Heidi Erickson v. UPS Store, Inc., et al
| HEIDI ERICKSON |
| UPS STORE, INC., BRUCE PETERSON, UPS STORE NO. 1898 and LINDSAY SCHULTZ |
| 24-2829 |
| October 15, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
Docket Report
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Filing 12
ORDER re: Motion for leave to file electronically and to accept findings. [ # 11 ] The request to become an e-filer is GRANTED. Appellant Heidi Erickson is granted leave to use the Electronic Case Filing system for filing material in this appeal. This courts Electronic Case Filing Procedures, the Electronic Case Filing User Manual, and answers to frequently asked questions regarding Electronic Case Filing are available at the Seventh Circuits web site: http://www.ca7.uscourts.gov. The court will terminate the pro se litigants filing user status upon the termination of the case, termination of the litigants pro se status, or for any abuse of filing privileges. Further, the request for an extension of time to file a jurisdictional memorandum is GRANTED only to the extent that Erickson shall file, on or before December 23, 2024, a brief memorandum stating why this appeal should not be dismissed because, to the extent the judgment is now final, Erickson is not aggrieved by that judgment. A review of the district court docket shows that on November 12, 2024, Erickson voluntarily dismissed her complaint against all defendants, apparently based on a settlement agreement. The district court accepted that voluntary dismissal on November 15, 2024. When a party voluntarily dismisses a case, that party is not aggrieved and generally cannot appeal from the order accepting the voluntary dismissal. See Levy v. W. Coast Life Ins. Co. , 44 F.4th 621, 626 (7th Cir. 2022); Lush v. Bd. of Trustees of N. Illinois Univ. , 29 F.4th 377, 380 (7th Cir. 2022); Hudson v. Chicago Tchrs. Union, Loc. No. 1 , 922 F.2d 1306, 1312 (7th Cir. 1991) (A settlement is not appealable.). That appears to be the situation here. JXK [12] [7422442] [24-2829] (PS) [Entered: 12/09/2024 10:26 AM]
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| Filing 11 Pro se motion filed by Appellant Heidi Erickson for leave to file electronically and to accept findings. [11] [7421054] [24-2829] (JR) [Entered: 12/03/2024 08:29 AM] |
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Filing 10
ORDER re: Motion for extension of time to respond. [ # 9 ] The motion is GRANTED to the extent that the appellants response is due by December 2, 2024. CDH [10] [7419932] [24-2829] (PS) [Entered: 11/25/2024 02:30 PM]
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| Filing 9 Pro se motion filed by Appellant Heidi Erickson to file the response to the court's order due today 11/22/24. [9] [7419771] [24-2829] (VG) [Entered: 11/25/2024 09:16 AM] |
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Filing 8
ORDER re: Motion to dismiss appeal as to appellees Bruce Peterson and Lindsay Schultz. [ # 7 ] On November 15, 2024, the district court denied Heidi Ericksons motion to file a second amended complaint naming new defendants United States Postal Service, United States Postmaster General Louis DeJoy, Rebecca Krukenberg, and Doug Carlson. Further, the district courts order states Erickson is free to file a new case with the complaint against the new defendant. Accordingly, to the extent that the appellant seeks to voluntarily dismiss the appellees in this appeal and replace them with parties who were not defendants in the underlying district court case, the request is DENIED. Should the appellant decide that she does not want to proceed with this appeal, then she may file an appropriate motion, pursuant to Fed. R. App. P. 42(b), indicating her desire that it be dismissed. The appellant is reminded of her obligation to respond to the courts show cause order dated November 8, 2024. CDH [8] [7418275] [24-2829] (CG) [Entered: 11/15/2024 03:46 PM]
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| Filing 7 Filed motion by pro se Appellant Heidi Erickson to dismiss appeal as to Appellees Bruce Peterson and Lindsay Schultz. [7] [7418031] [24-2829] (VG) [Entered: 11/15/2024 07:11 AM] |
| Filing 6 Docketing Statement filed by Appellant Heidi Erickson. Prior or Related proceedings: No. [6] [7418030] [24-2829] (VG) [Entered: 11/15/2024 07:01 AM] |
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Filing 5
ORDER: The court, on its own motion, orders appellant to show cause for her failure to respond to the court's order of October 17, 2024. Appellant shall file her response on or before November 22, 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 October 17, 2024, order to appellant's copy of this order. JXK Sent Certified Mail. Receipt Number: 9589 0710 5270 0423 8727 31. [5] [7416838] [24-2829] (FP) [Entered: 11/08/2024 03:47 PM]
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Filing 4
ORDER: Appellant Heidi Erickson 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 Heidi Erickson by 11/13/2024.. [4] [7414553] [24-2829] (AD) [Entered: 10/30/2024 08:09 AM]
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Filing 3
ORDER: Appellant shall file, on or before October 31, 2024, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal under Rule 42(b) of the Federal Rules of Appellate Procedure will satisfy this requirement. Briefing is SUSPENDED pending further court. (See order for further details) JXK [7411869] [3] [7411869] [24-2829] (PS) [Entered: 10/17/2024 10:39 AM]
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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. 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). DW [7411669] [2] [7411669] [24-2829] (PS) [Entered: 10/16/2024 02:26 PM]
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| Filing 1 Private civil case docketed. IFP. Docketing Statement due for Appellant Heidi Erickson by 10/18/2024. Transcript information sheet due by 10/29/2024. Appellant's brief due on or before 11/25/2024 for Heidi Erickson. [1] [7411661] [24-2829] (PS) [Entered: 10/16/2024 02:20 PM] |
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