DR Distributors, LLC v. 21 Century Smoking, Inc., et al
| DR DISTRIBUTORS, LLC |
| 21 CENTURY SMOKING, INC. and BRENT DUKE |
| CARLOS BENGOA and CB DISTRIBUTORS, INC. |
| 25-3223 |
| December 10, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Trademark |
Docket Report
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| Filing 21 Paper copies of main appeal brief brief filed by Appellants 21 Century Smoking, Inc. and Brent Duke. [21] [7527475] [25-3223] (SK) [Entered: 05/21/2026 12:10 PM] |
| Filing 19 Submitted appellant brief by Kevin B. Salam for Appellants 21 Century Smoking, Inc. and Brent Duke in 25-3223. [19] 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. [7526982] [25-3223, 25-3278] (Salam, Kevin) [Entered: 05/20/2026 10:21 AM] |
| Filing 20 Appellant's brief on main appeal filed by Appellants 21 Century Smoking, Inc. and Brent Duke. Paper copies due on 05/26/2026. 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). [20] [7527052] [25-3223] (SK) [Entered: 05/20/2026 11:41 AM] |
| Filing 18 Brief deficiency letter sent to Appellant 21 Century Smoking, Inc.. [18] [7526685] [25-3223] (SK) [Entered: 05/19/2026 12:42 PM] |
| Filing 17 Submitted Appendix by Kevin B. Salam for Appellants 21 Century Smoking, Inc. and Brent Duke in 25-3223. [17] 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. [7526672] [25-3223, 25-3278] (Salam, Kevin) [Entered: 05/19/2026 12:15 PM] |
| Filing 16 Submitted appellant brief by Kevin B. Salam for Appellants 21 Century Smoking, Inc. and Brent Duke in 25-3223. [16] 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. [7526671] [25-3223, 25-3278] (Salam, Kevin) [Entered: 05/19/2026 12:14 PM] |
Filing 15
ORDER re: Unobjected to motion for leave to file a principal brief of 19, 500 words, filed on 4/22/2026. The motion is GRANTED to the extent that 21 Century Smoking, Inc. and Brent Duke may file an opening brief in the main appeal (no. 25-3223) which does not exceed 18,000 words. [ # 14 ] VXK [15] [7520097] [25-3223, 25-3278] (FP) [Entered: 04/23/2026 09:15 AM]
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| Filing 14 Motion filed by Appellants 21 Century Smoking, Inc. and Brent Duke in 25-3223 Leave to file opening brief not to exceed 19,500 words.. [14] [7519810] [25-3223, 25-3278] (Salam, Kevin) [Entered: 04/22/2026 09:21 AM] |
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Filing 13
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Main appeal brief due on or before 05/20/2026 for 21 Century Smoking, Inc. and Brent Duke. Appellee Cross-Appellant brief due on or before 07/20/2026 for Carlos Bengoa, CB Distributors, Inc. and DR Distributors, LLC. Appellant Reply Cross-Appellee brief due by 09/03/2026 for Appellants 21 Century Smoking, Inc. and Brent Duke. Reply Brief in Cross Appeal due by 10/19/2026 for Appellants Carlos Bengoa, CB Distributors, Inc. and DR Distributors, LLC JB [7509095] [25-3223, 25-3278] (CG) [Entered: 03/05/2026 12:01 PM]
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Filing 12
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: 1. 21 Century Smoking, Inc. and Brent Duke shall file their opening brief and required short appendix in the main appeal docketed as No. 25-3223 on or before March 20, 2026. 2. DR Distributors, LLC, CB Distributors, Inc., and Carlos Bengoa shall file their combined responsive brief in the main appeal and opening brief and appendix in the cross-appeal docketed as No. 25-3278 on or before April 20, 2026. 3. 21 Century Smoking, Inc. and Brent Duke shall file their reply brief, if any, in the main appeal and responsive brief in the cross-appeal on or before May 20, 2026. 4. DR Distributors, LLC, CB Distributors, Inc., and Carlos Bengoa shall file their reply brief, if any, in the cross-appeal on or before June 10, 2026. JB [7497983] [25-3223, 25-3278] (FP) [Entered: 01/13/2026 11:19 AM]
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| Filing 11 Filed Seventh Circuit Transcript Information Sheet by Appellant 21 Century Smoking, Inc.. [11] [7497590] [25-3223] (AP) [Entered: 01/12/2026 10:02 AM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kevin B. Salam for Appellants 21 Century Smoking, Inc. and Brent Duke in 25-3223. [10] [7497545] (L-Yes; E-Yes; R-No) [25-3223, 24-2145, 25-3278] (Salam, Kevin) [Entered: 01/12/2026 08:44 AM] |
| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Robert C. von Ohlen, Jr. for Appellees Carlos Bengoa, CB Distributors, Inc. and DR Distributors, LLC in 25-3223. [9] [7496865] (L-Yes; E-Yes; R-No) [25-3223, 25-3278]--[Edited 01/08/2026 by FP to reflect that atty. Von Ohlen is added to the docket.] (von Ohlen, Robert) [Entered: 01/07/2026 02:39 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Anthony John Davis for Appellees Carlos Bengoa, CB Distributors, Inc. and DR Distributors, LLC in 25-3223. [8] [7496037] (L-No; E-Yes; R-No) [25-3223, 25-3278] (Davis, Anthony) [Entered: 01/05/2026 01:30 PM] |
| Filing 7 Motion filed by Appellants 21 Century Smoking, Inc., Brent Duke and Kevin B. Salam in 24-2117 to dismiss case. [7] [7495018] [24-2117, 24-2145] (Salam, Kevin) [Entered: 12/29/2025 09:26 AM] |
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Filing 6
ORDER: The court, on its own motion, orders these appeals are CONSOLIDATED for purposes of briefing and disposition. The briefing schedule is as follows: 21 Century Smoking, Inc. and Brent Duke shall file their opening brief and required short appendix in the main appeal docketed as No. 25-3223 on or before February 13, 2026. DR Distributors, LLC, CB Distributors, Inc., and Carlos Bengoa shall file their combined responsive brief in the main appeal and opening brief and appendix in the cross-appeal docketed as No. 25-3278 on or before March 16, 2026. 21 Century Smoking, Inc. and Brent Duke shall file their reply brief, if any, in the main appeal and responsive brief in the cross-appeal on or before April 15, 2026. DR Distributors, LLC, CB Distributors, Inc., and Carlos Bengoa shall file their reply brief, if any, in the cross-appeal on or before May 6, 2026. In light of the arguments that appellate jurisdiction in No. 25-3223 is supplied by 28 U.S.C. 1292(a)(1), the parties shall address, in their briefs in these appeals, the finality issue identified in this courts November 26, 2025, order in appeals Nos. 24-2117 and 24-2145. The parties are reminded that they may voluntarily dismiss those earlier appeals in light of these later appeals. See Fed. R. App. P. 42(b). To the extent those earlier appeals remain valid after the district courts November 18, 2025, order, they appear to be duplicative. Any given party needs only one appeal from any given judgment or order, and any others should be dismissed. Grunt Style LLC v. TWD, LLC, 140 F.4th 839, 845 (7th Cir. 2025); Harris v. Bellin Meml Hosp., 13 F.3d 1082, 1083 (7th Cir. 1994). JXK [6] [7494369] [25-3223, 25-3278] (CG) [Entered: 12/22/2025 10:39 AM]
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Filing 5
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellants' brief due on or before 02/13/2026 for 21 Century Smoking, Inc. and Brent Duke. Appellees' brief due on or before 03/16/2026 for Carlos Bengoa, CB Distributors, Inc. and DR Distributors, LLC. Appellants' reply brief, if any, is due on or before 04/06/2026 for Appellants 21 Century Smoking, Inc. and Brent Duke. JB [7493329] [25-3223] (HTP) [Entered: 12/16/2025 12:33 PM]
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| Filing 4 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted via Zoom, Tuesday, January 13, 2026 at 1:00p.m. Central Time. See Notice for further details and requirements. JB. [4] [7493326] [25-3223] (HTP) [Entered: 12/16/2025 12:30 PM] |
| Filing 3 Docketing Statement filed by Appellants 21 Century Smoking, Inc. and Brent Duke. Prior or Related proceedings: Yes. 24-2117; 24-2145; 24-2146 [3] [7492945] [25-3223] (Salam, Kevin) [Entered: 12/15/2025 02:02 PM] |
| Filing 2 Jurisdictional memorandum filed by Appellees Carlos Bengoa, CB Distributors, Inc. and DR Distributors, LLC in 24-2117, 25-3223. [2] [7492092] [24-2117, 24-2145, 25-3223] (Davis, Anthony) [Entered: 12/10/2025 03:48 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants 21 Century Smoking, Inc. and Brent Duke by 12/17/2025. Transcript information sheet due by 12/24/2025. Appellants' brief due on or before 01/20/2026 for 21 Century Smoking, Inc. and Brent Duke. [1] [7492006] [25-3223] (CG) [Entered: 12/10/2025 12:23 PM] |
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