Estate of Jay Anderson, Jr. v. Joseph Mensah, et al
| ESTATE OF JAY ANDERSON, JR. |
| JOSEPH A. MENSAH, CITY OF WAUWATOSA and BARRY WEBER, former Chief of Police |
| 24-2866 |
| October 21, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 14, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 16
ORDER re: Motion to voluntarily dismiss appeal. [ # 14 ] This cause is DISMISSED pursuant to F.R.A.P. 42(b). Mandate issued, no record to be returned. [16][7417886] [24-2866] (PS) [Entered: 11/14/2024 02:23 PM]
|
| Filing 15 Amended Docketing Statement filed by Appellant Estate of Jay Anderson, Jr.. Prior or Related proceedings: No. [15] [7417770] [24-2866] (AD) [Entered: 11/14/2024 11:01 AM] |
| FOR COURT USE ONLY: Certified copy of 11/14/2024 Final Order with Mandate sent to the District Court Clerk. [7417902-2] [7417902] [24-2866] (PS) [Entered: 11/14/2024 02:40 PM] |
| Filing 14 Motion filed by Appellant Estate of Jay Anderson, Jr. in 24-2866 to dismiss case and to correct. Voluntarily dismiss 24-2866 and correct, per order issued on Nov. 13, 2024. Appeal 24-3054 will be the operative appeal. [14] [7417601] [24-2866, 24-3054]--[Edited 11/13/2024 by CG to clairfy docket text.] (Cade, Nathaniel) [Entered: 11/13/2024 02:38 PM] |
|
Filing 13
ORDER: A preliminary review of the short record indicates that this amended notice of appealdocketed in this court as Appeal No. 24-3054duplicates an appeal filed on October 21, 2024, and docketed in this court as Appeal No. 24-2866. Appellant appears to have amended the notice of appeal to clarify that it is appealing not only the order denying reconsideration but also the final judgment in this case. Rule 3(c)(5) of the Federal Rules of Appellate Procedure, however, provides that a notice of appeal encompasses the final judgment, if the notice designates an order described in Rule 4(a)(4)(A), which includes an order denying a motion to alter or amend the judgment under Rule 59 of the Federal Rules of Civil Procedure. See Fed. R. App. P. 4(a)(4)(A)(iv); see also Carlson v. CSX Transp., Inc., 758 F.3d 819, 82526 (7th Cir. 2014) (motion to reconsider filed within 28 days of judgment generally deemed a motion to alter or amend). Only one appeal from a given judgment or order is necessary, and the other should be dismissed. Harris v. Bellin Meml Hosp., 13 F.3d 1082, 1083 (7th Cir. 1994). Accordingly, appellant shall file, on or before November 27, 2024, a brief memorandum stating why one of these appeals should not be dismissed as unnecessary. A motion for voluntary dismissal under Rule 42(b) of the Federal Rules of Appellate Procedure in either appeal will satisfy this requirement. Briefing in both appeals is SUSPENDED pending further court order. JXK [13] [13] [7417571] [24-2866, 24-3054] (HTP) [Entered: 11/13/2024 02:09 PM]
|
| Filing 12 Statement Motion filed by Appellant Estate of Jay Anderson, Jr. in 24-2866, 24-3054 to file Defendant Appellant's Statement as to Fed. R. CIV. P. 58. [12] [7417546] [24-2866, 24-3054]--[Edited 11/13/2024 by CG to reflect correct document title.] (Baynard, Jasmyne) [Entered: 11/13/2024 12:52 PM] |
|
Filing 11
ORDER re: Plaintiffs-appellants motion for guidance. The motion for clarification is GRANTED to the extent that the court clarifies that it received appellants notice of intent on October 22, 2024. Appellees did not file any response to this courts October 22, 2024, order, suggesting they likewise do not intend to request in the district court that judgment be set out in a separate document. This case will proceed to briefing and the parties are free to address in their briefs any potential failure to comply with Rule 58 of the Federal Rules of Civil Procedure, if they choose to do so. [ # 9 ] JXK [11] [7417542] [24-2866] (HTP) [Entered: 11/13/2024 12:45 PM]
|
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kimberley Cy. Motley for Appellant Estate of Jay Anderson, Jr.. [10] [7417139] (L-No; E-Yes; R-No) [24-2866] (Motley, Kimberley) [Entered: 11/12/2024 01:39 PM] |
| Filing 9 Motion filed by Appellant Estate of Jay Anderson, Jr. Motion for Guidance as to the Court's October 22, 2024 order. [9] [7417108] [24-2866] (Cade, Nathaniel) [Entered: 11/12/2024 12:37 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Madison Bedder for Appellant Estate of Jay Anderson, Jr.. [8] [7416683] (L-No; E-Yes; R-No) [24-2866]--[Edited 11/12/2024 by FP to reflect that atty. Bedder is added to the docket.] (Bedder, Madison) [Entered: 11/08/2024 11:58 AM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joseph M. Wirth for Appellee Joseph A. Mensah. Additional Parties: City of Wauwatosa. [7] [7416560] (L-Yes; E-Yes; R-No) [24-2866] [Edited 11/08/2024 by CG to reflect the addition of counsel.] (Wirth, Joseph) [Entered: 11/08/2024 08:02 AM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jasmyne M. Baynard for Appellee Joseph A. Mensah. Additional Parties: City of Wauwatosa. [6] [7416559] (L-Yes; E-Yes; R-Yes) [24-2866] [Edited 11/08/2024 by CG to reflect the termination and addition of counsel.] (Baynard, Jasmyne) [Entered: 11/08/2024 07:59 AM] |
|
Filing 5
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 12/09/2024 for Estate of Jay Anderson, Jr. Appellee's brief due on or before 01/08/2025 for Joseph A. Mensah. Appellant's reply brief, if any, is due on or before 01/29/2025 for Appellant Estate of Jay Anderson, Jr. RJS [7413960] [24-2866] (HTP) [Entered: 10/28/2024 08:40 AM]
|
| Filing 4 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Friday, November 8, 2024 at 9:30am. Central Time. See Notice for further details and requirements. RJS. [4] [7413957] [24-2866] (HTP) [Entered: 10/28/2024 08:38 AM] |
| Filing 3 Filed Appellant Estate of Jay Anderson, Jr. notice of intent not to file Docket #2 - Appellant's Statement that it will not request the district court to issue a judgment in a separate document pursuant to Fed. R. Civ. P. 58(d). [3] [7412978] [24-2866] (Cade, Nathaniel) [Entered: 10/22/2024 02:56 PM] |
|
Filing 2
ORDER: A preliminary review of the short record indicates that the district court has not entered a judgment under Rule 58 of the Federal Rules of Civil Procedure. Accordingly, both appellant and appellee shall file, on or before November 5, 2024, a statement advising the court whether they will request in the district court that judgment be set out in a separate document. See Fed. R. Civ. P. 58(d). JXK [2] [7412925] [24-2866] (AD) [Entered: 10/22/2024 01:39 PM]
|
| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 11/04/2024. Appellant's brief due on or before 12/02/2024 for Estate of Jay Anderson, Jr. [1] [7412810] [24-2866] (FP) [Entered: 10/22/2024 10:43 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
