Duncan, Danelle v. Asset Recovery Specialists, Inc. et al

Filing 63

Transmission of Notice of Appeal, Docketing Statement, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 59 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Judgment, # 3 Docket Sheet) (lak)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Danielle Duncan, Plaintiff, v. Case No. 16-CV-530 Asset Recovery Specialists, Inc., Greg Strandlie, and Wells Fargo Bank NA d/b/a Wells Fargo Dealer Services, Defendants. PLAINTIFF’S CIRCUIT RULE 3(c) DOCKETING STATEMENT Plaintiff Danielle Duncan respectfully submit this Docketing Statement pursuant to Circuit Rule 3(c). I. DISTRICT COURT JURISDICTION The United States District Court for the Western District of Wisconsin has jurisdiction over this action pursuant to the Fair Debt Collection Practices Act and 28 U.S.C. § 1331. II. APPELLATE JURISDICTION The United States Court of Appeals for the Seventh Circuit has jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 1294. The orders and judgments sought to be reviewed are the opinion and order of the District Court entered on July 5, 2017 (Dkt. #53) and the final judgment of the District Court entered on July 11, 2017 (Dkt. #54). Plaintiff filed a motion to alter or amend judgment pursuant to Fed. R. Civ. P. 59(e) on August 7, 2017. Plaintiff filed a notice of appeal on August 7, 2017. III. THIS APPEAL IS TAKEN FROM A FINAL JUDGMENT AND AN APPEALABLE ORDER OF THE DISTRICT COURT As stated above, this appeal is taken from the opinion and order of the District Court entered on July 5, 2017 and the final judgment of the District Court in this case entered on July 11, 2017. No further claims or parties remain for the disposition of the District Court with the exception of Plaintiff’s motion to alter or amend judgment pursuant to Fed. R. Civ. P. 59(e). IV. ADDITIONAL REQUIREMENTS OF CIRCUIT RULE 3(c) There has been no prior litigation in the district court that, although not appealed, (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 this case appears in their official capacity. The docketing statement is not a collateral attack on a criminal conviction. Dated: August 7, 2017 Lawton & Cates, S.C. Attorney for Plaintiff, Danielle Duncan _____/s/ Briane F. Pagel______________ Briane F. Pagel Bar No: 1025514 P.O. Address: 345 W. Washington Ave., #201 P.O. Box 2965 Madison, WI 53703 P: 608.282.6200 F: 608.282.6252 bpagel@lawtoncates.com 2

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