Pope, Andrew v. Espeseth, Inc. et al

Filing 141

Transmission of Notice of Appeal, Docketing Statement, Opinion and Order, and Docket Sheet to Seventh Circuit Court of Appeals re: 138 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order, # 3 Docket Sheet) (lak)

APPEAL NO. 17-______

UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Andrew Pope
Joshua Rave
On behalf of themselves and
all others similarly situated
Plaintiffs
v.
Fish Window Cleaning Services Inc.
Defendant.

Appeal from the United States District Court
for the Western District of Wisconsin
Case No. 1:15-cv-00486-WCG
Before the Honorable James Peterson

SEVENTH CIRCUIT RULE 3(c)(1) DOCKETING STATEMENT
OF PLAINTIFFS-APPELLANTS

Yingtao Ho
[e-mail]
THE PREVIANT LAW FIRM, S.C.
310 W. Wisconsin Ave. Suite 100MW
Milwaukee, WI 53202
[phone]
[phone] FAX
Attorneys for Plaintiffs-Appellants,

This docketing statement is submitted by Plaintiffs-Appellants pursuant to Seventh Circuit Rule
3(c)(1):

I.

Basis for District Court Jurisdiction

The United States District Court for the District of Wisconsin has federal question jurisdiction
over the Plaintiffs’ claims arising under the Fair Labor Standards Act pursuant to 28 U.S.C. §1331; and
supplemental jurisdiction over the Plaintiffs’ claims arising under Wisconsin law pursuant to 29 U.S.C. §
1367.
II.

Basis for Appellate Court Jurisdiction

28 U.S.C. § 1291 and §1292 confers jurisdiction on the United States Court of Appeals for the
Seventh Circuit over this appeal from the Court’s Court’s final orders that denied to the Plaintiffs leave to
file their Second Amended Complaint, and granted to Fish Window Cleaning Services Inc., its motion for
summary judgment; both of which are dated January 11, 2017. After subsequent proceedings before the
District Court disposed all of the Plaintiffs’ claims against the remaining defendants, so that a final
judgment was entered by the District Court on September 27, 2017, this appeal was timely filed on October
9th, 2017.
III.

Related Cases

There are no currently pending appeals or prior appellate actions in this case.
IV.

Additional Requirements of Circuit Rule 3(c)(1)

This is a civil case that does not involve any criminal convictions. 28 U.S.C. § 1915(g) is
inapplicable.
None of the parties to the litigation appears in an official capacity.
This case does not involve a collateral attack on a criminal conviction.
Dated this 9th day of October, 2017.

/s/Yingtao Ho
Yingtao Ho (SBN #1045418)
[e-mail]
THE PREVIANT LAW FIRM, S.C.
310 W. Wisconsin Ave. Suite 100MW
Milwaukee, WI 53202
[phone]
[phone] FAX
Attorneys for Plaintiffs