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Deborah Walton v. First Merchants Bank, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-1338 · judgment June 28, 2019


Certiorari denied · October 7, 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 7 th Circuit Court of Appeals neglected to apply Procedural Due Process to the Petitioners Ap­ peal in accordance with the Fifth and Fourteenth Amendments, by Affirming the Southern District of In­ diana’s decision, dismissing the Appellant’s Complaint under Federal Trial Rule 12(B)6 with prejudice, espe­ cially when the District Court, Ordered the Appellant to Amend her Complaint, and remove an Exhibit, that supported her Equal Credit Opportunity Act (ECOA) claim, prior to Dismissing all claims. Whether the 7th Circuit Court of Appeals erred, when ruling that: “In any case, the Bank did not act unreasonably because the Attorneys representing it were statutorily authorized to acquire her information. 15 U.S.C. § 6802(e)(4). The one possible misstep - filing an un-redacted document - was, again, not the action of the Defendants and was, in any case, quickly reme­ died.” Therefore, who is liable for Publishing over 118 Documents of the Appellant’s Personal information onto the Federal Court Docketing System (Pacer), the Bank (Furnisher) or the Attorney (Publisher), that ig­ nored a Court Order to Redact all of the Appellants, Personal Information, that was Published on the Fed­ eral Court Docketing System (Pacer), that is not pro­ tected under the statute, 15 U.S.C. § 6802(e)(4), and did not comply with Federal Rule 5-2.

Counsel of record

For petitioner
Deborah Walton

For respondent
Karl Losse Mulvaney
Dentons Bingham Greenebaum LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 31 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 23 2019
    Waiver of right of respondents First Merchants Bank, et al. to respond filed.
  4. Jul 16 2019
    Petition for a writ of certiorari filed. (Response due August 19, 2019)