838 F.2d 962 (7th Cir. 1988), 87-2077, Bieneman v. City of Chicago

Docket Nº:87-2077.
Citation:838 F.2d 962
Party Name:Lawrence C. BIENEMAN, on his own behalf and on behalf of all persons similarly situated, Plaintiff-Appellant, v. CITY OF CHICAGO, et al., Defendants-Appellees.
Case Date:February 03, 1988
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

Page 962

838 F.2d 962 (7th Cir. 1988)

Lawrence C. BIENEMAN, on his own behalf and on behalf of all

persons similarly situated, Plaintiff-Appellant,

v.

CITY OF CHICAGO, et al., Defendants-Appellees.

No. 87-2077.

United States Court of Appeals, Seventh Circuit

February 3, 1988

Argued Jan. 6, 1988.

Joseph V. Karaganis, Karaganis & White, Ltd., Chicago, Ill., for plaintiff-appellant.

Jeremiah Marsh, Hopkins & Sutter, Chicago, Ill., for defendants-appellees.

Before POSNER, COFFEY, and EASTERBROOK, Circuit Judges.

PER CURIAM.

Lawrence Bieneman filed this case on behalf of a class of other people similarly affected by noise from O'Hare Airport. Fed.R.Civ.P. 23(c)(1) requires a district court to decide "[a]s soon as practicable after the commencement of [the] action" whether it may be maintained on behalf of

Page 963

a class. Some three years went by, and the district judge was ready to rule on the merits. He dealt with the class aspect of the complaint this way, 662 F.Supp. 1297, 1298 n. 1 (N.D.Ill.1987):

[N]o party [to this case or a companion suit] has sought a determination of whether it is appropriate to maintain these cases as class actions. It appears likely from the face of the complaints that class action status is appropriate, but the court declines to make such a determination without the participation of counsel. Presumably some party will raise the issue in the near future. Since the status of these cases as class actions is irrelevant to the motions before the court today, the court proceeds to address the merits of those motions.

The motions at hand were filed under Rule 12(b)(6), seeking dismissal for failure to state a claim on which relief may be granted. The court granted the motions, and the clerk inserted this language in the printed form used for final judgments:

IT IS ORDERED AND ADJUDGED that Counts I, II, IV, V, VI, VII, and VIII are dismissed Count III is also dismissed.

Bieneman immediately filed a notice of appeal, which we must dismiss for want of jurisdiction.

An order dismissing a "complaint" as opposed to a "case" ordinarily is not a final judgment, Benjamin v. United States, 833 F.2d 669 (7th Cir.1987), because the plaintiff may file an amended complaint. The theories on which the district court dismissed Bieneman's complaint preclude amendment, but the court's remarks show that it nonetheless believes there is more to do. It must decide whether to certify the case as a class action--no small matter, because this determines whether the judgment governs everyone who lives near O'Hare Airport or only Mr. Bieneman. A document identifying a defect in the complaint, without stating who is bound by the decision, is not a final judgment. Glidden v. Chromalloy American Corp., 808 F.2d 621 (7th Cir.1986).

Glidden is strikingly similar to our case. The district court in Glidden granted judgment for defendants while reserving decision on the request to certify a class. The judge indicated that he would turn to this subject after the completion of the appeal on the merits. This reservation, we concluded, meant that the case was not over...

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  • 428 B.R. 804 (Bkrtcy.N.D.Ind. 2010), 08-24099 JPK, In re Young
    • United States
    • Federal Cases United States Bankruptcy Courts Seventh Circuit
    • January 21, 2010
    ...does not end the litigation. Coniston Corp. v. Village of Hoffman Estates, 844 F.2d 461, 463 (7th Cir.1988); Bieneman v. City of Chicago, 838 F.2d 962, 963 (7th Cir.1988); Benjamin, 833 F.2d at 671; Car Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101, 1111 (7th Cir.1984), cert. denied, 470 ......
  • 122 F.R.D. 522 (N.D.Ill. 1988), 88 C 0476, Harman v. LyphoMed, Inc.
    • United States
    • Federal Cases United States District Courts 7th Circuit Northern District of Illinois
    • October 12, 1988
    ...early stage in the litigation and that defendants have not completed discovery. See Fed.R.Civ.P. 23(c)(1); Bieneman v. City of Chicago, 838 F.2d 962, 964 (7th Cir.1988) (per curiam) (decision on class certification should come " as soon as practicable" after commencement of the ac......
  • 245 F.R.D. 317 (E.D.Tenn. 2007), 1:03-CV-1000, In re UnumProvident Corp. ERISA Benefits Denial Actions
    • United States
    • Federal Cases United States District Courts 6th Circuit Eastern District of Tennessee
    • September 4, 2007
    ...a subsequent judgment to be binding on all the plaintiffs rather than on the named class representatives); Bieneman v. City of Chicago, 838 F.2d 962, 964 (7th Cir.1988) (stating another reason for early certification is to identify the stakes of the case so that parties may choose their lit......
  • In re Rogan, 093009 INNBC, 08-23221 JPK
    • United States
    • Federal Cases United States Bankruptcy Courts Seventh Circuit
    • September 30, 2009
    ...does not end the litigation. Coniston Corp. v. Village of Hoffman Estates, 844 F.2d 461, 463 (7thCir.1988); Bieneman v. City of Chicago, 838 F.2d 962, 963 (7thCir.1988); Benjamin, 833 F.2d at 671; Car Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101, 1111 (7th Cir.1984), cert. denied, 470 U.......
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70 cases
  • 428 B.R. 804 (Bkrtcy.N.D.Ind. 2010), 08-24099 JPK, In re Young
    • United States
    • Federal Cases United States Bankruptcy Courts Seventh Circuit
    • January 21, 2010
    ...does not end the litigation. Coniston Corp. v. Village of Hoffman Estates, 844 F.2d 461, 463 (7th Cir.1988); Bieneman v. City of Chicago, 838 F.2d 962, 963 (7th Cir.1988); Benjamin, 833 F.2d at 671; Car Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101, 1111 (7th Cir.1984), cert. denied, 470 ......
  • 122 F.R.D. 522 (N.D.Ill. 1988), 88 C 0476, Harman v. LyphoMed, Inc.
    • United States
    • Federal Cases United States District Courts 7th Circuit Northern District of Illinois
    • October 12, 1988
    ...early stage in the litigation and that defendants have not completed discovery. See Fed.R.Civ.P. 23(c)(1); Bieneman v. City of Chicago, 838 F.2d 962, 964 (7th Cir.1988) (per curiam) (decision on class certification should come " as soon as practicable" after commencement of the ac......
  • 245 F.R.D. 317 (E.D.Tenn. 2007), 1:03-CV-1000, In re UnumProvident Corp. ERISA Benefits Denial Actions
    • United States
    • Federal Cases United States District Courts 6th Circuit Eastern District of Tennessee
    • September 4, 2007
    ...a subsequent judgment to be binding on all the plaintiffs rather than on the named class representatives); Bieneman v. City of Chicago, 838 F.2d 962, 964 (7th Cir.1988) (stating another reason for early certification is to identify the stakes of the case so that parties may choose their lit......
  • In re Rogan, 093009 INNBC, 08-23221 JPK
    • United States
    • Federal Cases United States Bankruptcy Courts Seventh Circuit
    • September 30, 2009
    ...does not end the litigation. Coniston Corp. v. Village of Hoffman Estates, 844 F.2d 461, 463 (7thCir.1988); Bieneman v. City of Chicago, 838 F.2d 962, 963 (7thCir.1988); Benjamin, 833 F.2d at 671; Car Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101, 1111 (7th Cir.1984), cert. denied, 470 U.......
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