Supreme Court of the United States · Official docket →

Guy Gentile v. Securities and Exchange Commission

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-1242 · judgment September 26, 2019

Certiorari denied · April 20, 2020

Pre-decision estimate: 7% cert probability (95% interval 5%–11%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Under 28 U.S.C. § 2462, any “action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five years from the date when the claim first accrued.” The question presented is: Does the five-year statute of limitations in 28 U.S.C. § 2462 apply to “obey the law” injunctions and penny stock industry bars pursuant to 15 U.S.C. § 78u(d)(1), (6)?

Counsel of record

For petitioner
Adam Caleb Ford
Ford O'Brien LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

Apr 20 2020
Petition DENIED.
Apr 01 2020
DISTRIBUTED for Conference of 4/17/2020.
Mar 30 2020
Reply of petitioner Guy Gentile filed. (Distributed)
Mar 16 2020
Brief of respondent Securities and Exchange Commission in opposition filed.
Feb 05 2020
Motion to extend the time to file a response is granted and the time is extended to and including March 16, 2020.
Feb 04 2020
Motion to extend the time to file a response from February 14, 2020 to March 16, 2020, submitted to The Clerk.
Dec 23 2019
Petition for a writ of certiorari filed. (Response due February 14, 2020)