Benjamin Schoenthal, et al v. Kimberly M. Foxx
| DOUGLAS WINSTON, JOSEPH VESEL, MARK WROBLEWSKI and BENJAMIN SCHOENTHAL |
| KIMBERLY M. FOXX, in her official capacity as State's Attorney of Cook County, Illinois |
| 24-2644 |
| September 20, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
Docket Report
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| Filing 17 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David G. Sigale for Appellees Benjamin Schoenthal, Joseph Vesel, Mark Wroblewski and Douglas Winston in 24-2643, 24-2644. [17] [7417936] (L-No; E-Yes; R-No) [24-2643, 24-2644] (Sigale, David) [Entered: 11/14/2024 03:25 PM] |
| Filing 16 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William V. Bergstrom for Appellees Benjamin Schoenthal, Joseph Vesel, Douglas Winston and Mark Wroblewski in 24-2643, 24-2644. [16] [7417916] (L-No; E-Yes; R-No) [24-2643, 24-2644] [16] [7417916] [24-2643, 24-2644]--[Edited 11/14/2024 by HTP to reflect addition of counsel.] (Bergstrom, William) [Entered: 11/14/2024 02:54 PM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Peter A. Patterson for Appellees Benjamin Schoenthal, Joseph Vesel, Douglas Winston and Mark Wroblewski in 24-2643, 24-2644. [15] [7417913] (L-No; E-Yes; R-No) [24-2643, 24-2644] [15] [7417913] [24-2643, 24-2644]--[Edited 11/14/2024 by HTP to reflect addition of counsel.] (Patterson, Peter) [Entered: 11/14/2024 02:51 PM] |
| Filing 14 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David H. Thompson for Appellees Benjamin Schoenthal, Joseph Vesel, Douglas Winston and Mark Wroblewski in 24-2643, 24-2644. [14] [7417900] (L-Yes; E-Yes; R-No) [24-2643, 24-2644] [14] [7417900] [24-2643, 24-2644]--[Edited 11/14/2024 by HTP to reflect addition of counsel.] (Bergstrom, William) [Entered: 11/14/2024 02:38 PM] |
| Filing 13 Appearance form filed by Attorney Jonathon D. Byrer for Appellant Kimberly M. Foxx in 24-2644. [13] [7417813] (L-Yes; E-Yes; R-Yes) [24-2644, 24-2643]--[Edited 11/14/2024 by PS - to reflect the termination and addition of counsel.] (Byrer, Jonathon) [Entered: 11/14/2024 11:58 AM] |
Filing 12
ORDER issued GRANTING motion to extend time to file appellants' briefs. [ # 11 ] Appellants' briefs due on or before 12/16/2024 for Robert Berlin, Kwame Raoul and Kimberly M. Foxx. Appellees' briefs due on or before 01/15/2025 for Benjamin Schoenthal, Joseph Vesel, Douglas Winston and Mark Wroblewski. Appellants' reply briefs, if any, are due on or before 02/05/2025 for Appellants Robert Berlin, Kwame Raoul and Kimberly M. Foxx. CDH [12] [7417005] [24-2643, 24-2644] (CG) [Entered: 11/12/2024 10:47 AM]
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| Filing 11 Motion filed by Appellants Kwame Raoul and Robert Berlin in 24-2643, Appellant Kimberly M. Foxx in 24-2644 to extend time to file appellant brief. [11] [7416685] [24-2643, 24-2644] (Hemmer, Alex) [Entered: 11/08/2024 12:01 PM] |
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Filing 10
ORDER re: Appellants' joint status report. In light of the amended judgment entered by the district court on October 11, 2024, this appeal will proceed to briefing. Briefing will proceed as follows: 1. The appellants shall file their briefs and required short appendices on or before November 15, 2024. 2. The appellees shall file their consolidated brief on or before December 16, 2024. 3. The appellants shall file their reply briefs, if any, on or before January 6, 2025. A review of the short records reveals that these appeals involve more than one appellant represented by different counsel. Counsel for appellants are encouraged to avoid unnecessary duplication by filing a joint brief or a joint appendix or by adopting parts of a co-appellants 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. JXK [7411800] [24-2643, 24-2644] (HTP) [Entered: 10/17/2024 08:56 AM]
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| Filing 9 Filed status report by Appellants Robert Berlin and Kwame Raoul in 24-2643, Appellant Kimberly M. Foxx in 24-2644. [9] [7411374] [24-2643, 24-2644] (Hemmer, Alex) [Entered: 10/15/2024 04:24 PM] |
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Filing 8
ORDER: These appeals are REMANDED to the district court to enter a judgment that fully and correctly implements its decision granting declaratory relief to the plaintiffs. See Fed. R. Civ. P. 60(a). This court will retain jurisdiction over these appeals. Once the district court has corrected its judgment, these appeals will proceed to briefing. An amended notice of appeal is unnecessary. See Mosley v. Atchison , 689 F.3d 838, 84344 (7th Cir. 2012). Appellants shall inform the court, on or before October 17, 2024, whether the district court has entered its amended judgment. (See order for further details) JXK [8] [7410713] [24-2643, 24-2644] (PS) [Entered: 10/10/2024 02:44 PM]
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| FOR COURT USE ONLY: Certified copy of 10/10/2024 Limited Remand Order sent to the District Court Clerk. [7410717-2] [7410717] [24-2643, 24-2644] (PS) [Entered: 10/10/2024 02:57 PM] |
| Filing 7 Filed Seventh Circuit Transcript Information Sheet by Appellant Kimberly M. Foxx in 24-2644. [7] [7409442] [24-2644, 24-2643] (Mercado Masters, Silvia) [Entered: 10/04/2024 11:41 AM] |
| Filing 6 Jurisdictional memorandum filed by Appellants Kwame Raoul, Robert Berlin and Appellees Benjamin Schoenthal, Joseph Vesel, Douglas Winston and Mark Wroblewski in 24-2643, Appellant Kimberly M. Foxx and Appellees Benjamin Schoenthal, Joseph Vesel, Douglas Winston and Mark Wroblewski in 24-2644. [6] [7409171] [24-2643, 24-2644] (Hemmer, Alex) [Entered: 10/03/2024 11:56 AM] |
| Filing 5 Docketing Statement filed by Appellant Kimberly M. Foxx. Prior or Related proceedings: No. [5] [7407943] [24-2644] (Hemmer, Alex) [Entered: 09/26/2024 03:24 PM] |
| Filing 4 Appearance form filed by Attorney Alex Hemmer for Appellants Robert Berlin and Kwame Raoul in 24-2643. [4] [7407885] (L-Yes; E-Yes; R-Yes) [24-2643, 24-2644]--[Edited 09/26/2024 by PS - to reflect the termination and addition of counsel.] (Hemmer, Alex) [Entered: 09/26/2024 01:38 PM] |
| Filing 3 Appearance form filed by Attorney Silvia Mercado Masters for Appellant Kimberly M. Foxx in 24-2644. [3] [7407087] (L-No; E-Yes; R-No) [24-2643, 24-2644] [Edited 09/23/2024 by CG to reflect the addition of counsel.] (Mercado Masters, Silvia) [Entered: 09/23/2024 03:07 PM] |
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Filing 2
ORDER: The court, on its own motion, orders these appeals are CONSOLIDATED for purposes of briefing and disposition. A preliminary review of the short records indicates that the judgment is deficient. A judgment must provide relief to which the prevailing party is entitled. Hyland v. Liberty Mutual Fire Ins. Co. , 885 F.3d 482, 483 (7th Cir. 2018). The judgment entered in this case fails to do so. In this case, the clerk of courtnot the judgeentered and signed the judgment. In the judgment, the court states that judgment is entered in favor of the plaintiffs except that two defendants are terminated per order but it provides no relief to the plaintiffs. The parties have an obligation to ensure that the district court has issued a fully compliant Rule 58 judgment. Phila. Indemnity , 930 F.3d at 912. Accordingly, both appellants and appellees shall file, on or before October 4, 2024, a brief memorandum stating why these appeals should not be remanded to the district court to enter a proper judgment. Briefing is SUSPENDED pending further court order. (See order for further details) JXK [2] [7406777] [24-2643, 24-2644] (PS) [Entered: 09/20/2024 02:39 PM]
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| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant Kimberly M. Foxx by 09/27/2024. Transcript information sheet due by 10/04/2024. Appellant's brief due on or before 10/30/2024 for Kimberly M. Foxx. [1] [7406749] [24-2644] (PS) [Entered: 09/20/2024 01:23 PM] |
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