Pete Szmurlo v. John Tharp, Jr., et al
| PETE R. SZMURLO |
| JOHN J. THARP, JR., ALBERTA RONE and DANIELLE M. KAYS |
| 26-2420 |
| July 7, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Constitutionality of State Statutes |
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Filing 3
ORDER: The court, on its own motion, orders these appeals are CONSOLIDATED for purposes of briefing and disposition. A preliminary review of the short record suggests that the order appealed from may not yet be a final decision within the meaning of 28 U.S.C. 1291. A notice of appeal filed before the district court issues its ruling on a timely motion under Rule 59 of the Federal Rules of Civil Procedure is ineffective until the order disposing of the motion is entered on the district courts civil docket. Fed. R. App. P. 4(a)(4). In the present case, appellant filed a motion for reconsideration on July 1, 2026, within 28 days of entry of the June 3, 2026, order denying appellants June 1, 2026, motion for reconsideration. This motion may be a timely Rule 59 motion challenging the denial of a Rule 60 motion. See Carlson v. CSX Transp., Inc., 758 F.3d 819, 82526 (7th Cir. 2014); Martinez v. City of Chicago, 499 F.3d 721, 727 (7th Cir. 2007). As such, it appears to render these appeals premature, because the district court has not yet disposed of the motion and entered its order on the civil docket. Florian v. Sequa Corp., 294 F.3d 828, 829 (7th Cir. 2002). Accordingly, proceedings in these appeals are SUSPENDED pending the district court's resolution of the July 1, 2026, motion for reconsideration. If a party contends that this appeal should not be suspended, then that party should file a brief memorandum on or before July 22, 2026, stating why suspension is not appropriate. Further, appellant shall file a status report within seven days of a ruling on the motion for reconsideration, or on or shortly before August 10, 2026, if no order has yet issued. JXK [3] [3] [7538510] [26-2216, 26-2420] (AD) [Entered: 07/08/2026 02:39 PM]
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| Filing 2 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [2] [7538236] (Note: The Office of the US Attorney has been notified of the filing of the appeal.) [26-2420] (AD) [Entered: 07/07/2026 03:57 PM] |
| Filing 1 U.S. civil case docketed. Fee due. Transcript information sheet due by 07/21/2026. Docketing Statement due for Appellant Pete R. Szmurlo by 07/10/2026. Fee or IFP forms due on 07/21/2026 for Appellant Pete R. Szmurlo. [1] [7538232] [26-2420] (AD) [Entered: 07/07/2026 03:52 PM] |
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