Supreme Court Report

Supreme Court of the United States · Official docket →

Kevin C. Rotkiske v. Paul Klemm, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 16-1668 · judgment May 15, 2018

Decided · December 10, 2019
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Question presented

Whether the "discovery rule" applies to toll the one (1) year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., as the Fourth and Ninth Circuits have held but the Third Circuit (sua sponte en banc) has held contrarily.

Counsel of record

For petitioner
Scott E. Gant
Boies Schiller Flexner LLP

For respondent
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
7 merits
(2 supporting pet./neither, 5 respondent)

Argument & decision

Argued October 16, 2019 — Scott E. Gant · Shay Dvoretzky. Audio and transcript

Decided December 10, 2019. Opinion by Thomas.

Proceedings

  1. Jan 13 2020
    JUDGMENT ISSUED.
  2. Dec 10 2019
    Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Sotomayor, J., filed a concurring opinion. Ginsburg, J., filed an opinion dissenting in part and dissenting from the judgment.
  3. Oct 16 2019
    Argued. For petitioner: Scott E. Gant, Washington, D. C. For respondents: Shay Dvoretzky, 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. Sep 12 2019
    Complete record received in electronic format (U.S.C.A. 3rd Circuit and DIstrict Court filings).
  5. Aug 23 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Aug 16 2019
    Record requested from the U.S.C.A. 3rd Circuit.
  7. Aug 12 2019
    Reply of petitioner Kevin Rotkiske filed. (Distributed)
  8. Aug 01 2019
    CIRCULATED
  9. Jul 19 2019
    Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument filed.
  10. Jul 19 2019
    Brief amici curiae of Mortgage Bankers Association and the Chamber of Commerce of the United States of America filed.
  11. Jul 19 2019
    Brief amicus curiae of ACA International filed.
  12. Jul 19 2019
    Brief amicus curiae of The National Creditors Bar Association filed.
  13. Jul 18 2019
    Brief amicus curiae of United States filed.
  14. Jul 18 2019
    Brief amicus curiae of Receivables Management Association International, Inc. filed.
  15. Jul 12 2019
    Brief of respondents Paul Klemm, et al. filed.
  16. Jul 01 2019
    SET FOR ARGUMENT on Wednesday, October 16, 2019.
  17. May 20 2019
    Brief amici curiae of Samuel L. Bray, David Marcus, and Stephen C. Yeazell in support of neither party filed.
  18. May 20 2019
    Amicus brief of National Consumer Law Center not accepted for filing. (May 29, 2019)(Corrected version Submitted)
  19. May 20 2019
    Brief amicus curiae of National Consumer Law Center filed.
  20. May 13 2019
    Brief of petitioner Kevin Rotkiske filed.
  21. Apr 22 2019
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  22. Apr 03 2019
    Motion to dispense with printing the joint appendix filed by petitioner Kevin Rotkiske.
  23. Mar 19 2019
    Joint motion of the parties to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2019. The time to file respondents' brief on the merits is extended to and including July 12, 2019.
  24. Mar 08 2019
    Joint motion of the parties for an extension of time to file the briefs on the merits filed.
  25. Feb 25 2019
    Petition GRANTED.
  26. Feb 19 2019
    DISTRIBUTED for Conference of 2/22/2019.
  27. Jan 23 2019
    DISTRIBUTED for Conference of 2/15/2019.
  28. Jan 04 2019
    Brief of respondents Paul Klemm, et al. in opposition filed.
  29. Nov 23 2018
    Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2019.
  30. Nov 21 2018
    Motion to extend the time to file a response from December 5, 2018 to January 4, 2019, submitted to The Clerk.
  31. Nov 05 2018
    Response Requested. (Due December 5, 2018)
  32. Oct 31 2018
    DISTRIBUTED for Conference of 11/16/2018.
  33. Sep 11 2018
    Petition for a writ of certiorari filed. (Response due October 15, 2018)
  34. Aug 15 2018
    Application (18A161) granted by Justice Alito extending the time to file until September 12, 2018.
  35. Aug 09 2018
    Application (18A161) to extend the time to file a petition for a writ of certiorari from August 13, 2018 to October 12, 2018, submitted to Justice Alito.
    Main DocumentProof of ServiceLower Court Orders/Opinions