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Nutraceutical Corporation v. Troy Lambert

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-56423 · judgment September 15, 2017

Decided · February 26, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a business petitioner.

Question presented

Federal Rule of Civil Procedure 23(f) establishes a fourteen-day deadline to file a petition for permission to appeal an order granting or denying class-action certification. On numerous occasions, this Court left undecided whether mandatory claim-processing rules, like Rule 23 (f), are subject to equitable exceptions, because the issue was not raised below. See, e.g., Hamer v. Neighborhood Hous. Serv. of Chicago, 138 S. Ct. 13, 18 n.3, 22 (2017). That obstacle is not present here. The question presented is: did the Ninth Circuit err by holding that equitable exceptions apply to mandatory claim-processing rules and excusing a party's failure to timely file a petition for permission to appeal, or a motion for reconsideration, within the Rule 23(f) deadline? As the Ninth Circuit acknowledged below, its decision conflicts with other United States Circuit Courts of Appeals that have considered this issue (the Second, Third, Fourth, Fifth, Seventh, Tenth, and Eleventh Circuits).

Counsel of record

For petitioner
John Charles Hueston
Hueston Hennigan LLP

For respondent
Ronald Albert Marron
Law Offices of Ronald A. Marron

Case

Conference history
Distributed for 3 conferences

Argument & decision

Argued November 27, 2018 — John Hueston · Jonathan A. Herstoff. Audio and transcript

Decided February 26, 2019. Opinion by Sotomayor.

Proceedings

  1. Apr 01 2019
    JUDGMENT ISSUED.
  2. Feb 26 2019
    Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
  3. Nov 27 2018
    Argued. For petitioner: John Hueston, Los Angeles, Cal. For respondent: Jonathan A. Herstoff, New York, N. Y.
  4. Oct 31 2018
    Reply of petitioner Nutraceutical Corporation filed. (Distributed)
  5. Oct 19 2018
    CIRCULATED
  6. Oct 18 2018
    Record received from the U.S.D.C. Central District of California (Western Division - Los Angeles) is electronic and located on PACER, also received are Restricted material that's electronic.
  7. Oct 18 2018
    Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER, also received are Restricted materials (1 Envelope).
  8. Oct 15 2018
    Record requested from U.S.C.A. 9th Circuit.
  9. Oct 09 2018
    SET FOR ARGUMENT ON Tuesday, November 27, 2018
  10. Oct 01 2018
    Brief of respondent Troy Lambert filed.
  11. Aug 20 2018
    Joint appendix filed. (Statement of costs filed)
  12. Aug 20 2018
    Brief of petitioner Nutraceutical Corporation filed.
  13. Jul 30 2018
    Joint motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2018. The time to file respondent's brief on the merits is extended to and including October 1, 2018.
  14. Jul 24 2018
    Joint motion for an extension of time to file the opening briefs on the merits filed.
  15. Jul 16 2018
    Joint motion for an extension of time not accepted for filing. (July 23, 2018 - Corrected motion to be submitted.)
  16. Jun 25 2018
    Petition GRANTED.
  17. Jun 18 2018
    DISTRIBUTED for Conference of 6/21/2018.
  18. May 29 2018
    DISTRIBUTED for Conference of 6/14/2018.
  19. May 23 2018
    Reply of petitioner Nutraceutical Corporation filed.
  20. May 14 2018
    Brief of respondent Troy Lambert in opposition filed.
  21. Mar 27 2018
    Motion to extend the time to file a response is granted in part and the time is extended to and including May 14, 2018.
  22. Mar 14 2018
    Motion to extend the time to file a response from April 6, 2018 to June 1, 2018, submitted to The Clerk.
  23. Mar 07 2018
    Response Requested. (Due April 6, 2018)
  24. Feb 28 2018
    DISTRIBUTED for Conference of 3/16/2018.
  25. Feb 15 2018
    Waiver of right of respondent Troy Lambert to respond filed.
  26. Feb 01 2018
    Petition for a writ of certiorari filed. (Response due March 7, 2018)