Supreme Court of the United States · Official docket →

Y. W. v. Patricia Aufiero, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 19-2914 · judgment April 27, 2020

Certiorari denied · January 11, 2021

Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

i QUESTIONS FOR REVIEW

Whether the mere using of the word “dismissed” is enough to make an order final within the meaning of 28 U.S.C. 1291, where the without prejudice dismissal is the result of an anticipated settlement and allows the claim to continue at a later date if the settlement fails?
Whether the Court’s holding in Microsoft Corp. v. Baker, 137 S. Ct. 1702, 198 L. Ed. 2d 132 (2017) applies to a claim dismissed without prejudice?
Whether finality would attach to an order dismissing an action without prejudice where further developments might continue the claim?

For petitioner
Leopold Gross
Gross & Associates PLLC

For respondent
Stephen R. Fogarty
Fogarty and Hara, Esqs.

Conference history
Distributed for 1 conference

Jan 11 2021
Petition DENIED.
Dec 24 2020
Change of Address of Y. W. not accepted for filing. (December 29, 2020 - address to be updated through the electronic filing system)
Dec 24 2020
Reply of petitioner Y. W. filed. (Distributed)
Dec 23 2020
DISTRIBUTED for Conference of 1/8/2021.
Dec 15 2020
Certification of Service filed with respect to the repondents New Milford Board of Education, et al.
Dec 09 2020
Brief of respondents New Milford Board of Education, et al. in opposition filed.
Oct 28 2020
Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2020.
Oct 27 2020
Motion to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
Oct 01 2020
Petition for a writ of certiorari filed. (Response due November 9, 2020)