Supreme Court of the United States · Official docket →
Mary Minton Eitel v. Stoll Keenon Ogden PLLC
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 25-5630 · judgment March 11, 2026
Question presented
Whether a federal court sitting in diversity may cite to docket entries in separate proceedings, uncited by either party and extrinsic to the complaint, as the basis for dismissal of the complaint under 12(b)(6) without permitting amendment or converting the motion to one for summary judgment under Rule 56. In effect, may the federal district courts delve into the role of advocate and utilize extrinsic evidence which is neither critical to nor relied upon by a non-moving Plaintiff opposing a 12(b)(6) motion on state statute of limitations grounds without abusing discretion?
Counsel of record
For petitioner
Mary Eitel
For respondent
Amy Denise Cubbage
Tachau Meek PLC
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
25A1460
Order
Order list, October 13, 2026 · Certiorari denied
Proceedings
- Oct 13 2026Petition DENIED.
- Sep 24 2026DISTRIBUTED for Conference of 10/9/2026.
- Sep 18 2026Waiver of right of respondent Stoll Keenon Ogden PLLC to respond filed.
- Sep 08 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2026)
- Jul 01 2026Application (25A1460) granted by Justice Kavanaugh extending the time to file until September 5, 2026.
- Jun 26 2026Application (25A1460) to extend the time to file a petition for a writ of certiorari from July 7, 2026 to September 5, 2026, submitted to Justice Kavanaugh.