Full Circle Villagebrook GP, LLC v. Protech 2004-D, LLC, et al
| FULL CIRCLE VILLAGEBROOK GP, LLC, an Illinois limited liability company |
| PROTECH 2004-D, LLC, an Ohio limited liability company, AMTAX HOLDINGS 436, LLC, an Ohio limited liability company and ALDEN TORCH FINANCIAL LLC, a Delaware limited liability company |
| 23-2974 |
| October 12, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Contract Actions |
Docket Report
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| Filing 9 Added Attorney Justin H. Jenkins for Appellant Full Circle Villagebrook GP, LLC, in case 23-2974 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Justin H. Jenkins for Appellant Full Circle Villagebrook GP, LLC. [9] [7346551] (L-No; E-Yes; R-No) [23-2974]--[Edited 11/07/2023 by MAN to reflect addition of counsel] (Jenkins, Justin) [Entered: 11/07/2023 03:03 PM] |
| Filing 8 Amended Jurisdictional Statement filed by Appellant Full Circle Villagebrook GP, LLC. [8] [7346491] [23-2974] (Davenport, David) [Entered: 11/07/2023 01:51 PM] |
| Filing 7 Filed Memorandum by Appellees Alden Torch Financial LLC, AMTAX Holdings 436, LLC and Protech 2004-D, LLC to Court Order re: Judgment. [7][7345170] [23-2974] (Kiser, Livia) [Entered: 10/31/2023 05:00 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Livia M. Kiser for Appellees Alden Torch Financial LLC, AMTAX Holdings 436, LLC and Protech 2004-D, LLC. [6] [7345163] (L-Yes; E-Yes; R-Yes) [23-2974]--[Edited 10/31/2023 by PS - to reflect the termination and addition of counsel.] (Kiser, Livia) [Entered: 10/31/2023 04:34 PM] |
Filing 5
ORDER re: Appellant's Amended Docketing Statement. 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 jurisdictional amount and the citizenship of each party to the litigation. If any party is a corporation, the rule specifically requires the appellant to identify both the state of incorporation and the state in which the corporation has its principal place of business. And if any party is an unincorporated association or partnership, the statement must identify the citizenship of all members. In the present case, appellant Full Circle Villagebrook GP, LLC relies on diversity of citizenship for federal jurisdiction. However, appellant's amended Circuit Rule 3(c) docketing statement fails to identify the state of citizenship of Alan Fair, a member of the unincorporated associations. Appellant must provide this information. It is insufficient, for purposes of diversity jurisdiction, to disclose the residency of Alan Fair; 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, appellant shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before November 7, 2023. JAF [5] [7345098] [23-2974] (AD) [Entered: 10/31/2023 02:18 PM]
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| Filing 4 Amended Jurisdictional Statement filed by Appellant Full Circle Villagebrook GP, LLC. [4] [7343685] [23-2974] (Davenport, David) [Entered: 10/24/2023 03:47 PM] |
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Filing 3
ORDER: Appellant shall file a complete statement of jurisdiction that includes the citizenship of all members of Full Circle Villagebrook, GP, LLC and Alden Torch Financial, LLC, as well as the other information required by Circuit Rule 28(a)(2). The statement is due on or before October 24, 2023. (See order for details) DW [3] [7341909] [23-2974] (ER) [Entered: 10/16/2023 04:25 PM]
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Filing 2
ORDER: Appellant Full Circle Villagebrook GP, LLC and Appellees AMTAX Holdings 436, LLC, Alden Torch Financial LLC and Protech 2004-D, LLC shall file a brief memorandum stating why this appeal should not be remanded to the district court to enter a proper judgment. Briefing is SUSPENDED pending further court order. (See order for further details) [7341905] DW Jurisdictional memorandum due for Appellees AMTAX Holdings 436, LLC, Alden Torch Financial LLC and Protech 2004-D, LLC and Appellant Full Circle Villagebrook GP, LLC by 10/31/2023. [2] [7341905] [23-2974] (ER) [Entered: 10/16/2023 04:19 PM]
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| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 10/26/2023. Appellant's brief due on or before 11/21/2023 for Full Circle Villagebrook GP, LLC. [1] [7341392] [23-2974] (MAN) [Entered: 10/13/2023 09:09 AM] |
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| Plaintiff / appellant: FULL CIRCLE VILLAGEBROOK GP, LLC, an Illinois limited liability company | |
| Represented By: | David A. Davenport |
| Represented By: | Justin H. Jenkins |
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| Defendant / appellee: PROTECH 2004-D, LLC, an Ohio limited liability company | |
| Represented By: | Eric S. Pettit |
| Represented By: | Livia M. Kiser |
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| Defendant / appellee: AMTAX HOLDINGS 436, LLC, an Ohio limited liability company | |
| Represented By: | Eric S. Pettit |
| Represented By: | Livia M. Kiser |
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| Defendant / appellee: ALDEN TORCH FINANCIAL LLC, a Delaware limited liability company | |
| Represented By: | Eric S. Pettit |
| Represented By: | Livia M. Kiser |
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