This case was last updated from PACER on 04/13/2019 at 06:05:12 (UTC).

Kurtis Bailey v. Worthington Cylinder Corporati, et al

Case Summary

On 02/12/2019 Kurtis Bailey filed a Personal Injury - Other Product Liability lawsuit against Worthington Cylinder Corporati. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Seventh Circuit. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    19-1265

  • Filing Date:

    02/12/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. Courts Of Appeals

  • Courthouse:

    U.S. Court Of Appeals, Seventh Circuit

 

Party Details

Appellant

ANDREW W. SHALABY

El Cerrito, CA 94530

Plaintiff / Appellant

KURTIS M. BAILEY

Defendant / Appellees

WORTHINGTON CYLINDER CORPORATION

WORTHINGTON INDUSTRIES, INCORPORATED

Attorney/Law Firm Details

Plaintiff / Appellant and Appellant Attorneys

Andrew W. Shalaby

Attorney at EAST BAY LAW

7525 Leviston Avenue

El Cerrito, CA 94530

David W. Chen

Attorney at LAW OFFICE OF DAVID W. CHEN P.C.

1300 Clay Street

Oakland, CA 94612-1427

John M. Nelson

Attorney at JOHN NELSON LAW OFFICES

1318 E. State Street

Rockford, IL 61104-2228

Defendant / Appellee Attorneys

James W. Ozog

Attorney at GOLDBERG SEGALLA LLP

311 S. Wacker Drive

Chicago, IL 60606

Jason Granskog

Attorney at BOWLES & VERNA

2121 N. California Boulevard

Walnut Creek, CA 94596-0000

 

Court Documents

#18

(#18) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James W. Ozog for Appellees Worthington Cylinder Corporation and Worthington Industries, Incorporated. [18] [6994909] (L-Yes; E-Yes; R-No) [19-1265] (Ozog, James) [Entered: 04/02/2019 03:28 PM]

#15

(#15) Filed notice from the District Court that the $505 appeal docketing fee was received. [15] [6990053] [19-1265] (CCG) [Entered: 03/11/2019 04:06 PM]

14 #4

C - order restricting filings permitted by attorney-appellant

14 #3

B - UTS Study rev. 1

14 #1

Docketing/Jurisdictional Statement

14 #2

Exhibit A - Atty Danker Declaration

#13

(#13) ORDER: In the present case, appellants Circuit Rule 3(c) docketing statement fails to set forth the date on which the notice of appeal was filed. This information must be provided. The appellant shall file a complete statement of jurisdiction that includes the date the notice of appeal was filed. The statement is due on or before March 18, 2019. DW [13] [6989943] [19-1265] (FP) [Entered: 03/11/2019 12:45 PM]

#12

(#12) ORDER:This matter comes before the court on consideration of the Response to Order re Duplicative Appeals (19-1265 Duplicative to 19-1240) filed on February 20, 2019. That filing makes clear that the amended notice of appeal added a new, second appellant Andrew W. Shalaby. This appeal, therefore, is not duplicative of the earlier filed appeal (19-1240). Accordingly, IS ORDERED that appellant Andrew W. Shalaby pay, on or before March 25, 2019, the required appellate filing and docketing fees. Failure to do so may result in the dismissal of attorney Shalabys appeal (19-1265). DW [12] [6989940] [19-1265] (AP) [Entered: 03/11/2019 12:40 PM]

#14

(#11) Motion filed by Appellant Kurtis M. Bailey in 19-1240, 19-1265 to file supplement to Appellant's Jurisdictional Memorandum. [11] [6989796] [19-1240, 19-1265] (Shalaby, Andrew) [Entered: 03/08/2019 05:10 PM]

#10

(#10) Docketing Statement filed by Appellant Kurtis M. Bailey. Prior or Related proceedings: Yes. 19-1240, which is the same as this appeal: an amended NOA inadvertently triggered opening of this appeal; 18-1399 was related and voluntarily dismissed. [10] [6989637] [19-1265] (Shalaby, Andrew) [Entered: 03/08/2019 11:57 AM]

#9

(#9) ORDER: Appellant Kurtis M. Bailey is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant Kurtis M. Bailey by 03/21/2019. JR [9] [6989486] [19-1265] (MM) [Entered: 03/07/2019 04:34 PM]

#13

(#8) Filed Response by Appellant Kurtis M. Bailey in 19-1265, 19-1240 Attorney Andrew W. Shalaby, on behalf of Appellant and on behalf of Andrew W. Shalaby to order issued February 20, 2019 re whether appeal 19-1265 is duplicative of 19-1240 (OSC why 19-1265 should not be dismissed as duplicative of 19-1240). [8][6985804] [19-1265, 19-1240] (Shalaby, Andrew) [Entered: 02/20/2019 01:12 PM]

#7

(#7) ORDER re: "Motion to Consolidate Appeals and Waiver of Fees on Appeal 19-1265", filed by appellant on February 15, 2019. The motion will not be ruled on at this time. As the court explained in its order of February 15, 2019, the court first will determine whether this appeal is duplicative of 19-1240. As to this matter, counsel for appellant is reminded to respond to the courts order of February 13, 2019, regarding the necessity of this appeal. Counsels response is due no later than February 22, 2019. DW [7] [6985774] [19-1265] (PS) [Entered: 02/20/2019 12:05 PM]

#12

(#6) Filed Response by Appellees Worthington Cylinder Corporation and Worthington Industries, Incorporated in 19-1265 to Appellees' Worthington Cylinder Corporation and Worthington Industries, Inc.'s Response to Appellant's Jurisdictional Memorandum. [6][6985420] [19-1240, 19-1265] (Ozog, James) [Entered: 02/19/2019 02:16 PM]

#11

(#5) Motion filed by Appellant Kurtis M. Bailey in 19-1265, 19-1240 consolidate with 19-1240 and waiver of fees on this second duplicate appeal. [5] [6985082] [19-1265, 19-1240] (Shalaby, Andrew) [Entered: 02/15/2019 06:44 PM]

#4

(#4) ORDER: Motion to Dismiss and Transfer Amended Notice of Appeal to 19-1240" filed by appellant on February 13, 2019. The motion is DENIED.If appellant wishes to dismiss this appeal, he may do so. If appellant instead wishes to consolidate this new appeal with the previous appeal, he should file a separate motion to do so; but appellant also must respond to the courts order of February 13, 2019, explaining why this appeal should not be dismissed as duplicative of 19-1240.[ # 3 ] DW [4] [6984892] [19-1265] (FP) [Entered: 02/15/2019 01:06 PM]

#3

(#3) Motion filed by Appellant Kurtis M. Bailey to dismiss case. [3] [6984282] [19-1265] (Shalaby, Andrew) [Entered: 02/13/2019 03:13 PM]

#2

(#2) ORDER: Appellant Kurtis M. Bailey shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. Briefing is SUSPENDED pending further court order. (See order for further details) [6984233] Jurisdictional memorandum due for Appellant Kurtis M. Bailey by 02/22/2019. DW [2] [6984233] [19-1265] (AD) [Entered: 02/13/2019 01:40 PM]

12 More Documents Available

 

Docket Entries

  • 04/02/2019
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  • (#18) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James W. Ozog for Appellees Worthington Cylinder Corporation and Worthington Industries, Incorporated. [18] [6994909] (L-Yes; E-Yes; R-No) [19-1265] (Ozog, James) [Entered: 04/02/2019 03:28 PM]

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  • 04/02/2019
  • (#17) NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Jason Granskog for Appellees Worthington Industries, Incorporated and Worthington Cylinder Corporation in 19-1240, 19-1265 has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [17] [6994814] [19-1240, 19-1265] (LJ) [Entered: 04/02/2019 02:04 PM]

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  • 04/01/2019
  • (#16) NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney David W. Chen for Appellant Kurtis M. Bailey has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [16] [6994582] [19-1265] (LJ) [Entered: 04/01/2019 03:53 PM]

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  • 03/11/2019
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  • (#15) Filed notice from the District Court that the $505 appeal docketing fee was received. [15] [6990053] [19-1265] (CCG) [Entered: 03/11/2019 04:06 PM]

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  • 03/11/2019
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  • (#14) Docketing Statement filed by Appellants Andrew W. Shalaby and Kurtis M. Bailey. Prior or Related proceedings: Yes. 19-1240, Bailey v. Worthington; 18-1399, Bailey v. Worthington [14] [6990021] [19-1265] (Shalaby, Andrew) [Entered: 03/11/2019 03:31 PM]

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  • 03/11/2019
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  • (#13) ORDER: In the present case, appellants Circuit Rule 3(c) docketing statement fails to set forth the date on which the notice of appeal was filed. This information must be provided. The appellant shall file a complete statement of jurisdiction that includes the date the notice of appeal was filed. The statement is due on or before March 18, 2019. DW [13] [6989943] [19-1265] (FP) [Entered: 03/11/2019 12:45 PM]

    Read MoreRead Less
  • 03/11/2019
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  • (#12) ORDER:This matter comes before the court on consideration of the Response to Order re Duplicative Appeals (19-1265 Duplicative to 19-1240) filed on February 20, 2019. That filing makes clear that the amended notice of appeal added a new, second appellant Andrew W. Shalaby. This appeal, therefore, is not duplicative of the earlier filed appeal (19-1240). Accordingly, IS ORDERED that appellant Andrew W. Shalaby pay, on or before March 25, 2019, the required appellate filing and docketing fees. Failure to do so may result in the dismissal of attorney Shalabys appeal (19-1265). DW [12] [6989940] [19-1265] (AP) [Entered: 03/11/2019 12:40 PM]

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  • 03/08/2019
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  • (#11) Motion filed by Appellant Kurtis M. Bailey in 19-1240, 19-1265 to file supplement to Appellant's Jurisdictional Memorandum. [11] [6989796] [19-1240, 19-1265] (Shalaby, Andrew) [Entered: 03/08/2019 05:10 PM]

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  • 03/08/2019
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  • (#10) Docketing Statement filed by Appellant Kurtis M. Bailey. Prior or Related proceedings: Yes. 19-1240, which is the same as this appeal: an amended NOA inadvertently triggered opening of this appeal; 18-1399 was related and voluntarily dismissed. [10] [6989637] [19-1265] (Shalaby, Andrew) [Entered: 03/08/2019 11:57 AM]

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  • 03/07/2019
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  • (#9) ORDER: Appellant Kurtis M. Bailey is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant Kurtis M. Bailey by 03/21/2019. JR [9] [6989486] [19-1265] (MM) [Entered: 03/07/2019 04:34 PM]

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  • 02/20/2019
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  • (#8) Filed Response by Appellant Kurtis M. Bailey in 19-1265, 19-1240 Attorney Andrew W. Shalaby, on behalf of Appellant and on behalf of Andrew W. Shalaby to order issued February 20, 2019 re whether appeal 19-1265 is duplicative of 19-1240 (OSC why 19-1265 should not be dismissed as duplicative of 19-1240). [8][6985804] [19-1265, 19-1240] (Shalaby, Andrew) [Entered: 02/20/2019 01:12 PM]

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  • 02/20/2019
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  • (#7) ORDER re: "Motion to Consolidate Appeals and Waiver of Fees on Appeal 19-1265", filed by appellant on February 15, 2019. The motion will not be ruled on at this time. As the court explained in its order of February 15, 2019, the court first will determine whether this appeal is duplicative of 19-1240. As to this matter, counsel for appellant is reminded to respond to the courts order of February 13, 2019, regarding the necessity of this appeal. Counsels response is due no later than February 22, 2019. DW [7] [6985774] [19-1265] (PS) [Entered: 02/20/2019 12:05 PM]

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  • 02/19/2019
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  • (#6) Filed Response by Appellees Worthington Cylinder Corporation and Worthington Industries, Incorporated in 19-1265 to Appellees' Worthington Cylinder Corporation and Worthington Industries, Inc.'s Response to Appellant's Jurisdictional Memorandum. [6][6985420] [19-1240, 19-1265] (Ozog, James) [Entered: 02/19/2019 02:16 PM]

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  • 02/15/2019
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  • (#5) Motion filed by Appellant Kurtis M. Bailey in 19-1265, 19-1240 consolidate with 19-1240 and waiver of fees on this second duplicate appeal. [5] [6985082] [19-1265, 19-1240] (Shalaby, Andrew) [Entered: 02/15/2019 06:44 PM]

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  • 02/15/2019
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  • (#4) ORDER: Motion to Dismiss and Transfer Amended Notice of Appeal to 19-1240" filed by appellant on February 13, 2019. The motion is DENIED.If appellant wishes to dismiss this appeal, he may do so. If appellant instead wishes to consolidate this new appeal with the previous appeal, he should file a separate motion to do so; but appellant also must respond to the courts order of February 13, 2019, explaining why this appeal should not be dismissed as duplicative of 19-1240.[ # 3 ] DW [4] [6984892] [19-1265] (FP) [Entered: 02/15/2019 01:06 PM]

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  • 02/13/2019
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  • (#3) Motion filed by Appellant Kurtis M. Bailey to dismiss case. [3] [6984282] [19-1265] (Shalaby, Andrew) [Entered: 02/13/2019 03:13 PM]

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  • 02/13/2019
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  • (#2) ORDER: Appellant Kurtis M. Bailey shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. Briefing is SUSPENDED pending further court order. (See order for further details) [6984233] Jurisdictional memorandum due for Appellant Kurtis M. Bailey by 02/22/2019. DW [2] [6984233] [19-1265] (AD) [Entered: 02/13/2019 01:40 PM]

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  • 02/12/2019
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  • (#1) Private civil case docketed. Fee due. Transcript information sheet due by 02/26/2019. Docketing Statement due for Appellant Kurtis M. Bailey by 02/19/2019. Fee or IFP forms due on 02/26/2019 for Appellant Kurtis M. Bailey. [1] [6984138] [19-1265] (FP) [Entered: 02/13/2019 09:57 AM]

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