Supreme Court Report

Supreme Court of the United States · Official docket →

Thomas Rimini v. Department of Labor

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-4003 · judgment May 13, 2021

Certiorari denied · October 12, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Should an unopposed default judgement be granted because the Department of Labor (“DOL”) did not submit the full administrative record to the court as required by FRAP 17 and the Administrative Procedure Act, or comply with local rules on the requirement, including while this matter is administratively active before the DOL and proceeding as 2021-SOX-00020, irretrievably prejudicing this matter and thwarting a full and fair review? / 2. May a Circuit Court declare as res judicata a matter currently proceeding before the Supreme Court and the Department of Labor?

  2. Did the Circuit Court lack subject matter jurisdiction to rule while an earlierfiled Sarbanes-Oxley matter with identical causes of action is not administratively exhausted before the Department of Labor?

Counsel of record

For petitioner
Thomas Rimini

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 12 2021
    Petition DENIED.
  2. Sep 15 2021
    DISTRIBUTED for Conference of 10/8/2021.
  3. Sep 07 2021
    Waiver of right of respondent Department of Labor to respond filed.
    Main Document
  4. Aug 03 2021
    Petition for a writ of certiorari filed. (Response due September 13, 2021)
    PetitionAppendixProof of Service