Luna Vanegas, Jose v. Signet Builders, Inc.

Filing 56

Transmission of Notice of Appeal, Docketing Statement, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 54 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Judgment, # 4 Docket Sheet) (lak)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN _____________________________________________________________________________ JOSE AGEO LUNA VANEGAS, On behalf of himself and all others similarly situated, Plaintiff, Case No. 3:21-cv-00054 v. SIGNET BUILDERS, INC., Defendant. _____________________________________________________________________________ DOCKETING STATEMENT FOR APPEAL TO THE COURT OF APPEALS FOR THE SEVENTH CIRCUIT _____________________________________________________________________________ Plaintiff, and now Appellant, Jose Ageo Luna Vanegas, on behalf of himself and all others similarly situated, submits the following Docketing Statement to his Notice of Appeal filed on September 8, 2021, under the Circuit Rules of the United States Court of Appeals for the Seventh Circuit (“7th Cir. R.”) 3(c)(1) and 28(a). 1. Statement Concerning District Court Jurisdiction. Plaintiff brought the action under the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (“FLSA”). Accordingly, the District Court has jurisdiction pursuant to 29 U.S.C. § 216. 2. Statement Concerning Appellate Jurisdiction. On August 12, 2021, the District Court entered judgment in favor of the Defendant and against the Plaintiff, dismissing the case. The judgment was entered by a district judge, and this is not a direct appeal from any decision of a magistrate judge. 7th Cir. R. 28(a)(2)(v). On September 8, 2021, the Plaintiff filed his Notice of Appeal from this order, within the 30-day deadline to appeal. Fed. R. App. P. 4(a)(1)(A). Thus, the United States Court of Appeals for the Seventh Circuit has jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. Dated this 8th day of September, 2021, LEGAL ACTION OF WISCONSIN Attorneys for Plaintiff By: s/Jennifer J. Zimmermann . Counsel of Record Jennifer J. Zimmermann (WI Bar No. 1067828) Erica L. Sweitzer-Beckman (WI Bar No. 1071961) 744 Williamson Street, Suite 200 Madison, WI 53703 Tel: 608-256-3304 Fax: 608-256-0510 jjz@legalaction.org elb@legalaction.org Lorraine Gaynor (IA Bar No. AT0011144) IOWA LEGAL AID 1700 S. 1st Avenue, Suite 10 Iowa City, IA 52240 Tel: 319-351-6570 lgaynor@iowalaw.org CERTIFICATE OF SERVICE I hereby certify that on the 8th day of September, 2021, a true and accurate copy of the foregoing Docketing Statement was served via the Court’s CM/ECF system upon all counsel of record. By: s/Jennifer J. Zimmermann . Jennifer J. Zimmermann LEGAL ACTION OF WISCONSIN 744 Williamson Street, Suite 200 Madison, WI 53703 Tel: 608-256-3304 Fax: 608-256-0510 jjz@legalaction.org

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