RCBA Nutraceuticals, LLC v. ProAmpac Holdings, Inc.
| RCBA NUTRACEUTICALS, LLC, d/b/a Ronnie Coleman Signature Series |
| PROAMPAC HOLDINGS, INC. |
| 23-3171 |
| November 13, 2023 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Contract Actions |
Docket Report
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Filing 22
ORDER: 1. Motion of defendant-appellee for expedited consideration, filed on 12/22/2023. 2. Plaintiff-appellee's response in oppostion to motion of defendant-appellee for expedited consideration, filed on 1/3/2024. The motion is DENIED. [ # 17 ] [ # 19 ] SCR [22] [7358003] [23-3171] (FP) [Entered: 01/10/2024 01:46 PM]
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| Filing 21 Brief deficiency letter sent to Appellant RCBA Nutraceuticals, LLC. [21] [7357664] [23-3171] (CAH) [Entered: 01/09/2024 09:03 AM] |
| Filing 20 Submitted appellant brief by Michael P. Crooks for Appellant RCBA Nutraceuticals, LLC. [20] 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. [7357643] [23-3171] (JAD) [Entered: 01/08/2024 04:37 PM] |
| Filing 19 Filed Response in Opposition by to RESPONSE IN OPPOSITION TO MOTION OF DEFENDANT-APPELLEE FOR EXPEDITED CONSIDERATION. [19][7356786] [23-3171] (Crooks, Michael) [Entered: 01/03/2024 05:09 PM] |
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Filing 18
ORDER re: Motion of defendant appellee for expedited consideration, filed on 12/22/2023. The appellant shall respond to the motion by January 3, 2024. SCR [18] [7355514] [23-3171] (FP) [Entered: 12/22/2023 03:26 PM]
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| Filing 17 Motion filed by Appellee ProAmpac Holdings, Inc. to expedite appeal. [17] [7355433] [23-3171] (Bertocchi, Joel) [Entered: 12/22/2023 12:23 PM] |
| Filing 16 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 Lorayne Perez for Appellee ProAmpac Holdings, Inc. 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". [16] [7354973] [23-3171] (LJ) [Entered: 12/21/2023 09:29 AM] |
| Filing 15 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 William R. Clayton for Appellant RCBA Nutraceuticals, LLC 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". [15] [7354946] [23-3171] (LJ) [Entered: 12/21/2023 09:13 AM] |
| Filing 14 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 Sara A. Brubaker for Appellee ProAmpac Holdings, Inc. 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". [14] [7354935] [23-3171] (LJ) [Entered: 12/21/2023 09:04 AM] |
| Filing 13 Amended Statement of Jurisdiction filed by Appellant RCBA Nutraceuticals, LLC. Prior or Related proceedings: No. [13] [7352122] [23-3171] (Crooks, Michael) [Entered: 12/07/2023 10:41 AM] |
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Filing 12
ORDER: Appellant RCBA Nutraceuticals, LLC shall file a complete statement of jurisdiction that includes the citizenship of all of its members. The statement is due on or before December 12, 2023. (See order for details) DW [12] [7351942] [23-3171] (AP) [Entered: 12/06/2023 02:15 PM]
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| Filing 11 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Sara A. Brubaker for Appellee ProAmpac Holdings, Inc.. [11] [7350900] (L-No; E-Yes; R-No) [23-3171] (Bertocchi, Joel) [Entered: 11/30/2023 05:17 PM] |
| Filing 10 Added Attorney(s) Joel David Bertocchi for party(s) Appellee ProAmpac Holdings, Inc., in case 23-3171 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joel D. Bertocchi for Appellee ProAmpac Holdings, Inc.. [10] [7350899] (L-Yes; E-Yes; R-No) [23-3171]--[Edited 12/01/2023 by AD to reflect the addition of counsel.] (Bertocchi, Joel) [Entered: 11/30/2023 05:10 PM] |
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Filing 9
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 01/08/2024 for RCBA Nutraceuticals, LLC. Appellee's brief due on or before 02/07/2024 for ProAmpac Holdings, Inc.. Appellant's reply brief, if any, is due on or before 02/28/2024 for Appellant RCBA Nutraceuticals, LLC. JB [7349588] [23-3171] (AD) [Entered: 11/22/2023 03:46 PM]
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| Filing 8 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted via Zoom, Tuesday, December 5, 2023 at 2:00 p.m. Central Time. See Notice for further details and requirements. JB [8] [7349587] [23-3171] (AD) [Entered: 11/22/2023 03:44 PM] |
| Filing 7 Amended Docketing Statement filed by Appellant RCBA Nutraceuticals, LLC. Prior or Related proceedings: No. [7] [7348061] [23-3171] (Crooks, Michael) [Entered: 11/15/2023 01:34 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 that 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, on diversity of citizenship for federal jurisdiction. However, appellants Circuit Rule 3(c) docketing statement fails to identify the amount in controversy and the citizenship of each litigant. It is insufficient to assert that the district court has jurisdiction in this matter pursuant to 28 US 1332 because complete diversity exists between the parties. 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. Among other things, if the case is a direct appeal from the decision of a magistrate judge, the docketing statement must provide the dates on which each party consented in writing to the entry of final judgment by the magistrate judge. The docketing statement must also include the filing date of any motion for a new trial or alteration of the judgment or any other motion claimed to toll the time within which to appeal. In the present case, a magistrate judge issued the final judgment from which appellant appeals. However, appellants Circuit Rule 3(c) docketing statement fails to set forth the dates on which each party consented in writing to proceed before a magistrate judge. The docketing statement also does not indicate the filing date of the motion to reconsider. Accordingly, the appellant RCBA Nutraceuticals, LLC shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before November 21, 2023. DW [6] [7348025] [23-3171] (FP) [Entered: 11/15/2023 11:48 AM]
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| Filing 5 Filed Seventh Circuit Transcript Information Sheet by Appellant RCBA Nutraceuticals, LLC. [5] [7347942] [23-3171] (Crooks, Michael) [Entered: 11/15/2023 09:28 AM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael P. Crooks [4] [7347941] (L-Yes; E-Yes; R-No) [23-3171] (Crooks, Michael) [Entered: 11/15/2023 09:27 AM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Maria del Pizzo Sanders for Appellant RCBA Nutraceuticals, LLC. [3] [7347940] (L-No; E-Yes; R-No) [23-3171]--[Edited 11/15/2023 by PS - to reflect the addition of counsel.] (Crooks, Michael) [Entered: 11/15/2023 09:26 AM] |
| Filing 2 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William C. Clayton for Appellant RCBA Nutraceuticals, LLC. [2] [7347938] (L-No; E-Yes; R-No) [23-3171] (Crooks, Michael) [Entered: 11/15/2023 09:24 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 11/27/2023. Appellant's brief due on or before 12/26/2023 for RCBA Nutraceuticals, LLC. [1] [7347703] [23-3171] (PS) [Entered: 11/14/2023 12:18 PM] |
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| Plaintiff / appellant: RCBA NUTRACEUTICALS, LLC, d/b/a Ronnie Coleman Signature Series | |
| Represented By: | William R. Clayton |
| Represented By: | Michael Crooks |
| Represented By: | Maria DelPizzo Sanders |
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| Defendant / appellee: PROAMPAC HOLDINGS, INC. | |
| Represented By: | Lorayne Perez |
| Represented By: | Sara A. Brubaker |
| Represented By: | Joel David Bertocchi |
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