Seneca Insurance Company v. Celli Trucking Company, et al
| SENECA INSURANCE COMPANY |
| CELLI TRUCKING COMPANY, CARLO CELLI, CELLI LEASING COMPANY, CELLI PETROLEUM COMPANY and CELLI ENTERPRISES, INC. |
| 23-3071 |
| October 27, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Insurance |
Docket Report
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| Filing 11 Filed Response by Appellants Celli Enterprises, Inc., Celli Leasing Company, Celli Petroleum Company, Celli Trucking Company and Carlo Celli in 23-3071 to to the Court Order entered December 14, 2023. [11][7353847] [23-3071, 23-3041] (Genson, Sheila) [Entered: 12/15/2023 10:41 AM] |
Filing 10
ORDER: The court, on its own motion, orders defendants-appellants Celli Trucking Company, Carlo Celli, Celli Leasing Company, Celli Petroleum Company, and Celli Enterprises, Inc. (the Celli Defendants) to show cause for its failure to respond to the courts order of November 14, 2023. The Celli Defendants shall file the response on or before December 21, 2023. JAF. [10] [7353539] [23-3071] (FP) [Entered: 12/14/2023 10:05 AM]
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| Filing 9 Filed status report by Appellant Seneca Insurance Company in 23-3041. [9] [7352660] [23-3041, 23-3071] (Sampen, Don) [Entered: 12/11/2023 09:50 AM] |
| Filing 8 Jurisdictional memorandum filed by Appellants Celli Enterprises, Inc., Celli Leasing Company, Celli Petroleum Company, Celli Trucking Company and Carlo Celli in 23-3071. [8] [7348921] [23-3071, 23-3041] (Genson, Sheila) [Entered: 11/20/2023 03:46 PM] |
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Filing 7
ORDER re: 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. In the present case, appellants rely on diversity of citizenship for federal jurisdiction. However, appellants amended Circuit Rule 3(c) docketing statement fails to identify the state of citizenship of Carlo Celli. It is insufficient, for purposes of diversity jurisdiction, to disclose the residency of Carlo Celli; 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). Circuit Rule 3(c)(1), referencing Circuit Rule 28(a), also requires an appellant to file a docketing statement that provides information concerning appellate jurisdiction. If the appeal is from an order other than a final judgment that adjudicates all of the claims with respect to all parties, counsel must provide the information necessary to enable the court to determine whether the order is immediately appealable. If there has been a certificate under Fed. R. Civ. P. 54(b), the docketing statement must include the particulars and describe the relation between the claims or parties subject to the appeal and the claims or parties remaining in the district court. In the present case, the amended docketing statement does not include any discussion of the motion for entry of judgment under 54(b) and subsequent entry of judgment on October 4, 2023 . The appellants amended docketing statement fails to include the date the notice of appeal was filed. Accordingly, the appellants shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before November 21, 2023. JAF [7] [7347621] [23-3071] (CG) [Entered: 11/14/2023 10:19 AM]
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| Filing 6 Amended Jurisdictional Statement filed by Appellants Celli Enterprises, Inc., Celli Leasing Company, Celli Petroleum Company, Celli Trucking Company and Carlo Celli. [6] [7347480] [23-3071] (Genson, Sheila) [Entered: 11/13/2023 03:43 PM] |
| Filing 5 Filed Seventh Circuit Transcript Information Sheet by Appellants Celli Enterprises, Inc., Celli Leasing Company, Celli Petroleum Company, Celli Trucking Company and Carlo Celli in 23-3071. [5] [7347320] [23-3071, 23-3041] (Genson, Sheila) [Entered: 11/13/2023 11:13 AM] |
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Filing 4
ORDER: Appellants Carlo Celli, Celli Enterprises, Inc., Celli Leasing Company, Celli Petroleum Company and Celli Trucking Company shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. Briefing is SUSPENDED pending further court order. (See order for further details) [7346131] JAF Jurisdictional memorandum due for Appellants Carlo Celli, Celli Enterprises, Inc., Celli Leasing Company, Celli Petroleum Company and Celli Trucking Company by 11/20/2023. [4] [7346131] [23-3071] (AD) [Entered: 11/06/2023 12:49 PM]
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Filing 3
ORDER re: 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, defendants-appellants Celli Trucking Company, Carlo Celli, et al (Celli Defendants) rely on diversity of citizenship for federal jurisdiction. However, their Circuit Rule 3(c) docketing statement fails to identify the amount in controversy and the state of citizenship of each party to this litigation. Appellants must provide this information. Accordingly, defendants-appellants Celli Trucking Company, Carlo Celli, et al (Celli Defendants) shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before November 13, 2023. JAF [3] [3] [7346098] [23-3071] (CG) [Entered: 11/06/2023 12:06 PM]
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| Filing 2 Docketing Statement filed by Appellants Carlo Celli, Celli Enterprises, Inc., Celli Leasing Company, Celli Petroleum Company and Celli Trucking Company. Prior or Related proceedings: Yes. 23-3041 [2] [7346070] [23-3071] (AD) [Entered: 11/06/2023 11:36 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants Carlo Celli, Celli Enterprises, Inc., Celli Leasing Company, Celli Petroleum Company and Celli Trucking Company by 10/30/2023. Transcript information sheet due by 11/13/2023. Appellant's brief due on or before 12/06/2023 for Carlo Celli, Celli Enterprises, Inc., Celli Leasing Company, Celli Petroleum Company and Celli Trucking Company. [1] [7344453] [23-3071] (ER) [Entered: 10/27/2023 12:54 PM] |
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