Supreme Court Report

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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


Certiorari denied · October 5, 2026

Questions presented

  1. 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.

  2. 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.

  3. 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

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

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Sep 10 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Aug 19 2026
    Waiver of right of respondent Ace Fire Underwriters Insurance Company to respond filed.
  4. May 27 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 3, 2026)