Lac Du Flambeau Band of Lake Superior Chippewa Indians & the Sokaogon Chippewa Cmty. v. State of Wisconsin, 957 F.2d 515 (7th Cir. 1992). · Go Syfert
Lac Du Flambeau Band of Lake Superior Chippewa Indians & the Sokaogon Chippewa Cmty. v. State of Wisconsin, 957 F.2d 515 (7th Cir. 1992). Cases Citing This Book View Copy Cite
“an empty motion cannot reserve time to file an explanation after the ten days allowed by rule 59.”
82 citation events (44 in the last 25 years) across 21 distinct courts.
Strongest positive: Talano, James v. v. Northwestern Medical (ca7, 2001-12-10)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 42 distinct citers.
discussed Cited as authority (verbatim quote) Talano, James v. v. Northwestern Medical
7th Cir. · 2001 · signal: see also · quote attribution · 1 verbatim quote · confidence high
an empty motion cannot reserve time to file an explanation after the ten days allowed by rule 59.
discussed Cited as authority (rule) Meatheney v. Arts Performing Center LLC
E.D. Wis. · 2023 · confidence medium
Nevertheless, the Seventh Circuit has explained “that the important question for categorizing these motions is their timing.” Carter v. City of Alton, 922 F.3d 824 , 826 n.1 (7th Cir. 2019) (citing Lac Du Flambeau Band of Lake Superior Chippewa Indians v. State of Wis., 957 F.2d 515, 517 (7th Cir. 1992)).
cited Cited as authority (rule) Seifert v. Dominick's Finer Foods, Inc.
7th Cir. · 2009 · confidence medium
Lac Du Flambeau Band of Lake Superior Chippewa Indians v. State of Wisconsin, 957 F.2d 515, 516-17 (7th Cir.1992).
examined Cited as authority (rule) Dairyland Greyhound Park, Inc. v. Doyle (3×) also: Cited "see"
Wis. · 2006 · confidence medium
In Lac du Flambeau Band of Lake Superior Chippewa Indians v. State of Wisconsin, 957 F.2d 515, 516 (7th Cir. 1992), the Court of Appeals summarized the district court's holding as follows: "The district court held that amendments to the state's constitution and recent legislation establishing a state lottery also authorized other forms of gambling, in which the tribes may engage." A United States District Court is not the final arbiter of the meaning of a state constitution.
discussed Cited as authority (rule) County Materials Corporation v. Allan Block Corporation
W.D. Wis. · 2006 · confidence medium
Herzog Contracting Corp. v. McGowen Corp., 976 F.2d 1062, 1065 (7th Cir.1992)(citing Lac du Flambeau Band v. Wisconsin, 957 F.2d 515, 517 (7th Cir.1992); Charles v. Daley, 799 F.2d 343, 347 (7th Cir.1986)).
cited Cited as authority (rule) Intera Corp v. Henderson
6th Cir. · 2005 · confidence medium
Id. (citing Martinez v. Trainor, 556 F.2d 818, 820 (7th Cir. 1977); Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wis., 957 F.2d 515, 516-17 (7th Cir. 1992)).
cited Cited as authority (rule) Intera Corporation v. George Henderson III
6th Cir. · 2005 · confidence medium
Id. (citing Martinez v. Trainor, 556 F.2d 818, 820 (7th Cir.1977); Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wis., 957 F.2d 515, 516-17 (7th Cir.1992)). 5 .
discussed Cited as authority (rule) Fort James Corporation v. Solo Cup Company (2×)
Fed. Cir. · 2005 · confidence medium
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Wis., 957 F.2d 515, 516-17 (7th Cir.1992) (holding that a brief filed contemporaneously with a motion fulfills the requirement of FRCP 7(b)(1)); Andreas v. Volkswagen of Am., Inc., 336 F.3d 789 , 794 (8th Cir.2003) (approving a district court’s reference to a FRCP 50(a) pleading in determining the sufficiency of a FRCP 50(b) motion); Cambridge Plating Co., Inc. v. Napco, Inc., 85 F.3d 752, 761 (1st Cir.1996) (rejecting as “overly technical” the district court’s premise that the sufficiency of a post-judgment motion should be det…
discussed Cited as authority (rule) Stephenson v. Deutsche Bank AG
D. Minnesota · 2003 · confidence medium
Evangelista’s motion, however, is untimely and fails to comply with Fed.R.Civ.P. 7(b)(1), which requires that each motion "shall state with particularity the grounds therefor.” Because "motion[s] giving no reasons ha[ve] no effect,” Lac du Flambeau Band of Lake Superior Chippewa *1042 Indians v. Wisconsin, 957 F.2d 515, 516 (7th Cir.1992), the Court will deny Evangelista's motions. 8 .
discussed Cited as authority (rule) In Re Szabo Contracting, Inc.
Bankr. N.D. Ill. · 2002 · confidence medium
United States v. Deutsch, 981 F.2d 299, 301 (7th Cir.1992); Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.), cert. denied, 506 U.S. 829 , 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992); Charles v. Daley, 799 F.2d 343, 347 (7th Cir.1986).
cited Cited as authority (rule) Goodyear Tire and Rubber Co. v. Vinson
Ala. · 1999 · confidence medium
Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.), cert. denied, 506 U.S. 829 , 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992).
discussed Cited as authority (rule) United States v. Harvey Powers (2×) also: Cited "see, e.g."
7th Cir. · 1999 · confidence medium
See, e.g., Otis v. City of Chicago, 29 F.3d 1159, 1166 (7th Cir.1994) (en banc); Lac du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 516 (7th Cir.), cert. denied, 506 U.S. 829 , 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992).
discussed Cited as authority (rule) Solow v. Ogletree, Deakins, Nash, Smoak & Stewart (In Re Midway Airlines, Inc.)
Bankr. N.D. Ill. · 1995 · confidence medium
United States v. Deutsch, 981 F.2d 299, 301 (7th Cir.1992); Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992); Charles v. Daley, 799 F.2d 343, 347 (7th Cir.1986).
discussed Cited as authority (rule) Doctor Emory M. Ghana v. Fred Crockett, M.D., and Donald Watson
7th Cir. · 1994 · confidence medium
A motion challenging the merits of a district court judgment, when served within ten days of the entry of the judgment, is treated as a motion to alter or amend a judgment under Rule 59(e) of the Federal Rules of Civil Procedure, "no matter what nomenclature the movant employs." Lac du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.1972), cert. denied, 113 S.Ct. 91 (1992)
discussed Cited as authority (rule) In Re Maurice
Bankr. N.D. Ill. · 1994 · confidence medium
United States v. Deutsch, 981 F.2d 299, 301 (7th Cir.1992); Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992); Charles v. Daley, 799 F.2d 343, 347 (7th Cir.1986).
discussed Cited as authority (rule) Union National Bank of Marseilles v. Leigh (In Re Leigh)
Bankr. N.D. Ill. · 1994 · confidence medium
U.S. v. Deutsch, 981 F.2d 299, 301 (7th Cir.1992); Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.1992), cert. denied, 113 S.Ct. 91 (1992); Charles v. Daley, 799 F.2d 343, 347 (7th Cir.1986).
discussed Cited as authority (rule) Casey v. Transport Life Insurance (In Re Dorsey)
Bankr. N.D. Ill. · 1993 · confidence medium
United States v. Deutsch, 981 F.2d 299, 301 (7th Cir.1992); Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992); Charles v. Daley, 799 F.2d 343, 347 (7th Cir.1986).
discussed Cited as authority (rule) Paganis v. Blonstein
7th Cir. · 1993 · confidence medium
See also Lentomyynti Oy v. Medivac, Inc., 997 F.2d 364, 366 (7th Cir.1993); Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992).
discussed Cited as authority (rule) Paganis v. Blonstein
7th Cir. · 1993 · confidence medium
See also Lentomyynti Oy v. Medivac, Inc., 997 F.2d 364, 366 (7th Cir.1993); Lac Du Flambeau Band of Lake Stoperior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.), cert. denied, - U.S. -, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992).
discussed Cited as authority (rule) Attorney Registration & Disciplinary Commission of the Supreme Court v. Betts (In Re Betts)
Bankr. N.D. Ill. · 1993 · confidence medium
U.S. v. Deutsch, 981 F.2d 299, 301 (7th Cir.1992); Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992); Charles v. Daley, 799 F.2d 343, 347 (7th Cir.1986).
cited Cited as authority (rule) Lentomyynti Oy v. Medivac, Inc.
7th Cir. · 1993 · confidence medium
Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.), cert. denied, — U.S. -, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992); Varhol v. National R.R.
cited Cited as authority (rule) Lentomyynti Oy v. Medivac, Incorporated
7th Cir. · 1993 · confidence medium
Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992); Varhol v. National R.R.
discussed Cited as authority (rule) Dave Kohel Agency, Inc. v. Redshaw, Inc.
E.D. Wis. · 1993 · confidence medium
“Motions seeking collateral relief such as costs or legal fees do not come within Rule 59____” Lac du Flambeau Band of Lake Superior Chippewa Indians v. State of Wisconsin, 957 F.2d 515, 517 (7th Cir.1992) (citing Buchanan v. Stanships, Inc., 485 U.S. 265 , 108 S.Ct. 1130 , 99 L.Ed.2d 289 (1988)), cert. denied, — U.S.-, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992).
discussed Cited as authority (rule) Herzog Contracting Corporation v. McGowen Corporation
7th Cir. · 1992 · confidence medium
Our cases say that a postjudgment motion is a motion under Rule 59(e), regardless of its caption, if it is filed within ten days (as this one was) and is “substantive.” Lac du Flambeau Band v. Wisconsin, 957 F.2d 515, 517 (7th Cir.1992); Charles v. Daley, 799 F.2d 343, 347 (7th Cir.1986).
discussed Cited as authority (rule) Yavapai-Prescott Indian Tribe v. State of Ariz.
D. Ariz. · 1992 · confidence medium
The State of Wisconsin’s appeal, due to the State’s failure to comply with Rule 4(a)(4) of the Federal Rules of Appellate Procedure, was consigned to "the graveyard of an inordinate number of appeals.” See Lac du Flambeau Indians v. State of Wis., 957 F.2d 515, 516 (7th Cir.1992). 12 .
cited Cited "see" Lawrence Krivak v. Home Depot U.S.A., Inc.
7th Cir. · 2021 · signal: see · confidence high
See Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wis- consin, 957 F.2d 515, 517 (7th Cir. 1992).
discussed Cited "see" Pearl Carter v. City of Alton, Illinois
7th Cir. · 2019 · signal: see · confidence high
See Lac Du Flambeau Band of Lake Superior Chippewa Indians v. State of Wis., 957 F.2d 515, 517 (7th Cir. 1992) (noting that all sub‐ stantive motions filed within the relevant time period described by Rule 59(e) fall under that rule regardless of the nomenclature associated with the motion).
discussed Cited "see" Pearl Carter v. City of Alton, Illinois
7th Cir. · 2019 · signal: see · confidence high
See Lac Du Flambeau Band of Lake Superior Chippewa Indians v. State of Wis., 957 F.2d 515, 517 (7th Cir. 1992) (noting that all sub‐ stantive motions filed within the relevant time period described by Rule 59(e) fall under that rule regardless of the nomenclature associated with the motion).
discussed Cited "see" Carter v. City of Alton
7th Cir. · 2019 · signal: see · confidence high
See Lac Du Flambeau Band of Lake Superior Chippewa Indians v. State of Wis. , 957 F.2d 515 , 517 (7th Cir. 1992) (noting that all substantive motions filed within the relevant time period described by Rule 59(e) fall under that rule regardless of the nomenclature associated with the motion).
discussed Cited "see" Lac Courte Oreilles Band Of Lake Superior Chippewa Indians Of Wisconsin v. United States
7th Cir. · 2004 · signal: see · confidence high
See Lac du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 770 F.Supp. 480, 487 (W.D.Wis.1991) appeal dismissed for want of jurisdiction, 957 F.2d 515 (7th Cir.1992). 50 The Tribes and the Governor of Wisconsin may not share an opinion of the overriding goal of Wisconsin's gaming policy, but they must concede that a gaming policy exists.
cited Cited "see" Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. United States
7th Cir. · 2004 · signal: see · confidence high
See Lac du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 770 F.Supp. 480, 487 (W.D.Wis.1991) appeal dismissed for want of jurisdiction, 957 F.2d 515 (7th Cir.1992).
discussed Cited "see" James F. Porm v. Howard A. Peters, Iii, William O'sullivan, Daniel Perry, Cassandra Wright, Steve Ruiz, David Brubaker, and Unknown Others
7th Cir. · 1997 · signal: see · confidence high
See Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F 2d 515, 517 (7th Cir.), cert. denied, 506 U.S. 829 (1992). 5 Third, Porm argues that the district court erred in denying his cross-motion for summary judgment, which was based on the defendants' alleged "judicial admissions." These "judicial admissions" consist of statements made by defendants in their affidavits.
discussed Cited "see" Pueblo of Santa Ana v. Kelly
D.N.M. · 1996 · signal: see · confidence high
See Lac du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 770 F.Supp. 480, 481 (W.D.Wis.1991), appeal dismissed 957 F.2d 515 (7th Cir.), cert. denied, Wisconsin v. Lac du Flambeau Band of Lake Superior Chippewa Indians, 506 U.S. 829 , 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992); S.Rep.
discussed Cited "see" Cambridge Plating Co. v. Napco, Inc. (2×) also: Cited "see, e.g."
1st Cir. · 1996 · signal: see · confidence high
See Chippewa Indians, 957 F.2d at 517 (motion failing to state grounds is sufficiently particular where supporting memorandum adequately discusses the grounds); Brown v. United States Postal Serv., 860 F.2d 884 , 887 (9th Cir.1988) (motion for reconsideration was adequate under Rule 7 even though a particular ground was omitted, where the parties had already briefed and argued the issue and no prejudice would result); see also King v. Mordowanec, 46 F.R.D. 474, 477 (D.R.I.1969) (where grounds for Rule 60(b) motion were stated at oral argument previous day and were discussed after filing, durin…
discussed Cited "see" California Union Insurance v. Liberty Mutual Insurance
N.D. Ill. · 1996 · signal: see · confidence high
See Lac du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515, 517 (7th Cir.), cert. denied, 506 U.S. 829 , 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992); cf. United States v. Deutsch, 981 F.2d 299, 301 (7th Cir.1992).
cited Cited "see" United States v. Quinten A. Hammes, Jr.
7th Cir. · 1993 · signal: see · confidence high
See Lac du Flambeau Indians v. Wisconsin, 770 F.Supp. 480, 486 (W.D.Wis.1991), appeal dismissed, 957 F.2d 515 (7th Cir.1992), certiorari denied, — U.S. -, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992).
cited Cited "see" ca7 1992
7th Cir. · 1992 · signal: see · confidence high
See Lac du Flambeau Band of Lake Superior Chippewa Indians v. State of Wisconsin, 957 F.2d 515 (7th Cir.1992).
cited Cited "see" Shango v. Jurich
7th Cir. · 1992 · signal: see · confidence high
See Lac du Flambeau Band of Lake Superior Chippewa Indians v. State of Wisconsin, 957 F.2d 515 (7th Cir.1992).
discussed Cited "see, e.g." James v. Talano, M.D. v. Northwestern Medical Faculty Foundation, Inc.
7th Cir. · 2001 · signal: see also · confidence medium
As this Court explained in Martinez , “if a party could file a skeleton motion and later fill it in, the purpose of the time limitation would be defeated.” 556 F.2d at 820 ; see also Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Wis., 957 F.2d 515, 516-17 (7th Cir.1992) (“An empty motion cannot reserve time to file an explanation after the ten days allowed by Rule 59.”).
discussed Cited "see, e.g." Floyd Strain v. Payette School District No. 371j Warren E. McCain Middle School Richard Dillon
9th Cir. · 1998 · signal: see also · confidence medium
See also Lac du Flambeau Band of Lake Superior Chippewa Indians v. State of Wisconsin, 957 F.2d 515, 516-517 (7th Cir.1992) ("[a]n empty motion cannot reserve time to file an explanation after the ten days allowed ..., but a brief contemporaneous with the motion fulfils [sic] the requirement of Fed.R.Civ.P. 7(b)(1) that motion papers 'state with particularity the grounds' for the relief demanded"). 24 As one court as noted in Registration Control Systems, Inc. v. Compusystems, Inc., 922 F.2d 805, 807-808 (Fed.Cir.1990), "[t]he purpose of the particularity requirement in Rule 7 is to afford not…
discussed Cited "see, e.g." Cambridge Plating v. NAPCO, Inc.
1st Cir. · 1996 · signal: compare · confidence medium
Compare Lac Du _______ _______ Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, _______________________________________________ _________ 957 F.2d 515, 517 (7th Cir.) (supporting memorandum filed with insufficiently particular motion), cert. denied, 506 _____ ______ U.S. 829 (1992).
discussed Cited "see, e.g." Willis v. Fordice
S.D. Miss. · 1994 · signal: see also · confidence low
The Committee concluded that the compact process is a viable mechanism for setting [sic] various matters between two equal sovereigns.’” Mashantucket Pequot Tribe, 913 F.2d at 1030 (emphasis added) (quoting Senate Report at 13, U.S.Code Cong. & Admin.News 1988, 3083); see also Lac du Flambeau Indians v. Wisconsin, 770 F.Supp. 480, 481 (W.D.Wis.1991) (concluding that “[t]he structure of the Act conforms to the basic principle that the states and tribes negotiate as sovereigns”), appeal dismissed, 957 F.2d 515 (7th Cir.), cert, denied , — U.S. -, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992).
LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS and the Sokaogon Chippewa Community, Plaintiffs-Appellees,
v.
STATE OF WISCONSIN, Et Al., Defendants-Appellants
91-2698.
Court of Appeals for the Seventh Circuit.
Mar 23, 1992.
957 F.2d 515
Bruce R. Greene, Greene, Meyer & McEl-roy, Boulder, Colo, (argued), Milton Rosenberg, Madison, Wis., for plaintiffs-appel-lees., Warren D. Weinstein, Asst. Atty. Gen. (argued), James E. Doyle, Atty. Gen., Office of Atty. Gen., Wisconsin Dept, of Justice, Madison, Wis., Jonathan T. McCoy, Office of Atty. Gen., Olympia, Wash., for defendants-appellants., Cathy Christian, Office of Atty. Gen., Government Law Section, Sacramento, Cal., for amicus curiae State of Alaska, Ariz., and Cal., Richard M. Sheridan, Richard Blumen-thal, Office of Atty. Gen., Hartford, Conn., for amicus curiae State of Conn., Jonathan A. Glogau, Dept, of Legal Affairs, Tallahassee, Fla., for amicus curiae State of Fla., Marc Racicot, Atty. Gen., Helena, Mont., for amicus curiae State of Mich., Minn., Miss., and Mont., Nicholas J. Spaeth, Office of Atty. Gen., Bismark, N.D., for amicus curiae State of Neb., Nev., and N.D., Frank J. Kelley, Atty. Gen., Office of Atty. Gen., Lansing, Mich., James H. Evans, Carol J. Smith, Office of Atty. Gen., Civil Div., Montgomery, Ala., for amicus curiae State of Or., S.D., Wash., Wyo., and Ala.
Easterbrook, Ripple, Wood.
Cited by 60 opinions  |  Published
EASTERBROOK, Circuit Judge.

Rule 4(a)(4) of the Federal Rules of Appellate Procedure is “the graveyard of an inordinate number of appeals.” Alerte v. McGinnis, 898 F.2d 69, 70 (7th Cir.1990). An appeal filed before the district judge disposes of a motion to alter or amend the judgment drops off the face of the planet. Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982). Unless the losing party files another after the district judge’s action on the motion, it forfeits the opportunity for appellate review.

Sometimes it is hard to tell whether a given motion proposes to alter or amend the judgment, so that appeal is forbidden, or instead seeks a technical or collateral change, so that appeal is essential lest the time expire. United States v. Ibarra, — U.S.-, 112 S.Ct. 4, 116 L.Ed.2d 1 (1991); Osterneck v. Ernst & Whinney, 489 U.S. 169, 109 S.Ct. 987, 103 L.Ed.2d 146 (1989); Buchanan v. Stanships, Inc., 485 U.S. 265, 108 S.Ct. 1130, 99 L.Ed.2d 289 (1988); Charles v. Daley, 799 F.2d 343 (7th Cir.1986). Sometimes the proper characterization of the motion is simple, but counsel overlooks the effect of Rule 4(a)(4), or misunderstands the point that it is the docketing of the district judge’s action, not the decision itself, that reactivates the right to appeal. So serious is the situation that the Advisory Committee on .Appellate Rules has proposed to excise the offending part of Rule 4(a)(4), replacing it with a rule that an appeal filed before the disposition of a motion to amend the judgment shall be held in abeyance and spring into force when the judge acts. 137 F.R.D. 417, 437-46 (1991). Even if the Supreme Court promulgates the recommended language at its first opportunity, the change cannot occur before December 1, 1993. Until then Rule 4(a)(4) will continue to claim victims. The State of Wisconsin is the latest.

Two federally recognized bands of Chippewa Indians with reservations in Wisconsin filed this suit, seeking among other things a declaration that the Indian Gaming Regulatory Act, 25 U.S.C. § 2710, requires the State to enter into compacts permitting them to operate slot machines and conduct casino games such as blackjack. The district court held that amendments to the state’s constitution and recent legislation establishing a state lottery also authorize other forms of gambling, in which the tribes may engage. 770 F.Supp. 480 (W.D.Wis.1991). On June 21, 1991, it entered a judgment requiring the State to negotiate for compacts with the tribes. Six days later the Lac du Flambeau Band served and filed a motion asking the district court to vacate its judgment. According to the motion, entry of judgment is premature until the tribe has the compact with Wisconsin that is the principal objective of the suit. On July 17, after the parties had exchanged briefs on the tribe’s motion, the defendants filed a notice of appeal. On July 22 the district judge denied the tribe’s motion. Defendants did not file another notice of appeal.

Rule 4(a)(4) provides that a notice of appeal filed before the disposition of a timely motion under Fed.R.Civ.P. 59 to alter or amend the judgment “shall have no effect. A new notice of appeal must be filed within the prescribed time measured from the entry of the order disposing of the motion as provided above.” The tribe’s motion was timely, but was it one under Rule 59 to alter or amend the judgment? Wisconsin and the other defendants say no, for two reasons. The first is a throwaway: that the “motion” stated no reasons. Literally true; too, a motion giving no reasons has no effect. Martinez v. Trainor, 556 F.2d 818, 819-20 (7th Cir.1977). But the two-sentence motion covered a six-page brief explaining the nature of the request and the reasons behind it. The second sentence of the motion reads: “The reasons in support of this motion are set forth in the tribe’s accompanying memorandum brief.” Often motions specify the relief sought while accompanying documents give explanation. Rules 4(a)(4) and 59 do not treat such companion filings as nullities. An empty motion cannot reserve time[*517] to file an explanation after the ten days allowed by Rule 59(b), see Martinez, but a brief contemporaneous with the motion ful-fils the requirement of Fed.R.Civ.P. 7(b)(1) that motions papers “state with particularity the grounds” for the relief demanded.

Defendants’ second contention is that the motion did not ask the court to “alter or amend” the judgment on the merits. Instead it asked the court to withdraw the judgment. The tribe did not disagree with the court’s legal analysis or its instruction to negotiate but believed that there should be no judgment. Motions seeking collateral relief such as costs or legal fees do not come within Rule 59, see Buchanan; a request to vacate the judgment likewise falls outside Rule 59, defendants submit. This argument misses the point of cases such as Buchanan. A judgment on the merits, say one specifying damages, is immediately enforceable; a dispute about costs does not affect any issue resolved by the judgment, so the appeal may proceed immediately. Substantive challenges to the judgment, by contrast, should be resolved before the case goes to the court of appeals. Charles adopts a bright-line rule: “all substantive motions served within 10 days of the entry of a judgment will be treated as based on Rule 59”, no matter what nomenclature the movant employs. 799 F.2d at 347. (The tribe’s motion did not identify a particular rule.) Ostemeck concludes that although a motion raising matters “wholly collateral” to the judgment does not come under Rule 59, a request for prejudgment interest is a Rule 59 motion because it presents “matters encompassed within the merits of the underlying action.” 489 U.S. at 176, 109 S.Ct. at 991.

A motion to vacate the judgment in its entirety presents “matters encompassed within the merits of the underlying action.” See Sutliff, Inc. v. Donovan Cos., 727 F.2d 648, 652 (7th Cir.1984) (“vacation is a form of alteration”); United States v. Gargano, 826 F.2d 610, 611 (7th Cir.1987). Until the court has resolved the motion, the subject (if any) to be presented on appeal cannot be known. The tribe made a simple point: it wants a compact with Wisconsin, leading it to submit that judgment directed exclusively to negotiation is premature. Had the court accepted this position, it would have annulled its judgment, leaving nothing from which the State could appeal. Any order issued at the end of negotiations would differ substantively from the judgment the court had entered. The court believed the tribe incorrect, observing that an interlocutory injunction to dicker does not prevent subsequent supplemental relief, such as the appointment of a mediator under § 2710(d)(7)(B) and review of the mediator’s recommendation. Because an estimate of the merit of the motion does not affect its status in suspending the finality of the judgment, Ibarra, 112 S.Ct. at 6, the tribe’s misunderstanding does not assist the State.

Much as we regret visiting the effects of counsel’s error on the State of Wisconsin in a case bearing on its governmental powers, the current version of Rule 4(a)(4) leaves no alternative. A timely notice of appeal is essential to this court’s jurisdiction. The notice defendants filed is ineffectual. The appeal is dismissed for want of jurisdiction.