Sullivan, Amy v. Flora, Inc. et al

Filing 304

Transmission of Notice of Appeal, Docketing Statement, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 302 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Judgment, # 3 Docket Sheet) (lak)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN
AMY LEE SULLIVAN d/b/a DESIGN KIT
Plaintiff,
Case No. 15-cv-298

v.
FLORA, INC.
Defendant.

SEVENTH CIRCUIT FED. R. APP. 3(c)
DOCKETING STATEMENT OF DEFENDANT FLORA, INC.
Defendant Flora, Inc. (“Flora”), by its undersigned counsel, respectfully submits this
Docketing Statement pursuant to Circuit Rule 3(c)(1) of the United States Court of Appeals for
the Seventh Circuit.
I.

DISTRICT COURT JURISDICTION
The United States District Court for the Western District of Wisconsin has jurisdiction over

the subject matter of this action pursuant to 28 U.S.C. § 1331 (federal question) and 17 U.S.C. §
101 et seq. (the Copyright Act).
II.

APPELLATE COURT JURISDICTION
28 U.S.C. § 1291 and 28 U.S.C. § 1294 confer jurisdiction over this appeal on the United

States Court of Appeals for the Seventh Circuit. The final Judgment was entered by the United
States District Court for the Western District of Wisconsin on May 16, 2017. [279]. Flora’s Notice
of Appeal was timely filed with United States District Court for the Western District of Wisconsin
on June 15, 2017.
On June 12, 2017, Flora timely filed its Fed. R. Civ. P. 59 Motion for a New Trial or
Remittitur of Statutory Damages and Unjust Enrichment Awards within 28-days after the entry of
the final Judgment. [295]. This Motion is pending before the United States District Court for the
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Western District of Wisconsin. Although a motion filed for a new trial under Fed. R. Civ. P. 59
tolls the time within which to file an appeal (Fed. R. App. P. 4(A)(v)), Flora has filed its Notice of
Appeal within thirty (30) days from the entry of the final Judgment on May 16, 2017 out of an
abundance of caution to preserve appellate jurisdiction. Pursuant to Fed. R. App. P. 4(B)(i),
however, Flora’s Notice of Appeal will become effective to appeal the final Judgment when an
order disposing of Flora’s Fed. R. Civ. P. 59 Motion for a New Trial or Remittitur of Statutory
Damages and Unjust Enrichment Awards is entered.
This case is not a direct appeal from the decision of a magistrate judge.
III.

THIS IS AN APPEAL OF A FINAL JUDGMENT
This is an appeal from an appealable final Judgment that was entered by the District Court

for the Western District of Wisconsin on May 16, 2017. [279].
IV.

ADDITIONAL CIRCUIT RULE 3(c)(1) REQUIREMENTS
There have not been prior or related appellate proceedings in the case. There is no prior

litigation in the District Court for the Western District of Wisconsin that (a) arises out of the same
criminal conviction, or (b) has been designated by the district court as satisfying the criteria of 28
U.S.C. §1915(g). None of the parties to the litigation appear in an official capacity. Finally, this
is not a collateral attack on a criminal conviction.

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Dated this 15th day of June, 2017.

Respectfully submitted,
/s/ Steven P. Fallon________________
Steven P. Fallon
Paul G. Juettner
Greer, Burns & Crain, Ltd.
300 South Wacker Drive, Suite 2500
Chicago, Illinois 60606
312.360.0080
312.360.9315 (facsimile)
[e-mail]
[e-mail]
Attorneys for Defendant
Flora, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on the 15th day of June, 2017, I will electronically file the foregoing
with the Clerk of the Court using the CM/ECF system. The CM/ECF system will send a “Notice
of E-Filing” to the attorneys of record in this case.
/s/ Steven P. Fallon________________
Steven P. Fallon
Paul G. Juettner
Greer, Burns & Crain, Ltd.
300 South Wacker Drive, Suite 2500
Chicago, Illinois 60606
312.360.0080
312.360.9315 (facsimile)
[e-mail]
[e-mail]
Attorneys for Defendant
Flora, Inc.

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