United States Seventh Circuit

On a motion to reconsider dismissal of plaintiff's appeal for failure to prosecute, the circuit court gives appellant's counsel the choice of paying a $5,000 sanction, half to the clerk of the court and half to appellees in order to reinstate the appeal, or having the motion denied, where: 1) more than 17 months had passed between the notice of appeal and the final due date for the opening brief, including extensions; 2) appellees informed appellant that they would not agree to any further delay and no additional negotiations took place a month before the final deadline; and 3) financial sanctions were appropriate since the injury was financial.

Appellate Information

• Decided 06/06/2008
• Published 06/06/2008

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and CUDAHY and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Dana L. Kurtz, Lockport, IL, for Plaintiff-Appellant.


• For Appellees:
  
• George S. Spataro, Giglio & Del Galdo, Westchester, IL, Keith L. Hunt, Hunt & Associates, Chicago, IL, for Defendants-Appellees.