No. 19-1337

Todd Phillippi v. Humble Design, L.L.C., et al.

Lower Court: Fifth Circuit
Docketed: 2020-06-04
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure consent dismissal district-court-jurisdiction federal-civil-procedure federal-courts frcp-41 FRCP-60(b) judicial-consent jurisdiction legal-representative magistrate-authority prevailing-party rule-60b standing
Key Terms:
DueProcess Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the District Court and Fifth Circuit Court of Appeals have created an exception to 28 USC 636 (c)

Question Presented (OCR Extract)

QUESTIONS PRESENTED i On 8/5/16 a civil case in the Northern District Dallas . Division was dismissed by way of a FRCP41(a)(1)(A)Gi) agreed dismissal without a court order. After the FRCP41(a)(1)(A)Gi) the Magistrate allowed the Defendants to seek awards of attorney fees as “Prevailing Parties” despite there being no “Judicial Imprimatur”. In 2018, Petitioner appeared in the suit under FRCP 60b as a “legal representative”. The Original parties had been dismissed from the suit. Petitioner did not sign or : . file a consent to the Magistrate under 28 USC 636 : : (c). The Magistrate, sua sponte, denied Petitioners 60b motion without any opposition having been filed. Petitioner timely filed Rule 72 objections. The Chief District Judge held that the consents of the original dismissed parties was the consent of pétitioner, who appeared in the matter 2 (two) years after the FRCP 41(a)(1)(A)Gi) agreed dismissal of the original parties. 1.) Whether the District Court and Fifth Circuit Court of Appeals have created an exception to 28 : USC 636 (c) by holding that a FRCP 60(b) “Legal Representative” is bound by the consent of the dismissed parties after a FRCP 41(a)(1)(A)Gi) agreed dismissal 2.) Whether the District Court and Fifth Circuit Court of Appeals have created an exception to Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep't of Health & Human Res., 532 U.S. 598, 601, 121 ii S.Ct. 1835, 149 L.Ed.2d 855 (2001) by holding that when a FRCP 41(a)(1)(A)Gi) is “With Prejudice” it confers “Prevailing Party” status despite there being no “Judicial imprimatur”. 3.) Whether the Fifth Circuit Court of Appeals is in conflict with all other Federal Court of Appeals (including its own precedent) regarding the loss of jurisdiction of the District Court immediately upon the filing of a FRCP41(a)(1)(A)(i) dismissal without a Court Order :

Docket Entries

2020-10-05
Petition DENIED.
2020-09-25
Supplemental brief of petitioner Todd Phillippi filed.
2020-06-24
DISTRIBUTED for Conference of 9/29/2020.
2020-06-16
Waiver of right of respondent Humble Design, et al. to respond filed.
2020-05-29
Petition for a writ of certiorari filed. (Response due July 6, 2020)

Attorneys

Humble Design, et al.
Eric Charles WoodBrown Fox PLLC, Respondent
Eric Charles WoodBrown Fox PLLC, Respondent
Todd Phillippi
Todd Phillippi — Petitioner
Todd Phillippi — Petitioner