Bernard Mims v. City of Chicago, et al
| BERNARD MIMS |
| CITY OF CHICAGO, KENNETH BOUDREAU, RICHARD PECK, ROBERT MONTGOMERY and DANIEL MCNALLY |
| 24-1564 |
| April 9, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
Docket Report
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Filing 18
Order issued GRANTING motion to extend time to file appellant's brief. [ # 17 ] Appellant's brief due on or before 07/10/2024 for Bernard Mims. Appellees' brief due on or before 08/09/2024 for Kenneth Boudreau, City of Chicago, Daniel McNally, Robert Montgomery and Richard Peck. Appellant's reply brief, if any, is due on or before 08/30/2024 for Appellant Bernard Mims. CDH [18] [7386568] [24-1564] (CG) [Entered: 06/06/2024 11:51 AM]
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| Filing 17 Motion filed by Appellant Bernard Mims to extend time to file appellant brief. [17] [7386452] [24-1564] (Loevy, Jon) [Entered: 06/05/2024 04:52 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 Stacy A. Benjamin for Appellees Richard Peck, Kenneth Boudreau, Robert Montgomery and Daniel McNally 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] [7383554] [24-1564] (LJ) [Entered: 05/21/2024 09:46 AM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jennifer Blagg for Appellant Bernard Mims. [15] [7381640] (L-No; E-Yes; R-No) [24-1564]--[Edited 05/10/2024 by PS - to reflect the addition of counsel.] (Blagg, Jennifer) [Entered: 05/10/2024 02:47 PM] |
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Filing 14
ORDER: On consideration of appellants status report and in light of the amended judgment entered by the district court on May 8, 2024, briefing in this appeal will proceed as follows: The brief and required short appendix of the appellant are due by June 10, 2024. Appellees' brief due on or before 07/10/2024 for Kenneth Boudreau, City of Chicago, Daniel McNally, Robert Montgomery and Richard Peck. Appellant's reply brief, if any, is due on or before 07/31/2024 for Appellant Bernard Mims. JXK [14] [7381360] [24-1564] (CG) [Entered: 05/09/2024 10:10 AM]
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| Filing 13 Filed status report by Appellant Bernard Mims. [13] [7381198] [24-1564] (Loevy, Jon) [Entered: 05/08/2024 01:10 PM] |
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Filing 12
ORDER: This matter comes before the court on consideration of the papers filed in this appeal and review of the short record. The Rule 58 judgment entered in this case is deficient. It reflects that judgment was entered in favor of several defendants but fails to record the disposition of the case against three defendants in the operative complaint: Raymond Kaminski, Jean Romic, and John Clisham. A judgment should be complete and self-contained. See, e.g., Johnson v. Acevedo, 572 F.3d 398, 400 (7th Cir. 2009); Reytbatt v. Denton, 812 F.2d 1042, 1043 (7th Cir. 1987). Accordingly, this appeal is REMANDED to the district court to enter a judgment that fully and completely implements its decisions, including the dispositions of plaintiffs claims against all defendants. See Fed. R. Civ. P. 60(a). This court will retain jurisdiction over this appeal. Once the district court has corrected its judgment, this appeal will proceed to briefing. An amended notice of appeal is unnecessary; the original notice will come into force once a proper judgment is entered. See Mosley v. Atchison, 689 F.3d 838, 84344 (7th Cir. 2012). Further, appellant shall inform the court, on or before May 8, 2024, whether the district court has entered its amended judgment. JXK [12] [7379720] [24-1564] (AD) [Entered: 05/01/2024 02:54 PM]
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| FOR COURT USE ONLY: Certified copy of 05/01/2024 Limited Remand Order sent to the District Court Clerk. [7379739-2] [7379739] [24-1564] (AD) [Entered: 05/01/2024 03:05 PM] |
| Filing 11 Jurisdictional memorandum filed by Appellees City of Chicago, Kenneth Boudreau, Daniel McNally, Robert Montgomery and Richard Peck. [11] [7378592] [24-1564] (Merel, Ethan) [Entered: 04/25/2024 11:11 AM] |
| Filing 10 Jurisdictional memorandum filed by Appellant Bernard Mims. [10] [7378447] [24-1564] (Loevy, Jon) [Entered: 04/24/2024 03:07 PM] |
| Filing 9 Filed Seventh Circuit Transcript Information Sheet by Appellant Bernard Mims. [9] [7378063] [24-1564] (Loevy, Jon) [Entered: 04/23/2024 11:39 AM] |
| Filing 8 Docketing Statement filed by Appellant Bernard Mims. Prior or Related proceedings: No. [8] [7376056] [24-1564] (Loevy, Jon) [Entered: 04/15/2024 09:43 AM] |
| Filing 7 Appearance form filed by Attorney Ethan Merel for Appellees City of Chicago, Kenneth Boudreau, Daniel McNally, Robert Montgomery and Richard Peck. Additional Parties: Ted Przepiora and Michael McDermott. [7] [7375627] (L-Yes; E-Yes; R-No) [24-1564] [Edited 04/11/2024 by CG to reflect the addition of counsel.] (Merel, Ethan) [Entered: 04/11/2024 01:17 PM] |
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Filing 6
ORDER: Appellant and appellees shall file, on or before April 25, 2024, a brief memorandum stating why this appeal should not be remanded to the district court to enter a proper and complete Rule 58 judgment. Briefing is SUSPENDED pending further court order. (See order for further details) JXK [7375561] [6] [7375561] [24-1564] (PS) [Entered: 04/11/2024 11:04 AM]
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| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jon Loevy for Appellant Bernard Mims. [5] [7375467] (L-Yes; E-Yes; R-No) [24-1564] (Loevy, Jon) [Entered: 04/10/2024 04:43 PM] |
| Filing 4 Appearance form filed by Attorney SUZANNE M. LOOSE for Appellees Kenneth Boudreau, City of Chicago, Daniel McNally, Robert Montgomery and Richard Peck. Additional Parties: Ted Przepiora, Michael McDermott, and Raymond Kaminski. [4] [7375278] (L-Yes; E-Yes; R-Yes) [24-1564] [Edited 04/10/2024 by CG to reflect the addition of counsel.] (Loose, Suzanne) [Entered: 04/10/2024 11:09 AM] |
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Filing 3
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). [7375229] [3] [7375229] [24-1564] (HTP) [Entered: 04/10/2024 09:44 AM]
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| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Ted Przepiora, Michael McDermott, and Raymond Kaminski. [2] [7375228] [24-1564] (HTP) [Entered: 04/10/2024 09:42 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant Bernard Mims by 04/15/2024. Transcript information sheet due by 04/23/2024. Appellant's brief due on or before 05/20/2024 for Bernard Mims. [1] [7375224] [24-1564] (HTP) [Entered: 04/10/2024 09:39 AM] |
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