Antonio Bryant v. General Packaging

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 December 21, 2012* Before WILLIAM J. BAUER, Circuit Judge JOHN DANIEL TINDER, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 12-1367 ANTONIO I. BRYANT, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 1:06-cv-00114 GENERAL PACKAGING PRODUCTS, a Delaware corporation, et al., Elaine E. Bucklo, Defendants-Appellees. Judge. ORDER On consideration of the petition for rehearing and rehearing en banc, filed on December 5, 2012, no judge in active service has requested a vote, and all of the judges on the original panel have voted to DENY the petition for rehearing. Accordingly, the petition for rehearing is DENIED. The final two sentences of the order issued by the Court in this case on November 20, 2012, are hereby amended to read as follows, with deletions struck through and additions in bold: * Judge Joel M. Flaum did not participate in the consideration of the petition for rehearing. Moreover, even if Brown Bryant had articulated an argument under Rule 60(b), a postjudgment motion under even the “catchall” provision of that rule cannot be granted unless it is filed within a reasonable time after the judgment. FED. R. CIV. P. 60(c)(1); Arrieta v. Battaglia, 461 F.3d 861, 865 (7th Cir. 2006); Ingram v. Merrill Lynch, Pierce, Fenner, & Smith, Inc., 371 F.3d 950, 952 (7th Cir. 2004). Brown Bryant has not even attempted to explain how his motion was filed in a reasonable time when it came more than four years after the judgment and his previous motion attacking the settlement on a different ground. An amended order shall be issued accordingly.