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Clifford W. Jones, Sr. v. Department of Health and Human Services

Paid petition · United States Court of Appeals for the Federal Circuit, No. 17-1624 · judgment November 14, 2017

Certiorari denied · October 9, 2018
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below.

Question presented

Section 7703(b)(1)(A) of Title 5 establishes a 60- day time limit for a federal employee to seek judicial review of a final decision by the Merit Systems Protection Board in the Federal Circuit. 5 U.S.C. § 7703(b)(1)(A). The question presented is: Whether the time limit in Section 7703(b)(1)(A) is a jurisdictional requirement or a claim-processing rule subject to equitable tolling.

Counsel of record

For petitioner
Robert Jared Gajarsa
Latham & Watkins LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 19 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Sep 18 2018
    Reply of petitioner Clifford W. Jones, Sr. filed.
  4. Aug 30 2018
    Brief of respondent Department of Health and Human Services in opposition filed.
  5. Jul 19 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including August 30, 2018.
  6. Jul 18 2018
    Motion to extend the time to file a response from July 30, 2018 to August 30, 2018, submitted to The Clerk.
  7. Jun 27 2018
    Amicus brief of National Veterans Legal Services Program and National Organization of Veterans' Advocates, Inc. not accepted for filing (Corrected Version To Be Submitted). (June 28, 2018)
  8. Jun 27 2018
    Brief amici curiae of National Veterans Legal Services Program and National Organization of Veterans' Advocates, Inc. filed.
  9. Jun 22 2018
    Motion to extend the time to file a response is granted and the time is extended to and including July 30, 2018.
  10. Jun 21 2018
    Motion to extend the time to file a response from June 29, 2018 to July 30, 2018, submitted to The Clerk.
  11. May 29 2018
    Petition for a writ of certiorari filed. (Response due June 29, 2018)