MillerCoors LLC v. Anheuser-Busch Companies, LLC, No. 19-2782 (7th Cir. 2019)
Annotate this CaseOn May 24, the district court entered an opinion with language that the judge believed would serve as a preliminary injunction. MillerCoors’s appeal was docketed but the district court did not comply with Fed.R.Civ.P. 65(d)(1)(C), which requires every injunction to be set forth without referring to any other document. On September 4, while appeal was pending, the district court entered another opinion stating that it was “modifying” the May 24 decision; it did not follow Fed.R.Civ.P. 62.1 procedures for modifying an order that is before the court of appeals, nor did it discuss the rule that only one court at a time has jurisdiction. The court still did not comply with Rule 65(d) nor did it modify the injunction under Rule 62(d). Anheuser-Busch appealed. On September 6, the court modified the September 4 modification, without discussing its jurisdiction. It did not rely on Rule 62(d), did not follow the Rule 62.1 procedure, and did not comply with Rule 65(d). The Seventh Circuit ordered a limited remand with instructions to enter the injunction on a document separate from the opinions. Although the court’s intent to afford enforceable equitable relief is sufficiently clear to provide appellate jurisdiction despite the noncompliance with Rule 65(d), enforcing that Rule is important. The district court may be able to avoid the potential jurisdictional problems that its modifications of the initial order have created.
The court issued a subsequent related opinion or order on May 1, 2020.
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