Supreme Court of the United States · Official docket →

Ritzen Group, Inc. v. Jackson Masonry, LLC

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-5157, 18-5161 · judgment October 16, 2018

Decided · January 14, 2020

Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Sixth Circuit decision below, and a business petitioner, and down for a business respondent.

Question presented

Whether an order denying a motion for relief from the automatic stay is a final order under 28 U.S.C. § 158(a) (1). In diverting from this Court's prior precedent, and in conflict with the First and Third Circuit Courts of Appeal, the Sixth Circuit ruled that an order denying relief from the automatic stay is per se final.

Counsel of record

For petitioner
Shane Gibson Ramsey
Nelson Mullins Riley & Scarborough, LLP

For respondent
Griffin S. Dunham
Dunham Hildebrand, PLLC

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 merits
(2 respondent)

Argument & decision

Argued November 13, 2019 — James K. Lehman · Griffin S. Dunham. Audio and transcript

Decided January 14, 2020. Opinion by Ginsburg.

Proceedings

Feb 18 2020
JUDGMENT ISSUED.
Jan 14 2020
Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court.
Nov 13 2019
Argued. For petitioner: James K. Lehman, Columbia, S. C. For respondent: Griffin S. Dunham, Nashville, Tenn.; and Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Nov 04 2019
Reply of petitioner Ritzen Group, Inc. filed. (Distributed)
Oct 21 2019
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 21 2019
Proposal of respondent to lodge copies of documents in related cases cited in respondent's brief on the merits filed.
Oct 11 2019
Brief amicus curiae of United States filed. (Distributed)
Oct 11 2019
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 11 2019
Brief amicus curiae of National Association of Consumer Bankruptcy Attorneys filed. (Distributed)
Oct 04 2019
Brief of respondent Jackson Masonry, LLC filed. (Distributed)
Sep 18 2019
Record received from the U.S.C.A. 6th Circuit is electronic.
Sep 16 2019
Record requested from the U.S.C.A. 6th Circuit.
Sep 03 2019
CIRCULATED
Aug 29 2019
Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including October 4, 2019.
Aug 23 2019
Motion for an extension of time to file respondents' brief on the merits filed.
Aug 05 2019
Brief of petitioner Ritzen Group, Inc. filed. (Corrected brief submitted).
Aug 05 2019
Brief of petitioner Ritzen Group, Inc. filed. (October 4, 2019). (Distributed)
Aug 05 2019
Joint appendix filed.
Jul 08 2019
SET FOR ARGUMENT on Wednesday, November 13, 2019.
Jun 26 2019
Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including August 5, 2019.
Jun 09 2019
Motion of petitioner for an extension of time filed.
May 20 2019
Petition GRANTED.
May 13 2019
DISTRIBUTED for Conference of 5/16/2019.
Apr 23 2019
DISTRIBUTED for Conference of 5/9/2019.
Apr 18 2019
Rule 29.6 Corporate Disclosure Statement filed.
Apr 17 2019
Reply of petitioner Ritzen Group, Inc. filed.
Apr 12 2019
Brief of respondent Jackson Masonry, LLC in opposition filed.
Mar 13 2019
Response Requested. (Due April 12, 2019)
Mar 06 2019
DISTRIBUTED for Conference of 3/22/2019.
Jan 14 2019
Petition for a writ of certiorari filed. (Response due February 19, 2019)