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Nicole K., by Next Friend Linda R., et al. v. Terry J. Stigdon, Director, Indiana Department of Child Services, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-1525 · judgment March 5, 2021

Certiorari denied · January 10, 2022
Pre-decision estimate: 8% cert probability (95% interval 5%–14%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Whether a federal court “has discretion to put any federal proceeding on hold while a state works its way through an administrative process,” as the Seventh Circuit held in affirming dismissal, or whether abstention is instead permissible only where the case involves certain narrowly defined “extraordinary circumstances” not present here.

Counsel of record

For petitioner
Deanne Elizabeth Maynard
Morrison & Foerster LLP

For respondent
Thomas M. Fisher

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 22 2021
    Reply of petitioners Nicole K., by next friend Linda R., et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Dec 08 2021
    Brief of respondents Terry J. Stigdon, in her official capacity as Director of the Indiana Department of Child Services, et al. in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  5. Nov 23 2021
    Motion to extend the time to file a response from November 24, 2021 to December 8, 2021, submitted to The Clerk.
    Main Document
  6. Nov 23 2021
    Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2021.
  7. Oct 25 2021
    Response Requested. (Due November 24, 2021)
  8. Oct 21 2021
    Brief amici curiae of Institute for Justice, et al., filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  9. Oct 20 2021
    DISTRIBUTED for Conference of 11/5/2021.
  10. Oct 15 2021
    Waiver of right of respondent Terry J. Stigdon, in her official capacity as Director of the Indiana Department of Child Services, et al. to respond filed.
    Main Document
  11. Oct 15 2021
    Blanket Consent filed by Petitioners, Nicole K., by next friend Linda R., et al.
    Blanket Consent
  12. Sep 23 2021
    Petition for a writ of certiorari filed. (Response due November 1, 2021)
    PetitionAppendixCertificate of Word CountProof of Service