Chen Zhao, et al v. Jian Li, et al
| CHEN ZHAO, as personal representatives of the ESTATE OF YETAO JIN |
| ROSEMOUNT AEROSPACE, INC., ROCKWELL COLLINS, INC. and BOEING COMPANY |
| JIAN ZHEN LI |
| ANG JIN |
| 24-1934 |
| May 29, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Airplane Product Liability |
Docket Report
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| Filing 25 Filed Seventh Circuit Transcript Information Sheet by Appellant Ang Jin in 24-2218, 24-1934. [25] [7395822] [24-2218, 24-1934] (DAB) [Entered: 07/25/2024 04:04 PM] |
Filing 24
ORDER: The court, on its own motion, orders appellant to show cause for his failure to respond to the court's order of July 8, 2024. Appellant shall file his response on or before July 30, 2024. Appellant is advised that only one appeal is necessary from any particular judgment, see Harris v. Bellin Meml Hosp., 13 F.3d 1082, 1083 (7th Cir. 1994), and that failure to respond may result in the dismissal of this appeal. The clerk of this court shall attach a copy of the July 8, 2024, order to appellant's copy of this order. JXK [24] [7395142] [24-1934] (PS) [Entered: 07/23/2024 02:16 PM]
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Filing 23
ORDER: On consideration of the district courts June 28, 2024, order approving the settlement and dismissing case No. 19-cv-6153, IT IS ORDERED that appellant Ang Jin shall file, on or before July 15, 2024, a statement advising the court (1) whether he intends to file a new notice of appeal from the district courts dismissal order and (2) whether he intends to renew with this court the motion to voluntarily dismiss this appeal that he previously filed in the district court on June 12, 2024. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) with this court (not the district court) will satisfy the requirements of this order. JXK [23] [7391914] [24-1934] (AP) [Entered: 07/08/2024 11:24 AM]
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| Filing 22 Jurisdictional memorandum filed by Appellant Ang Jin. [22][7390402] [24-1934] (DAB) [Entered: 06/27/2024 03:28 PM] |
| Filing 21 Docketing Statement filed by Appellant Ang Jin. Prior or Related proceedings: No. [21] [7390399] [24-1934] (DAB) [Entered: 06/27/2024 03:24 PM] |
| Filing 20 Motion filed by Appellee Chen Zhao to file District Court's Order of June 18, 2024. to supplement memorandum submitted on June 14, 2024, in response to the courts order of May 31, 2024. [20] [7389954] [24-1934]--[Edited 06/25/2024 by PS - to reflect correct document title.] (Loizon, Yvette) [Entered: 06/25/2024 03:30 PM] |
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Filing 19
ORDER: The court, on its own motion, orders appellant to show cause for his failure to respond to the court's order of May 31, 2024. Appellant shall file his response on or before July 8, 2024. Appellant is advised that failure to respond may result in the dismissal of this appeal. The clerk of this court shall attach a copy of the May 31, 2024, order to appellant's copy of this order. JXK. [19] [7389519] [24-1934] (HTP) [Entered: 06/24/2024 01:00 PM]
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| Filing 18 Filed notice from the District Court that the appeal docketing fee was received. [18] [7389405] [24-1934] (CAG) [Entered: 06/24/2024 09:46 AM] |
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Filing 17
ORDER: Check in the amount of $605.00. The clerk of this court shall send the CHECK to the clerk of the district court. [17] [7389159] CC [24-1934] (CAG) [Entered: 06/21/2024 08:49 AM]
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| Filing 16 Submitted Appendix by Yvette C. Loizon for Appellee Chen Zhao. [16] 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. [7388188] [24-1934] (Loizon, Yvette) [Entered: 06/14/2024 04:43 PM] |
| Filing 15 Jurisdictional memorandum filed by Appellee Chen Zhao. [15] [7388187] [24-1934] (Loizon, Yvette) [Entered: 06/14/2024 04:41 PM] |
| Filing 14 Jurisdictional memorandum filed by Appellees Rockwell Collins, Inc. and Rosemount Aerospace, Inc.. [14] [7388038] [24-1934] (Bart, Nicholas) [Entered: 06/14/2024 12:30 PM] |
| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Nicholas Bart for Appellees Rockwell Collins, Inc. and Rosemount Aerospace, Inc. [13] [7388001] (L-Yes; E-Yes; R-No) [24-1934]-[Edited 06/14/2024 by VG - to reflect addition of counsel] (Bart, Nicholas) [Entered: 06/14/2024 11:20 AM] |
| Filing 12 Jurisdictional memorandum filed by Appellee Boeing Company. [12] [7387922] [24-1934] (Webb, Dan) [Entered: 06/13/2024 05:38 PM] |
| Filing 11 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Samuel M. Zuidema for Appellee Boeing Company. [11] [7387920] (L-No; E-Yes; R-No) [24-1934]--[Edited 06/14/2024 by FP to reflect that atty. Zuidema is added to the docket.] (Zuidema, Samuel) [Entered: 06/13/2024 05:16 PM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Linda T. Coberly for Appellee Boeing Company. [10] [7387919] (L-No; E-Yes; R-No) [24-1934] [Edited 06/14/2024 by CG to reflect the addition of counsel.] (Coberly, Linda) [Entered: 06/13/2024 05:07 PM] |
| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Julia M. Johnson for Appellee Boeing Company. [9] [7387918] (L-No; E-Yes; R-No) [24-1934] [9] [7387918] [24-1934]--[Edited 06/13/2024 by HTP to reflect addition of counsel.] (Johnson, Julia) [Entered: 06/13/2024 04:57 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Christopher B. Essig for Appellee Boeing Company. [8] [7387914] (L-No; E-Yes; R-No) [24-1934] [8] [7387914] [24-1934]--[Edited 06/13/2024 by HTP to reflect addition of counsel.] (Essig, Christopher) [Entered: 06/13/2024 04:47 PM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dan K. Webb for Appellee Boeing Company. [7] [7387911] (L-Yes; E-Yes; R-No) [24-1934] (Webb, Dan) [Entered: 06/13/2024 04:33 PM] |
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Filing 6
ORDER: Appellant Ang Jin is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant Ang Jin by 06/27/2024. [6] [7387746] [24-1934] (AD) [Entered: 06/13/2024 09:50 AM]
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| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Yvette C. Loizon for Appellee Chen Zhao. [5] [7386574] (L-Yes; E-Yes; R-No) [24-1934] --[Edited 06/06/2024 by ER - added Attorney Yvette C. Loizon.] (Loizon, Yvette) [Entered: 06/06/2024 11:59 AM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Zhidong Wang for Appellees Chen Zhao and Jian Zhen Li. [4] [7386459] (L-No; E-Yes; R-No) [24-1934] [4] [7386459] [24-1934]--[Edited 06/06/2024 by HTP to reflect addition of counsel.] (Wang, Zhidong) [Entered: 06/05/2024 06:02 PM] |
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Filing 3
ORDER: A preliminary review of the short record indicates that the order appealed from may not be a final appealable judgment within the meaning of 28 U.S.C. 1291 or that the appeal may be untimely. Generally, an appeal may not be taken in a civil case until a final judgment disposing of all claims against all parties is entered on the district courts civil docket pursuant to Rule 58 of the Federal Rules of Civil Procedure. See Alonzi v. Budget Construction Co., 55 F.3d 331, 333 (7th Cir. 1995); Cleaver v. Elias, 852 F.2d 266, 267 (7th Cir. 1988). Such a judgment should identify the result of the litigation and the relief awarded, see, e.g., Exelon Generation Co., LLC v. Local 15, 540 F.3d 640, 643-44 (7th Cir. 2008), including by quantifying any award of damages and its distribution among the parties, Kerr-McGee Chem. Corp. v. Lefton Iron & Metal Co., 570 F.3d 856, 857 (7th Cir. 2009). In this case, appellant seeks to appeal the district courts April 23, 2024, order determining the percentage distribution of a settlement to the three identified dependents of the deceased Yetao Jin. A review of the record suggests that the parties previously agreed on a settlement for one sum to resolve all claims, and so it is possible that this percentage distribution was the last remaining issue, and the district court is in fact finished with this case. See Hall v. Hall, 584 U.S. 59, 78 (2018) (finality is determined for each individual case, regardless of consolidation); Law Offices of David Freydin, P.C. v. Chamara, 24 F.4th 1122, 1128 (7th Cir. 2022) (in absence of Rule 58 judgment finality depends on whether the district court is finished with the case). If that is so, any party may request in the district court that judgment be set out in a separate document. See Fed. R. Civ. P. 58(d). Rule 4(a) of the Federal Rules of Appellate Procedure also requires that a notice of appeal in a civil case be filed in the district court within 30 days of the entry of the judgment or order appealed. In this case, appellant seeks to appeal the April 23, 2024, order determining the percentage of distribution and the notice of appeal was filed on May 28, 2024, 35 days later. But if Rule 58(a) required judgment to be set out in a separate document, and the April 23, 2024, order was in fact the final judgment, then that judgment may not be considered entered until 150 days have passed or the judgment is set forth on a separate document. Fed. R. App. P. 4(a)(7)(A); Fed. R. Civ. P. 58(c)(2). A notice of appeal filed after the announcement of a decision but before entry of judgment would become effective on the date judgment is entered. Fed. R. App. P. 4(a)(2). Accordingly, IT IS ORDERED that appellant and appellees each shall file, on or before June 14, 2024, brief memorandums addressing whether there is a final judgment in this case, and if so whether they will request in the district court that judgment be set out in a separate document, and whether the notice of appeal was timely filed. Briefing is SUSPENDED pending further court order. If appellant wishes to request an extension of time in which to file the notice of appeal, appellant should file an appropriate motion in the district court, not this court, as soon as possible. Appellants jurisdictional memorandum should include a discussion of the status of any such motion. [7385749] JXK [3] [7385749] [24-1934] (ER) [Entered: 05/31/2024 04:04 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. Redundant and uncoordinated briefing will be stricken and may result in disciplinary sanctions. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). DW [7385547] [2] [7385547] [24-1934] (MAN) [Entered: 05/30/2024 04:03 PM]
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| Filing 1 Private civil case docketed. Fee due. Docketing Statement due for Appellant Ang Jin by 06/04/2024. Transcript information sheet due by 06/12/2024. Fee or IFP forms due on 06/12/2024 for Appellant Ang Jin. [1] [7385541] [24-1934] (MAN) [Entered: 05/30/2024 03:50 PM] |
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