USA v. Thomas Vivirito

22-2167 | U.S. Court of Appeals, Seventh Circuit

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Filed July 5, 2022
Terminated April 13, 2023
Original Case 1:19-cr-00728
Last Updated: 1 year, 7 months ago Show Interactive Timeline
Filing Date # Docket Text
6/6/2023Original record returned to the District Court. Entire record returned consisting of 1 envelope of sealed exhibits. [50] [7315334] [22-2167] (GW) [Entered: 06/06/2023 02:54 PM]
6/5/2023FOR COURT USE ONLY: Certified copy of 04/13/2023 Opinion, Final Judgment, and Rehearing Denial Order with Mandate sent to the District Court Clerk. [7314846-2] [7314846] [22-2167] (DAB) [Entered: 06/05/2023 10:34 AM]
6/2/2023Mandate issued.. Record to be returned later 1 envelope of sealed exhibits [49] [7314843] [22-2167] (DAB) [Entered: 06/05/2023 10:20 AM]
5/26/2023
  • Motion for RehearingDenied
ORDER: Appellant Thomas Vivirito Petition for Rehearing and Petition for Rehearing Enbanc is DENIED. [48] [7313372] [22-2167] (ER) [Entered: 05/26/2023 12:15 PM]
5/12/202347Paper copies of rehearing enbanc brief filed by Appellant Thomas Vivirito. DIST. [47] [7310133] [22-2167] (MLM) [Entered: 05/12/2023 01:50 PM]
5/11/2023Filed Petition for Rehearing and Petition for Rehearing Enbanc by Appellant Thomas Vivirito. Paper copies due on 05/15/2023 [46] [7309991] [22-2167] (SK) [Entered: 05/12/2023 08:28 AM]
5/11/2023Submitted petition for rehearing enbanc by Jodi Garvey for Appellant Thomas Vivirito. [45] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7309981] [22-2167] (Garvey, Jodi) [Entered: 05/11/2023 06:15 PM]
4/24/2023ORDER issued GRANTING IN PART Motion for an Extension of Time to File Petition for Rehearing En Banc only to the extent that appellant’s petition for rehearing, if any, is due on or before May 11, 2023. [43] JPK [44] [7305710] [22-2167] (AD) [Entered: 04/24/2023 12:51 PM]
4/21/2023
  • Motion
Motion filed by Appellant Thomas Vivirito to extend time to file petition for rehearing en banc [43] [7305471] [22-2167]--[Edited 04/21/2023 by MAN to reflect correct document title] (Garvey, Jodi) [Entered: 04/21/2023 02:10 PM]
4/13/2023
  • Order
ORDER: Final judgment filed per opinion. With costs: no. [42] [7303571] [22-2167] (AD) [Entered: 04/13/2023 10:23 AM]
4/13/2023Filed opinion of the court by Judge Easterbrook. AFFIRMED. Frank H. Easterbrook, Circuit Judge; Diane P. Wood, Circuit Judge and Amy J. St. Eve, Circuit Judge. [41] [7303567] [22-2167] (AD) [Entered: 04/13/2023 10:17 AM]
2/28/202340Case argued by Ms. Kelsey Hipp Killion for Appellant Thomas Vivirito and Ms. Elham M. Peirson for Appellee USA. [40] [7294201] [22-2167] (MLM) [Entered: 02/28/2023 01:12 PM]
2/28/202339Case heard and taken under advisement by panel: Frank H. Easterbrook, Circuit Judge; Diane P. Wood, Circuit Judge and Amy J. St. Eve, Circuit Judge. [39] [7294199] [22-2167] (MLM) [Entered: 02/28/2023 01:10 PM]
2/22/202338Received argument confirmation per argument email form for Attorney Ms. Elham M. Peirson for Appellee USA. [38] [7292690] [22-2167] (LCP) [Entered: 02/22/2023 09:34 AM]
2/21/202337Received argument confirmation per argument email form for Attorney Ms. Kelsey Hipp Killion for Appellant Thomas Vivirito. [37] [7292376] [22-2167] (LCP) [Entered: 02/21/2023 09:02 AM]
2/10/202336Paper copies of appellant reply brief filed by Appellant Thomas Vivirito. DIST. [36] [7290586] [22-2167] (MLM) [Entered: 02/10/2023 02:46 PM]
2/10/2023Appellant's reply brief filed by Appellant Thomas Vivirito. Paper copies due on 02/17/2023. Electronically Transmitted. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [35] [7290574] [22-2167] (CAG) [Entered: 02/10/2023 02:34 PM]
2/10/2023Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kelsey H. Killion for Appellant Thomas Vivirito. [34] [7290565] (L-No; E-Yes; R-No) [22-2167] [Edited 02/10/2023 by CG to reflect the addition of counsel.] (Killion, Kelsey) [Entered: 02/10/2023 02:21 PM]
2/10/2023Submitted appellant reply brief by Jodi Garvey for Appellant Thomas Vivirito. [33] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7290562] [22-2167] (Garvey, Jodi) [Entered: 02/10/2023 02:13 PM]
1/25/2023
  • Motion to Extend Time to File ReplyGranted
Order issued GRANTING motion to extend time to file appellant's reply brief. [30] Appellant's reply brief, if any, is due on or before 02/10/2023 for Appellant Thomas Vivirito. Because this appeal has been scheduled for oral argument on February 28, 2023, both the electronic filing and the paper copies of the appellant’s reply brief must be received on its due date. CDH [32] [7287091] [22-2167] (HTP) [Entered: 01/25/2023 01:10 PM]
1/25/2023Argument set for Tuesday, February 28, 2023, at 9:30 a.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Each side limited to 10 minutes. [31] [7287001] [22-2167] (SK) [Entered: 01/25/2023 10:12 AM]
1/20/2023
  • Motion to Extend Time to File Reply
Motion filed by Appellant Thomas Vivirito to extend time to file appellant reply brief. [30] [7286060] [22-2167] (Garvey, Jodi) [Entered: 01/20/2023 11:00 AM]
1/12/2023
  • Motion to SealGranted
ORDER re: Government's motion to seal exhibit, filed on 1/11/2023. The motion is GRANTED. The clerk of this court shall maintain Government Exhibit Q under seal. [27] JPK [29] [7284551] [22-2167] (FP) [Entered: 01/12/2023 02:36 PM]
1/11/2023Supplemental paper record on appeal filed. Contents of record : one sealed exhibit. [28] [7284088] [22-2167] (KRA) [Entered: 01/11/2023 11:22 AM]
1/11/2023
  • Motion to Seal
Motion by Appellee USA to seal Exhibit. [27] NOTE: Access to this entry is limited to counsel of record. [7284047] [22-2167] (Peirson, Elham) [Entered: 01/11/2023 10:13 AM]
1/9/202326Paper copies of appellee brief and appendix filed by Appellee USA. [26] [7283374] [22-2167] (MLM) [Entered: 01/09/2023 09:52 AM]
1/6/2023NOTICE: Attorney Ms. Elham M. Peirson for Appellee USA will not be available for oral argument February 9, 2023, March 27-31, 2023 and May 15-26, 2023. [25] [7283307] [22-2167] (Peirson, Elham) [Entered: 01/06/2023 04:27 PM]
1/6/2023Filed Appendix by Appellee USA. [24] [7283290] Paper copies due on 01/13/2023 [22-2167] (LCP) [Entered: 01/06/2023 04:03 PM]
1/6/2023Appellee's brief filed by Appellee USA. Paper copies due on 01/13/2023. Electronically Transmitted. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [23] [7283289] [22-2167] (LCP) [Entered: 01/06/2023 04:03 PM]
1/6/2023Submitted Appendix by Elham M. Peirson, AUSA for Appellee USA. [22] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7283282] [22-2167] (Peirson, Elham) [Entered: 01/06/2023 03:43 PM]
1/6/2023Re-Submitted appellee brief by Elham M. Peirson, AUSA for Appellee USA. [21] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7283280] [22-2167] (Peirson, Elham) [Entered: 01/06/2023 03:40 PM]
1/6/2023Brief deficiency letter sent to Appellee USA. [20] [7283264] [22-2167] (LCP) [Entered: 01/06/2023 02:55 PM]
1/6/2023Submitted appellee brief by Elham M. Peirson, AUSA for Appellee USA. [19] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7283247] [22-2167] (Peirson, Elham) [Entered: 01/06/2023 02:24 PM]
11/30/2022
  • Motion to Extend Time to File BriefGranted
Order issued GRANTING unopposed motion to extend time to file appellee's brief. [17] Appellee's brief due on or before 01/06/2023 for United States of America. Appellant's reply brief, if any, is due on or before 01/27/2023 for Appellant Thomas Vivirito. CDH [18] [7276158] [22-2167] (ER) [Entered: 11/30/2022 02:19 PM]
11/29/2022
  • Motion
Motion filed by Appellee USA to extend time to file appellee brief. [17] [7275872] [22-2167] (Peirson, Elham) [Entered: 11/29/2022 03:16 PM]
11/14/202216Paper copies of appellant brief filed by Appellant Thomas Vivirito. [16] [7273048] [22-2167] (KRA) [Entered: 11/14/2022 11:44 AM]
11/14/2022NOTICE: Attorney Ms. Elham M. Peirson for Appellee USA will not be available for oral argument January 17- 25, 2023, February 9, 2023, March 27-31, 2023,. [15] [7272922] [22-2167] (Peirson, Elham) [Entered: 11/14/2022 07:52 AM]
11/9/2022Terminated Attorney Ashley Chung and added Attorney Elham M. Peirson for Appellee USA in case 22-2167, pursuant to email notification from the Office of the U.S. Attorney regarding counsel of record. [7272566-2] [7272566] [22-2167] (JR) [Entered: 11/09/2022 04:43 PM]
11/7/2022Appellant's brief filed by Appellant Thomas Vivirito. Paper copies due on 11/14/2022. Electronically Transmitted. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [14] [7271752] [22-2167] (LCP) [Entered: 11/07/2022 02:17 PM]
11/7/2022Submitted appellant brief by Jodi L Garvey for Appellant Thomas Vivirito. [13] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7271746] [22-2167] (Garvey, Jodi) [Entered: 11/07/2022 01:41 PM]
10/24/2022
  • Motion to Extend Time to File BriefGranted
ORDER issued GRANTING motion to extend time to file appellant's brief. [11] Appellant's brief due on or before 11/07/2022 for Thomas Vivirito. Appellee's brief due on or before 12/07/2022 for United States of America. Appellant's reply brief, if any, is due on or before 12/28/2022 for Appellant Thomas Vivirito. CDH [12] [7268405] [22-2167] (CG) [Entered: 10/24/2022 02:14 PM]
10/23/2022
  • Motion
Emergency motion filed by Appellant Thomas Vivirito to extend time to file appellant brief. [11] [7268244] [22-2167] (Blegen, Patrick) [Entered: 10/23/2022 01:17 PM]
9/12/2022
  • Motion to Extend Time to File BriefGranted
Order issued GRANTING motion to extend time to file appellant's brief. [9] Appellant's brief due on or before 10/24/2022 for Thomas Vivirito. Appellee's brief due on or before 11/23/2022 for United States of America. Appellant's reply brief, if any, is due on or before 12/14/2022 for Appellant Thomas Vivirito. CDH [10] [7259863] [22-2167] (HTP) [Entered: 09/12/2022 02:21 PM]
9/12/2022
  • Motion to Extend Time to File Brief
Motion filed by Appellant Thomas Vivirito to extend time to file appellant brief. [9] [7259736] [22-2167] (Garvey, Jodi) [Entered: 09/12/2022 09:10 AM]
8/8/2022
  • Motion to Extend Time to File BriefGranted
Order issued GRANTING motion to extend time to file appellant's brief. [7] Appellant's brief due on or before 09/19/2022 for Thomas Vivirito. Appellee's brief due on or before 10/19/2022 for United States of America. Appellant's reply brief, if any, is due on or before 11/09/2022 for Appellant Thomas Vivirito. CDH [8] [7253247] [22-2167] (MM) [Entered: 08/08/2022 03:20 PM]
8/8/2022
  • Motion to Extend Time to File Brief
Motion filed by Appellant Thomas Vivirito to extend time to file appellant brief. [7] [7253073] [22-2167] (Garvey, Jodi) [Entered: 08/08/2022 10:12 AM]
7/20/2022Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jodi Garvey for Appellant Thomas Vivirito. [6] [7249444] (L-No; E-Yes; R-No) [22-2167] -[Edited 07/20/2022 by ER - added Attorney Jodi L. Garvey] (Garvey, Jodi) [Entered: 07/20/2022 12:03 PM]
7/20/2022Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Patrick Blegen for Appellant Thomas Vivirito. [5] [7249442] (L-Yes; E-Yes; R-No) [22-2167] (Blegen, Patrick) [Entered: 07/20/2022 11:55 AM]
7/19/2022Filed Seventh Circuit Transcript Information Sheet by Appellant Thomas Vivirito. [4] [7249253] [22-2167] (Blegen, Patrick) [Entered: 07/19/2022 03:45 PM]
7/6/2022Statement of Jurisdiction filed by Appellant Thomas Vivirito. Prior or Related proceedings: No. [3] [7246215] [22-2167] (Blegen, Patrick) [Entered: 07/06/2022 10:01 AM]
7/5/2022
  • Order
ORDER: In the present case, appellant's Circuit Rule 3(c) docketing statement fails to set forth the date on which he filed his notice of appeal. This information must be provided. It is insufficient to state that it was filed “within fourteen days of the entry of the judgment.” Accordingly, defendant-appellant Thomas Vivirito file a complete statement of jurisdiction that includes the date that he filed his notice of appeal. The statement is due on or before July 13, 2022. (See order for further details) DW [2] [7246167] [22-2167]] (FP) [Entered: 07/05/2022 06:00 PM]
7/5/2022Criminal case docketed. Fee paid. Docketing statement filed. Appellant's brief due on or before 08/15/2022 for Thomas Vivirito. Transcript information sheet due by 07/19/2022. [1] [7246001] [22-2167] (HTP) [Entered: 07/05/2022 12:25 PM]