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Soto Enterprises, Inc., dba Miracle Delivery Armored Services v. City of Albuquerque, New Mexico

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-2065 · judgment July 25, 2017

Certiorari denied · February 20, 2018
Pre-decision estimate: 4% 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 business petitioner, and a Tenth Circuit decision below, and down for a state or local-government respondent and a petition filed soon after the judgment below.

Questions presented

  1. Did the Tenth Circuit err in holding, in conflict with the Eleventh, Seventh and Fourth Circuits, that Petitioner waived its right of removal by filing a partial motion to dismiss in state court minutes before filing its notice of removal in federal court?

  2. Whether, in holding that Petitioner waived its right of removal by filing a partial motion to dismiss in state court minutes before filing its notice of removal in federal court, the Tenth Circuit erred by creating a new bright-line rule that dramatically changes federal removal practice and contravenes the “clear and unequivocal” test followed by other Circuits?

Counsel of record

For petitioner
David Moises Mirazo
Mounce Green Myers Safi Paxson & Galatzan, P.C.

For respondent
Kristin June Dalton
Office of the City Attorney, City of Albuquerque

Case

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

Conference history
Distributed for 1 conference

Order
Order list, February 20, 2018 · Certiorari denied

Proceedings

  1. Feb 20 2018
    Petition DENIED.
  2. Jan 10 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Dec 21 2017
    Brief of respondent City of Albuquerque in opposition filed.
  4. Nov 17 2017
    Petition for a writ of certiorari filed. (Response due December 21, 2017)