Supreme Court of the United States · Official docket →

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: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

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?
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?

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

Conference history
Distributed for 1 conference

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