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Legacy Recovery Services, LLC, dba Legacy House, et al. v. City of Monroe, Louisiana, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-30211 · judgment November 6, 2024


Certiorari denied · May 19, 2025
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Do the lower federal courts have authority to create pleading requirements for civil rights complaints above what is required under the Federal Rules of Civil Procedure?

  2. Is a complaint subject to dismissal under Rule 12 where the dismissal order announced heighten pleadings standards while denying plaintiffs any chance to amend the dismissed claims to conform to the new pleading standards and no reason was given for refusal to permit amendment?

  3. Is the erroneous refusal to permit amendment of claims dismissed with prejudice under Rule 12 sufficiently “final” for the purposes of invoking appellate jurisdiction under 28 U.S.C. § 1291?

  4. Does Rule 15’s mandate to grant leave to amend “when justice so requires”, confer appellate jurisdiction, ipso facto, over erroneous denials of that mandate?

  5. Is a result described by this Court as “entirely contrary to the spirit of the Federal Rules of Civil Procedure” a sufficiently “important public interest” or “value of high order” to warrant review under the collateral order doctrine?

  6. Should this Court resolve disagreement among the Circuits to harmonize the finality rule as it relates to amendment, particularly in terms of claims dismissed under Rule 12?

Counsel of record

For petitioner
Sedric Hutton Banks
Attorney at Law

For respondent
Courtney T. Joiner
McGlinchey Stafford, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 19 2025
    Petition DENIED.
  2. Apr 23 2025
    DISTRIBUTED for Conference of 5/15/2025.
  3. Mar 31 2025
    Waiver of right of respondent City of Monroe, et al. to respond filed.
  4. Mar 10 2025
    Petition for a writ of certiorari filed. (Response due April 11, 2025)