United States Seventh Circuit

In a trademark dispute, default judgment against plaintiff on a counterclaim and dismissal of his appeal for failure to prosecute is affirmed where: 1) the arguments made in plaintiff's Rule 60(b) motion could have been addressed by the court of appeals in the underlying appeal that was dismissed for failure to prosecute; 2) the district court's one line order denying his motion did not violate Circuit Rule 50 since the court's reasoning was clear from the record and a brief statement; and 3) plaintiff's appeal of a determination that he was a vexatious litigant was not a proper issue in the present appeal as the court's decision on the underlying merits was not before the appeals court.

Appellate Information

• Decided 05/29/2008
• Published 05/29/2008

Judges

• WOOD, Circuit Judge., Before RIPPLE, MANION, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Leo D. Stoller, Oak Park, IL, pro se.


• For Appellees:
  
• Timothy C. Meece, Banner & Witcoff, Chicago, IL, Lance G. Johnson, Roylance, Abrams, Berdo & Goodman, Washington, DC, for Plaintiffs-Appellees.