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Aisha Trimble v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 25-10921 · judgment February 16, 2026


0%
estimated cert probability
(petition-stage, structural)
GVR risk 0%

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

Questions presented

Petitioner filed an FTCA suit against the USA, sent reasonable notice per the 2007 amendment to FRCP 4(i) and proved service prima facie, via FRCP 4(1)(1) and USPS. The USA entered 56 days late, filed an informal “didn’t-get-it” Notice and waited 63 more days to seek dismissal outside FRCP 6(b). After 203 days without an FRCP 12(a)(2) answer, the district court ordered stand down, and the Clerk entered default. Fifth Circuit violated the party-presentation principle, used obsolete 1993 law and split from 12 sister circuits and many state supreme courts to revive unpreserved FRCP 12(b),(2),(5),(6) defenses. Entry of default was never set aside. The questions presented are:

  1. Whether Rule 12 dismissal lawfully bypasses entry of default or violates the Petition, Due Process and Equal Protection Clauses?

  2. Whether the 2007 ‘sent to’ amendment of Rule 4(i)(l)(A)(ii) requires “civil process clerk” on envelopes like the 1993 ‘addressed to’ amendment?

  3. Whether Rule 8(b)(6) admissions satisfy the evidence scope of Rule 55(d)?

Counsel of record

For petitioner
Aisha Trimble

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 15 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 11 2026
    Waiver of right of respondent United States to respond filed.
  3. Jun 09 2026
    Petition for a writ of certiorari filed. (Response due July 13, 2026)