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Paul S. Morrissey, et al. v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-5024, 20-5042 · judgment November 9, 2021
Before the decision, about 5.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a circuit split argued in the petition.
Question presented
The Federal Rules of Civil Procedure authorize district courts to dismiss a plaintiff ’s case in numerous circumstances for failure to comply with the Rules. When such a dismissal would be with prejudice— thereby ending the case forever—a heightened standard applies: The court may not dismiss unless it finds that the plaintiff ’s failure to comply was willful and that a lesser sanction would be inadequate. In some cases, dismissal for failure to follow the Rules would nominally be without prejudice, but effectively with prejudice, because the statute of limitations or another barrier would preclude refiling the suit. The courts of appeals have divided over how to handle those cases. Four circuits apply the same heightened standard to all case-ending dismissals, no matter how they are labeled. Three circuits hold that without-prejudice dismissals are subject to a more lenient standard, even if the dismissal would end a case. In the decision below, a divided D.C. Circuit panel joined the minority view. The question presented is: Whether a discretionary dismissal without prejudice, which nevertheless functions as a dismissal with prejudice because it would end a case forever, is governed by a higher standard than a typical without-prejudice dismissal. (i)
Counsel of record
For petitioner
Andrew Timothy Tutt
Arnold & Porter Kaye Scholer
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jan 09 2023Motion for leave to file amici brief filed by Professors of Civil Procedure GRANTED.
- Jan 09 2023Petition DENIED.
- Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 19 2022Reply of petitioners Paul S. Morrissey, et al. filed. (Distributed)
- Dec 07 2022Brief of respondents Alejandro N. Mayorkas, Secretary of Homeland Security, et al. in opposition filed.
- Nov 22 2022Motion to extend the time to file a response is granted and the time is further extended to and including December 7, 2022.
- Nov 21 2022Motion to extend the time to file a response from December 2, 2022 to December 7, 2022, submitted to The Clerk.
- Oct 25 2022Motion to extend the time to file a response is granted and the time is further extended to and including December 2, 2022.
- Oct 24 2022Motion to extend the time to file a response from November 14, 2022 to December 2, 2022, submitted to The Clerk.
- Oct 13 2022Motion for leave to file amici brief filed by Professors of Civil Procedure.
- Oct 06 2022Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2022.
- Oct 05 2022Motion to extend the time to file a response from October 13, 2022 to November 14, 2022, submitted to The Clerk.
- Sep 09 2022Petition for a writ of certiorari filed. (Response due October 13, 2022)
- May 20 2022Application (21A741) granted by The Chief Justice extending the time to file until September 9, 2022.
- May 16 2022Application (21A741) to extend the time to file a petition for a writ of certiorari from July 11, 2022 to September 9, 2022, submitted to The Chief Justice.