Remnant David, et al v. McCalla Leibert, et al
| BETTY J. WILSON, Settlor, DARRELL WILSON, Trustee, REMNANT DAVID and OCLEAN TRUST |
| MCCALLA R. LEIBERT, MARIAN E. PERKINS, REED SMITH LLP, COLETTE WILER and JOSHUA EMBERTON |
| 26-1998 |
| May 5, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Civil (Rico) |
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Filing 33
ORDER: This appeal is DISMISSED for lack of jurisdiction. (See order for further details) Michael Y. Scudder, Circuit Judge; Thomas L. Kirsch II, Circuit Judge and Doris L. Pryor, Circuit Judge. [33] [7562633] [26-1998] (PS) [Entered: 10/14/2026 11:15 AM]
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| Filing 32 Pro se motion filed by Appellants Betty J. Wilson and Darrell Wilson to reopen/continue appeal and present newly discovered evidence. [32] [7558292] [26-1998] (CAH) [Entered: 09/25/2026 10:21 AM] |
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Filing 31
ORDER re: Ex parte motion to dismiss and terminate appeal. [ # 30 ]; The appellants have asked the court to dismiss and terminate this appeal. Federal Rule of Appellate Procedure 42(b) allows appellants to voluntarily dismiss their appeal. However, once the appeal is dismissed, the appellants cannot reinstate it at a later date. Because it is unclear whether the appellants seek to unconditionally dismiss this appeal, the motion is DENIED without prejudice to renewal. Should the appellants decide that they do not want to proceed with this appeal they may file a renewed motion that complies with Federal Rule of Appellate Procedure 42(b). Any such motion is due by September 28, 2026. CDH [31] [7555199] [26-1998] (CG) [Entered: 09/14/2026 02:28 PM]
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| Filing 30 Pro se motion filed by Appellants Betty J. Wilson and Darrell Wilson to dismiss case pursuant to FRAP 42(b). [30] [7555006] [26-1998] (EHF) [Entered: 09/14/2026 09:51 AM] |
| Filing 29 Paper copies of appellee brief filed by Appellee McCalla R. Leibert. [29] [7552213] [26-1998] (CAH) [Entered: 09/01/2026 02:03 PM] |
| Filing 28 Jurisdictional memorandum filed by Appellees Joshua Emberton and McCalla R. Leibert. [28] [7551965] [26-1998] (O'Malley, Michael) [Entered: 08/31/2026 05:35 PM] |
| Filing 27 Jurisdictional memorandum filed by Appellees Reed Smith LLP and Colette Wiler. [27] [7551662] [26-1998] (Yingling, Michael) [Entered: 08/31/2026 07:27 AM] |
| Filing 26 Supplemental Part II to the jurisdictional memorandum and response to the court's August 17, 2026 order filed by Appellants Betty J. Wilson and Darrell Wilson.[26] [7550393] [26-1998] (CAH) [Entered: 08/25/2026 11:20 AM] |
| Filing 25 Jurisdictional memorandum filed by Appellants Betty J. Wilson and Darrell Wilson. [25] [7549899] [26-1998] (EHF) [Entered: 08/24/2026 10:32 AM] |
| Filing 24 Paper copies of appellee brief and appendix (vol. I and II) filed by Appellees Reed Smith LLP and Colette Wiler. [24] [7549194] [26-1998]--[Edited 08/20/2026 by SK]--[Edited 08/20/2026 by SK] (SK) [Entered: 08/20/2026 10:36 AM] |
| Filing 22 Re-Submitted appellee brief by Michael J. O'Malley for Appellee McCalla R. Leibert. [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. [7548202] [26-1998] (O'Malley, Michael) [Entered: 08/17/2026 02:55 PM] |
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Filing 21
ORDER: Consideration of appellees jurisdictional statements and further review of the record suggests this appeal may be untimely. Appellants and appellees each shall file, on or before August 31, 2026, brief memorandums stating why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal under Rule 42(b) of the Federal Rules of Appellate Procedure will satisfy this requirement. Further briefing is SUSPENDED pending further court order. (See order for further details). [7548006] JXK [21] [7548006] [26-1998] (HTP) [Entered: 08/17/2026 09:48 AM]
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| Filing 23 Appellee's brief filed by Appellee McCalla R. Leibert. Paper copies due on 08/24/2026. [23] [7548267] [26-1998] (EHF) [Entered: 08/17/2026 04:36 PM] |
| Filing 20 Brief deficiency letter sent to Appellee McCalla R. Leibert. [20] [7547933] [26-1998] (EHF) [Entered: 08/14/2026 04:21 PM] |
| Filing 19 Submitted appellee brief by Michael J/ O'Malley for Appellee McCalla R. Leibert. [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. [7547902] [26-1998] (O'Malley, Michael) [Entered: 08/14/2026 03:35 PM] |
| Filing 18 Filed Appendices Volume 1 & 2 by Appellees Reed Smith LLP and Colette Wiler. [18] [7547704] Paper copies due on 08/21/2026 [26-1998] (EHF) [Entered: 08/14/2026 10:10 AM] |
| Filing 17 Appellee's brief filed by Appellees Reed Smith LLP and Colette Wiler. Paper copies due on 08/21/2026. [17] [7547683] [26-1998] (EHF) [Entered: 08/14/2026 09:50 AM] |
| Filing 16 Submitted Supplemental Appendix by M. Patrick Yingling for Appellees Reed Smith LLP and Colette Wiler. [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. [7547631] [26-1998] (Yingling, Michael) [Entered: 08/14/2026 07:03 AM] |
| Filing 15 Submitted appellee brief by M. Patrick Yingling for Appellees Reed Smith LLP and Colette Wiler. [15] 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. [7547630] [26-1998] (Yingling, Michael) [Entered: 08/14/2026 06:51 AM] |
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Filing 14
ORDER re: Motion to adopt previously filed opening brief. The motion is GRANTED. Appellant Betty J. Wilson may adopt the brief of Appellant Darrell Wilson, filed on June 15, 2026. A copy of this order will be distributed to the assigned merits panel. [ # 13 ] CDH [14] [7538588] [26-1998] (HTP) [Entered: 07/08/2026 03:51 PM]
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| Filing 13 Pro se motion filed by Appellant Betty J. Wilson to adopt previously filed opening brief. [13] [7538322] [26-1998] (CAH) [Entered: 07/08/2026 09:43 AM] |
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Filing 12
ORDER: The appellants in this appeal are Betty J. Wilson and Darrell Wilson. The opening brief, however, is signed only by Darrell. As a non-attorney, Darrell cannot make filings on behalf of Betty. Each pro se appellant must sign all of the filings, and failure to file an opening brief can result in dismissal of the appeal as to that appellant. See Fed. R. App. P. 32(d) and Cir. R. 31(c)(2). If the brief was intended to be filed on behalf of Betty as well as Darrell, Betty may file a motion to adopt the filed brief that she personally signs and that indicates she adopts the previously filed brief. Any motion to adopt must be filed by July 16, 2026. Sent Certified Mail. Receipt Number: Darnell Wilson: 9890 0710 5270 16070 843 60. Betty Wilson: 9589 0710 5270 1607 0843 77. CDH [12] [7537192] [26-1998] (CG) [Entered: 07/02/2026 09:44 AM]
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Filing 11
ORDER Re: Appellees' Motion to Stay Appeal Pending Ruling on Plaintiffs-Appellants' Rule 60(b) Motion. [ # 10 ] Briefing in this appeal will proceed as follows: Appellees' brief due on or before 08/14/2026 for Joshua Emberton, McCalla R. Leibert, Marian E. Perkins, Reed Smith LLP and Colette Wiler. Appellants' reply brief, if any, is due on or before 09/04/2026 for Appellants Remnant David, Oclean Trust, Betty J. Wilson and Darrell Wilson. Further, the motion is DENIED without prejudice to renewal. CDH [11] [7536095] [26-1998] (AD) [Entered: 06/29/2026 10:40 AM]
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| Filing 10 Motion filed by Appellees Joshua Emberton and McCalla R. Leibert to Stay Appeal Pending Ruling on Plaintiffs-Appellants' Rule 60(b) Motion. [10] [7535529] [26-1998] (O'Malley, Michael) [Entered: 06/25/2026 01:24 PM] |
| Filing 9 10 copies Appellant's brief filed by Appellant Darrell Wilson. Appellee's brief due on or before 07/15/2026 for Joshua Emberton, McCalla R. Leibert, Marian E. Perkins, Reed Smith LLP and Colette Wiler. 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). [9] [7532844] [26-1998] (DAB) [Entered: 06/15/2026 11:49 AM] |
| Filing 8 Docketing Statement filed by Appellants Remnant David, Oclean Trust, Betty J. Wilson and Darrell Wilson. Prior or Related proceedings: No. [8] [7526984] [26-1998] (AD) [Entered: 05/20/2026 10:26 AM] |
| Filing 7 Filed Notice Concerning Appellants' Rule 60(b) Motion for Relief in the District Court by Appellees McCalla R. Leibert and Joshua Emberton. [7] [7525255] [26-1998] (O'Malley, Michael) [Entered: 05/13/2026 01:48 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael J. O'Malley for Appellees McCalla R. Leibert and Joshua Emberton. for Pierce. [6] [7525228] (L-Yes; E-Yes; R-No) [26-1998] (O'Malley, Michael) [Entered: 05/13/2026 12:48 PM] |
| Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael J. O'Malley for Appellees McCalla R. Leibert and Joshua Emberton. for Pierce. [5] [7525215] (L-Yes; E-Yes; R-No) [26-1998] (O'Malley, Michael) [Entered: 05/13/2026 12:38 PM] |
| 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 Kristen DeGrande for Appellees Reed Smith LLP and Colette Wiler 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] [7524900] [26-1998] (LJ) [Entered: 05/12/2026 11:55 AM] |
| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney M. Patrick Yingling for Appellees Reed Smith LLP and Colette Wiler. [3] [7524764] (L-Yes; E-Yes; R-No) [26-1998] [Edited 05/12/2026 by CG to reflect the addition of counsel.] (Yingling, Michael) [Entered: 05/12/2026 08:46 AM] |
| Filing 2 No attorney(s) added for Appellee Marian E. Perkins, per District Court docket. [2] [7523730] [26-1998] (FP) [Entered: 05/06/2026 04:52 PM] |
| Filing 1 Private civil case docketed. Fee paid. Transcript information sheet due by 05/19/2026. Docketing Statement due for Appellants Remnant David, Oclean Trust, Betty J. Wilson and Darrell Wilson by 05/12/2026. Appellant's brief due on or before 06/15/2026 for Remnant David, Oclean Trust, Betty J. Wilson and Darrell Wilson. [1] [7523724] [26-1998] (FP) [Entered: 05/06/2026 04:41 PM] |
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