525 F. App'x 458
7th Cir.2013Background
- Onyango sues Downtown Entertainment under 42 U.S.C. § 1981 for racial discrimination and supplemental state-law claims.
- He alleges Lampe shoved him and used a racial epithet; security removed Onyango but not Lampe.
- Onyango was charged $20 to enter a Chicago nightclub; he claims injuries and loss of networking opportunities.
- He amended the complaint five times; the latest includes an injunctive-relief “Count Six.”
- The district court struck Count Six for lack of sufficient detail; Onyango appealed in two interlocutory appeals (Nos. 12-3752 and 13-1083).
- The Seventh Circuit dismissed both appeals for lack of subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the minute order striking Count Six is appealable | Onyango argues the order forecloses injunctive relief and is appealable. | Downtown contends the order is not a final, appealable order. | No appellate jurisdiction over the minute order. |
| Whether the district court's ruling permits an interlocutory appeal | Onyango seeks review of injunctive-relief denial as a remedy. | The denial does not conclusively determine the merits or remedy; no finality. | Interlocutory appeal jurisdiction lacking; not definitively denied injunctive relief. |
| Whether the district court’s denial of amendment to add claims constitutes an appealable order | Onyango sought to amend; denial should permit review. | Denial of amendment is not a final, appealable order. | No jurisdiction for case No. 13-1083; not within exceptions. |
Key Cases Cited
- Albert v. Trans Union Corp., 346 F.3d 734 (7th Cir. 2003) (interlocutory appeal of injunctive-relief denial is narrow exception)
- Simon Prop. Grp., L.P. v. my-SIMON, Inc., 282 F.3d 986 (7th Cir. 2002) (definitive district-court decision required for appeal)
- Parks v. Pavkovic, 753 F.2d 1397 (7th Cir. 1985) (narrow exception applies when district court’s decision is definitive)
- Gen. Ins. Co. of Am. v. Clark Mall Corp., 644 F.3d 375 (7th Cir. 2011) (interlocutory appeal principles; nonfinal decisions rule)
- Kerr-McGee Chem. Corp. v. Lefton Iron & Metal Co., 570 F.3d 856 (7th Cir. 2009) (interlocutory appeal standards in Seventh Circuit)
- Sherwood v. Marquette Transp. Co., 587 F.3d 841 (7th Cir. 2009) (remedies as separate from underlying claims)
- LaSalle Nat’l Bank v. Metro. Life Ins. Co., 18 F.3d 1371 (7th Cir. 1994) (injunctive relief as remedy separate from claim)