Vonzell Scott, Sr. v. Wendy's Properties, LLC
| VONZELL SCOTT, SR. |
| WENDY'S PROPERTIES, LLC |
| 24-1886 |
| May 21, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Personal Injury |
Docket Report
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| Filing 14 Paper copies of appellant brief filed by Appellant Vonzell Scott, Sr.. [14] [7394293] [24-1886] (CAG) [Entered: 07/18/2024 10:00 AM] |
| Filing 13 Appellant's brief filed by Appellant Vonzell Scott, Sr.. Paper copies due on 07/19/2024. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [13] [7393251] [24-1886] (CAG) [Entered: 07/12/2024 03:35 PM] |
| Filing 12 Submitted appellant brief by John J Muldoon, III for Appellant Vonzell Scott, Sr.. [12] 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. [7393217] [24-1886] (Muldoon, John) [Entered: 07/12/2024 03:00 PM] |
| Filing 11 Amended Statement of Jurisdiction filed by Appellee Wendy's Properties, LLC. Prior or Related proceedings: No. [11] [7386329] [24-1886] (Smith, Bradley) [Entered: 06/05/2024 11:22 AM] |
| Filing 10 Amended Docketing Statement filed by Appellant Vonzell Scott, Sr.. Prior or Related proceedings: No. [10] [7386292] [24-1886] (Muldoon, John) [Entered: 06/05/2024 10:06 AM] |
Filing 9
ORDER: The amended docketing statement of appellant filed on June 3, 2024, does not comply with this courts May 21, 2024, order, which requested that appellant provide a complete statement of jurisdiction. Specifically, 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 an 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, appellant relies on diversity of citizenship for federal jurisdiction and describes defendant Wendys Properties, LLC, as a corporation. A corporation and a limited liability company are two different things. A limited liability company is not incorporated and so for purposes of diversity jurisdiction has the citizenship of its members. See Hicklin Engineering, L.C. v. Bartell, 439 F.3d 346, 347-48 (7th Cir. 2006). And the citizenship of such an unincorporated association must be traced through however many layers of members there may be. See Meyerson v. Harrahs East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). Accordingly, IT IS ORDERED that appellant shall file a second amended docketing statement that provides a complete statement of jurisdiction that clarifies whether Wendys Properties, LLC, is in fact a corporation or a limited liability company, as its name suggests, and if it is a limited liability company, includes the omitted information regarding the citizenship of its members. The statement is due on or before June 10, 2024. JXK [9] [7385856] [24-1886] (ER) [Entered: 06/03/2024 11:38 AM]
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| Filing 8 Amended Docketing Statement filed by Appellant Vonzell Scott, Sr. Prior or Related proceedings: No. [8] [7385832] [24-1886] (AD) [Entered: 06/03/2024 10:32 AM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John J. Muldoon, III; Michael K. Muldoon for Appellant Vonzell Scott, Sr.. [7] [7385096] (L-Yes; E-Yes; R-Yes) [24-1886]--[Edited 05/29/2024 by CG to reflect attorney filer.] (Muldoon, John) [Entered: 05/29/2024 10:21 AM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Bradley J. Smith for Appellee Wendy's Properties, LLC. [6] [7384859] (L-Yes; E-Yes; R-No) [24-1886] (Smith, Bradley) [Entered: 05/28/2024 12:59 PM] |
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Filing 5
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 07/15/2024 for Vonzell Scott Sr. Appellee's brief due on or before 08/15/2024 for Wendy's Properties, LLC. Appellant's reply brief, if any, is due on or before 09/05/2024 for Appellant Vonzell Scott Sr. RJS [7384822] [24-1886] (AP) [Entered: 05/28/2024 12:02 PM]
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| Filing 4 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Friday, June 14, 2024 at 9:30 a.m. Central Time. See Notice for further details and requirements. RJS. [4] [7384819] [24-1886] (AP) [Entered: 05/28/2024 11:59 AM] |
| Filing 3 Filed Seventh Circuit Transcript Information Sheet by Appellant Vonzell Scott, Sr. [3] [7383846] [24-1886] (MAN) [Entered: 05/22/2024 09:54 AM] |
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Filing 2
ORDER: The appellant shall file an amended docketing statement that provides a complete statement of jurisdiction that includes the omitted information. The statement is due on or before May 28, 2024. (See order for further details). DW [2] [7383746] [24-1886] (FP) [Entered: 05/21/2024 02:55 PM]
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| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 06/04/2024. Appellant's brief due on or before 07/01/2024 for Vonzell Scott Sr. [1] [7383647] [24-1886] (MAN) [Entered: 05/21/2024 11:32 AM] |
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| Defendant: WENDY'S PROPERTIES, LLC | |
| Represented By: | Bradley J. Smith |
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| Plaintiff: VONZELL SCOTT, SR. | |
| Represented By: | John J. Muldoon III |
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