Supreme Court of the United States · Official docket →
Kiya Cunningham v. Wells Fargo Bank, N.A., et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-1977, 23-1978 · judgment May 9, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
This petition presents recurring questions concerning the procedural limits of Federal Rules of Civil Procedure 56, 37, and 15, and the due-process protections afforded to civil-rights litigants at the summary-judgment stage. The questions presented are;
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Whether Federal Rule of Civil Procedure 56 and the Due Process Clause permit a district court to strike a non-movant’s summary-judgment opposition and enter judgment without considering the nonmovant’s record materials, where the court did not afford a meaningful opportunity to respond.
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Whether a district court may decline to enforce its own discovery orders under Rule 37 and nonetheless grant summary judgment against a civil-rights plaintiff deprived of evidence necessary to oppose the motion.
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Whether denial of leave to amend that cures all identified deficiencies, contrary to Rule 15(a)(2) and Foman v. Davis, warrants reversal.
Counsel of record
For petitioner
Kiya Cunningham
For respondent
Kevin Joseph Dalton
Fisher Phillips LLP
Proceedings
- Jun 22 2026Rehearing DENIED.
- Jun 02 2026DISTRIBUTED for Conference of 6/18/2026.
- Apr 17 2026Petition for Rehearing filed.
- Mar 23 2026Petition DENIED.
- Mar 04 2026DISTRIBUTED for Conference of 3/20/2026.
- Feb 26 2026Waiver of right of respondent Wells Fargo Bank, N.A., et al. to respond filed.
- Feb 04 2026Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2026.
- Jan 23 2026Motion to extend the time to file a response from February 4, 2026 to March 6, 2026, submitted to The Clerk.
- Nov 14 2025Petition for a writ of certiorari filed. (Response due February 4, 2026)
- Sep 19 2025Application (25A315) granted by The Chief Justice extending the time to file until November 14, 2025.
- Sep 08 2025Application (25A315) to extend the time to file a petition for a writ of certiorari from September 15, 2025 to November 14, 2025, submitted to The Chief Justice.