Froedtert South, Inc. v. Christopher Stone
| FROEDTERT SOUTH, INC. |
| CHRISTOPHER STONE |
| 25-1383 |
| March 7, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Statutes |
Docket Report
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Filing 15
ORDER re: Motion to dismiss case. This cause is DISMISSED pursuant to F.R.A.P. 42(b). Mandate issued, no record to be returned. [ # 14 ] [15][7450039] [25-1383, 25-1439] (JMB) [Entered: 05/02/2025 10:26 AM]
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| FOR COURT USE ONLY: Certified copy of 05/02/2025 Final Order with Mandate sent to the District Court Clerk. [7450043-2] [7450043] [25-1383, 25-1439] (JMB) [Entered: 05/02/2025 10:37 AM] |
| Filing 14 Joint motion filed by Appellant Christopher Stone in 25-1383, Appellee Christopher Stone in 25-1439 to dismiss case. [14] [7449832] [25-1383, 25-1439] (Manna, Daniel) [Entered: 05/01/2025 12:22 PM] |
| Filing 13 Filed Letter to Clerk of Court re Compliance with Orders by Appellee Froedtert South, Inc. in 25-1383, Appellant Froedtert South, Inc. in 25-1439. [13] [7442005] [25-1383, 25-1439] (Witkov, Adam) [Entered: 03/21/2025 04:55 PM] |
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Filing 12
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: 1. Respondent shall file his opening brief and required short appendix in the main appeal docketed as No. 25-1383 on or before May 5, 2025. 2. Petitioner shall file its combined responsive brief in the main appeal and opening brief and appendix in the cross-appeal docketed as No. 25-1439 on or before June 4, 2025. 3. Respondent shall file his reply brief, if any, in the main appeal and responsive brief in the cross-appeal on or before July 7, 2025. 4. Petitioner shall file its reply brief, if any, in the cross-appeal on or before July 28, 2025. In addition, Circuit Rule 3(c)(1), referencing Circuit Rule 28(a), requires an appellant to file a docketing statement that provides information concerning the district courts jurisdiction. If jurisdiction depends on diversity, the statement must identify the jurisdictional amount and the citizenship of each party to the litigation. If any party is a corporation, the rule specifically requires an appellant to identify both the state of incorporation and the state in which the corporation has its principal place of business. And if any party is an unincorporated association or partnership, the statement must identify the citizenship of all members. In the present case, petitioner-appellant relies on diversity of citizenship for federal jurisdiction. But petitioners Circuit Rule 3(c) docketing statement fails to identify the states of citizenship of the parties. Petitioner must provide this information. Cir. R. 28(a)(1). It is insufficient to state merely that complete diversity exists between the parties. See Dalton v. Teva N. Am., 891 F.3d 687, 690 (7th Cir. 2018). Accordingly, petitioner shall file an amended docketing statement that provides a complete statement of jurisdiction that includes the omitted information. The statement is due on or before March 26, 2025. RJS [7441457] [25-1383, 25-1439] (FP) [Entered: 03/20/2025 10:06 AM]
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| Filing 11 Amended Docketing Statement filed by Appellee Froedtert South, Inc.. Prior or Related proceedings: Yes. 25-1439 [11] [7441305] [25-1383] (Witkov, Adam) [Entered: 03/19/2025 01:31 PM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ena M. Allen for Appellee Froedtert South, Inc. in 25-1383, Appellant Froedtert South, Inc. in 25-1439. [10] [7441304] (L-No; E-Yes; R-No) [25-1383, 25-1439]--[Edited 03/19/2025 by FP to reflect that atty. Allen is added to the docket.] Date updated: 03/19/2025 Added Attorney(s) Ena M. Allen for party(s) Appellant Froedtert South, Inc., in case 25-1439 Attorney(s) Ena M. Allen for party(s) Appellee Froedtert South, Inc., in case 25-1383 per disclosure statement. Circuit Rule 26.1 Disclosure statement and Appearance filed by Attorney(s) Ena M. Allen for party(s) Appellant Froedtert South, Inc., in case 25-1439 Attorney(s) Ena M. Allen for party(s) Appellee Froedtert South, Inc., in case 25-1383. [10] [7441304] [25-1383, 25-1439]--[Edited 03/19/2025 by FP] (Allen, Ena) [Entered: 03/19/2025 01:26 PM] |
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Filing 9
ORDER: The court, on its own motion, orders these appeals are CONSOLIDATED for purposes of briefing and disposition. The briefing schedule is as follows: Main appeal brief due on or before 04/24/2025 for Christopher Stone. Appellee Cross-Appellant brief due on or before 05/27/2025 for Froedtert South, Inc. Appellant Reply Cross-Appellee brief due by 06/26/2025 for Appellant Christopher Stone. Reply Brief in Cross Appeal due by 07/17/2025 for Appellant Froedtert South, Inc. In addition, Circuit Rule 3(c)(1), referencing Circuit Rule 28(a), requires an appellant to file a docketing statement that provides information concerning the district courts jurisdiction. If jurisdiction depends on diversity, the statement must identify the jurisdictional amount and the citizenship of each party to the litigation. If any party is a corporation, the rule specifically requires an appellant to identify both the state of incorporation and the state in which the corporation has its principal place of business. And if any party is an unincorporated association or partnership, the statement must identify the citizenship of all members. In the present case, petitioner-appellant relies on diversity of citizenship for federal jurisdiction. But petitioners Circuit Rule 3(c) docketing statement fails to identify the states of citizenship of the parties. Petitioner must provide this information. Cir. R. 28(a)(1). It is insufficient to state merely that complete diversity exists between the parties. See Dalton v. Teva N. Am., 891 F.3d 687, 690 (7th Cir. 2018). Accordingly, petitioner shall file an amended docketing statement that provides a complete statement of jurisdiction that includes the omitted information. The statement is due on or before March 26, 2025. JXK [9] [7441225] [25-1383, 25-1439] (AD) [Entered: 03/19/2025 09:40 AM]
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| Filing 8 Filed Seventh Circuit Transcript Information Sheet by Appellee Froedtert South, Inc.. [8] [7440774] [25-1383] (Witkov, Adam) [Entered: 03/17/2025 03:37 PM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Adam E. Witkov for Appellee Froedtert South, Inc.. [7] [7440772] (L-Yes; E-Yes; R-No) [25-1383] (Witkov, Adam) [Entered: 03/17/2025 03:36 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Daniel A. Manna for Appellant Christopher Stone. [6] [7440499] (L-Yes; E-Yes; R-No) [25-1383] [6] [7440499] [25-1383]--[Edited 03/14/2025 by HTP to reflect addition of counsel.] (Manna, Daniel) [Entered: 03/14/2025 03:27 PM] |
| Filing 5 Filed Seventh Circuit Transcript Information Sheet by Appellant Christopher Stone. [5] [7440491] [25-1383] (Turek, David) [Entered: 03/14/2025 03:20 PM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David J. Turek for Appellant Christopher Stone. [4] [7440489] (L-Yes; E-Yes; R-No) [25-1383] (Turek, David) [Entered: 03/14/2025 03:19 PM] |
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Filing 3
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 04/24/2025 for Christopher Stone. Appellee's brief due on or before 05/27/2025 for Froedtert South, Inc. Appellant's reply brief, if any, is due on or before 06/17/2025 for Appellant Christopher Stone. RJS [7439554] [25-1383] (JMB) [Entered: 03/10/2025 03:31 PM]
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| Filing 2 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Monday, March 24, 2025 at 9:30a.m. Central Time. See Notice for further details and requirements. RJS [2] [7439553] [25-1383] (JMB) [Entered: 03/10/2025 03:29 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 03/21/2025. Appellant's brief due on or before 04/16/2025 for Christopher Stone. [1] [7439116] [25-1383] (PS) [Entered: 03/07/2025 12:14 PM] |
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| Petitioner: FROEDTERT SOUTH, INC. | |
| Represented By: | Adam E. Witkov |
| Represented By: | Ena M. Allen |
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| Respondent: CHRISTOPHER STONE | |
| Represented By: | David J. Turek |
| Represented By: | Daniel A. Manna |
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