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Patricia Guerrero, Chief Justice, Supreme Court of California, et al. v. Stephen Moreland Redd
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55464 · judgment October 20, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Ninth Circuit decision below.
Question presented
Whether, under United States v. Munsingwear, Inc., 340 U.S. 36 (1950), a court of appeals’ decision should be vacated because the appeal became moot by happenstance while a petition for rehearing was pending, as the D.C., Fourth, Eighth, and Eleventh Circuits hold, or instead can be left in place because further review is discretionary, as the Second, Third, Ninth, and Tenth Circuits hold.
Counsel of record
For petitioner
Theodore J. Boutrous Jr.
Gibson, Dunn & Crutcher LLP
For respondent
Robert Mark Loeb
Orrick, Herrington & Sutcliffe LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage
Proceedings
- Oct 06 2025Motion to substitute Melissa Powe, authorized representative, as respondent in place Stephen M. Redd, Deceased GRANTED.
- Oct 06 2025Petition DENIED.
- Sep 22 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 25 2025Rescheduled.
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 10 2025Reply of petitioners Patricia Guerrero, et al. filed. (Distributed)
- Jun 03 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
- May 28 2025Brief of respondent Stephen Moreland Redd in opposition filed.
- Apr 28 2025Brief amicus curiae of Conference of Chief Justices filed.
- Apr 28 2025Brief amici curiae of Alabama, et al. filed.
- Apr 03 2025Motion to extend the time to file a response is granted and the time is extended to and including May 28, 2025.
- Apr 02 2025Motion to extend the time to file a response from April 28, 2025 to May 28, 2025, submitted to The Clerk.
- Mar 27 2025Response Requested. (Due April 28, 2025)
- Mar 19 2025DISTRIBUTED for Conference of 4/4/2025.
- Mar 13 2025Waiver of right of respondent Stephen Moreland Redd to respond filed.
- Mar 13 2025Motion pursuant to Rule 35 for substitution of party filed by counsel for respondent.
- Feb 28 2025Petition for a writ of certiorari filed. (Response due April 3, 2025)