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US Court of Appeals for the Seventh Circuit
Docket for Case #: 20-2708
Docket for Case #: 20-2708
James Smith v. Board of Directors of Triad Ma, et al
DOCKET INFORMATION
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| Amicus Curiae |
AARP FOUNDATION
Amicus Curiae
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| Representation | |||
| Laurie A. McCann, Attorney AARP FOUNDATION LITIGATION 601 E Street N.W. Washington, DC 20049-0000 Personal: 202-434-2082 [COR LD NTC Retained] | |||
| Entry | Filed | Description | |
|---|---|---|---|
| BL-1 | Sep 9, 2020 | Request | Private civil case docketed. Fee paid. Docketing Statement due for Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick by 09/10/2020. Transcript information sheet due by 09/23/2020. Appellants' brief due on or before 10/19/2020 for Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. [1] [7106534] [20-2708] (MM) |
| BL-2 | Sep 10, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John O'Connor for Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. [2] [7106823] (L-Yes; E-Yes; R-No) [20-2708] (O'Connor, John) |
| BL-3 | Sep 10, 2020 | Request | Docketing Statement filed by Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. Prior or Related proceedings: No. [3] [7106825] [20-2708] (O'Connor, John) |
| BL-4 | Sep 11, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Benjamin P. Fryer for Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. [4] [7107134] (L-Yes; E-Yes; R-Yes) [20-2708][Edited 09/11/2020 by AG to reflect addition of counsel] (Fryer, Benjamin) |
| BL-5 | Sep 14, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michelle C. Yau for Appellee James Smith. [5] [7107615] (L-Yes; E-Yes; R-No) [20-2708] [5] [7107615] [20-2708]--[Edited 09/15/2020 by ZNS to reflect the addition of counsel] (Yau, Michelle) |
| BL-6 | Sep 14, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Karen L. Handorf for Appellee James Smith. [6] [7107616] (L-No; E-No; R-No) [20-2708] [6] [7107616] [20-2708]--[Edited 09/15/2020 by ZNS to reflect the addition of counsel] (Yau, Michelle) |
| BL-7 | Sep 14, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michelle C. Yau for Appellee James Smith. [7] [7107618] (L-Yes; E-Yes; R-No) [20-2708] (Yau, Michelle) |
| BL-8 | Sep 15, 2020 | Request | Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Monday, September 28, 2020 at 9:30 a.m. Central Time. See Notice for further details and requirements. RJS [8] [7107948] [20-2708] (MM) |
| BL-9 | Sep 15, 2020 | Request | ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellants' brief due on or before 10/28/2020 for Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. Appellee's brief due on or before 11/30/2020 for James Smith. Appellants' reply brief, if any, is due on or before 12/21/2020 for Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. RJS [7107953] [20-2708] (MM) |
| BL-10 | Sep 15, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jamie Bowers for Appellee James Smith. [10] [7107998] (L-No; E-Yes; R-No) [20-2708] [10] [7107998] [20-2708]--[Edited 09/15/2020 by ZNS to reflect the addition of counsel] (Yau, Michelle) |
| BL-11 | Sep 16, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Matthew D. Grabell for Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. [11] [7108109] (L-No; E-Yes; R-No) [20-2708] (Fryer, Benjamin) |
| BL-12 | Sep 23, 2020 | Request | Filed Seventh Circuit Transcript Information Sheet by Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. [12] [7109994] [20-2708] (Fryer, Benjamin) |
| BL-13 | Oct 22, 2020 | Request | NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Jamie Bowers for Appellee James Smith has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [13] [7116576] [20-2708] (LJ) |
| BL-14 | Oct 22, 2020 | Request | NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Matthew D. Grabell for Appellants Michael McCormick, Board of Directors of Triad Manufacturing, Inc., David Caito and Robert Hardie has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [14] [7116600] [20-2708] (LJ) |
| BL-15 | Oct 22, 2020 | Request | NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Daniel Sutter for Appellee James Smith has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [15] [7116617] [20-2708] (LJ) |
| BL-16 | Oct 28, 2020 | Request | Submitted appellant brief by Benjamin P. Fryer and Matthew D. Grabell for Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. [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. [7117862] [20-2708] (Fryer, Benjamin) |
| BL-17 | Oct 28, 2020 | View | Appellant's brief filed by Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. Paper copies due on 11/04/2020 Electronically Transmitted. [17] [7117874] [20-2708] (CM) |
| BL-18 | Oct 30, 2020 | Request | Paper copies of appellant brief filed by Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. [18] [7118503] [20-2708] (SK) |
| BL-19 | Nov 4, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Lars C. Golumbic for Amicus Curiae, American Benefits Council. [19] [7119612] (L-Yes; E-Yes; R-No) [20-2708] (Golumbic, Lars) |
| BL-20 | Nov 4, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Elizabeth L. Woods for Amicus Curiae, American Benefits Council. [20] [7119615] (L-No; E-Yes; R-No) [20-2708] [Edited 11/05/2020 by AG to reflect addition of counsel] (Woods, Elizabeth) |
| BL-21 | Nov 4, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William J. Delany for Amicus Curiae, American Benefits Council. [21] [7119618] (L-No; E-Yes; R-No) [20-2708] [Edited 11/05/2020 by AG to reflect addition of counsel] (Delany, William) |
| BL-22 | Nov 4, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Sarah M. Adams for Amicus Curiae, American Benefits Council. [22] [7119619] (L-No; E-Yes; R-No) [20-2708] [Edited 11/05/2020 by AG to reflect addition of counsel] (Adams, Sarah) |
| BL-23 | Nov 4, 2020 | Request | Submitted brief by Lars C. Golumbic for amicus American Benefits Council. Consent from all parties contained within brief. [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. [7119620] [20-2708] (Golumbic, Lars) |
| BL-24 | Nov 4, 2020 | View | Amicus brief filed by Amicus Curiae American Benefits Council by consent. Paper copies due on 11/12/2020. Electronically Transmitted. [24] [7119661] [20-2708] (MAN) |
| BL-25 | Nov 5, 2020 | Request | Motion filed by Appellee James Smith to extend time to file the response [25] [7119835] [20-2708] (Bowers, Jamie) |
| BL-26 | Nov 5, 2020 | Request | Order issued GRANTING motion to extend time to file appellee's brief. Appellee's brief due on or before 01/14/2021 for James Smith. Appellants' reply brief, if any, is due on or before 02/04/2021 for Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. CMD [26] [7119911] [20-2708] (ZNS) |
| BL-27 | Nov 6, 2020 | Request | Paper copies of amicus brief filed by Amicus Curiae American Benefits Council. [27] [7120071] [20-2708] (LJ) |
| BL-28 | Nov 12, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Douglas Geyser, Peter K. Stris, Rachana Pathak for Appellee James Smith. [28] [7121128] (L-No; E-Yes; R-No) [20-2708]--[Edited 11/12/2020 by FP to reflect that attys. Geyser, Stris, Pathak are added to the docket.] (Bowers, Jamie) |
| BL-29 | Nov 13, 2020 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John Stokes for Appellee James Smith. [29] [7121726] (L-No; E-Yes; R-No) [20-2708] [29] [7121726] [20-2708]--[Edited 11/16/2020 by ZNS to reflect the addition of counsel] (Stokes, John) |
| BL-30 | Dec 2, 2020 | Request | NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Rachana Pathak for Appellee James Smith has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [30] [7125187] [20-2708] (LJ) |
| BL-31 | Jan 14, 2021 | Request | Submitted appellee brief by Peter K. Stris for Appellee James Smith. [31] 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. [7134801] [20-2708] (Stris, Peter) |
| BL-32 | Jan 14, 2021 | View | Appellee's brief filed by Appellee James Smith. Paper copies due on 01/21/2021 Electronically Transmitted. [32] [7134821] [20-2708] (CM) |
| BL-33 | Jan 15, 2021 | Request | NOTICE: Attorney Peter K. Stris for Appellee James Smith will not be available for oral argument April 1, 2021; May 24-26, 2021. [33] [7134917] [20-2708] (Stris, Peter) |
| BL-34 | Jan 19, 2021 | Request | Paper copies of appellee brief filed by Appellee James Smith. [34] [7135283] [20-2708] (GW) |
| BL-35 | Jan 21, 2021 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Laurie A. McCann for AARP; AARP Foundation. [35] [7135964] (L-Yes; E-Yes; R-No) [20-2708] (McCann, Laurie) |
| BL-36 | Jan 21, 2021 | Request | Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William Alvarado Rivera for AARP, AARP Foundation. [36] [7135966] (L-No; E-No; R-No) [20-2708] (McCann, Laurie) |
| BL-37 | Jan 21, 2021 | Request | Submitted brief by Laurie A. McCann for amicus AARP, AARP Foundation. Consent from all parties contained within brief. [37] 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. [7135968] [20-2708] (McCann, Laurie) |
| BL-38 | Jan 21, 2021 | Request | Submitted brief by Gregory Y. Porter for amicus Public Justice, P.C.. Consent from all parties contained within brief. [38] 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. [7135999] [20-2708] (Porter, Gregory) |
| BL-39 | Jan 21, 2021 | View | Amicus brief filed by Amici Curiae AARP and AARP Foundation by consent. Paper copies due on 01/28/2021 Electronically Transmitted. [39] [7136033] [20-2708] (CM) |
| BL-40 | Jan 21, 2021 | View | Amicus brief filed by Amicus Curiae Public Justice, by consent. Paper copies due on 01/28/2021. Electronically Transmitted. [40] [7136170] [20-2708]--[Edited 01/26/2021 by MM--REPLACED per the court's 01/26/2021 order.] (MAN) |
| BL-41 | Jan 25, 2021 | Request | Motion filed by Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick to extend time to file appellant reply<strike>/cross-appellee</strike> brief. [41] [7136818] [20-2708]--[Edited 01/25/2021 by CG] (Fryer, Benjamin) |
| BL-42 | Jan 25, 2021 | Request | Motion filed by Amicus Curiae Public Justice to correct Clerical Error in Brief of Amicus Curiae in Support of Appellee filed on 1/21/21 (Doc #40). [42] [7136934] [20-2708] (Porter, Gregory) |
| BL-43 | Jan 26, 2021 | View | Order issued GRANTING motion to extend time to file appellants reply brief. Appellant's reply brief, if any, is due on or before 02/19/2021 for Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. CMD [43] [7137020] [20-2708] (FP) |
| BL-44 | Jan 26, 2021 | Request | Paper copies of amicus brief filed by Amici Curiae AARP Foundation and AARP. [44] [7137095] [20-2708] (LJ) |
| BL-45 | Jan 26, 2021 | Request | INSTANTER ORDER re: Motion of Amicus Curiae Public Justice P.C. to Correct Clerical Error in Brief in Support of Appellee (Doc. #40). The motion is GRANTED. The clerk shall file INSTANTER the electronically tendered corrected amicus brief of Public Justice, P.C. This brief REPLACES the brief filed on 01/21/2021.CMD [45] [7137210] [20-2708] (MM) |
| BL-46 | Jan 26, 2021 | Request | Amicus brief filed by Amicus Curiae Public Justice, per order. Paper copies due on 02/02/2021. Electronically Transmitted. [46] [7137220] [20-2708] (MAN) |
| BL-47 | Jan 28, 2021 | Request | Paper copies of amicus brief filed by Amicus Curiae Public Justice. [47] [7137716] [20-2708] (CM) |
| BL-48 | Jan 28, 2021 | View | Argument set for Tuesday, March 30, 2021, at 9:30 a.m. Each side limited to 15 minutes. [48] [7137875] [20-2708] (MAN) |
| BL-49 | Jan 28, 2021 | View | ORDER: Counsel in this appeal shall present oral argument either telephonically or by video communications. No attorneys will be present in the courtroom. The clerks office will contact counsel with further instructions. MOTIONS TO WAIVE ORAL ARGUMENT: If the appeal can be resolved based on the briefs and record and the decisional process would not be significantly aided by oral argument, see FED. R. APP. P. 34(a), counsel may file a motion under Circuit Rule 34(e) to waive oral argument. The court encourages counsel to confer with opposing counsel when considering a motion to waive oral argument and prefers joint motions. A motion to waive oral argument must be filed no later than seven days before the date of argument. CH [49] [7137891] [20-2708] (CAH) |
| BL-50 | Feb 15, 2021 | View | Motion filed by Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick to Consolidate Related Appeals for Oral Argument or Alternatively, to Set Related Appeals for Oral Argument on the Same Hearing Docket. [50] [7141367] [20-2708] (Grabell, Matthew) |
| BL-51 | Feb 15, 2021 | View | Filed Exhibit 1 to Motion to Consolidate Related Appeals For Oral Argument (Dkt. No. 50) by Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. [51] [7141369] [20-2708] (Grabell, Matthew) |
| BL-52 | Feb 19, 2021 | Request | Submitted appellant reply brief by Matthew D. Grabell and Benjamin P. Fryer for Appellants Michael McCormick, Robert Hardie, David Caito and Board of Directors of Triad Manufacturing, Inc.. [52] 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. [7142377] [20-2708] (Fryer, Benjamin) |
| BL-53 | Feb 19, 2021 | View | Appellant's reply brief filed by Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. Paper copies due on 02/26/2021. Electronically Transmitted. [53] [7142470] [20-2708] (MAN) |
| BL-54 | Feb 22, 2021 | View | ORDER re: to Consolidate Related Appeals for Oral Argument or Alternatively, to Set Related Appeals for Oral Argument on the Same Hearing Docket. IT IS ORDERED that the motion is DENIED DW [54] [7143048] [20-2708] (AP) |
| BL-55 | Feb 24, 2021 | Request | Paper copies of appellant reply brief filed by Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick. DIST [55] [7143528] [20-2708] (PNR) |
| BL-56 | Mar 10, 2021 | View | Received argument confirmation from Peter K. Stris for Appellee James Smith. [56] [7146530] [20-2708] (Stris, Peter) |
| BL-57 | Mar 17, 2021 | Request | Received argument confirmation per argument email form for Attorney Peter K. Stris for Appellee James Smith. [57] [7147914] [20-2708] (CAH) |
| BL-58 | Mar 17, 2021 | Request | Received argument confirmation per argument email form for Attorney Mr. Benjamin P. Fryer for Appellants Michael McCormick, Board of Directors of Triad Manufacturing, Inc., David Caito and Robert Hardie. [58] [7148007] [20-2708] (CAH) |
| BL-59 | Mar 28, 2021 | View | Filed Appellee James Smith Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 03/30/2021. [59] [7150283] [20-2708] (Stris, Peter) |
| BL-60 | Mar 30, 2021 | Request | Case heard and taken under advisement by panel: Michael S. Kanne, Circuit Judge; Michael B. Brennan, Circuit Judge and Michael Y. Scudder, Circuit Judge. [60] [7150621] [20-2708] (DRS) |
| BL-61 | Mar 30, 2021 | Request | Case argued by Mr. Benjamin P. Fryer for Appellants Michael McCormick, Board of Directors of Triad Manufacturing, Inc., David Caito and Robert Hardie and Peter K. Stris for Appellee James Smith. [61] [7150622] [20-2708] (DRS) |
| BL-62 | Apr 9, 2021 | View | Filed Appellants Board of Directors of Triad Manufacturing, Inc., David Caito, Robert Hardie and Michael McCormick Citation of Additional Authority, per Circuit Rule 28(e). [62] [7153061] [20-2708] (Fryer, Benjamin) |
| BL-63 | Apr 11, 2021 | View | Filed Appellee James Smith Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 03/30/2021. [63] [7153177] [20-2708] (Stris, Peter) |
| BL-64 | Sep 10, 2021 | View | Filed opinion of the court by Judge Brennan. For these reasons, we AFFIRM the district courts denial of the board defendants motion to dismiss or compel arbitration. Michael S. Kanne, Circuit Judge; Michael B. Brennan, Circuit Judge and Michael Y. Scudder, Circuit Judge. [64] [7185045] [20-2708] (MM) |
| BL-65 | Sep 10, 2021 | View | ORDER: Final judgment filed per opinion. With costs: yes. [65] [7185051] [20-2708] (MM) |
| BL-66 | Sep 23, 2021 | Request | Filed Bill of Costs by Appellee James Smith in the amount of $150.00. [66] [7187614] [20-2708] (Stokes, John) |
| BL-67 | Oct 4, 2021 | Request | Mandate issued with bill of costs in the amount of $150.00. No record to be returned. [67] [7189561] [20-2708] (CM) |
| BL-68 | Oct 4, 2021 | Request | FOR COURT USE ONLY: Certified copy of 09/10/2021 Opinion and Final Judgment with Mandate and Bill of Costs sent to the District Court Clerk. [7189564-2] [7189564] [20-2708] (CM) |