Liberty Mutual Fire Insurance Company v. Amerisure Insurance Company
| OLD REPUBLIC GENERAL INSURANCE |
| LIBERTY MUTUAL FIRE INSURANCE COMPANY |
| AMERISURE INSURANCE COMPANY |
| 23-3059 |
| October 25, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Insurance |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 Motion filed by Appellant Liberty Mutual Fire Insurance Company to dismiss case. [13] [7354907] [23-3059] (Sobczak, Mark) [Entered: 12/20/2023 05:12 PM] |
Filing 12
ORDER: Defendant-appellant Liberty Mutual Fire Insurance Company shall file, on or before December 20, 2023, a brief memorandum stating why this appeal should not be dismissed as unnecessary. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing shall remain SUSPENDED pending further court order. (See order for further details) JAF [7351940] [12] [7351940] [23-3059] (PS) [Entered: 12/06/2023 02:09 PM]
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| Filing 11 Jurisdictional memorandum filed by Appellee Amerisure Insurance Company. [11] [7348639] [23-3059] (Elder, Donald) [Entered: 11/17/2023 12:19 PM] |
| Filing 10 Jurisdictional memorandum filed by Appellant Liberty Mutual Fire Insurance Company. [10] [7348483] [23-3059] (Sobczak, Mark) [Entered: 11/17/2023 06:19 AM] |
| Filing 9 Amended Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Donald E. Elder for Appellee Amerisure Insurance Company. [9] [7347994] (L-Yes; E-Yes; R-No) [23-3059] (Elder, Donald) [Entered: 11/15/2023 11:01 AM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Donald E. Elder for Appellee Amerisure Insurance Company. [8] [7347178] (L-Yes; E-Yes; R-No) [23-3059] (Elder, Donald) [Entered: 11/10/2023 04:04 PM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Anthony N. Balice for Appellee Amerisure Insurance Company. [7] [7347177] (L-No; E-Yes; R-No) [23-3059]--[Edited 11/13/2023 by FP to reflect that atty. Balice is added to the docket.] (Balice, Anthony) [Entered: 11/10/2023 04:01 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Alexander B. Mahler for Appellant Liberty Mutual Fire Insurance Company. [6] [7346625] (L-No; E-Yes; R-No) [23-3059] [Edited 11/08/2023 by CG to reflect the addition of counsel.] (Mahler, Alex) [Entered: 11/08/2023 06:54 AM] |
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Filing 5
ORDER: For declaratory judgment actions, district courts must declare specifically and separately the respective rights of the parties, not simply state in a memorandum opinion, minute order, or a form prescribed for judgments in a civil case that a motion has been granted or denied. Calumet River v. Intl Union Operating Engineers, 824 F.3d 645, 651 (7th Cir. 2016); see Philadelphia Indemnity Ins. Co. v. The Chicago Trust Co., 930 F.3d 910, 912 (7th Cir. 2019) (court remanded case with instructions to enter a new judgment that implements the district judges opinion, abides by Rule 58, and resolves the whole case). Rule 58(b)(2) also requires that the judge, not a clerk, review and approve the form of a declaratory judgment. Greenhill v. Vartanian, 917 F.3d 984, 987 (7th Cir. 2019). In this case, the clerk of courtnot the judgeentered and signed the judgment. The parties should ensure that the district court has issued a fully compliant Rule 58 judgment. See Armstrong v. Ahitow, 36 F.3d 574 (7th Cir. 1994) (per curiam); Tobey v. Extel/JWP, Inc., 985 F.2d 330, 331 (7th Cir. 1993). Indeed, the court has stressed the importance of a clear, definite and specific judgment and reminded counsel of their duty to request the court to enter a proper judgment if one has not been entered. Health Cost Controls of Ill. V. Washington, 187 F.3d 703, 708 (7th Cir. 1999). Accordingly, both appellants and appellee shall file, on or before November 17, 2023, a brief memorandum stating why this appeal should not be remanded to the district court to enter a proper judgment. Briefing shall be SUSPENDED pending further court order. [7345715] JAF [5] [7345715] [23-3059] (HTP) [Entered: 11/03/2023 08:59 AM]
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| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David J. Rock for Appellant Liberty Mutual Fire Insurance Company. [4] [7345629] (L-No; E-Yes; R-No) [23-3059] (Rock, David) [Entered: 11/02/2023 03:09 PM] |
| Filing 3 Added Attorney(s) Mark John Sobczak for party(s) Appellant Liberty Mutual Fire Insurance Company, in case 23-3059 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark J. Sobczak for Appellant Liberty Mutual Fire Insurance Company. [3] [7345626] (L-Yes; E-Yes; R-No) [23-3059]--[Edited 11/02/2023 by AD to reflect the addition of counsel.] (Sobczak, Mark) [Entered: 11/02/2023 03:06 PM] |
| Filing 2 Filed Seventh Circuit Transcript Information Sheet by Appellant Liberty Mutual Fire Insurance Company. [2] [7345136] [23-3059] (Rock, David) [Entered: 10/31/2023 03:38 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 11/08/2023. Appellant's brief due on or before 12/04/2023 for Liberty Mutual Fire Insurance Company. [1] [7344230] [23-3059] (FP) [Entered: 10/26/2023 03:44 PM] |
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