Jannifer Montgomery, et al v. Ryan Gubricky
| JANNIFER MONTGOMERY, MICHAEL MONTGOMERY, M. M., by next friend JANNIFER MONTGOMERY, on behalf of her children and M. C. M., by next friend JANNIFER MONTGOMERY, on behalf of her children |
| RYAN GUBRICKY, Chicago Police Officer |
| 25-2575 |
| September 8, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
Docket Report
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| Filing 9 Mandate issued. No record to be returned. [9] [7485208] [25-2575] (EF) [Entered: 11/05/2025 08:51 AM] |
| FOR COURT USE ONLY: Certified copy of 10/14/2025 Final Order with Mandate sent to the District Court Clerk. [7485224-2] [7485224] [25-2575] (EF) [Entered: 11/05/2025 09:27 AM] |
Filing 8
ORDER: In light of the district court's statement that it intends to dismiss the remaining claims against the City of Chicago and enter a final judgment disposing of all claims against all parties, this case is REMANDED to the district court pursuant to Rule 12.1 of the Federal Rules of Appellate Procedure so that the district court may enter a complete and final judgment. This appeal is DISMISSED. See Fed. R. App. P. 12.1(b). Any party dissatisfied with the newly entered judgment must file a fresh notice of appeal. Ilana Diamond Rovner, Circuit Judge; Amy J. St. Eve, Circuit Judge and Nancy L. Maldonado, Circuit Judge. [8] [7480456] [25-2575] (HTP) [Entered: 10/14/2025 02:45 PM]
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| Filing 7 Filed status report by Appellant Jannifer Montgomery. [7] [7479865] [25-2575] (Greenberg, Steve) [Entered: 10/09/2025 01:12 PM] |
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Filing 6
ORDER: This appeal is REMANDED to the district court to enter a judgment that fully and correctly implements its decisions with respect to all the defendants. See Fed. R. Civ. P. 60(a). This court will retain jurisdiction over this appeal. Once the district court has corrected its judgment, this appeal will proceed to briefing. An amended notice of appeal is unnecessary if the judgment is corrected to reflect what actually happened. Grunt Style LLC, 140 F.4th at 848 (citing Mosley v. Atchison, 689 F.3d 838, 84243 (7th Cir. 2012)). If the district court determines that it has not resolved all claims against all parties, it should enter an order reflecting its intended next steps and this court will take further appropriate action. Cf. Fed. R. App. P. 12.1(b). The appellants shall inform the court, on or before October 9, 2025, whether the district court has entered its corrected judgment or entered another order regarding the judgment. (See order for details.) JXK [6] [7477135] [25-2575] (CG) [Entered: 09/25/2025 12:22 PM]
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| FOR COURT USE ONLY: Certified copy of 09/25/2025 Limited Remand Order sent to the District Court Clerk. [7477141-2] [7477141] [25-2575] (CG) [Entered: 09/25/2025 12:29 PM] |
| Filing 5 Jurisdictional memorandum filed by Appellee Ryan Gubricky. [5] [7476244] [25-2575] (Loose, Suzanne) [Entered: 09/22/2025 11:18 AM] |
| Filing 4 Filed status report by Appellant Jannifer Montgomery. [4] [7475912] [25-2575] (Greenberg, Steve) [Entered: 09/18/2025 06:00 PM] |
| Filing 3 Appearance form filed by Attorney SUZANNE M. LOOSE for Appellee Ryan Gubricky. [3] [7474738] (L-Yes; E-Yes; R-Yes) [25-2575]-[Edited 09/15/2025 by CG to reflect the addition of counsel.] (Loose, Suzanne) [Entered: 09/15/2025 09:28 AM] |
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Filing 2
ORDER: A preliminary review of the short record suggests that the judgment is deficient. It reflects that judgment was entered in favor of defendant Ryan Gubricky but fails to record the disposition of the case with respect to Christopher Monahan or the City of Chicago. A separate judgment was entered on March 14, 2025, in favor of Monahan, but it does not appear that this earlier judgment was properly entered with respect to fewer than all the parties under Rule 54(b) of the Federal Rules of Civil Procedure. The final judgment should be complete and self-contained. See, e.g., Grunt Style LLC v. TWD, LLC, 140 F.4th 839, 844 (7th Cir. 2025); Reytbatt v. Denton, 812 F.2d 1042, 1043 (7th Cir. 1987). Accordingly, the appellants and appellees each shall file, on or before September 23, 2025, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction or remanded to the district court to enter a proper judgment. Briefing is SUSPENDED pending further court order. (See order for further details.) [7473623] JXK [2] [7473623] [25-2575] (CG) [Entered: 09/09/2025 11:05 AM]
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| Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 09/22/2025. Appellants' brief due on or before 10/20/2025 for M. M., M. C. M., Jannifer Montgomery and Michael Montgomery. [1] [7473384] [25-2575] (PS) [Entered: 09/08/2025 02:31 PM] |
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