Supreme Court of the United States · Official docket →
David Grober, et al. v. Mako Products, Inc.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1507 · judgment December 6, 2018
Certiorari denied · October 21, 2019
Pre-decision estimate: 0% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the mandatory expense sanctions of FRCP Rule 37, can be circumvented by a court ignoring, or reducing them, including to zero, absent the losing party's required burden showing substantial justification, or to be unjust, AND the court’s reasoned statement why a reduction comports to that burden.
Counsel of record
For petitioner
David Grober
For respondent
Brian William Warwick
Varnell & Warwick, P.A.
Proceedings
- Oct 21 2019Petition DENIED.
- Oct 14 2019Waiver of right of respondents Varnell & Warwick, P.A. to respond filed.
- Oct 02 2019DISTRIBUTED for Conference of 10/18/2019.
- Jun 04 2019Petition for a writ of certiorari filed. (Response due September 16, 2019)
- Apr 11 2019Application (18A1036) granted by The Chief Justice extending the time to file until June 4, 2019.
- Apr 03 2019Application (18A1036) to extend the time to file a petition for a writ of certiorari from April 15, 2019 to June 4, 2019, submitted to The Chief Justice.