Supreme Court of the United States · Official docket →
Estelle Stein v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-14625 · judgment April 23, 2019
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and counsel who has filed here before.
Questions presented
After a court of appeals vacated summary judgment in its favor, the Government filed a new summary judgment motion against a defendanttaxpayer, with additional evidence—arguing that a declaration the taxpayer had filed opposing the Government’s earlier, pre-appeal summary judgment motion lacked sufficient detail. The district court then prohibited the taxpayer from submitting any evidence opposing the new motion (like a new declaration), and granted the motion on the basis that the declaration the taxpayer filed opposing the earlier motion lacked sufficient detail. The court of appeals affirmed. The following questions contemplate evidence filed in compliance with the Federal Rules of Civil Procedure, including Rule 56:
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Does a party have a right under the Due Process Clause to file evidence in opposition to a motion for summary judgment?
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May a district court prohibit a party from filing evidence in opposition to a motion for summary judgment?
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Did the district court err by granting summary judgment?
Counsel of record
For petitioner
John Granville Crabtree
Crabtree & Auslander
For respondent
Noel John Francisco
Jones Day
Proceedings
- Nov 04 2019Petition DENIED.
- Oct 16 2019DISTRIBUTED for Conference of 11/1/2019.
- Oct 07 2019Waiver of right of respondent United States of America to respond filed.
- Sep 20 2019Petition for a writ of certiorari filed. (Response due October 24, 2019)
- Jul 17 2019Application (19A64) granted by Justice Thomas extending the time to file until September 20, 2019.
- Jul 11 2019Application (19A64) to extend the time to file a petition for a writ of certiorari from July 22, 2019 to September 20, 2019, submitted to Justice Thomas.