Quincy M. Neri v. Sentinel Insurance Company Limited

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted December 3, 2013∗
Decided December 3, 2013
Before
WILLIAM J. BAUER, Circuit Judge
FRANK H. EASTERBROOK, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
No. 13-2825
QUINCY M. NERI,
Plaintiff-Appellant,
v.
SENTINEL INSURANCE COMPANY LIMITED and
ERIC FERGUSON, doing business as White School
Studios,
Defendants-Appellees.
Appeal from the United
States District Court for the
Western District of
Wisconsin.
No. 13-cv-382-bbc
Barbara B. Crabb, Judge.
Order
The district court dismissed this suit as barred by an earlier judgment, which has
since been vacated. Neri v. Monroe, 726 F.3d 989 (7th Cir. 2013). The judge has stated that
she will proceed to the merits as soon as this court resolves the appeal and restores
jurisdiction to the district court. That is a sensible approach. Appellant asks us to direct
∗ This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After
examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R.
App. P. 34(a); Cir. R. 34(f).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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No. 13-2825 Page 2
the district court to enter judgment in her favor immediately, but that would be
inappropriate. As our published opinion observes, defenses such as fair use must be
evaluated.
The judgment is vacated, and the case is remanded for further proceedings. The
mandate will issue today.

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