DR Distributors, LLC v. Peter S. Stamatis, et al
| DR DISTRIBUTORS, LLC |
| BRENT DUKE and 21 CENTURY SMOKING, INC. |
| PETER S. STAMATIS, Attorney |
| 24-2146 |
| July 3, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Trademark |
Docket Report
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Filing 11
ORDER re: Motion for voluntary dismissal of appeal. [ # 10 ] This cause is DISMISSED pursuant to F.R.A.P. 42(b). Mandate issued, no record to be returned. [11][7400459] [24-2146] (PS) [Entered: 08/20/2024 12:16 PM]
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| FOR COURT USE ONLY: Certified copy of 08/20/2024 Final Order with Mandate sent to the District Court Clerk. [7400464-2] [7400464] [24-2146] (PS) [Entered: 08/20/2024 12:36 PM] |
| Filing 10 Motion filed by Appellant Peter S. Stamatis in 24-2146 to dismiss case. [10] [7400125] [24-2146, 24-2117, 24-2145] (Holevas, John) [Entered: 08/19/2024 02:22 PM] |
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Filing 9
ORDER: Appellant Peter S. Stamatis 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 Peter S. Stamatis by 08/20/2024. [9] [7397712] [24-2146] (AD) [Entered: 08/06/2024 10:04 AM]
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Filing 8
ORDER re: 1) Consent to Stay Appeal. 2) Memorandum. 3) Plaintiffs-Appellants' Memorandum Consenting to the Stay of the Consolidated Appeals Pending Entry of an Order by the District Court Disposing of Plaintiffs-Appellants' Pending Motion Pursuant to Fed. R. Civ. P. 59(e) and 60(b). Proceedings in these consolidated appeals are SUSPENDED pending the entry of an order disposing of plaintiffs motion to amend the judgment. See Fed. R. App. P. 4(a)(4)(B); Florian v. Sequa Corp., 294 F.3d 828, 829 (7th Cir. 2002). Plaintiff DR Distributors, LLC, shall file a status report within 7 days of an order disposing of its motion, or on or shortly before August 21, 2024, if no such order has yet issued. JXK [8] [8] [7394157] [24-2117, 24-2145, 24-2146] (AD) [Entered: 07/17/2024 03:11 PM]
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| Filing 7 Filed Response by Appellee DR Distributors, LLC in 24-2117, Appellants Carlos Bengoa, CB Distributors, Inc. and DR Distributors, LLC in 24-2145 to Court's July 8, 2024 Order at Document 5.. [7][7393897] [24-2117, 24-2145, 24-2146] (Davis, Anthony) [Entered: 07/16/2024 03:01 PM] |
| Filing 6 Jurisdictional memorandum filed by Appellants 21 Century Smoking, Inc., Brent Duke and Kevin B. Salam in 24-2117. [6] [7393456] [24-2117, 24-2145, 24-2146] (Salam, Kevin) [Entered: 07/15/2024 11:11 AM] |
| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kevin B. Salam for Appellants 21 Century Smoking, Inc., Brent Duke and Kevin B. Salam in 24-2117. [5] [7392911] (L-Yes; E-Yes; R-No) [24-2117, 24-2145, 24-2146] (Salam, Kevin) [Entered: 07/11/2024 12:45 PM] |
| Filing 4 Filed Response by Appellant Peter S. Stamatis in 24-2146 to Court's Order of July 8, 2024. [4][7392709] [24-2146, 24-2117, 24-2145] (Holevas, John) [Entered: 07/10/2024 02:42 PM] |
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Filing 3
ORDER: These appeals are CONSOLIDATED for purposes of briefing and disposition. 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. A notice of appeal filed before the district court issues its ruling on a timely motion under Rule 59 of the Federal Rules of Civil Procedureor a motion under Rule 60 of the Federal Rules of Civil Procedure filed within the time available for a Rule 59 motionis ineffective until the order disposing of the motion is entered on the district courts civil docket. Fed. R. App. P. 4(a)(4). In the present case, plaintiff filed a motion to amend the judgment under either Rule 59 or Rule 60 on July 1, 2024, within 28 days of entry of judgment on June 17, 2024. As such, this appeal may be premature, because it appears that the district court has not disposed of the motion and entered its order on the district courts civil docket. Florian v. Sequa Corp., 294 F.3d 828, 829 (7th Cir. 2002). In addition, that motionand several of the parties filings related to these appealssuggest that the district court has not yet resolved all of the claims in the litigation, though it entered what it has designated as a final judgment. Accordingly, the parties each shall file, on or before July 16, 2024, a brief memorandum stating why these appeals should not be STAYED pending the entry of an order disposing of the motion. Motions for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing is SUSPENDED pending further court order. JXK [3] [3] [7392072] [24-2117, 24-2145, 24-2146] (AD) [Entered: 07/08/2024 03:31 PM]
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| Filing 2 Amended Jurisdictional Statement filed by Appellants Brent Duke and 21 Century Smoking, Inc. in 24-2117. [2] [7391960] [24-2117, 24-2145, 24-2146] (Salam, Kevin) [Entered: 07/08/2024 12:13 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant Peter S. Stamatis by 07/10/2024. Transcript information sheet due by 07/17/2024. Appellant's brief due on or before 08/12/2024 for Peter S. Stamatis. [1] [7391853] [24-2146] (HTP) [Entered: 07/08/2024 10:09 AM] |
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