No. 18-328
Kevin C. Rotkiske v. Paul Klemm, et al.
Tags: circuit-split civil-procedure consumer-protection discovery-rule fair-debt-collection-practices-act federal-jurisdiction standing statute-of-limitations
Key Terms:
Trademark
Trademark
Latest Conference:
2019-02-22
(distributed 3 times)
Question Presented (AI Summary)
Whether the 'discovery rule' applies to toll the one-year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., as the Fourth and Ninth Circuits have held but the Third Circuit (sua sponte en banc) has held contrarily
Question Presented (from Petition)
QUESTION PRESENTED Whether the “discovery rule” applies to toll the one (1) year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., as the Fourth and Ninth Circuits have held but the Third Circuit (sua sponte en banc) has held contrarily.
Docket Entries
2020-01-13
JUDGMENT ISSUED.
2019-12-10
Adjudged to be AFFIRMED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-328_pm02.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Sotomayor, J., filed a concurring opinion. Ginsburg, J., filed an opinion dissenting in part and dissenting from the judgment.
2019-10-16
Argued. For petitioner: Scott E. Gant, Washington, D. C. For respondents: Shay Dvoretzky, Washington, D. C.; and Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
2019-09-12
Complete record received in electronic format (U.S.C.A. 3rd Circuit and DIstrict Court filings).
2019-08-23
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2019-08-16
Record requested from the U.S.C.A. 3rd Circuit.
2019-08-12
Reply of petitioner Kevin Rotkiske filed. (Distributed)
2019-08-01
CIRCULATED
2019-07-19
Brief amicus curiae of The National Creditors Bar Association filed.
2019-07-19
Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument filed.
2019-07-19
Brief amici curiae of Mortgage Bankers Association and the Chamber of Commerce of the United States of America filed.
2019-07-19
Brief amicus curiae of ACA International filed.
2019-07-18
Brief amicus curiae of Receivables Management Association International, Inc. filed.
2019-07-18
Brief amicus curiae of United States filed.
2019-07-12
Brief of respondents Paul Klemm, et al. filed.
2019-07-01
SET FOR ARGUMENT on Wednesday, October 16, 2019.
2019-05-20
Brief amicus curiae of National Consumer Law Center filed.
2019-05-20
Brief amici curiae of Samuel L. Bray, David Marcus, and Stephen C. Yeazell in support of neither party filed.
2019-05-13
Brief of petitioner Kevin Rotkiske filed.
2019-04-22
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2019-04-03
Motion to dispense with printing the joint appendix filed by petitioner Kevin Rotkiske.
2019-03-19
Joint motion of the parties to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2019. The time to file respondents' brief on the merits is extended to and including July 12, 2019.
2019-03-08
Joint motion of the parties for an extension of time to file the briefs on the merits filed.
2019-02-25
Petition GRANTED.
2019-02-19
DISTRIBUTED for Conference of 2/22/2019.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2019-01-04
Brief of respondents Paul Klemm, et al. in opposition filed.
2018-11-23
Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2019.
2018-11-21
Motion to extend the time to file a response from December 5, 2018 to January 4, 2019, submitted to The Clerk.
2018-11-05
Response Requested. (Due December 5, 2018)
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-09-11
Petition for a writ of certiorari filed. (Response due October 15, 2018)
2018-08-15
Application (18A161) granted by Justice Alito extending the time to file until September 12, 2018.
2018-08-09
Application (18A161) to extend the time to file a petition for a writ of certiorari from August 13, 2018 to October 12, 2018, submitted to Justice Alito.
Attorneys
ACA International
Megan Starace Ben'Ary — LeClairRyan, Amicus
Megan Starace Ben'Ary — LeClairRyan, Amicus
Kevin C. Rotkiske
Scott E. Gant — Boies Schiller Flexner LLP, Petitioner
Scott E. Gant — Boies Schiller Flexner LLP, Petitioner
Mortgage Bankers Association and the Chamber of Commerce of the United States of America
Receivables Management Association International, Inc.
Donald S. Maurice Jr. — Maurice Wutscher, LLP, Amicus
Donald S. Maurice Jr. — Maurice Wutscher, LLP, Amicus
Samuel L. Bray, David Marcus, and Stephen C. Yeazell
The National Creditors Bar Association
Misha Tseytlin — Troutman Sanders LLP, Amicus
Misha Tseytlin — Troutman Sanders LLP, Amicus
United States
Noel J. Francisco — Solicitor General, Amicus
Noel J. Francisco — Solicitor General, Amicus