Foley Living Trust v. Gregory Burger, et al
| FOLEY LIVING TRUST, dated November 5, 2007 |
| GREGORY BURGER and MAUREEN BURGER |
| 25-1489 |
| March 24, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Contract Actions |
Docket Report
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Filing 12
ORDER: On consideration of the papers filed in this appeal and review of the short record, this appeal is DISMISSED for lack of jurisdiction. The judgment appealed from is not a final decision within the meaning of 28 U.S.C. 1291. Appellant asks that we remand to the district courtthough it frames this request as a voluntary dismissal. But see Fed. R. App. P. 42(b)(3). If we lack appellate jurisdiction, then we also necessarily lack the authority to remand this proceeding to the district court and must instead dismiss the appeal. See Jaquez v. United States, 36 F.4th 725, 728 (7th Cir. 2022). Because the parties agree that the judgment is not final, the request for remand is DENIED. (See order for further details). Michael Y. Scudder, Circuit Judge; Candace Jackson-Akiwumi, Circuit Judge and Doris L. Pryor, Circuit Judge. [12] [7453142] [25-1489] (HTP) [Entered: 05/19/2025 02:29 PM]
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| Filing 11 Filed Response by Appellees Gregory Burger and Maureen Burger to the Foley Living Trust's April 8, 2025, voluntary motion to dismiss its appeal. [11][7445664] [25-1489] (Morgan, Donald) [Entered: 04/09/2025 12:34 PM] |
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Filing 10
ORDER re: Motion for voluntary dismissal. IT IS ORDERED that appellees shall file, on or before April 18, 2025, a response to appellants filing, addressing the jurisdictional issue raised in the courts order of March 25, 2025. JXK [10] [7445430] [25-1489] (JMB) [Entered: 04/08/2025 02:09 PM]
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| Filing 9 Motion filed by Appellant Foley Living Trust to dismiss case. [9] [7445369] [25-1489] (Hess, Alexander) [Entered: 04/08/2025 11:23 AM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Alexander R. Hess for Appellant Foley Living Trust. [8] [7443570] (L-Yes; E-Yes; R-No) [25-1489] (Hess, Alexander) [Entered: 03/31/2025 02:23 PM] |
| Filing 7 Added Attorney(s) Melissa Anne Macchia for party(s) Appellee Maureen Burger Appellee Gregory Burger, in case 25-1489 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Melissa A. Macchia for Appellees Gregory Burger and Maureen Burger. [7] [7442838] (L-No; E-Yes; R-No) [25-1489]--[Edited 03/27/2025 by AD to reflect the addition of counsel.] (Macchia, Melissa) [Entered: 03/26/2025 04:13 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Matthew T. Albaugh for Appellees Gregory Burger and Maureen Burger. [6] [7442837] (L-No; E-Yes; R-No) [25-1489] (Albaugh, Matthew) [Entered: 03/26/2025 04:10 PM] |
| Filing 5 Added Attorney(s) Donald Eugene Morgan for party(s) Appellee Maureen Burger Appellee Gregory Burger, in case 25-1489 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Donald E. Morgan for Appellees Gregory Burger and Maureen Burger. [5] [7442835] (L-Yes; E-Yes; R-No) [25-1489]--[Edited 03/27/2025 by AD to reflect the addition of counsel.] (Morgan, Donald) [Entered: 03/26/2025 04:05 PM] |
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Filing 4
ORDER: A preliminary review of the short record indicates that the order appealed from may not be a final decision within the meaning of 28 U.S.C. 1291. IT IS ORDERED that appellant shall file, on or before April 8, 2025, 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 order. (See order for further details) JXK [7442591] [4] [7442591] [25-1489] (JMB) [Entered: 03/25/2025 03:39 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 05/07/2025 for Foley Living Trust. Appellees' brief due on or before 06/06/2025 for Gregory Burger and Maureen Burger. Appellant's reply brief, if any, is due on or before 06/27/2025 for Appellant Foley Living Trust. RJS [7442546] [25-1489] (CG) [Entered: 03/25/2025 02:35 PM]
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| Filing 2 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Monday April 7, 2025 at 9:30 a.m. Central Time. See Notice for further details and requirements. RJS. [2] [7442542] [25-1489] (CG) [Entered: 03/25/2025 02:28 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 04/07/2025. Appellant's brief due on or before 05/05/2025 for Foley Living Trust. [1] [7442225] [25-1489] (CG) [Entered: 03/24/2025 02:45 PM] |
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