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Dennis Obduskey v. McCarthy & Holthus LLP

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-1330 · judgment January 19, 2018

Decided · March 20, 2019
Pre-decision estimate: 14% cert probability (95% interval 8%–22%)

Before the decision, about 3.3× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Congress passed the Fair Debt Collection Practices Act (FDCPA) to "eliminate abusive debt collection practices by debt collectors." 15 U.S.C. 1692(e). Under the FDCPA, the term "debt collector" is defined as "any personwho regularly collects or attempts to collect, directly or indirectly, debts owed or dueanother." 15 U.S.C. 1692a(6). This case presents a clear and entrenched conflict regarding whether the FDCPA applies in the foreclosure context. In the decision below, the Tenth Circuit, siding with the Ninth Circuit, held that non-judicial foreclosures are not covered by the FDCPA; in doing so, the panel acknowledged the issue has "divided the circuits," and it expressly rejected the "contrary position" of multiple courts of appeals and state high courts. This holding was the sole basis of the decision below, and it arises on the precise fact-pattern that has generated extensive "confusion" and hundreds of conflicting decisions. This case is the perfect vehicle for resolving the widespread disagreement over this important issue. The question presented is: Whether the FDCPA applies to non-judicial foreclosure proceedings.

Counsel of record

For petitioner
Daniel L. Geyser
Haynes and Boone, LLP

For respondent
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
12 merits
(3 supporting pet./neither, 9 respondent)

Argument & decision

Argued January 7, 2019 — Daniel L. Geyser · Kannon K. Shanmugam. Audio and transcript

Decided March 20, 2019. Opinion by Breyer.

Proceedings

  1. Apr 22 2019
    JUDGMENT ISSUED.
  2. Mar 20 2019
    Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
  3. Jan 07 2019
    Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondent: Kannon K. Shanmugam, Washington, D. C.; and Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
  4. Dec 11 2018
    Record requested from the U.S.C.A. 10th Circuit.
  5. Dec 11 2018
    Record from the U.S.C.A. 10th Circuit is electronic and located on PACER.
  6. Dec 07 2018
    Reply of petitioner Dennis Obduskey filed. (Distributed)
  7. Dec 03 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  8. Nov 30 2018
    CIRCULATED
  9. Nov 28 2018
    SET FOR ARGUMENT ON Monday, January 7, 2019
  10. Nov 14 2018
    Brief amicus curiae of United States filed.
  11. Nov 14 2018
    Brief amicus curiae of Legal League 100 filed.
  12. Nov 14 2018
    Brief amici curiae of Mortgage Bankers Association, et al. filed.
  13. Nov 14 2018
    Brief amici curiae of United Trustee's Association, et al. filed.
  14. Nov 14 2018
    Brief amicus curiae of The Commercial Law League of America filed.
  15. Nov 14 2018
    Brief amicus curiae of USFN - America's Mortgage Banking Attorneys filed.
  16. Nov 14 2018
    Brief amicus curiae of Colorado Mortgage Lenders Association filed.
  17. Nov 14 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  18. Nov 13 2018
    Brief amicus curiae of National Creditors Bar Association filed.
  19. Nov 13 2018
    Amicus brief of Legal League 100 not accepted for filing. (November 15, 2018) (Duplicate submission)
  20. Nov 07 2018
    Brief of respondent McCarthy & Holthus LLP filed.
  21. Nov 07 2018
    Brief amicus curiae of Michigan Creditors Bar Association filed.
  22. Sep 17 2018
    Brief amicus curiae of NAACP Legal Defense & Educational Fund, INC filed.
  23. Sep 17 2018
    Brief amicus curiae of National Consumer Law Center filed.
  24. Sep 17 2018
    Brief amici curiae of Members of Congress filed.
  25. Sep 10 2018
    Joint appendix filed. (Statement of costs filed)
  26. Sep 10 2018
    Brief of petitioner Dennis Obduskey filed.
  27. Sep 04 2018
    Blanket Consent filed by Respondents, McCarthy & Holthus LLP, et al..
  28. Aug 08 2018
    Blanket Consent filed by Petitioner, Dennis Obduskey.
  29. Jul 23 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 September 10, 2018. The time to file respondents' brief on the merits is extended to and including November 7, 2018.
  30. Jul 16 2018
    Joint motion for an extension of time to file the opening briefs on the merits filed.
  31. Jun 28 2018
    Petition GRANTED.
  32. Jun 27 2018
    DISTRIBUTED for Conference of 6/27/2018.
  33. Jun 18 2018
    DISTRIBUTED for Conference of 6/21/2018.
  34. Jun 11 2018
    Rescheduled.
  35. May 30 2018
    Reply of petitioner Dennis Obduskey filed. (Distributed)
  36. May 29 2018
    DISTRIBUTED for Conference of 6/14/2018.
  37. May 23 2018
    Waiver of the 14-Day waiting period under Rule 15.5 filed by petitioner.
  38. May 16 2018
    Brief of respondents McCarthy & Holthus LLP, et al. in opposition filed.
  39. Apr 11 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 16, 2018.
  40. Apr 09 2018
    Motion to extend the time to file a response from April 16, 2018 to May 16, 2018, submitted to The Clerk.
  41. Mar 13 2018
    Petition for a writ of certiorari filed. (Response due April 16, 2018)