Supreme Court of the United States · Official docket →
Ezequiel Rivera v. Sedgwick Claims Management Services, et al.
IFP petition · United States Court of Appeals for the Eighth Circuit, No. 25-2773 · judgment April 7, 2026
Questions presented
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Whether Rule 10(c) permits a district court to disregard or discount exhibits attached to or incorporated into a complaint when assessing plausibility, while relying on other record materials or prior proceedings to support dismissal under Rule 12.
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Whether Rule 12(d) requires conversion when a district court's Rule 12 dismissal depends on materials outside the pleadings, including prior proceedings or defense-supplied factual characterizations, without excluding those materials or giving the nonmovant a reasonable opportunity to respond.
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Whether a court of appeals may affirm a Rule 12 dismissal without resolving what materials constituted the pleadings under Rule 10(c) and what materials, if any, triggered Rule 12(d) conversion.
Counsel of record
For petitioner
Ezequiel Rivera
For respondent
Joel T. Wiegert
Hinshaw & Culbertson, LLP
Case
Conference history
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Proceedings
- Aug 19 2026Waiver of right of respondent Ace Fire Underwriters Insurance Company to respond filed.
- May 27 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 3, 2026)