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Coney Island Auto Parts Unlimited, Inc. v. Jeanne Ann Burton, Chapter 7 Trustee for Vista-Pro Automotive, LLC
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-5881 · judgment July 26, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below, and down for a business respondent.
Question presented
Well-settled legal principles dictate that a judgment entered in the absence of personal jurisdiction is void. Federal Rule of Civil Procedure 60(b)(4) authorizes federal courts to vacate a judgment when it is void. A motion seeking vacatur, however, "must be made within a reasonable time." Fed. R. Civ. P. 60(c)(1). Each of the United States Courts of Appeals other than the Sixth Circuit holds that there is effectively no time limit for moving to vacate a judgment, notwithstanding Rule 60(c)(1)'s "reasonable time" requirement, when the judgment is obtained in the absence of personal jurisdiction. The common thinking among these circuits is that a judgment entered without personal jurisdiction is void ab initio. The United States Court of Appeals for the Sixth Circuit is the sole outlier. In this case, it held that Rule 60(c)(1) governs the timing of a motion seeking vacatur of a void judgment pursuant to Rule 60(b)(4). The question presented is: Whether Federal Rule of Civil Procedure 60(c)(1) imposes any time limit to set aside a void default judgment for lack of personal jurisdiction.
Counsel of record
For petitioner
Daniel Ginzburg
The Ginzburg Law Firm, P.C.
For respondent
Lisa Schiavo Blatt
Williams & Connolly LLP
Case
Conference history
Distributed for 2 conferences
Argument & decision
Argued November 4, 2025 — Daniel Ginzburg · Lisa S. Blatt. Audio and transcript
Decided January 20, 2026. Opinion by Alito.
Proceedings
- Feb 23 2026Judgment Issued.
- Jan 20 2026Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment.
- Nov 04 2025Argued. For petitioner: Daniel Ginzburg, Freehold, N. J. For respondent: Lisa S. Blatt, Washington, D. C.
- Oct 17 2025Reply of petitioner Coney Island Auto Parts Unlimited Inc. filed. (Distributed)
- Sep 30 2025CIRCULATED
- Sep 19 2025Brief of respondent Jeanne Ann Burton, Chapter 7 Trustee for Vista-Pro Automotive, LLC filed.
- Sep 18 2025SET FOR ARGUMENT on Tuesday, November 4, 2025.
- Aug 25 2025Record received electronically from the United States Court of Appeals for the Sixth Circuit and available with the Clerk.
- Aug 25 2025Record received from the United States District Court for the Middle District of Tennessee. The record is electronic and is available on PACER.
- Aug 20 2025Record requested from the United States Court of Appeals for the Sixth Circuit.
- Aug 12 2025SET FOR ARGUMENT on Wednesday, November 5, 2025.
- Aug 05 2025Brief of petitioner Coney Island Auto Parts Unlimited Inc. filed.
- Jul 03 2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Jun 17 2025Motion to dispense with printing the joint appendix filed by petitioner Coney Island Auto Parts Unlimited Inc.
- Jun 13 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 5, 2025. The time to file respondent's brief on the merits is extended to and including September 19, 2025.
- Jun 11 2025Motion for an extension of time filed.
- Jun 06 2025Petition GRANTED.
- Jun 02 2025DISTRIBUTED for Conference of 6/5/2025.
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- May 13 2025Reply of petitioner Coney Island Auto Parts Unlimited, Inc. filed. (Distributed)
- Apr 29 2025Brief of respondent Jeanne Ann Burton, Chapter 7 Trustee for Vista-Pro Automotive, LLC in opposition filed.
- Mar 24 2025Motion to extend the time to file a response is granted and the time is further extended to and including May 2, 2025.
- Mar 21 2025Motion to extend the time to file a response from April 2, 2025 to May 2, 2025, submitted to The Clerk.
- Feb 19 2025Motion to extend the time to file a response is granted and the time is extended to and including April 2, 2025.
- Feb 17 2025Motion to extend the time to file a response from March 3, 2025 to April 2, 2025, submitted to The Clerk.
- Nov 25 2024Petition for a writ of certiorari filed. (Response due March 3, 2025)