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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
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
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
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Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 16 2024Petition DENIED.
- Dec 27 2023DISTRIBUTED for Conference of 1/12/2024.
- Nov 13 2023Petition for a writ of certiorari filed. (Response due December 15, 2023)