Paden Rothenberger v. Mode Transportation LLC, et al
| PADEN ROTHENBERGER |
| MODE TRANSPORTATION LLC and SYSCO CORPORATION |
| 24-1075 |
| January 18, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Motor Vehicle |
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Filing 20
ORDER: The appellants shall file a brief memorandum stating why Appeal Nos. 24-1021, 24-1022 and 24-1075 should not be dismissed as unnecessary. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing remains suspended pending further court order. (See order for further details) Memorandum due for Appellants Delos W. Luedtke, Mitchell Tischauser and Paden Rothenberger by 03/29/2024. DW [7370394][20] [20] [7370394] [24-1021, 24-1022, 24-1075] (MAN) [Entered: 03/15/2024 12:29 PM]
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| Filing 19 Jurisdictional memorandum filed by Appellee Mode Transportation LLC in 24-1021, 24-1022, 24-1075. [19] [7364293] [24-1021, 24-1022, 24-1075] (Butler, Sara) [Entered: 02/13/2024 03:01 PM] |
| Filing 18 Defendants-appellees' court-ordered brief memorandum regarding jurisdictional issues filed by Appellees Sysco Corporation and Mode Transportation LLC. submitted appellee brief by Sara M. Butler for Appellee Mode Transportation LLC in 24-1021, 24-1022, 24-1075. [18] 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. [7363806] [24-1021, 24-1022, 24-1075]--[Edited 02/12/2024 by CG to reflect correct document filed.] (Butler, Sara) [Entered: 02/09/2024 03:16 PM] |
| Filing 17 Filed Statement by Appellant Mitchell Tischauser in 24-1022 Attorney Rene L'Esperance to Court order of 02/02/2024 - Statement re: Rule 58(d). [17][7363799] [24-1022, 24-1021, 24-1075] (L'Esperance, Rene) [Entered: 02/09/2024 03:02 PM] |
| Filing 16 Statement of Jurisdiction filed by Appellant Paden Rothenberger. Prior or Related proceedings: Yes. 24-1021, 24-2022 Appellant, Paden Rothenberger's statement regarding Rule 58(d). [16] [7363729] [24-1075]--[Edited 02/09/2024 by ER - to reflect correct document title.] (Lindner, Miles) [Entered: 02/09/2024 12:02 PM] |
| Filing 15 Amended Docketing Statement filed by Appellees Sysco Corporation and Mode Transportation LLC in 24-1021, 24-1022, 24-1075. [15] [7363610] [24-1021, 24-1022, 24-1075]--[Text edited 02/12/2024 by JR.] (Butler, Sara) [Entered: 02/08/2024 04:47 PM] |
| Filing 14 Filed Statement Circuit Rule 54 Statement of Position by Appellant Delos W. Luedtke in 24-1021 regarding Rule 58(d), as ordered by this court's 2/2/2024 order. [14] [7363489] [24-1021, 24-1022, 24-1075]--[Text edited 02/12/2024 by JR.] (Toney, Steven) [Entered: 02/08/2024 02:39 PM] |
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Filing 13
ORDER: Appellees shall file, on or before February 9, 2024, a brief memorandum addressing the effect of Hall v. Hall, 138 S. Ct. 1118, 1131 (2018), on the finality and appealability of the three appeals. Further, appellees and appellants should advise the court whether they have requested the district court to enter a Rule 58 judgment, as Fed. R. Civ. P. 58(d) permits in each of these three cases, and if not, why not. The parties responses are due no later than February 9, 2024. Briefing in these consolidated appeals is SUSPENDED pending further court order. (See order for details) DW [13] [7362236] [24-1021, 24-1022, 24-1075] (AP) [Entered: 02/02/2024 11:31 AM]
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Filing 12
ORDER: Appellees shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before February 8, 2024. (See order for details) DW [12] [7362232] [24-1021] (AP) [Entered: 02/02/2024 11:22 AM]
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| Filing 11 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Tomislav Z Kuzmanovic, Catherine B. Weiler, Carlton D Fisher for Appellee Mode Transportation LLC in 24-1021, 24-1022, 24-1075. [11] [7362051] (L-No; E-Yes; R-No) [24-1021, 24-1022, 24-1075] -[Edited 02/01/2024 by ER - added Attorneys Tomislav Z. Kuzmanovic, Catherine B. Weiler and Carlton D. Fisher] (Butler, Sara) [Entered: 02/01/2024 02:13 PM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Sara M. Butler for Appellee Mode Transportation LLC in 24-1021, 24-1022, 24-1075. [10] [7362042] (L-Yes; E-Yes; R-No) [24-1021, 24-1022, 24-1075] (Butler, Sara) [Entered: 02/01/2024 01:38 PM] |
| Filing 9 Filed Seventh Circuit Transcript Information Sheet by Appellant Paden Rothenberger in 24-1075. [9] [7360983] [24-1075, 24-1021, 24-1022] (Lindner, Miles) [Entered: 01/26/2024 11:00 AM] |
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Filing 8
ORDER: Amending order of 01/24/2024. This matter comes before the court on consideration of appellant Rothenbergers amended Circuit Rule 3(c) Statement filed on January 24, 2024, appellant Luedtkes amended Circuit Rule 3(c) Statement filed on January 24, 2024, and appellant Tischausers amended Circuit Rule 3(c) Statement filed on January 24, 2024. Plaintiffs-appellants acknowledge that they are unable to identify the citizenship of all members of defendant Mode Transportation LLC. Further, it appears that defendants removed this matter to federal court. Therefore, as the parties asserting federal jurisdiction, defendants have the burden of establishing federal subject matter jurisdiction. See Muscarello v. Ogle County Bd. Of Commrs, 610 F.3d 416, 425 (7th Cir. 2010). Accordingly, the defendants shall file, on or before February 1, 2024, a joint Circuit Rule 3(c) Docketing Statement that, among other things, establishes the basis of diversity jurisdiction, including the identity and state(s)of citizenship of all members of defendant Mode Transportation LLC. [7360854] [24-1021, 24-1022, 24-1075]--[Edited 01/25/2024 by FP the last sentence has additional language.] (FP) [Entered: 01/25/2024 04:27 PM]
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Filing 7
ORDER: This matter comes before the court on consideration of appellant Rothenbergers amended Circuit Rule 3(c) Statement filed on January 24, 2024, and appellant Luedtkes Circuit Rule 3(c) Statement filed on January 24, 2024. Plaintiffs-appellants acknowledge that they are unable to identify the citizenship of all members of defendant Mode Transportation LLC. Further, it appears that defendants removed this matter to federal court. Therefore, as the parties asserting federal jurisdiction, defendants have the burden of establishing federal subject matter jurisdiction. See Muscarello v. Ogle County Bd. Of Commrs, 610 F.3d 416, 425 (7th Cir. 2010). Accordingly, the defendants shall file, on or before February 1, 2024, a joint Circuit Rule 3(c) Docketing Statement that, among other things, establishes the basis of diversity jurisdiction. DW [7] [7360604] [24-1021, 24-1022, 24-1075]--[Edited 01/25/2024 by FP; this order is AMENDED per 1/25/2024 order.] (FP) [Entered: 01/24/2024 04:08 PM]
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| Filing 6 Amended Jurisdictional Statement filed by Appellant Delos W. Luedtke in 24-1021. [6] [7360448] [24-1021, 24-1022, 24-1075] (Toney, Steven) [Entered: 01/24/2024 11:03 AM] |
| Filing 5 Amended Jurisdictional Statement filed by Appellant Paden Rothenberger in 24-1075. [5] [7360397] [24-1075, 24-1021, 24-1022] (Lindner, Miles) [Entered: 01/24/2024 09:03 AM] |
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Filing 4
ORDER: The court orders these appeals CONSOLIDATED for purposes of briefing and disposition: Appellants' briefs due on or before 02/27/2024 for Delos W. Luedtke, Mitchell Tischauser and Paden Rothenberger. Appellees' briefs due on or before 03/28/2024 for Mode Transportation LLC and Sysco Corporation. Appellants' reply briefs, if any, are due on or before 04/18/2024 for Appellants Delos W. Luedtke, Mitchell Tischauser and Paden Rothenberger. Counsel for appellees and appellants are encouraged to avoid unnecessary duplication by filing a joint brief or a joint appendix or by adopting parts of a co-partys brief. Duplicative briefing will be stricken and may result in disciplinary sanctions against counsel. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). Appellants, however, may not adopt the Jurisdictional Statement of another. Each appellants brief must include a complete Jurisdictional Statement. DW [4] [7359811] [24-1021, 24-1022, 24-1075] (FP) [Entered: 01/19/2024 03:57 PM]
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Filing 3
ORDER: In the present case, plaintiff relies on diversity of citizenship for federal jurisdiction. However, appellants Circuit Rule 3(c) docketing statement fails to identify all members of appellee Mode Transportation LLC, and each members state of citizenship. Appellant must provide this information. See Hicklin Engineering, L.C. v. R.J. Bartell, 439 F.3d 346, 34748 (7th Cir. 2006) (citizenship of a limited liability company is that of its members). And, the citizenship of such unincorporated association must be traced through however many layers of members there may be. Meyerson v. Harrahs East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). Accordingly, IT IS ORDERED that appellant file a complete statement of jurisdiction that includes the citizenship of all members of Appellee Mode Transportation LLC. The statement is due on or before January 24, 2024. (See order for further details) DW [3] DW [3] [7359808] [24-1075] (ER) [Entered: 01/19/2024 03:52 PM]
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Filing 2
ORDER: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinated briefing will be stricken. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). DW [7359699] [2] [7359699] [24-1075] (AD) [Entered: 01/19/2024 01:00 PM]
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| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 02/01/2024. Appellant's brief due on or before 02/27/2024 for Paden Rothenberger. [1] [7359696] [24-1075] (AD) [Entered: 01/19/2024 12:44 PM] |
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