Supreme Court Report

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Amory Investments LLC, et al. v. Utrecht-America Holdings, Inc., et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-1858 · judgment July 21, 2023


Certiorari denied · January 16, 2024
Pre-decision estimate: 10% cert probability (95% interval 5%–17%)

Before the decision, about 2.3× 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 business petitioner, and down for a business respondent and a petition filed soon after the judgment below.

Question presented

Is the Seventh Circuit correct in its view (contrary to that of other courts of appeals) that a district court may, in response to a motion made pursuant to Federal Rule of Civil Procedure 12(b)(6), “effectively grant summary judgment” under Federal Rule of Civil Procedure 56 without providing plaintiffs their procedural rights under Rule 56, on the basis that Rule 12 and Rule 56 can “merge”?

Counsel of record

For petitioner
Scott E. Gant
Boies Schiller Flexner LLP

For respondent
—

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 16, 2024 · Certiorari denied

Proceedings

  1. Jan 16 2024
    Petition DENIED.
  2. Dec 27 2023
    DISTRIBUTED for Conference of 1/12/2024.
  3. Nov 13 2023
    Petition for a writ of certiorari filed. (Response due December 15, 2023)