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Gale Zamore v. Deutsche Bank National Trust Company, Individually and as Trustee for JP Morgan Mortgage Acquisition Trust 2007-CH5 Asset Backed Pass-Through Certificates Series 2007-CH5, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-13635 · judgment March 25, 2019


Certiorari denied · January 13, 2020
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

QUESTION 1: In Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280 (2005), this Court held that federal courts have jurisdiction to consider claims even if the result would be inconsistent with a state court’s prior decision. Although Petitioner filed an independent claim based on her statutory rights in 15 U.S.C. §1635, jurisdiction was nevertheless declined. Can the Eleventh Circuit ignore Exxon Mobil and apply its own now discarded standard in Amos v. Glynn County Bd. of Tax Assessors, 347 F.3d 1249 (11th Cir. 2003). QUESTION 2: In Semtek Intern. Inc. v. Lockheed Martin Corp., 531 U.S. 497 (2001) this Court held that when determining claim preclusion based on state claims, the federal courts must apply state law. Here, the lower court applied federal law, rather than state law, to find that the complaint was barred under res judicata. Can the lower court disregard the well-established rule and dismiss the complaint based on federal res judicata principles? QUESTION 3: This Court held in Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790, 790 (2015) that a TILA rescission is a completed event upon the sending of a timely notice of rescission under 15 U.S.C. §1635. Thus, there is no (and there can be no) statute of limitation applied to this already completed event. Petitioner timely sent the

Counsel of record

For petitioner
Bruce Jacobs
Jacobs Legal, PLLC

For respondent
Edward King Poor
Quarles & Brady LLP

Case

Conference history
Distributed for 3 conferences

Linked docket
18A1330

Proceedings

  1. Mar 09 2020
    Rehearing DENIED.
  2. Feb 19 2020
    DISTRIBUTED for Conference of 3/6/2020.
  3. Feb 07 2020
    Petition for Rehearing filed.
  4. Jan 13 2020
    Petition DENIED.
  5. Dec 13 2019
    Reply of petitioner Gail Zamore filed.
  6. Dec 04 2019
    DISTRIBUTED for Conference of 1/10/2020.
  7. Nov 15 2019
    Brief of respondent Deutsche Bank National Trust Co. in opposition filed.
  8. Oct 16 2019
    Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2019.
  9. Oct 11 2019
    Motion to extend the time to file a response from October 18, 2019 to November 18, 2019, submitted to The Clerk.
  10. Sep 18 2019
    Response Requested. (Due October 18, 2019)
  11. Sep 04 2019
    DISTRIBUTED for Conference of 10/1/2019.
  12. Aug 20 2019
    Waiver of right of respondents Deutsche Bank National Trust Co. to respond filed.
  13. Aug 16 2019
    Waiver of Deutsche Bank National Trust Co. of right to respond not accepted for filing. (August 20, 2019)
  14. Jul 24 2019
    Petition for a writ of certiorari filed. (Response due August 26, 2019)
  15. Jun 18 2019
    Application (18A1330) granted by Justice Thomas extending the time to file until July 24, 2019.
  16. Jun 15 2019
    Application (18A1330) to extend the time to file a petition for a writ of certiorari from June 23, 2019 to July 24, 2019, submitted to Justice Thomas.