDER: On consideration of Defendant-Appellees Response to Plaintiff-Appellants Second Amended Docketing Statement and Request for Leave to Make Amended Jurisdictional Filing filed on December 30, 2022, the request to make an amended jurisdictional filing is GRANTED, and appellee shall file its amended jurisdictional filing, pursuant to 28 U.S.C. 1653, no later than February 7, 2023. Further, briefing remains SUSPENDED pursuant to the courts order of January 19, 2023. Statement due for Appellee DePaul University by 02/07/2023. Briefing is SUSPENDED pending further court order. DW [17] [7288208] [22-3187] (FP) [Entered: 01/31/2023 12:15 PM]
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Filing 16
ORDER: Pursuant to Circuit Rule 33, briefing is SUSPENDED pending further court order. [16] Counsel for the parties are directed to make an electronic email joint status report to the Circuit Mediation Office on or before 02/17/2023. [7285924] [22-3187] (FP) [Entered: 01/19/2023 03:49 PM]
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| Filing 15 Filed admission response by Attorney Michael D. Hayes for appellee DePaul University to appellant's second amended docketing statement and request for leave to make amended jurisdictional filing. [15] [7281989] [22-3187]--[Edited 12/30/2022 by CMD to correct text.] (Hayes, Michael) [Entered: 12/30/2022 12:17 PM] |
| Filing 14 Amended Docketing Statement filed by Appellant Cody Powell. Prior or Related proceedings: No. [14] [7281843] [22-3187] (Murphy, Brian) [Entered: 12/29/2022 12:50 PM] |
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Filing 13
ORDER: A review of Plaintiff-Appellants Amended Docketing Statement filed on December 19, 2022, reveals that the statement remains inadequate because plaintiff-appellant fails to identify, by name, the state of citizenship of at least one plaintiff whose state of citizenship is diverse from that of the defendant. Such an individual must be identified. See Dancel v. Groupon, Inc., 940 F.3d 381 (7th Cir. 2019). Accordingly, the appellant shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before December 29, 2022. DW [13] [7280282] [22-3187] (FP) [Entered: 12/20/2022 09:38 AM]
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| Filing 12 Amended Docketing Jurisdictional Statement filed by Appellant Cody Powell. [12] [7280064] [22-3187]--[Edited 12/19/2022 by HTP to reflect docketing statement filed.] (Murphy, Brian) [Entered: 12/19/2022 02:39 PM] |
| Filing 11 Filed Seventh Circuit Transcript Information Sheet by Appellant Cody Powell. [11] [7280052] [22-3187] (Murphy, Brian) [Entered: 12/19/2022 02:30 PM] |
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Filing 10
ORDER: Circuit Rule 3(c)(1), referencing Circuit Rule 28(a), requires an appellant to file a docketing statement which provides information concerning the district courts jurisdiction. If jurisdiction depends on diversity, the statement must identify the amount in controversy and establish the required diversity between the parties. In the present case, appellant claims that the district court had jurisdiction based on the Class Action Fairness Act. See 28 U.S.C. 1332(d). Appellants Circuit Rule 3(c) docketing statement, however, fails to identify, by name, the state of citizenship of at least one plaintiff; it is insufficient to state that there are many DePaul students who fall within the First Amended Complaints class definition. See Dancel v. Groupon, Inc., 940 F.3d 381 (7th Cir. 2019). Appellant is reminded that citizenship matters, not residency. See Meyerson v. Harrahs East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002) (residency and citizenship are not synonyms). Accordingly, the appellant shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before December 21, 2022. DW [10] [7279525] [22-3187] (FP) [Entered: 12/15/2022 01:14 PM]
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| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Brian K. Murphy for Appellant Cody Powell. [9] [7279210] (L-Yes; E-Yes; R-Yes) [22-3187] (Murphy, Brian) [Entered: 12/14/2022 11:07 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 02/17/2023 for Cody Powell. Appellee's brief due on or before 03/20/2023 for DePaul University. Appellant's reply brief, if any, is due on or before 04/10/2023 for Appellant Cody Powell. JNS [7279107] [22-3187] (HTP) [Entered: 12/13/2022 04:13 PM]
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| Filing 7 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Tuesday, January 17, 2023 at 1:30p.m. Central Time. See Notice for further details and requirements. JNS. [7] [7279104] [22-3187] (HTP) [Entered: 12/13/2022 04:10 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael Hayes for Appellee DePaul University. [6] [7279074] (L-No; E-Yes; R-No) [22-3187] [Edited 12/13/2022 by CG to reflect the addition of counsel.] (Diedrich, Joseph) [Entered: 12/13/2022 03:17 PM] |
| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joseph S. Diedrich for Appellee DePaul University. [5] [7279073] (L-Yes; E-Yes; R-No) [22-3187] [Edited 12/13/2022 by CG to reflect the addition of counsel.] (Diedrich, Joseph) [Entered: 12/13/2022 03:15 PM] |
| Filing 4 Docketing Statement filed by Appellant Cody Powell. Prior or Related proceedings: No. [4] [7278960] [22-3187] (Turke, Mary) [Entered: 12/13/2022 11:48 AM] |
| Filing 3 Amended Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mary C. Turke for Appellant Cody Powell. [3] [7278844] (L-Yes; E-Yes; R-Yes) [22-3187] [Edited 12/13/2022 by CG to reflect the termination and addition of counsel.] (Turke, Mary) [Entered: 12/12/2022 06:07 PM] |
| Filing 2 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mary C. Turke for Appellant Cody Powell. [2] [7278839] (L-No; E-Yes; R-No) [22-3187] (Turke, Mary) [Entered: 12/12/2022 05:20 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant Cody Powell by 12/12/2022. Transcript information sheet due by 12/20/2022. Appellant's brief due on or before 01/17/2023 for Cody Powell. [1] [7277477] [22-3187] (PS) [Entered: 12/06/2022 01:14 PM] |
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