Kathryn Gillette v. Gaming Entertainment, et al

Filing

Filed Nonprecedential Disposition PER CURIAM. DISMISSED. Diane P. Wood, Chief Judge; Richard A. Posner, Circuit Judge and David F. Hamilton, Circuit Judge. [6841400-1] [6841400] [16-3662]

Download PDF
Case: 16-3662 Document: 28 Filed: 05/16/2017 Pages: 2 NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted * February 21, 2017 Decided May 16, 2017 Before DIANE P. WOOD, Chief Judge RICHARD A. POSNER, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 16-3662 KATHRYN J. GILLETTE, Plaintiff-Appellant, Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. v. No. 1:15-cv-01040-SEB-DKL GAMING ENTERTAINMENT (INDIANA) d/b/a RISING STAR CASINO, et al., Defendants-Appellees. Sarah Evans Barker, Judge. ORDER Kathryn Gillette defaulted on loans from eight casinos. She then sued the casinos, alleging violations of various consumer-protection laws. The district court dismissed Gillette’s claims, and she appeals. We have agreed to decide the case without oral argument because the briefs and record adequately present the facts and legal arguments, and oral argument would not significantly aid the court. See FED. R. APP. P. 34(a)(2)(C). * Case: 16-3662 No. 16-3662 Document: 28 Filed: 05/16/2017 Pages: 2 Page 2 We ordered the parties to submit supplemental briefs addressing the participation in bankruptcy of appellee RDI Caesars Riverboat Casino. After reviewing the supplemental briefs, this court has determined that the district court’s judgment of September 14, 2016, is nonfinal due to the bankruptcy of appellee RDI Caesars Riverboat Casino. See 11 U.S.C. § 362; Maritime Elec. Co., Inc. v. United Jersey Bank, 959 F.2d 1194, 1203–09 (3d Cir. 1991). This court therefore lacks jurisdiction over the appeal because the district court has not disposed of all claims by all parties. See Fed. R. Civ. P. 54(b); see also id.; see also Tradesman Int’l, Inc. v. Black, 724 F.3d 1004, 1006–07 (7th Cir. 2013). Accordingly, IT IS ORDERED that the appeal is DISMISSED for lack of appellate jurisdiction.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?