Rosemary Love, et al v. Transport Indiana, LLC
| ROSEMARY LOVE and VERNON LOVE |
| TRANSPORT INDIANA, LLC, doing business as Indiana Transport |
| 26-1141 |
| January 26, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Motor Vehicle |
Docket Report
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Filing 5
ORDER re: Rule 42(b) motion to voluntarily dismiss appeal. [ # 4 ] This cause is DISMISSED pursuant to F.R.A.P. 42(b). Mandate issued, no record to be returned. [5][7501789] [26-1141] (PS) [Entered: 01/30/2026 04:45 PM]
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| Filing 4 Motion filed by Appellants Rosemary Love and Vernon Love to dismiss case. [4] [7501719] [26-1141] (Bartolucci, Elizabeth) [Entered: 01/30/2026 02:40 PM] |
| Filing 3 Motion filed by Appellants Rosemary Love and Vernon Love in 25-2381, Appellees Rosemary Love and Vernon Love in 25-2706 to extend time to file appellant brief. [3] [7501701] [25-2381, 25-2706, 26-1141] (Bartolucci, Elizabeth) [Entered: 01/30/2026 02:20 PM] |
| FOR COURT USE ONLY: Certified copy of 01/30/2026 Final Order with Mandate sent to the District Court Clerk. [7501794-2] [7501794] [26-1141] (PS) [Entered: 01/30/2026 04:54 PM] |
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Filing 2
ORDER: This amended notice of appeal was then filed on January 26, 2026, and tendered to the district court with a motion for leave to file instanter on December 19, 2025, over one month late with respect to the September 19, 2025, order and thus the judgment. See Fed. R. App. P. 4(a)(4)(A). Although the district court granted leave to file the notice of appeal instanter, the timely filing of a motion for an extension of time to file a notice of appeal within 30 days of the expiration of the default appeal period is required by 28 U.S.C. 2107(c) and is thus a jurisdictional prerequisite to an appeal. See Hamer v. Neighborhood Hous. Servs. of Chicago, 583 U.S. 17, 25 (2017); Nestorovic v. Metro. Water Reclamation Dist. of Greater Chicago, 926 F.3d 427, 431 (7th Cir. 2019). IT IS ORDERED that appellants shall file, on or before February 11, 2026, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. The memorandum may address the relevance, if any, of Rule 4(a)(3) on the question whether this court has jurisdiction over this amended notice of appeal. 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 [2] [2] [7500964] [26-1141] (AP) [Entered: 01/28/2026 10:14 AM]
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| Filing 1 Private civil case docketed. Fee Waived Docketing Statement due for Appellants Rosemary Love and Vernon Love by 02/02/2026. Transcript information sheet due by 02/09/2026. Appellants' brief due on or before 03/09/2026 for Rosemary Love and Vernon Love. [1] [7500815] [26-1141] (CG) [Entered: 01/27/2026 03:22 PM] |
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