No. 18-178

SGK Properties, L.L.C., et al. v. U.S. Bank National Association, et al.

Lower Court: Fifth Circuit
Docketed: 2018-08-09
Status: Denied
Type: Paid
Response Waived
Tags: americold-realty-trust-v-conagra-foods business-trust circuit-split citizenship comity comity-and-federalism diversity-jurisdiction erie-doctrine erie-r-co-v-tompkins federal-courts federalism real-party-in-interest unincorporated-business-trust unincorporated-entity
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. Should the Court resolve the split of authority among the Circuits about whether and when the citizenship of constituent members of an unincorporated business trust determines federal diversity jurisdiction under 28 U.S.C. § 1332(a)(1)?

2. Should the Court resolve the confusion among the federal district courts of Texas about how to determine whether a trustee, or the trust itself, is the real party in interest rather than a nominal or formal one for purposes of determining federal diversity jurisdiction?

3. Should the Court clarify further the meaning and intent of its decision in Americold Realty Trust v. Conagra Foods, Inc., 577 U.S. ___; 136 S. Ct. 1012 (2016)?

4. Texas law holds that a void special endorsement in a note's chain of endorsements deprives the eventual possessor of the note the status of a holder or even an owner who can enforce its obligations. Does the federal courts' refusal to give this Texas law the adjudicative force it deserves subvert the principles of comity and federalism for which Erie R. Co. v. Tompkins, 304 U.S. 65 (1938) stands?

Question Presented (AI Summary)

Whether the citizenship of constituent members of an unincorporated business trust determines federal diversity jurisdiction under 28 U.S.C. § 1332(a)(1)

Docket Entries

2018-10-01
Petition DENIED.
2018-08-22
DISTRIBUTED for Conference of 9/24/2018.
2018-08-17
Waiver of right of respondents U.S. National Bank Association, et al. to respond filed.
2018-08-06
Petition for a writ of certiorari filed. (Response due September 10, 2018)
2018-07-06
Application (17A1418) granted by Justice Alito extending the time to file until August 4, 2018.
2018-06-20
Application (17A1418) to extend the time to file a petition for a writ of certiorari from July 5, 2018 to August 4, 2018, submitted to Justice Alito.

Attorneys

sgk properties, et al.
Gary P. KatzKatz Law Group, LLC, Petitioner
U.S. National Bank Association, et al.
Brian David SchmalzbachMcGuireWoods LLP, Respondent