Estate of Jay Anderson, Jr. v. Joseph Mensah, et al
| ESTATE OF JAY ANDERSON, JR. |
| BARRY WEBER, former Chief of Police, JOSEPH A. MENSAH and CITY OF WAUWATOSA |
| 24-3054 |
| November 12, 2024 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
Docket Report
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| Filing 15 Re-Submitted appellant brief by Annalisa Pusick for Appellant Estate of Jay Anderson, Jr.. [15] 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. [7427704] [24-3054] (Pusick, Annalisa) [Entered: 01/08/2025 09:54 AM] |
| Filing 16 Appellant's brief filed by Appellant Estate of Jay Anderson, Jr.. Paper copies due on 01/15/2025. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, and should be made by no later than seven days after the filing of the appellee's brief. See Cir. R. 34(b)(3), (4). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [16] [7427725] [24-3054] (EF) [Entered: 01/08/2025 10:45 AM] |
| Filing 14 Brief deficiency letter sent to Appellant Estate of Jay Anderson, Jr.. [14] [7427671] [24-3054] (EF) [Entered: 01/08/2025 08:48 AM] |
| Filing 13 Submitted appellant brief by Annalisa Pusick for Appellant Estate of Jay Anderson, Jr.. [13] 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. [7427655] [24-3054] (Pusick, Annalisa) [Entered: 01/07/2025 04:45 PM] |
| Filing 12 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Nathaniel Cade, Jr. for Appellant Estate of Jay Anderson, Jr.. Additional Parties: J.A. (a Minor). [12] [7427167] (L-Yes; E-Yes; R-No) [24-3054]--[Edited 01/06/2025 by FP to reflect that atty. Cade is added to the docket.] (Cade, Nathaniel) [Entered: 01/06/2025 12:51 PM] |
| Filing 11 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Annalisa Pusick for Appellant Estate of Jay Anderson, Jr.. Additional Parties: Estate of Jay Anderson, Jr., by and through Special Administrator, Starkeisha DeLaRosa and J.A., through her next friend Starkeisha DeLaRosa.. [11] [7427106] (L-No; E-Yes; R-No) [24-3054] [11] [7427106] [24-3054]--[Edited 01/06/2025 by HTP to reflect addition of counsel.] (Pusick, Annalisa) [Entered: 01/06/2025 11:17 AM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kimberley Cy. Motley for Appellant Estate of Jay Anderson, Jr.. [10] [7421187] (L-Yes; E-Yes; R-No) [24-3054] [10] [7421187] [24-3054]--[Edited 12/03/2024 by HTP to reflect addition of counsel.] (Motley, Kimberley) [Entered: 12/03/2024 11:35 AM] |
| Filing 9 Docketing Statement filed by Appellant Estate of Jay Anderson, Jr.. Prior or Related proceedings: Yes. 24-02866 (Appellant voluntarily dismissed) [9] [7418692] [24-3054] (Bedder, Madison) [Entered: 11/19/2024 01:10 PM] |
Filing 8
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 01/07/2025 for Estate of Jay Anderson, Jr. Appellees' brief due on or before 02/07/2025 for City of Wauwatosa, Joseph A. Mensah and Barry Weber. Appellant's reply brief, if any, is due on or before 02/28/2025 for Appellant Estate of Jay Anderson, Jr. RJS [7418686] [24-3054] (JMB) [Entered: 11/19/2024 12:54 PM]
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| Filing 7 Added Attorney(s) Jasmyne M. Baynard for party(s) Appellee City of Wauwatosa Appellee Barry Weber Appellee Joseph A. Mensah, in case 24-3054 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jasmyne M. Baynard for Appellees City of Wauwatosa, Joseph A. Mensah and Barry Weber. [7] [7417923] (L-Yes; E-Yes; R-No) [24-3054]--[Edited 11/14/2024 by AD to reflect the addition of counsel.] (Baynard, Jasmyne) [Entered: 11/14/2024 03:02 PM] |
| Filing 6 Attorney Ann C. Wirth for Barry Weber, Joseph A. Mensah and City of Wauwatosa in 24-3054 terminated and added Attorney(s) Joseph M. Wirth for party(s) Appellee City of Wauwatosa Appellee Barry Weber Appellee Joseph A. Mensah, in case 24-3054 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joseph M. Wirth for Appellees City of Wauwatosa, Joseph A. Mensah and Barry Weber. [6] [7417920] (L-Yes; E-Yes; R-Yes) [24-3054]--[Edited 11/14/2024 by AD to reflect the termination and addition of counsel.] (Wirth, Joseph) [Entered: 11/14/2024 03:00 PM] |
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Filing 5
ORDER: Briefing in this appeal will proceed as follows: Appellant's brief due on or before 12/23/2024 for Estate of Jay Anderson, Jr. Appellees' brief due on or before 01/22/2025 for City of Wauwatosa, Joseph A. Mensah and Barry Weber. Appellant's reply brief, if any, is due on or before 02/12/2025 for Appellant Estate of Jay Anderson, Jr. CDH [7417904] [24-3054] (PS) [Entered: 11/14/2024 02:44 PM]
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| Filing 4 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. [4] [7417601] [24-2866, 24-3054]--[Edited 11/13/2024 by CG to clairfy docket text.] (Cade, Nathaniel) [Entered: 11/13/2024 02:38 PM] |
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Filing 3
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 [3] [3] [7417571] [24-2866, 24-3054] (HTP) [Entered: 11/13/2024 02:09 PM]
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| Filing 2 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. [2] [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 1 Private civil case docketed. Fee Waived Docketing Statement due for Appellant Estate of Jay Anderson, Jr. by 11/15/2024. Transcript information sheet due by 11/26/2024. Appellant's brief due on or before 12/23/2024 for Estate of Jay Anderson, Jr. [1] [7417523] [24-3054] (CG) [Entered: 11/13/2024 12:28 PM] |
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