Paula Wallrich, et al v. Samsung Electronics America, Incorporated, et al
| PAULA WALLRICH, DANIELLE JONES, GRANT GRINNELL, JEFFREY BURTON and RHONDA MCCALLUM |
| SAMSUNG ELECTRONICS AMERICA, INCORPORATED and SAMSUNG ELECTRONICS COMPANY, LIMITED |
| CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, CONSUMER TECHNOLOGY ASSOCIATION, NATIONAL RETAIL FEDERATION, AMERICAN BANKERS ASSOCIATION, RESTAURANT LAW CENTER and RETAIL LITIGATION CENTER, INC. |
| 23-2842 |
| September 25, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Statutes |
Docket Report
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| Filing 42 Re-Submitted brief by Matthew A. Fitzgerald for amicus Retail Litigation Center, Inc.. 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. [7349456] [23-2842] (Fitzgerald, Matthew) [Entered: 11/22/2023 12:15 PM] |
| Filing 43 Amicus brief filed by Amicus Curiae Retail Litigation Center, Inc. by consent. Paper copies due on 11/29/2023 [43] [7349576] [23-2842] (KRA) [Entered: 11/22/2023 03:23 PM] |
| Filing 41 THE AMICUS BRIEF AT #39 CONSISTS OF MORE THAN 5 PARTIES.. The following are those parties to this cause as reflected on the Amicus Brief at #39, yet are not reflected on the Appellate docket/caption for administrative purposes: CTIA-The Wireless Association [41] [7349368] [23-2842] (SK) [Entered: 11/22/2023 10:04 AM] |
| Filing 40 Brief deficiency letter sent to amicus Retail Litigation Center, Inc.. [40] [7349364] [23-2842] (KRA) [Entered: 11/22/2023 09:53 AM] |
| Filing 39 Amicus brief filed by Amici Curiae Restaurant Law Center, American Bankers Association, National Retail Federation, Consumer Technology Association and Chamber of Commerce of the United States of America by consent. Paper copies due on 11/28/2023 [39] [7349355] [23-2842] (SK) [Entered: 11/22/2023 09:34 AM] |
| Filing 38 Submitted brief by Andrew J. Pincus for amicus The Chamber of Commerce of the United States of America, The Consumer Technology Association, The National Retail Federation, The American Bankers Association, The Restaurant Law Center, CTIA-The Wireless Association. Leave granted by court order. [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. [7349312] [23-2842] (Pincus, Andrew) [Entered: 11/21/2023 08:46 PM] |
| Filing 37 Submitted brief by Matthew A. Fitzgerald for amicus Retail Litigation Center, Inc.. 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. [7349266] [23-2842] (Fitzgerald, Matthew) [Entered: 11/21/2023 03:40 PM] |
| Filing 36 Paper copies of appellant brief and appendix vols. I - IX filed by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [36] [7348622] [23-2842] (EF) [Entered: 11/17/2023 12:00 PM] |
| Filing 35 Filed Appendix vols. I - IX by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [35] [7347987] Paper copies due on 11/21/2023 [23-2842] (DAB) [Entered: 11/15/2023 10:43 AM] |
| Filing 34 Appellant's brief filed by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. Paper copies due on 11/21/2023. 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). [34] [7347983] [23-2842] (DAB) [Entered: 11/15/2023 10:37 AM] |
| Filing 33 Submitted Supplemental Appendix by Shay Dvoretzky for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [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. [7347891] [23-2842] (Dvoretzky, Shay) [Entered: 11/14/2023 05:48 PM] |
| Filing 32 Submitted appellant brief by Shay Dvoretzky for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [32] 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. [7347889] [23-2842] (Dvoretzky, Shay) [Entered: 11/14/2023 05:44 PM] |
| Filing 31 Argument set for Thursday, February 15, 2024, 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. Minutes to be assigned later. [31] [7347371] [23-2842] (SK) [Entered: 11/13/2023 12:39 PM] |
| Filing 30 NOTICE: Attorney Mr. Shay Dvoretzky for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited will not be available for oral argument January 8, 9, 10, 11, and 12, 2024. [30] [7347162] [23-2842] (Dvoretzky, Shay) [Entered: 11/09/2023 10:56 PM] |
Filing 29
ORDER re: 1. Motion to stay the district court's order; request for administrative stay until the court rules; and motion to expedite the appeal. 2. Appellee's opposition to appellants' motion to stay the district court's September 12, 2023 order. 3. Reply in support of the motion to stay the district court's order and motion to expedite the appeal. [ # 21 ], The motion for a stay pending appeal is granted. The district court's order dated September 12, 2023, is stayed pending the resolution of this appeal and the issuance of this court's mandate. The motion to expedite also is granted. Briefing in this appeal will proceed as follows: The brief and required short appendix of the appellants is due by November 14, 2023. The brief of the appellees is due by December 12, 2023. The reply brief of the appellants, if any, is due by December 22, 2023. Oral argument will be set by a separate order. The parties' briefs must discuss in detail both this court's appellate jurisdiction (including the effect of Green Tree Financial Corp. v. Randolph, 531 U.S. 79 (2000)) and the district court's subject-matter jurisdiction (including the effect of Vaden v. Discover Bank, 556 U.S. 49 (2009), and 9 U.S.C. 203). JPK [29] [7346781] [23-2842] (CG) [Entered: 11/08/2023 02:38 PM]
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| Filing 28 Filed Reply by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited to Motion filed by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited for stay pending appeal of District Court Memorandum Opinion and Order, Dist. Ct. Doc. 51 (Sept. 12, 2023) and., to expedite appeal. [28][7346150] [23-2842] (Dvoretzky, Shay) [Entered: 11/06/2023 01:57 PM] |
| Filing 27 Amended Docketing Statement filed by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. Prior or Related proceedings: No. [27] [7345983] [23-2842] (Dvoretzky, Shay) [Entered: 11/06/2023 09:08 AM] |
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Filing 26
ORDER re: Motion for leave to file reply supporting motion to stay the district courts order and motion to expedite the appeal. [ # 25 ] The motion is GRANTED. Appellants may file a reply on or before 5:00 p.m. on November 6, 2023. JPK [26] [7345666] [23-2842] (PS) [Entered: 11/02/2023 04:01 PM]
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| Filing 25 Motion filed by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited to file Reply Supporting Motion to Stay the District Court's Order and Motion to Expedite the Appeal. [25] [7345547] [23-2842] (Dvoretzky, Shay) [Entered: 11/02/2023 01:15 PM] |
| Filing 24 Filed Response in Opposition by Appellees Jeffrey Burton, Grant Grinnell, Danielle Jones, Rhonda McCallum and Paula Wallrich to Appellants' Motion to Stay the District Court's September 12, 2023, Order.. [24][7345454] [23-2842] (Gardner, Jonathan) [Entered: 11/02/2023 10:45 AM] |
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Filing 23
ORDER: Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited must file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before November 6, 2023. (See order for further details). JAF [23] [23] [7344910] [23-2842] (HTP) [Entered: 10/30/2023 04:16 PM]
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Filing 22
ORDER re: MOTION TO STAY THE DISTRICT COURTS ORDER; REQUEST FOR ADMINISTRATIVE STAY UNTIL THE COURT RULES; AND MOTION TO EXPEDITE THE APPEAL. The district courts order dated September 12, 2023, is temporarily STAYED pending further order of this court. Further, appellees shall file a response to the motion on or before 5:00 p.m. on November 2, 2023. JPK [22] [7344247] [23-2842] (AD) [Entered: 10/26/2023 03:57 PM]
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| Filing 21 Motion filed by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited for stay pending appeal of District Court Memorandum Opinion and Order, Dist. Ct. Doc. 51 (Sept. 12, 2023) and., to expedite appeal. [21] [7343808] [23-2842] (Dvoretzky, Shay) [Entered: 10/25/2023 10:49 AM] |
| Filing 20 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jeremy Patashnik for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [20] [7343787] (L-No; E-Yes; R-No) [23-2842] [20] [7343787] [23-2842]--[Edited 10/25/2023 by HTP to reflect addition of counsel.] (Patashnik, Jeremy) [Entered: 10/25/2023 09:57 AM] |
| Filing 19 Filed Reply by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited to Filed Response in Opposition by Appellees Jeffrey Burton, Grant Grinnell, Danielle Jones, Rhonda McCallum and Paula Wallrich to Respondents-Appellants' Jurisdictional Memorandum. [18][7341525] [23-2842] (Gardner, Jonathan) [Entered: 10/13/2023 01:40 PM]. [19][7342430] [23-2842] (Dvoretzky, Shay) [Entered: 10/18/2023 03:48 PM] |
| Filing 18 Filed Response in Opposition by Appellees Jeffrey Burton, Grant Grinnell, Danielle Jones, Rhonda McCallum and Paula Wallrich to Respondents-Appellants' Jurisdictional Memorandum. [18][7341525] [23-2842] (Gardner, Jonathan) [Entered: 10/13/2023 01:40 PM] |
| Filing 17 Jurisdictional memorandum filed by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [17] [7340829] [23-2842] (Dvoretzky, Shay) [Entered: 10/10/2023 04:59 PM] |
| Filing 16 Filed Seventh Circuit Transcript Information Sheet by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [16] [7340812] [23-2842] (Dvoretzky, Shay) [Entered: 10/10/2023 04:22 PM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Colm P. McInerney for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [15] [7340499] (L-No; E-Yes; R-Yes) [23-2842] (McInerney, Colm) [Entered: 10/06/2023 03:59 PM] |
| Filing 14 Added Attorney Kurt Hemr for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited, in case 23-2842 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kurt Wm. Hemr for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [14] [7340497] (L-No; E-Yes; R-No) [23-2842]--[Edited 10/10/2023 by MAN to reflect addition of counsel] (Hemr, Kurt) [Entered: 10/06/2023 03:51 PM] |
| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Randall W. Edwards for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [13] [7340296] (L-Yes; E-Yes; R-No) [23-2842] (Edwards, Randall) [Entered: 10/05/2023 11:05 PM] |
| Filing 12 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Matthew D. Powers for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [12] [7340294] (L-No; E-No; R-No) [23-2842] (Powers, Matthew) [Entered: 10/05/2023 10:32 PM] |
| Filing 11 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jonathan D. Hacker for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [11] [7340293] (L-No; E-No; R-No) [23-2842] (Hacker, Jonathan) [Entered: 10/05/2023 10:08 PM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ashley M. Pavel for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [10] [7340292] (L-No; E-No; R-No) [23-2842] (Pavel, Ashley) [Entered: 10/05/2023 10:00 PM] |
| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorneys Shay Dvoretzky, Michael W. McTigue Jr., Meredith C. Slawe, Parker Rider-Longmaid, Kyser Blakely for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [9] [7340291] (L-Yes; E-Yes; R-No) [23-2842] [Edited 10/06/2023 by CG to reflect the addition of counsel.] (Dvoretzky, Shay) [Entered: 10/05/2023 09:12 PM] |
| Filing 8 Docketing Statement filed by Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. Prior or Related proceedings: No. [8] [7339137] [23-2842] (Edwards, Randall) [Entered: 09/29/2023 04:50 PM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Melissa H. Nafash for Appellees Jeffrey Burton, Grant Grinnell, Danielle Jones, Rhonda McCallum and Paula Wallrich. Additional Parties: Providencia Villegas. [7] [7338774] (L-No; E-Yes; R-No) [23-2842] [7] [7338774] [23-2842]--[Edited 09/28/2023 by HTP to reflect addition of counsel.] (Nafash, Melissa) [Entered: 09/28/2023 01:40 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jonathan Gardner for Appellees Jeffrey Burton, Grant Grinnell, Danielle Jones, Rhonda McCallum and Paula Wallrich. Additional Parties: Providencia Villegas. [6] [7338772] (L-Yes; E-Yes; R-No) [23-2842] (Gardner, Jonathan) [Entered: 09/28/2023 01:38 PM] |
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Filing 5
ORDER: Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited shall file 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 is SUSPENDED pending further court order. (See order for further details) [7338700] Jurisdictional memorandum due for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited by 10/12/2023. JAF [5] [7338700] [23-2842] (MAN) [Entered: 09/28/2023 11:46 AM]
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Filing 4
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 11/16/2023 for Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. Appellee's brief due on or before 12/18/2023 for Jeffrey Burton, Grant Grinnell, Danielle Jones, Rhonda McCallum and Paula Wallrich. Appellant's reply brief, if any, is due on or before 01/08/2024 for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. RJS [7338251] [23-2842] (AD) [Entered: 09/27/2023 09:51 AM]
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| Filing 3 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Monday, October 16, 2023 at 2:00 p.m. Central Time. See Notice for further details and requirements. JNS [3] [7338250] [23-2842] (AD) [Entered: 09/27/2023 09:49 AM] |
| Filing 2 THIS CAUSE 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: APPELLEES: Providencia Villegas and 49,980 other individuals. [2] [7337638] [23-2842] (MAN) [Entered: 09/25/2023 11:42 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited by 09/22/2023. Transcript information sheet due by 10/10/2023. Appellant's brief due on or before 11/06/2023 for Samsung Electronics America, Incorporated and Samsung Electronics Company, Limited. [1] [7337636] [23-2842] (MAN) [Entered: 09/25/2023 11:38 AM] |
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