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Gary Waetzig v. Halliburton Energy Services, Inc.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 22-1252 · judgment September 11, 2023
Before the decision, about 2.7× 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 dissent in the court below (flagged in the petition), and down for a business respondent.
Question presented
Federal Rule of Civil Procedure 60(b) empowers district courts, on just terms and under circumstances specified in that Rule, to "relieve a party or its legal representative from a final judgment, order, or proceeding." The question presented, which has divided the courts of appeals, is whether a Rule 41 voluntary dismissal without prejudice is a "final judgment, order, or proceeding" under Rule 60 (b).
Counsel of record
For petitioner
Vincent Gregory Levy
Holwell Shuster & Goldberg, LLP
For respondent
Matthew Dempsey McGill
Gibson, Dunn & Crutcher LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 merits
(1 respondent)
Argument & decision
Argued January 14, 2025 — Vincent Levy · Matthew D. McGill. Audio and transcript
Decided February 26, 2025. Opinion by Alito.
Proceedings
- Mar 31 2025Judgment Issued.
- Feb 26 2025Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court.
- Jan 14 2025Argued. For petitioner: Vincent Levy, New York, N. Y. For respondent: Matthew D. McGill, Washington, D. C.
- Jan 03 2025Reply of petitioner Gary Waetzig filed. (Distributed)
- Dec 26 2024Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
- Dec 18 2024Brief of respondent Halliburton Energy Services, Inc. filed. (Distributed)
- Dec 03 2024CIRCULATED
- Nov 18 2024Brief of petitioner Gary Waetzig filed.
- Nov 07 2024Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER.
- Nov 06 2024Record requested from the United States Court of Appeals for the Tenth Circuit.
- Nov 04 2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Oct 31 2024SET FOR ARGUMENT on Tuesday, January 14, 2025.
- Oct 17 2024Motion to dispense with printing the joint appendix filed by petitioner Gary Waetzig.
- Oct 04 2024Petition GRANTED.
- Jun 26 2024DISTRIBUTED for Conference of 9/30/2024.
- Jun 24 2024Reply of petitioner Gary Waetzig filed. (Distributed)
- Jun 10 2024Brief of respondent Halliburton Energy Services, Inc. in opposition filed.
- May 02 2024Motion to extend the time to file a response is granted and the time is extended to and including June 10, 2024.
- Apr 30 2024Motion to extend the time to file a response from May 10, 2024 to June 10, 2024, submitted to The Clerk.
- Apr 10 2024DISTRIBUTED for Conference of 4/26/2024.
- Apr 10 2024Response Requested. (Due May 10, 2024)
- Apr 05 2024Waiver of right of respondent Halliburton Energy Services, Inc. to respond filed.
- Mar 04 2024Petition for a writ of certiorari filed. (Response due April 5, 2024)