Supreme Court of the United States · Official docket →
Marco Gonzalez v. Salem Shahin, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-2012 · judgment August 16, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and an Eighth Circuit decision below.
Question presented
This Court has made clear that the time requirements contained in the civil rules are claim-processing requirements that are subject to waiver and forfeiture, rather than mandatory and jurisdictional. Yet, largely as an artifact of what this Court described as a prior “profligate” use of the term “jurisdiction,” the lower courts have retained the jurisdictional bar when a district court has improperly extended the time for post-judgment motions granted without objection. The first Question Presented is: Does an unobjected-to extension of time to file a post-judgment motion, even though unauthorized by the civil rules, permit appellate review of the underlying judgment when the notice of appeal is timely when measured from the disposition of that motion? This case also presents a second Question: Are a judge’s comments belittling the import of evidence that courts usually treated as establishing a prima facie case and impugning the motives of counsel, which the judge later wrote was only a “joke,” cured at the end of a trial by a generic instruction that the jury should reach its own verdict?
Counsel of record
For petitioner
Robert S. Peck
Center for Constitutional Litigation, PC
For respondent
Kenneth Hunt Bayliss III
Quinlivan & Hughs, P.A.
Proceedings
- Jun 24 2024Petition DENIED.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- May 30 2024Reply of petitioner Marco Gonzalez filed.
- May 20 2024Brief of respondents Salem Shahin, et al. in opposition filed.
- Apr 24 2024Motion to extend the time to file a response is granted in part and the time is extended to and including May 20, 2024, for all respondents.
- Apr 23 2024Motion to extend the time to file a response from May 13, 2024 to June 27, 2024, submitted to The Clerk.
- Apr 23 2024Response to motion to extend the time to file a response from petitioner filed.
- Apr 11 2024Response Requested. (Due May 13, 2024)
- Apr 10 2024DISTRIBUTED for Conference of 4/26/2024.
- Mar 01 2024Waiver of right of respondents Salem Shahin, et al. to respond filed.
- Feb 06 2024Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2024, for all respondents.
- Feb 05 2024Motion to extend the time to file a response from February 23, 2024 to March 25, 2024, submitted to The Clerk.
- Jan 19 2024Petition for a writ of certiorari filed. (Response due February 23, 2024)
- Dec 14 2023Application (23A540) granted by Justice Kavanaugh extending the time to file until January 19, 2024.
- Dec 08 2023Application (23A540) to extend the time to file a petition for a writ of certiorari from December 20, 2023 to January 19, 2024, submitted to Justice Kavanaugh.