Kimberly Aska v. Kenneth Yingling
| KIMBERLY ASKA |
| KENNETH YINGLING |
| 26-1352 |
| February 20, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Personal Injury |
Docket Report
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| Filing 19 Filed District Court order dated 04/13/2026. The Court in its discretion declines to certify Defendants appeal as frivolous. The motion [318] is denied. (See order for further details.) Forwarded to JXK. [19] [7517613] [26-1351, 26-1352] (JR) [Entered: 04/14/2026 09:45 AM] |
Filing 18
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellants' briefs due on or before 05/29/2026 for Matthew Montemayer and Kenneth Yingling. Appellee's brief due on or before 06/29/2026 for Kimberly Aska. Appellants' reply briefs, if any, are due on or before 07/20/2026 for Appellants Matthew Montemayer and Kenneth Yingling. JB [7517238] [26-1351, 26-1352] (HTP) [Entered: 04/13/2026 09:05 AM]
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| Filing 17 Docketing Statement filed by Appellee Kimberly Aska. Prior or Related proceedings: Yes. 26-1351 [17] [7511037] [26-1352] (Rallins, Quinn) [Entered: 03/13/2026 11:45 PM] |
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Filing 16
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellants' briefs due on or before 05/01/2026 for Matthew Montemayer and Kenneth Yingling. Appellee's brief due on or before 06/02/2026 for Kimberly Aska. Appellants' reply brief, if any, is due on or before 06/23/2026 for Appellants Matthew Montemayer and Kenneth Yingling. JB [7511008] [26-1351, 26-1352] (CG) [Entered: 03/13/2026 04:36 PM]
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| Filing 15 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 Robert Crawford for Appellant Kenneth Yingling 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. [15] [7510162] [26-1352] (LJ) [Entered: 03/11/2026 11:27 AM] |
| Filing 14 Filed Seventh Circuit Transcript Information Sheet by Appellant Kenneth Yingling in 26-1352. [14] [7509458] [26-1352, 26-1351] (Crawford, Robert) [Entered: 03/06/2026 05:15 PM] |
| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David B. Owens for Appellee Kimberly Aska in 26-1351, 26-1352. [13] [7508590] (L-No; E-Yes; R-No) [26-1351, 26-1352] [Edited 03/03/2026 by CG to reflect the addition of counsel.] (Owens, David) [Entered: 03/03/2026 02:24 PM] |
| Filing 12 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Robert Crawford for Appellant Kenneth Yingling in 26-1352. [12] [7508378] (L-No; E-Yes; R-No) [26-1352, 26-1351]--[Edited 03/03/2026 by FP to reflect that atty. Crawford is added to the docket.] (Crawford, Robert) [Entered: 03/02/2026 05:13 PM] |
| Filing 11 Filed Seventh Circuit Transcript Information Sheet by Appellant Matthew Montemayer in 26-1351. [11] [7508147] [26-1351, 26-1352] (Masciopinto, Anthony) [Entered: 03/02/2026 10:47 AM] |
| Filing 10 Docketing Statement filed by Appellant Kenneth Yingling. Prior or Related proceedings: No. 26-1351 [10] [7508028] [26-1352] (Nathan, Shneur) [Entered: 02/27/2026 06:42 PM] |
| Filing 9 Appearance form filed by Attorney Shneur Nathan for Appellant Kenneth Yingling in 26-1352. [9] [7508027] (L-Yes; E-Yes; R-No) [26-1352, 26-1351] (Nathan, Shneur) [Entered: 02/27/2026 06:40 PM] |
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Filing 8
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellants' briefs are due on or before 04/16/2026 for Matthew Montemayer and Kenneth Yingling. Appellee's brief due on or before 05/18/2026 for Kimberly Aska. Appellants' reply briefs, if any, are due on or before 06/08/2026 for Appellants Matthew Montemayer and Kenneth Yingling. JB [7507772] [26-1351, 26-1352] (FP) [Entered: 02/27/2026 09:18 AM]
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| Filing 7 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted via Zoom, Monday, March 16, 2026 at 1:30 p.m. Central Time. See Notice for further details and requirements. JB. [7] [7507767] [26-1351, 26-1352] (FP) [Entered: 02/27/2026 09:12 AM] |
| Filing 6 Filed District Court order dated 02/26/2026. Doing so allows the Court and parties to continue on with the case, including to trial. See id. In its order denying the motion for summary judgment, the Court noted that the reasonableness of the defendants' conduct was a question only a jury could determine. Dkt. 303 at 1517. Accordingly, the Court issues a Rule to Show Cause why it should not certify the defendants' interlocutory appeal as being frivolous. The parties shall file simultaneous responses by 3/13/2026. Upon review, the Court will determine if additional briefing is needed. The 3/3/2026 telephonic status hearing before Judge Schneider remains set. The Clerk shall forward a copy of this order to the Seventh Circuit for its appeals 261351 and 261352. Forwarded to JXK & SCR. [6] [7507674] [26-1351, 26-1352] (AP) [Entered: 02/26/2026 03:10 PM] |
| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Anthony J. Masciopinto for Appellant Matthew Montemayer in 26-1351. [5] [7507083] (L-Yes; E-Yes; R-No) [26-1351, 26-1352] [Edited 02/24/2026 by CG to reflect the addition of counsel.] (Masciopinto, Anthony) [Entered: 02/24/2026 02:50 PM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jon Loevy for Appellee Kimberly Aska in 26-1351, 26-1352. [4] [7506747] (L-Yes; E-Yes; R-No) [26-1351, 26-1352] [Edited 02/23/2026 by CG to reflect the addition of counsel.] (Loevy, Jon) [Entered: 02/23/2026 03:02 PM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Steven Art for Appellee Kimberly Aska in 26-1351, 26-1352. [3] [7506741] (L-Yes; E-Yes; R-No) [26-1351, 26-1352][3] [7506741] [26-1351, 26-1352]--[Edited 02/23/2026 by HTP to reflect addition of counsel.] (Art, Steven) [Entered: 02/23/2026 02:58 PM] |
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Filing 2
ORDER: The court, on its own motion, orders these appeals are CONSOLIDATED for purposes of briefing and disposition. The briefing schedule is as follows: 1. The appellants shall file briefs and required short appendices on or before April 1, 2026. 2. The appellee shall file a consolidated brief on or before May 1, 2026. 3. The appellants shall file reply briefs, if any, on or before May 22, 2026. A review of the short records reveals that these appeals involve more than one appellant represented by different counsel. Counsel for appellants are encouraged to avoid unnecessary duplication by filing a joint brief or a joint appendix or by adopting parts of a co-appellants brief. Duplicative briefing will be stricken and may result in disciplinary sanctions against counsel. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). Appellants, however, may not adopt the Jurisdictional Statement of another. Each appellants brief must include a complete Jurisdictional Statement. JXK [2] [7506706] [26-1351, 26-1352] (HTP) [Entered: 02/23/2026 02:09 PM]
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| Filing 1 U.S. civil case docketed. Fee paid. Docketing Statement due for Appellant Kenneth Yingling by 02/09/2026. Transcript information sheet due by 03/06/2026. Appellant's brief due on or before 04/01/2026 for Kenneth Yingling. [1] [7506657] [26-1352] (CG) [Entered: 02/23/2026 12:31 PM] |
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| Plaintiff: KIMBERLY ASKA | |
| Represented By: | Quinn Rallins |
| Represented By: | David B. Owens |
| Represented By: | Jon C. Loevy |
| Represented By: | Steven Edwards Art |
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| Defendant: KENNETH YINGLING | |
| Represented By: | Shneur Zalman Nathan |
| Represented By: | Robert Crawford |
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