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Madelyn Marina Quiroz, et al. v. Eduardo Hernandez, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 25-40032 · judgment December 31, 2025


1%
estimated cert probability
(petition-stage, structural)
At the Nov 6 conference: granted 0.08% · GVR 0.30% · relisted 9.8% · denied 90%
Granted ever, conference-stage estimate: 1.0%

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

Question presented

Federal Rule of Civil Procedure 15(c)(1)(C) provides that an amendment naming a new defendant relates back to the original pleading if, "within the period provided by Rule 4(m)," the newly named defendant received notice of the action and "knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party’s identity." In Krupski v. Costa Crociere S.p.A., 560 U.S. 538 (2010), this Court held that the relation back turns on what the newly named defendant knew or should have known during that period — not on the plaintiff ’s knowledge or diligence. The question presented is whether Rule 15(c)(1)(C)(ii)'s mistake requirement may be denied because the prospective defendant is a legally distinct entity bearing a dissimilar name and was added rather than substituted—or whether, as Krupski holds, that inquiry turns on what the prospective defendant knew or should have known within the Rule 4(m) period about whether its omission resulted from a mistake concerning the proper party's identity.

Counsel of record

For petitioner
U.A. Lewis
The Lewis Law Group, PLLC

For respondent
Phillip Weigand Bechter
Vorys, Sater, Seymour and Pease LLP

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
25A1430

Proceedings

  1. Oct 07 2026
    DISTRIBUTED for Conference of 11/6/2026.
  2. Sep 09 2026
    Waiver of right of respondents Allegiance Mobile Health and Steve Smith to respond filed.
  3. Sep 04 2026
    Waiver of right of respondents City of Dayton, Texas; City of Dayton Fire Department; Theo Melancon; Robert Vine; John D. Coleman; Terri Hughes, Caroline Wedzeck; Kristen Seibert; Murphy Green; City of Liberty, Texas; Katelyn Grimes to respond filed.
  4. Jul 14 2026
    Petition for a writ of certiorari filed. (Response due September 28, 2026)
  5. Jun 26 2026
    Application (25A1430) granted by Justice Alito extending the time to file until July 14, 2026.
  6. Jun 15 2026
    Application (25A1430) to extend the time to file a petition for a writ of certiorari from June 14, 2026 to August 13, 2026, submitted to Justice Alito.