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Stephanie C. Artis v. District of Columbia

Paid petition · District of Columbia Court of Appeals, No. 15-CV-0243 · judgment April 7, 2016

Decided · January 22, 2018

At-filing estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for no court below (an original writ).

Question presented

Section 1367 of Title 28 authorizes federal district courts in certain circumstances to exercise supplemental jurisdiction over claims arising under State law. Section 1367 further provides that "[t]he period of limitations for any [such] claim ...shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period." 28 U.S.C. § 1367(d). The question presented is whether the tolling provision in §1367(d) suspends the limitations period for the state-law claim while the claim is pending and for thirty days after the claim is dismissed, or whether the tolling provision does not suspend the limitations period but merely provides 30 days beyond the dismissal for the plaintiff to refile.

Counsel of record

For petitioner
Adam G. Unikowsky
Jenner & Block LLP

For respondent
Loren L. AliKhan
D.C. Office of the Attorney General

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Amicus briefs
2 merits
(2 respondent)

Argument & decision

Argued November 1, 2017 — Adam G. Unikowsky · Loren L. AliKhan. Listen and read along · the Court’s audio

Decided January 22, 2018. Opinion by Ginsburg.

Proceedings

Feb 23 2018
MANDATE ISSUED.
Feb 23 2018
JUDGMENT ISSUED.
Jan 22 2018
Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Kennedy, Thomas, and Alito, JJ., joined.
Nov 01 2017
Argued. For petitioner: Adam G. Unikowsky, Washington, D. C. For respondent: Loren L. AliKhan, Deputy Solicitor General, Washington, D. C.
Sep 25 2017
Motion of Wisconsin and 23 other states for leave to participate in oral argument as amici curiae and for divided argument DENIED.
Sep 12 2017
Record requested from the D.C. Court of Appeals.
Sep 11 2017
Reply of petitioner Stephanie C. Artis filed. (Distributed)
Sep 07 2017
CIRCULATED
Aug 31 2017
SET FOR ARGUMENT on Wednesday, November 1, 2017
Aug 18 2017
Motion of Wisconsin and 23 other states for leave to participate in oral argument as amici curiae and for divided argument filed.
Aug 18 2017
Brief amici curiae of National Conference of State Legislatures, et al. filed.
Aug 18 2017
Brief amici curiae of Wisconsin and 23 other states filed.
Aug 11 2017
Brief of respondent District of Columbia filed.
May 30 2017
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 25 2017
Brief of petitioner Stephanie C. Artis filed.
May 11 2017
Motion to dispense with printing the joint appendix filed by petitioner Stephanie C. Artis.
Mar 29 2017
The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 25, 2017.
Mar 29 2017
The time to file respondent's brief on the merits is extended to and including August 11, 2017.
Feb 27 2017
Petition GRANTED.
Feb 21 2017
DISTRIBUTED for Conference of February 24, 2017.
Jan 18 2017
DISTRIBUTED for Conference of February 17, 2017.
Jan 17 2017
Reply of petitioner Stephanie C. Artis filed.
Jan 04 2017
Brief of respondent District of Columbia in opposition filed.
Dec 01 2016
Order extending time to file response to petition to and including January 4, 2017.
Nov 03 2016
Response Requested. (Due December 5, 2016)
Nov 02 2016
DISTRIBUTED for Conference of November 22, 2016.
Oct 19 2016
Waiver of right of respondent District of Columbia to respond filed.
Oct 06 2016
Petition for a writ of certiorari filed. (Response due November 7, 2016)