Roberta Allen v. MidFirst Bank, et al
| ROBERTA ALLEN |
| MIDFIRST BANK, MIDLAND STATES BANCORP INC., also known as MIDLAND STATES BANK, AUCTION.COM LLC, JASON ALLNUTT, Chief Executive Officer of Auction.com in his individual capacity and DAVID OSBORN, Chief Financial Officer of Auction.com in his individual capacity |
| 26-1426 |
| March 3, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
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Filing 32
ORDER re: Motion to withdraw as counsel for the Auction.com defendants. The motion is GRANTED. Attorney Louis J. Manetti, Jr. may withdraw from further representation of the appellees in this matter. Attorney Dylan J. DeWitt will serve as counsel of record for appellees Auction.com, LLC, Jason Allnutt, and David Osborn. [ # 31 ] CDH [32] [7538660] [26-1426] (HTP) [Entered: 07/09/2026 09:11 AM]
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| Filing 31 Motion filed by Appellees Auction.com LLC, Jason Allnutt and David Osborn to withdraw as counsel [31] [7538533] [26-1426] (Manetti, Louis) [Entered: 07/08/2026 02:59 PM] |
| Filing 30 Attorney Louis Joseph Manetti Jr. for David Osborn, Auction.com LLC and Jason Allnutt in 26-1426 terminated and added Attorney(s) Dylan James DeWitt for party(s) Appellee David Osborn Appellee Auction.com LLC Appellee Jason Allnutt, in case 26-1426 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dylan J. DeWitt for Appellees Auction.com LLC, Jason Allnutt and David Osborn. [30] [7538468] (L-Yes; E-Yes; R-Yes) [26-1426]--[Edited 07/08/2026 by AD to reflect the termination and addition of counsel.] (DeWitt, Dylan) [Entered: 07/08/2026 01:33 PM] |
| Filing 29 Paper copies of appellee brief filed by Appellee MidFirst Bank. [29] [7532134] [26-1426] (NHV) [Entered: 06/11/2026 10:08 AM] |
| Filing 27 Re-Submitted appellee brief by Mark Johnson for Appellee MidFirst Bank. [27] 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. [7531253] [26-1426] (Johnson, Mark) [Entered: 06/08/2026 03:08 PM] |
| Filing 26 Paper copies of appellee brief filed by Appellees Jason Allnutt, Auction.com LLC and David Osborn. [26] [7531112] [26-1426] (EHF) [Entered: 06/08/2026 11:12 AM] |
| Filing 25 Paper copies of appellee brief filed by Appellee Midland States Bancorp Inc. and Appendix vol. 1 & 2 by Appellees Jason Allnutt, Auction.com LLC, Midland States Bancorp Inc. and David Osborn. [25] [7530763] [26-1426] (DAB) [Entered: 06/05/2026 09:35 AM] |
| Filing 28 Appellee's brief filed by Appellee MidFirst Bank. Paper copies due on 06/12/2026. [28] [7531315] [26-1426] (CAG) [Entered: 06/08/2026 03:40 PM] |
| Filing 24 Brief deficiency letter sent to Appellee MidFirst Bank. [24] [7530379] [26-1426] (CAG) [Entered: 06/04/2026 08:30 AM] |
| Filing 23 Submitted appellee brief by Mark Johnson for Appellee MidFirst Bank. [23] 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. [7530361] [26-1426] (Johnson, Mark) [Entered: 06/03/2026 06:44 PM] |
| Filing 22 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark Johnson for Appellee MidFirst Bank. for McCalla Raymer Leibert Pierce, LLP. [22] [7530360] (L-Yes; E-Yes; R-No) [26-1426] (Johnson, Mark) [Entered: 06/03/2026 06:39 PM] |
| Filing 21 Appellee's brief filed by Appellees Jason Allnutt, Auction.com LLC and David Osborn. Paper copies due on 06/10/2026. [21] [7530331] [26-1426] (SK) [Entered: 06/03/2026 03:59 PM] |
| Filing 20 Submitted appellee brief by Louis Joseph Manetti, Jr. for Appellees Auction.com LLC, Jason Allnutt and David Osborn. [20] 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. [7530295] [26-1426] (Manetti, Louis) [Entered: 06/03/2026 03:00 PM] |
| Filing 19 Filed Appendix Volume 1 and Volume 2 by Appellees Jason Allnutt, Auction.com LLC, MidFirst Bank, Midland States Bancorp Inc. and David Osborn. [19] [7529815] Paper copies due on 06/09/2026 [26-1426] (CAH) [Entered: 06/02/2026 10:41 AM] |
| Filing 18 Appellee's brief filed by Appellee Midland States Bancorp Inc.. Paper copies due on 06/09/2026. [18] [7529812] [26-1426] (CAH) [Entered: 06/02/2026 10:39 AM] |
| Filing 17 Submitted appellee brief by W. Scott Porterfield for Appellee Midland States Bancorp Inc.. [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. [7529787] [26-1426] (Porterfield, William) [Entered: 06/02/2026 10:12 AM] |
| Filing 16 Submitted Appendix by Kyle D. Oakes for Appellees Midland States Bancorp Inc., Auction.com LLC, Jason Allnutt and David Osborn. [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. [7529206] [26-1426] (Oakes, Kyle) [Entered: 05/29/2026 11:12 AM] |
| Filing 15 10 copies Appellant's brief filed by Appellant Roberta Allen, per order. 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). [15] [7522676] [26-1426] (CAH) [Entered: 05/04/2026 10:21 AM] |
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Filing 14
ORDER: On May 1, 2026, the appellant filed a document titled Circuit Rule 3(c) Docketing Statement, which the clerk treated as a docketing statement. The appellant informed the court that the document was intended to serve as her opening brief. Accordingly, the clerk shall refile the document as the appellants opening brief. The rule to show cause dated April 27, 2026, is DISCHARGED. Further, the remainder of briefing shall proceed as follows: Appellees' briefs due on or before 06/03/2026 for Jason Allnutt, Auction.com LLC, MidFirst Bank, Midland States Bancorp Inc. and David Osborn. Appellant's reply brief, if any, is due on or before 06/24/2026 for Appellant Roberta Allen. [14] SCR [7522646] [26-1426] (AD) [Entered: 05/04/2026 09:53 AM]
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| Filing 13 Docketing Statement filed by Appellant Roberta Allen. Prior or Related proceedings: No. [13] [7522554] [26-1426] (CAH) [Entered: 05/01/2026 04:18 PM] |
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Filing 12
ORDER: Appellant Roberta Allen is directed to show cause as to why this appeal should not be dismissed for lack of prosecution pursuant to C. R. 31(c)(2). GW. Briefing is SUSPENDED pending further court order. Response to Rule to Show Cause due for Appellant Roberta Allen by 05/11/2026. Sent Certified Mail. Receipt Number: 9589071052702984954758. [12] [7520856] [26-1426] (GW) [Entered: 04/27/2026 10:25 AM]
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| Filing 11 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kyle D. Oakes for Appellee Midland States Bancorp Inc. [11] [7518446] (L-No; E-Yes; R-No) [26-1426]--[Edited 04/16/2026 by PS - docket updated to reflect the addition of counsel.] (Oakes, Kyle) [Entered: 04/16/2026 10:22 AM] |
| Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William Scott Porterfield for Appellee Midland States Bancorp Inc.. [10] [7518430] (L-Yes; E-Yes; R-No) [26-1426] (Porterfield, William) [Entered: 04/16/2026 10:13 AM] |
| Filing 9 Docketing Statement filed by Appellees Auction.com LLC, Jason Allnutt and David Osborn. Prior or Related proceedings: No. [9] [7518211] [26-1426] (Manetti, Louis) [Entered: 04/15/2026 03:06 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Louis J. Manetti, Jr. for Appellees Auction.com LLC, Jason Allnutt and David Osborn. [8] [7518198] (L-Yes; E-Yes; R-No) [26-1426] (Manetti, Louis) [Entered: 04/15/2026 02:56 PM] |
| Filing 7 Docketing Statement filed by Appellant Roberta Allen. Prior or Related proceedings: No. [7] [7514869] [26-1426] (EF) [Entered: 04/01/2026 04:33 PM] |
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Filing 6
ORDER: Appellant Roberta Allen is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. AD. Docketing statement response due for Appellant Roberta Allen by 04/01/2026. Sent Certified Mail. Receipt Number: 9589 0710 5270 1810 9586 70. [6] [7511706] [26-1426] (AD) [Entered: 03/18/2026 09:56 AM]
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Filing 5
ORDER: On March 11, 2026, the District Court granted the plaintiffs motion to proceed on appeal in forma pauperis. Accordingly, briefing will proceed as follows: Appellant's brief due on or before 04/13/2026 for Roberta Allen. Appellees' briefs due on or before 05/13/2026 for Jason Allnutt, Auction.com LLC, MidFirst Bank, Midland States Bancorp Inc. and David Osborn. Appellant's reply brief, if any, is due on or before 06/03/2026 for Appellant Roberta Allen. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellees 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). JR [7510442] [26-1426] (AP) [Entered: 03/12/2026 09:44 AM]
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| Filing 4 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 Mark J. Johnson for Appellee MidFirst Bank 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. [4] [7510204] [26-1426] (LJ) [Entered: 03/11/2026 12:01 PM] |
| Filing 3 Filed District Court order GRANTING Appellant Roberta Allen leave to proceed on appeal in forma pauperis. Date IFP granted: 03/11/2026. [3] [7510149] [26-1426] (AP) [Entered: 03/11/2026 11:00 AM] |
| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: McCalla Raymer Leibert Pierce LLC, Matthew Baysinger, Samuel Montiel, David DeCelles, Does 1-50, Midland States Bank. [2] [7508818] [26-1426] (CG) [Entered: 03/04/2026 11:43 AM] |
| Filing 1 Private civil case docketed. IFP pending in the District Court. Docketing Statement due for Appellant Roberta Allen by 03/10/2026. Transcript information sheet due by 03/17/2026. [1] [7508809] [26-1426] (CG) [Entered: 03/04/2026 11:24 AM] |
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