Xingjian Sun, et al v. Gary Xu
| XINGJIAN SUN, XING ZHAO and AO WANG |
| GARY GANG XU |
| 23-1960 |
| May 22, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Statutory Actions |
Docket Report
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Filing 17
ORDER issued GRANTING motion to extend time to file appellants' brief. [ # 16 ] Appellants' brief due on or before 08/23/2023 for Xingjian Sun, Ao Wang and Xing Zhao. Appellee's brief due on or before 09/22/2023 for Gary Gang Xu. Appellants' reply brief, if any, is due on or before 10/13/2023 for Appellants Xingjian Sun, Ao Wang and Xing Zhao. CDH [17] [7323528] [23-1960] (PS) [Entered: 07/14/2023 12:56 PM]
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| Filing 16 Motion filed by Appellants Xingjian Sun, Ao Wang and Xing Zhao to extend time to file appellant brief. [16] [7323341] [23-1960] (Puknys, Erik) [Entered: 07/13/2023 04:27 PM] |
| Filing 15 Amended Docketing Statement filed by Appellants Xingjian Sun, Ao Wang and Xing Zhao. Prior or Related proceedings: No. [15] [7321428] [23-1960] (Puknys, Erik) [Entered: 07/05/2023 04:09 PM] |
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Filing 14
ORDER: A review of the Corrected Combined Docketing Statement of Zingjian Sun, AO Wang, and Xing Zhao, filed by appellants on June 27, 2023, reveals that a further corrected Docketing Statement must be filed. Heres why. The diversity statute requires that if a party is a citizen of a foreign state and is lawfully admitted for permanent residence in the United States appellants claims that plaintiff AO Wang is such an individual appellants must identify the state in which the party is domiciled. This is different from ones residency. See 28 U.S.C. 1332(a)(2). Further, it would be helpful for appellants to provide in their Circuit Rule 3(c) Docketing Statement (1) the date that the original judgment was entered on the district court docket; (2) the filing date(s) of any post-judgment motions, indicating whether the motions filing tolled the time to appeal the judgment, see Circuit Rule 28(a)(2)(ii), and (3) the disposition of such motion, see Circuit Rule 28(a)(2)(iii). This amended corrected Docketing Statement should be filed on or before July 6, 2023. DW [14] [7320028] [23-1960] (AD) [Entered: 06/28/2023 03:20 PM]
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| Filing 13 Amended Docketing Statement filed by Appellants Xingjian Sun, Ao Wang and Xing Zhao. Prior or Related proceedings: No. [13] [7319601] [23-1960] (Puknys, Erik) [Entered: 06/27/2023 12:21 PM] |
| Filing 12 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 Ann McAllister Olivarius for Appellants Xingjian Sun, Xing Zhao and Ao Wang 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". [12] [7319541] [23-1960] (LJ) [Entered: 06/27/2023 10:11 AM] |
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Filing 11
ORDER: Appellants shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before June 27, 2023. (See order for details) DW [11] [7317858] [23-1960] (AP) [Entered: 06/20/2023 11:58 AM]
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| Filing 10 Amended Docketing Statement filed by Appellants Xingjian Sun, Ao Wang and Xing Zhao. Prior or Related proceedings: No. [10] [7316469] [23-1960] (Puknys, Erik) [Entered: 06/12/2023 03:04 PM] |
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Filing 9
ORDER: The appellants shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before June 14, 2023. (See order for further details.) DW [9]; [9] [7315592] [23-1960] (CG) [Entered: 06/07/2023 02:35 PM]
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| Filing 8 Amended Docketing Statement filed by Appellants Xingjian Sun, Ao Wang and Xing Zhao. Prior or Related proceedings: No. [8] [7315396] [23-1960] (Puknys, Erik) [Entered: 06/06/2023 06:20 PM] |
| Filing 7 Filed Seventh Circuit Transcript Information Sheet by Appellants Xingjian Sun, Ao Wang and Xing Zhao. [7] [7314884] [23-1960] (Puknys, Erik) [Entered: 06/05/2023 12:22 PM] |
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Filing 6
ORDER: Circuit Rule 3(c)(1), referencing Circuit Rule 28(a), requires an appellant to file a docketing statement which identifies the provision of the constitution or federal statute involved if, as appellant claims, jurisdiction is based on the existence of a federal question pursuant to 28 U.S.C. 1331. In the present case, appellants Circuit Rule 3(c) docketing statement fails to set forth the federal statute or constitutional provision involved in this case. It is insufficient to cite 28 U.S.C. 1331. Accordingly, appellants shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before June 8, 2023. DW [6] [7314409] [23-1960] (HTP) [Entered: 06/01/2023 02:27 PM]
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| Filing 5 Docketing Statement filed by Appellants Xingjian Sun, Ao Wang and Xing Zhao. Prior or Related proceedings: No. [5] [7314045] [23-1960] (Puknys, Erik) [Entered: 05/31/2023 12:40 PM] |
| Filing 4 Added Attorney(s) Erik Puknys for party(s) Appellant Xingjian Sun Appellant Ao Wang Appellant Xing Zhao, in case 23-1960 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Erik Raymond Puknys for Appellants Xingjian Sun, Xing Zhao and Ao Wang. [4] [7313902] (L-Yes; E-Yes; R-No) [23-1960]--[Edited 05/31/2023 by AD to reflect the addition of counsel.] (Puknys, Erik) [Entered: 05/30/2023 05:28 PM] |
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Filing 3
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellants' brief due on or before 07/24/2023 for Xingjian Sun, Ao Wang and Xing Zhao. Appellee's brief due on or before 08/23/2023 for Gary Gang Xu. Appellants' reply brief, if any, is due on or before 09/13/2023 for Appellants Xingjian Sun, Ao Wang and Xing Zhao. RJS [7312714] [23-1960] (HTP) [Entered: 05/24/2023 03:15 PM]
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| Filing 2 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Thursday, June 22, 2023 at 9:30 a.m. Central Time. See Notice for further details and requirements. RJS. [2] [7312713] [23-1960] (HTP) [Entered: 05/24/2023 03:12 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants Xingjian Sun, Ao Wang and Xing Zhao by 05/30/2023. Transcript information sheet due by 06/05/2023. Appellant's brief due on or before 07/03/2023 for Xingjian Sun, Ao Wang and Xing Zhao. [1] [7312060] [23-1960] (ER) [Entered: 05/22/2023 12:49 PM] |
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