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Hotze Health Wellness Center International One, LLC, et al. v. Environmental Research Center, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-17463 · judgment March 21, 2019


Certiorari denied · March 23, 2020
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

FED. R. APP. P. 35(a)(1) provides appellate parties the opportunity for rehearing en banc as an important mechanism to avoid intra-circuit splits. FED. R. APP. P. 47(a)(1) allows local appellate rules that are consistent with the federal rules and relevant statutes. A three-judge motions panel summarily dismissed the appeal for lack of appellate jurisdiction, without addressing petitioners’ argument that circuit precedent deemed the challenged action a nonjurisdictional abuse of discretion. Petitioners sought rehearing en banc under the local rules. Acting under those local rules, the three-judge motions panel denied en banc review for the en banc court (i.e., without notifying or polling the en banc court). The question presented is: Whether the Ninth Circuit’s local rules for en banc review violate FED. R. APP. P. 47(a)(1) by allowing a three-judge motions panel to deny en banc review for the en banc court, which conflicts with FED. R. APP. P. 35(a)(1)’s provisions for en banc review.

Counsel of record

For petitioner
Lawrence J. Joseph
Law Office of Lawrence J. Joseph

For respondent
Jason Robert Flanders
Aqua Terra Aeris Law Group

Case

Conference history
Distributed for 2 conferences

Linked docket
19A605

Proceedings

  1. May 18 2020
    Rehearing DENIED.
  2. Apr 28 2020
    DISTRIBUTED for Conference of 5/15/2020.
  3. Apr 17 2020
    Petition for Rehearing filed.
  4. Mar 23 2020
    Petition DENIED.
  5. Mar 04 2020
    DISTRIBUTED for Conference of 3/20/2020.
  6. Feb 28 2020
    Supplemental brief of petitioner Hotze Health & Wellness Center International One, L.L.C. filed.
  7. Feb 25 2020
    Waiver of right of respondent environmental research center, inc. to respond filed.
  8. Feb 06 2020
    Petition for a writ of certiorari filed. (Response due March 12, 2020)
  9. Nov 27 2019
    Application (19A605) to extend the time to file a petition for a writ of certiorari from December 9, 2019 to February 7, 2020, submitted to Justice Kagan.
  10. Nov 27 2019
    Application (19A605) granted by Justice Kagan extending the time to file until February 7, 2020.