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Christopher Michael Marino, et ux. v. Ocwen Loan Servicing, LLC

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-60040, 18-60041 · judgment February 10, 2020


Certiorari denied · March 22, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Ninth Circuit decision below, and down for a business respondent.

Question presented

Whether, under 11 U.S.C. 105(a), debtors may recover attorney’s fees incurred on appeal to remedy a discharge violation. (I)

Counsel of record

For petitioner
Daniel L. Geyser
Haynes and Boone, LLP

For respondent
Anton Metlitsky
O'Melveny & Myers

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 22 2021
    Petition DENIED.
  2. Mar 05 2021
    Reply of petitioners Christopher Michael Marino, et ux. filed. (Distributed)
  3. Mar 03 2021
    DISTRIBUTED for Conference of 3/19/2021.
  4. Feb 05 2021
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from February 10, 2021 to March 3, 2021, submitted to The Clerk.
  5. Feb 05 2021
    Motion to delay distribution of the petition for a writ certiorari until March 3, 2021 granted.
  6. Jan 26 2021
    Brief of respondent Ocwen Loan Servicing, LLC in opposition filed.
  7. Nov 03 2020
    Motion to extend the time to file a response is granted and the time is extended to and including January 26, 2021.
  8. Nov 02 2020
    Motion to extend the time to file a response from November 27, 2020 to January 26, 2021, submitted to The Clerk.
  9. Oct 27 2020
    Response Requested. (Due November 27, 2020)
  10. Oct 14 2020
    DISTRIBUTED for Conference of 10/30/2020.
  11. Oct 07 2020
    Waiver of right of respondent Ocwen Loan Servicing, LLC to respond filed.
  12. Sep 24 2020
    Petition for a writ of certiorari filed. (Response due October 29, 2020)