Xu Lun v. Milwaukee Electric Tool Corporation
| XU LUN, a pseudonym |
| MILWAUKEE ELECTRIC TOOL CORPORATION and TECHTRONIC INDUSTRIES CO., LTD. |
| ROGER ALFORD, GEORGE A. BERMANN, HANNAH L. BUXBAUM, ANTHONY J. COLANGELO, JOHN F. COYLE, STATE OF KENTUCKY, STATE OF KANSAS, STATE OF GEORGIA, STATE OF FLORIDA, STATE OF IOWA, JOHN COTTON RICHMOND, CYNTHIA DYER, LUIS C.DEBACA and TOWARDS JUSTICE |
| 25-3347 |
| December 31, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Labor Litigation |
Docket Report
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Filing 52
ORDER issued GRANTING motion to extend time to file appellee's brief. [ # 51 ] Appellee's brief due on or before 07/27/2026 for Milwaukee Electric Tool Corporation. Appellant's reply brief, if any, is due on or before 08/17/2026 for Appellant Xu Lun. CDH [52] [7532523] [25-3347] (PS) [Entered: 06/12/2026 11:35 AM]
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| Filing 51 Motion filed by Appellee Milwaukee Electric Tool Corporation to extend time to file appellee brief. [51] [7532339] [25-3347] (Dew, Ellen) [Entered: 06/11/2026 03:05 PM] |
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Filing 50
Order issued GRANTING motion to extend time to file appellee's brief. [ # 48 ] Appellee's brief due on or before 06/25/2026 for Milwaukee Electric Tool Corporation. Appellant's reply brief, if any, is due on or before 07/16/2026 for Appellant Xu Lun. CDH [50] [7524513] [25-3347] (HTP) [Entered: 05/11/2026 11:17 AM]
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| Filing 49 Paper copies of amicus brief filed by Amicus Curiae Towards Justice. [49] [7524470] [25-3347] (EF) [Entered: 05/11/2026 10:50 AM] |
| Filing 48 Motion filed by Appellee Milwaukee Electric Tool Corporation to extend time to file appellee brief. [48] [7524361] [25-3347]--[Edited 05/08/2026 by MM to replace document filed with correct document per request from counsel.] (Dew, Ellen) [Entered: 05/08/2026 03:35 PM] |
| Filing 47 Paper copies of amicus brief filed by Amici Curiae State of Florida, State of Georgia, State of Iowa, State of Kansas and State of Kentucky. [47] [7523853] [25-3347] (CAH) [Entered: 05/07/2026 10:27 AM] |
| Filing 46 Paper copies of amicus brief filed by Amici Curiae Roger Alford, George A. Bermann, Hannah L. Buxbaum, Anthony J. Colangelo and John F. Coyle. [46] [7523852] [25-3347] (CAH) [Entered: 05/07/2026 10:25 AM] |
| Filing 45 Paper copies of amicus brief filed by Amici Curiae Luis C.deBaca, Cynthia Dyer and John Cotton Richmond. [45] [7523613] [25-3347] (CAG) [Entered: 05/06/2026 02:13 PM] |
| Filing 44 Amicus brief filed by Amicus Curiae Towards Justice, per order. Paper copies due on 05/12/2026 [44] [7523224] [25-3347] (CAG) [Entered: 05/05/2026 11:59 AM] |
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Filing 43
ORDER re: Motion for leave to file amicus curiae brief towards justice supporting plaintiff-appellant, filed on 5/1/2026. The motion is GRANTED. The clerk shall file instanter the amicus brief tendered by Towards Justice. [ # 35 ] SCR [43] [7523115] [25-3347] (FP) [Entered: 05/05/2026 10:08 AM]
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| Filing 42 Paper copies of appellant brief and appendix filed by Appellant Xu Lun. [42] [7522656] [25-3347] (NHV) [Entered: 05/04/2026 10:01 AM] |
| Filing 41 Amicus brief filed by Amici Curiae Luis C.deBaca, Cynthia Dyer and John Cotton Richmond by consent. Paper copies due on 05/08/2026 [41] [7522564] [25-3347] (CAH) [Entered: 05/01/2026 04:27 PM] |
| Filing 40 Submitted brief by Eli J. Kay-Oliphant for amicus Luis C.deBaca, Cynthia Dyer, and John Cotton Richmond. Consent from all parties contained within brief. [40] 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. [7522550] [25-3347] (Kay-Oliphant, Eli) [Entered: 05/01/2026 04:09 PM] |
| Filing 39 Appearance form filed by Attorney Eric H. Wessan for Amicus Curiae State of Iowa. [39] [7522531] (L-Yes; E-Yes; R-No) [25-3347] (Wessan, Eric) [Entered: 05/01/2026 03:47 PM] |
| Filing 38 Brief deficiency letter sent to Amicus Curiae Luis C.deBaca, Cynthia Dyer, and John Cotton Richmond. [38] [7522524] [25-3347] (CAH) [Entered: 05/01/2026 03:40 PM] |
| Filing 37 Submitted brief by Eli J. Kay-Oliphant for amicus Luis C.deBaca, Cynthia Dyer, and John Cotton Richmond. Consent from all parties contained within brief. [37] 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. [7522488] [25-3347] (Kay-Oliphant, Eli) [Entered: 05/01/2026 03:10 PM] |
| Filing 36 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Eli J. Kay-Oliphant for Luis C.deBaca, Cynthia Dyer, and John Cotton Richmond. [36] [7522484] (L-Yes; E-Yes; R-No) [25-3347] (Kay-Oliphant, Eli) [Entered: 05/01/2026 03:08 PM] |
| Filing 35 Filed Non-Party Motion for Leave to File Amicus Curiae Brief of Towards Justice Supporting Plaintiff-Appellate by Douglas M. Werman for Towards Justice as Amici Curiae on behalf of Xu Lun. [7522468] [25-3347] (Werman, Douglas) [Entered: 05/01/2026 02:48 PM] |
| Filing 34 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected in the Amicus brief at #33, yet are not reflected on the Appellate docket/caption for administrative purposes: STATE OF MISSOURI, STATE OF MONTANA, STATE OF NEBRASKA, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF TENNESSEE, and STATE OF TEXAS [34] [7522455] [25-3347] (CAH) [Entered: 05/01/2026 02:25 PM] |
| Filing 33 Amicus brief filed by Amici Curiae State of Iowa, State of Florida, State of Georgia, State of Kansas and State of Kentucky government filing, no consent necessary. Paper copies due on 05/08/2026 [33] [7522451] [25-3347] (CAH) [Entered: 05/01/2026 02:22 PM] |
| Filing 32 THE AMICUS BRIEF AT #31 CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the Amicus Brief at #31, yet are not reflected on the Appellate docket/caption for administrative purposes: William S. Dodge, Maggie Gardner, Alexandra Huneeus, Aaron D. Simowitz, Carlos M. Vazquez, Christopher A. Whytock [32] [7522449] [25-3347] (SK) [Entered: 05/01/2026 02:16 PM] |
| Filing 31 Amicus brief filed by Amici Curiae John F. Coyle, Anthony J. Colangelo, Hannah L. Buxbaum, George A. Bermann and Roger Alford by consent. Paper copies due on 05/08/2026 [31] [7522446] [25-3347] (SK) [Entered: 05/01/2026 02:09 PM] |
| Filing 30 Submitted brief by Eric H. Wessan for amicus State of Iowa. Federal or state filer (consent unnecessary). [30] 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. [7522433] [25-3347] (Wessan, Eric) [Entered: 05/01/2026 01:05 PM] |
| Filing 29 Submitted brief by Alisa Tiwari for amicus Roger Alford, George A. Bermann, Hannah L. Buxbaum, Anthony J. Colangelo, John F. Coyle, William S. Dodge, Maggie Gardner, Alexandra Huneeus, Aaron D. Simowitz, Carlos M. Vazquez, Christopher A. Whytock. Consent from all parties contained within brief. [29] 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. [7522417] [25-3347] (Tiwari, Alisa) [Entered: 05/01/2026 12:20 PM] |
| Filing 28 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Alisa Tiwari, Agnieszka M. Fryszman, Nicholas J. Jacques for Roger Alford, George A. Bermann, Hannah L. Buxbaum, Anthony J. Colangelo, John F. Coyle, William S. Dodge, Maggie Gardner, Alexandra Huneeus, Aaron D. Simowitz, Carlos M. Vazquez, Christopher A. Whytock. [28] [7522405] (L-Yes; E-Yes; R-No) [25-3347] (Tiwari, Alisa) [Entered: 05/01/2026 12:10 PM] |
| Filing 25 Re-Submitted appellant brief by Jennifer D. Bennett for Appellant Xu Lun. [25] 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. [7522298] [25-3347] (Bennett, Jennifer) [Entered: 05/01/2026 09:45 AM] |
| Filing 24 Mandate issued only as to Techtronic Industries Co., Ltd.. [24] [7521520] [25-3347] (CAH) [Entered: 04/29/2026 09:06 AM] |
| FOR COURT USE ONLY: Certified copy of 04/21/2026 Order Dismissing a Party with Person Mandate sent to the District Court Clerk. [7521541-2] [7521541] [25-3347] (CAH) [Entered: 04/29/2026 09:20 AM] |
| Filing 27 Filed Appendix by Appellant Xu Lun. [27] [7522318] Paper copies due on 05/04/2026 [25-3347] (DAB) [Entered: 05/01/2026 10:14 AM] |
| Filing 26 Appellant's brief filed by Appellant Xu Lun. Paper copies due on 05/04/2026. 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). [26] [7522316] [25-3347] (DAB) [Entered: 05/01/2026 10:11 AM] |
| Filing 23 Brief deficiency letter sent to Appellant Xu Lun. [23] [7520818] [25-3347] (DAB) [Entered: 04/27/2026 09:38 AM] |
| Filing 22 Submitted Appendix by Jennifer D. Bennett for Appellant Xu Lun. [22] 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. [7520761] [25-3347] (Bennett, Jennifer) [Entered: 04/24/2026 05:33 PM] |
| Filing 21 Submitted appellant brief by Jennifer D. Bennett for Appellant Xu Lun. [21] 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. [7520760] [25-3347] (Bennett, Jennifer) [Entered: 04/24/2026 05:31 PM] |
| Filing 20 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jennifer D. Bennett for Appellant Xu Lun. [20] [7520759] (L-Yes; E-Yes; R-No) [25-3347] (Scott-Railton, Thomas) [Entered: 04/24/2026 05:17 PM] |
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Filing 19
ORDER re: Stipulated dismissal of appeal as to appellee Techtronic Industries Co., Ltd. [ # 18 ] This appeal is DISMISSED, in accordance with Federal Rule of Appellate Procedure 42(b), only as to appellee Techtronic Industries Co., Ltd. This appeal remains active as to Milwaukee Electric Tool Corporation. CDH [19] [7519669] [25-3347] (PS) [Entered: 04/21/2026 02:26 PM]
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| Filing 18 Joint motion filed by Appellant Xu Lun and Appellee Techtronic Industries Co., Ltd. to dismiss appeal as to party Techtronic Industries Co.. [18] [7519418] [25-3347] (Bennett, Jennifer) [Entered: 04/20/2026 04:02 PM] |
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Filing 17
ORDER Re: 1) Motion for Extension of Time to File Opening Brief. 2) Appellee Milwaukee Electric Tool's Opposition to Appellant's Motion for Extension of Time to File Opening Brief. The motion is GRANTED. Briefing will proceed as follows: [ # 15 ] Appellant's brief due on or before 04/24/2026 for Xu Lun. Appellees' briefs due on or before 05/26/2026 for Milwaukee Electric Tool Corporation and Techtronic Industries Co., Ltd. Appellant's reply brief, if any, is due on or before 06/16/2026 for Appellant Xu Lun. Counsel for appellant is expected to meet this deadline. SCR [17] [7515609] [25-3347] (AD) [Entered: 04/06/2026 01:31 PM]
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| Filing 16 Filed Response in Opposition by Appellee Milwaukee Electric Tool Corporation Attorney Ellen E. Dew to Appellant's Motion For Extension Of Time To File Opening Brief. [16][7515421] [25-3347] (Dew, Ellen) [Entered: 04/03/2026 03:45 PM] |
| Filing 15 Motion filed by Appellant Xu Lun to extend time to file appellant brief. [15] [7515342] [25-3347] (Scott-Railton, Thomas) [Entered: 04/03/2026 12:13 PM] |
| Filing 14 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael E. Kenneally for Appellee Techtronic Industries Co., Ltd. [14] [7508905] (L-No; E-Yes; R-No) [25-3347] [Edited 03/04/2026 by CG to reflect the addition of counsel.] (Kenneally, Michael) [Entered: 03/04/2026 03:06 PM] |
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Filing 13
Order issued GRANTING motion to extend time to file appellant's brief. [ # 12 ] Appellant's brief due on or before 04/10/2026 for Xu Lun. Appellees' briefs are due on or before 05/11/2026 for Milwaukee Electric Tool Corporation and Techtronic Industries Co., Ltd.. Appellant's reply brief, if any, is due on or before 06/01/2026 for Appellant Xu Lun, CDH [13] [7508080] [25-3347]--[Edited 03/02/2026 by VG - to reflect updated date] (FP) [Entered: 03/02/2026 09:06 AM]
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| Filing 12 Motion filed by Appellant Xu Lun to extend time to file appellant brief. [12] [7507971] [25-3347] (Bennett, Jennifer) [Entered: 02/27/2026 03:23 PM] |
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Filing 11
ORDER issued GRANTING motion to extend time to file appellant's brief. [ # 10 ] Appellant's brief due on or before 03/11/2026 for Xu Lun. Appellees' briefs due on or before 04/10/2026 for Milwaukee Electric Tool Corporation and Techtronic Industries Co., Ltd.. Appellant's reply brief, if any, is due on or before 05/01/2026 for Appellant Xu Lun. CDH [11] [7500614] [25-3347] (AD) [Entered: 01/26/2026 04:14 PM]
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| Filing 10 Motion filed by Appellant Xu Lun to extend time to file appellant brief. [10] [7500484] [25-3347] (Bennett, Jennifer) [Entered: 01/26/2026 11:49 AM] |
| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jason C. White for Appellee Techtronic Industries Co., Ltd.. [9] [7500286] (L-Yes; E-Yes; R-No) [25-3347] (White, Jason) [Entered: 01/23/2026 01:32 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ellen E. Dew for Appellee Milwaukee Electric Tool Corporation. [8] [7499787] (L-Yes; E-Yes; R-No) [25-3347]--[Edited 01/22/2026 by FP to reflect that atty. Dew is added to the docket.] (Dew, Ellen) [Entered: 01/21/2026 06:48 PM] |
| Filing 7 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney Times Wang for Appellant Xu Lun has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [7] [7498099] [25-3347] (LJ) [Entered: 01/13/2026 02:51 PM] |
| Filing 6 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney Paul J. Stockhausen for Appellee Milwaukee Electric Tool Corporation has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [6] [7498095] [25-3347] (LJ) [Entered: 01/13/2026 02:42 PM] |
| Filing 5 Filed Seventh Circuit Transcript Information Sheet by Appellant Xu Lun. [5] [7498010] [25-3347] (Bennett, Jennifer) [Entered: 01/13/2026 12:22 PM] |
| Filing 4 Docketing Statement filed by Appellant Xu Lun. Prior or Related proceedings: No. [4] [7496198] [25-3347] (Bennett, Jennifer) [Entered: 01/05/2026 04:05 PM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Thomas Scott-Railton for Appellant Xu Lun. [3] [7496193] (L-No; E-Yes; R-No) [25-3347][3] [7496193] [25-3347]--[Edited 01/06/2026 by HTP to reflect addition of counsel.] (Scott-Railton, Thomas) [Entered: 01/05/2026 04:03 PM] |
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Filing 2
ORDER: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinated briefing will be stricken. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). [7495754] [2] [7495754] [25-3347] (PS) [Entered: 12/31/2025 01:26 PM]
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| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant Xu Lun by 01/06/2026. Transcript information sheet due by 01/14/2026. Appellant's brief due on or before 02/09/2026 for Xu Lun. [1] [7495751] [25-3347] (PS) [Entered: 12/31/2025 01:20 PM] |
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