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Patricia Hermann v. Jonathan B. McFarland, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-10644 · judgment September 28, 2022


Certiorari denied · May 30, 2023
Pre-decision estimate: 1% cert probability

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

Question presented

Where a party moves three days before the deadline for an extension of time to file a responsive pleading pursuant to Fed. R. Civ. Proc. 6(b)(1)(A), alleges “good cause” for the extension, and the record is devoid of bad faith or undue prejudice to the nonmovant, does the district court abuse its discretion by denying the motion and denying any additional time to file a responsive pleading. Where a party moves for reconsideration of denial of a motion for an extension of time pursuant to Fed. R. Civ. Proc. 6(b)(1)(A) where the order denying the motion made no finding of bad faith, made no finding of undue prejudice to the nonmovant, and was based on substantial errors of law and fact, does the district court abuse its discretion in denying the motion to reconsider.

Counsel of record

For petitioner
Joseph Henry McMahon
Griffin Williams McMahon & Walsh, LLP

For respondent
Laura Joan Murphree
Cobb County District Attorney's Office

Case

Conference history
Distributed for 2 conferences

Linked docket
22M101

Proceedings

  1. May 30 2023
    Petition DENIED.
  2. May 09 2023
    DISTRIBUTED for Conference of 5/25/2023.
  3. May 05 2023
    Waiver of right of respondents Jonathan McFarland, et al. to respond filed.
  4. May 01 2023
    Motion (22M101) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  5. Apr 12 2023
    MOTION (22M101) DISTRIBUTED for Conference of 4/28/2023.
  6. Dec 27 2022
    Motion (22M101) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  7. Dec 27 2022
    Petition for a writ of certiorari filed. (Response due May 31, 2023)