No. 18-1137

Les Schwab Tire Centers of Portland, Inc., et al. v. Scott Wilcox, Individually and as the Personal Representative of the Estate of Jenna Wilcox

Lower Court: Oregon
Docketed: 2019-03-04
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-procedure civil-proceeding civil-rights due-process federal-courts legal-proceeding military-service representative-capacity servicemembers-civil-relief-act standing state-courts statute-of-limitations tolling
Key Terms:
ERISA
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Tolling of statute of limitations for servicemember's representative claim

Question Presented (OCR Extract)

QUESTION PRESENTED The Servicemembers Civil Relief Act (“SCRA”) tolls “any action or proceeding ... by or against the servicemember or the servicemember’s heirs, executors, administrators, or assigns” for the “period of a servicemember’s military service.” 50 U.S.C. § 3936(a). The question presented is whether the SCRA tolls a statute of limitations applicable to a claim brought by a servicemember in a purely representative capacity for another.

Docket Entries

2019-06-10
Petition DENIED.
2019-05-21
DISTRIBUTED for Conference of 6/6/2019.
2019-05-17
Reply of petitioners Les Schwab Tire Centers of Portland, Inc., et al. filed.
2019-05-03
Brief of respondent Scott Wilcox, Individually and as the Personal Representative of the Estate of Jenna Wilcox in opposition filed.
2019-03-27
Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2019.
2019-03-25
Motion to extend the time to file a response from April 3, 2019 to May 3, 2019, submitted to The Clerk.
2019-03-01
Petition for a writ of certiorari filed. (Response due April 3, 2019)

Attorneys

Les Schwab Tire Centers of Portland, Inc., et al.
Thomas Henderson Dupree Jr.Gibson, Dunn & Crutcher, LLP, Petitioner
Thomas Henderson Dupree Jr.Gibson, Dunn & Crutcher, LLP, Petitioner
Scott Wilcox, Individually and as the Personal Representative of the Estate of Jenna Wilcox
Scott Michael DuquinHoganWillig, PLLC, Respondent
Scott Michael DuquinHoganWillig, PLLC, Respondent
Rebecca M. KujawaHogan Willig, Respondent
Rebecca M. KujawaHogan Willig, Respondent
Rebecca Margaret KujawaHoganWilling, PLLC, Respondent
Rebecca Margaret KujawaHoganWilling, PLLC, Respondent