`
`UNITED STATES COURT OF APPEALS
`FOR THE 7TH CIRCUIT
`Chicago, IL 60604
`
`No. 24-3337
`
`ARMANDO BERMUDEZ, ET AL
`Plaintiffs-Appellants,
`,
`
`v.
`
`
`THE CHEFS’ WAREHOUSE MIDWEST, LLC,
`Defendants-Appellees.
`
`
`Appeal from the United States District
`Court for the Northern District of
`Illinois, Eastern Division
`
`No. 1:23−cv−03337
`
`
`Sunil R. Harjani
`Judge.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`SEVENTH CIRCUIT RULE 3(c) AMENDED DOCKETING STATEMENT
`OF PLAINTIFFS’ ARMANDO BERMUDEZ, FERNANDO PAZ,
`ANDRES S. IRIZARRY, JESSE SOTO and JOAQUIN LOPEZ
`
`
`
`Plaintiffs, Armando Bermudez, Fernando Paz, Andres S. Arizarry, Jesse Soto and
`
`Joaquin Lopez, by their undersigned counsel, respectfully submits this Docketing Statement
`
`pursuant to Circuit Rule 3(c)(1) of the United States Court of Appeals for the Seventh Circuit.
`
`I.
`
`DISTRICT COURT JURISDICTION
`
`The United States District Court for the Northern District of Illinois, Eastern Division,
`
`(“District Court”) has jurisdiction over the subject matter of this action pursuant to diversity
`
`jurisdiction 28 U.S.C. §1332(a). Plaintiff Armando Bermudez, Fernando Paz, Andres S.
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`Arizarry, Jesse Soto and Joaquin Lopez are natural persons domiciled in the State of Illinois
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`and are therefore citizens of Illinois. Defendant, The Chefs’ Warehouse Midwest, LLC,
`
`A/K/A The Chefs’ Warehouse Mid-West, LLC, is a corporation incorporated under the laws
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`of the State of Delaware with its principal place of business in the State of California, making
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`it a citizen of Delaware and California for purposes of diversity jurisdiction. Additionally,
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`District Court has jurisdiction under the Class Action Fairness Act, 28 U.S.C. § 1332(d),
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`because Plaintiffs and Defendant are citizens of different states, there are sufficient Class
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`Members to satisfy the numerosity requirements of F.R.C.P. 23, and the amount in
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`
`
`Case: 24-3337 Document: 5 Filed: 01/08/2025 Pages: 4
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`controversy is over $75,000, for the claims brought under the Illinois Biometric Information
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`Privacy Act., 740 Ill. Comp. Stat. Ann. 14/1, et seq. (“BIPA”).
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`II. COURT OF APPEALS JURISDICTION
`
`Jurisdiction over this appeal is conferred upon the United States Court of Appeals for
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`the Seventh Circuit pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 1294. The final Judgment
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`was entered by the District Court on November 21, 2024. Plaintiffs’ Notice of Appeal was
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`timely filed with the District Court on December 19, 2024.
`
`III. THIS IS AN APPEAL OF AN IMMEDIATELY APPEALABLE
`FINAL JUDGMENT
`
`As noted above, a final appealable judgment was entered by the District Court on
`
`November 21, 2024. This is a civil appeal as a matter of right pursuant to Federal Rule of
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`Appellate Procedure 3(a) and Circuit Rule 3(a).
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`IV. PRIOR OR RELATED APPELLATE PROCEEDINGS.
`
`There have been no prior or related appellate proceedings in this case.
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`V. ADDITIONAL REQUIREMENTS OF CIRCUIT RULE 3(c)(1).
`
`This is a civil case that does not involve any criminal convictions. 28 U.S.C. § 1915(g)
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`is inapplicable.
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`None of the Parties to the litigation appear in an official capacity.
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`This case does not involve a collateral attack on a criminal conviction.
`
`
`Respectfully submitted this 8 day of January, 2025
`
`
`
`
`Respectfully submitted,
`
`Electronically Filed 01/08/2025
`
`
`___________________________
`Shounak Sanjeev Dharap
`
`
`
`2
`
`
`
`Case: 24-3337 Document: 5 Filed: 01/08/2025 Pages: 4
`
`
`Katherine A. Rabago
`Arns Davis Law
`515 Folsom St
`Third Floor
`San Francisco, CA 94105
`
`John William Billhorn
`BILLHORN LAW FIRM
`53 W. Jackson Blvd., Suite 1137
`Chicago, IL 60604
`(312) 853-1450
`
`Attorneys for Plaintiffs and those similarly
`situated
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`TO: Michele J. Beilke mbeilke@seyfarth.com
`
`Julia Y. Trankiem jtrankiem@seyfarth.com
`Galit A. Knotz gknotz@seyfarth.com
`SEYFARTH SHAW LLP
`601 South Figueroa Street, Suite 3300
`Los Angeles, California 90017-5793
`
`Paul J. Yovanic Jr. pyovanic@seyfarth.com
`SEYFARTH SHAW LLP
`233 South Wacker Drive, Suite 8000
`Chicago, Illinois 60606-6448
`
`
`
`The undersigned, hereby certifies that on January 8, 2025, he caused to be served upon
`the attorneys of record above, Plaintiffs’ Amended Docketing Statement, by electronic service
`from courts ECF system or as otherwise directed.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Electronically Served 01/08/2025
`
`
`___________________________
`Shounak Sanjeev Dharap
`
`Katherine A. Rabago
`Arns Davis Law
`515 Folsom St
`Third Floor
`San Francisco, CA 94105
`
`John William Billhorn
`
`
`
`3
`
`
`
`Case: 24-3337 Document: 5 Filed: 01/08/2025 Pages: 4
`
`BILLHORN LAW FIRM
`53 W. Jackson Blvd., Suite 1137
`Chicago, IL 60604
`(312) 853-1450
`
`Attorneys for Plaintiffs and those similarly
`situated
`
`
`
`
`
`4
`
`
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