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Les Schwab Tire Centers of Portland, Inc., et al. v. Scott Wilcox, Individually and as the Personal Representative of the Estate of Jenna Wilcox

Paid petition · Court of Appeals of Oregon, No. A159585 · judgment August 22, 2018

Certiorari denied · June 10, 2019

Pre-decision estimate: 2% cert probability

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

Question presented

The Servicemembers Civil Relief Act (“SCRA”) tolls “any action or proceeding . . . by or against the servicemember or the servicemember’s heirs, executors, administrators, or assigns” for the “period of a servicemember’s military service.” 50 U.S.C. § 3936(a). The question presented is whether the SCRA tolls a statute of limitations applicable to a claim brought by a servicemember in a purely representative capacity for another.

Counsel of record

For petitioner
Thomas Henderson Dupree Jr.
Gibson, Dunn & Crutcher LLP

For respondent
Scott Michael Duquin
HoganWillig, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

Jun 10 2019
Petition DENIED.
May 21 2019
DISTRIBUTED for Conference of 6/6/2019.
May 17 2019
Reply of petitioners Les Schwab Tire Centers of Portland, Inc., et al. filed.
May 03 2019
Brief of respondent Scott Wilcox, Individually and as the Personal Representative of the Estate of Jenna Wilcox in opposition filed.
Mar 27 2019
Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2019.
Mar 25 2019
Motion to extend the time to file a response from April 3, 2019 to May 3, 2019, submitted to The Clerk.
Mar 01 2019
Petition for a writ of certiorari filed. (Response due April 3, 2019)