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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


Certiorari denied · March 4, 2019
Pre-decision estimate: 1% cert probability

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

  1. Mar 04 2019
    Petition DENIED.
  2. Feb 13 2019
    DISTRIBUTED for Conference of 3/1/2019.
  3. Feb 05 2019
    Waiver of right of respondent SCHNEIDER ELECTRIC to respond filed.
  4. Oct 22 2018
    Petition for a writ of certiorari filed. (Response due February 8, 2019)