Supreme Court of the United States · Official docket →
Bennie Kennedy, et al. v. Schneider Electric, fka Square D Company
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-1645, 17-1786 · judgment June 19, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether or not this Court should call for an exercise of this Court’s supervisory power by rejecting the Seventh Circuit’s reasoning which affirmed the district court’s decision to dismiss petitioner’s complaint with prejudice rendered by the Magistrate Judge Paul R. Cherry who, at the same time, was under a 28 U.S.C. §455 filed by the same petitioners? Whether or not this Court should call for an exercise of this Court’s supervisory power by rejecting the Seventh Circuit’s reasoning where the Seventh Circuit ignored the pleadings by petitioners which set forth that a declaration served upon the district court by respondent, Schneider Electric, presented facts which were plausibly false under Rule 60(d) of the Federal Rule of Civil Procedure? Whether or not this Court should call for an exercise of this Court’s supervisory power by rejecting the Seventh Circuit’s reasoning which holds that the district court ‘s ruling which granted a summary judgment in favor of respondent, Schneider Electric – is presumptively reasonable – even when the district court ignored petitioner’s pleading which set forth that respondent provided information that did not support respondent’s position for a summary judgment and, in fact, respondent provided information which reflected that the facts submitted by petitioner actually supported a denial of a summary judgment?
Counsel of record
For petitioner
John Horace Davis
Attorney John H. Davis
For respondent
David Patrick Radelet
Littler Mendelson P.C.
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 04 2019Petition DENIED.
- Feb 13 2019DISTRIBUTED for Conference of 3/1/2019.
- Feb 05 2019Waiver of right of respondent SCHNEIDER ELECTRIC to respond filed.
- Oct 22 2018Petition for a writ of certiorari filed. (Response due February 8, 2019)