No. 19-393

Estelle Stein v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-09-24
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure district-court due-process due-process-clause evidence evidence-submission federal-rules federal-rules-of-civil-procedure summary-judgment
Key Terms:
DueProcess
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Does a party have a right under the Due Process Clause to file evidence in opposition to a motion for summary judgment?

Question Presented (from Petition)

QUESTIONS PRESENTED After a court of appeals vacated summary judgment in its favor, the Government filed a new summary judgment motion against a defendanttaxpayer, with additional evidence—arguing that a declaration the taxpayer had filed opposing the Government’s earlier, pre-appeal summary judgment motion lacked sufficient detail. The district court then prohibited the taxpayer from submitting any evidence opposing the new motion (like a new declaration), and granted the motion on the basis that the declaration the taxpayer filed opposing the earlier motion lacked sufficient detail. The court of appeals affirmed. The following questions contemplate evidence filed in compliance with the Federal Rules of Civil Procedure, including Rule 56: 1. Does a party have a right under the Due Process Clause to file evidence in opposition to a motion for summary judgment? 2. May a district court prohibit a party from filing evidence in opposition to a motion for summary judgment? 3. Did the district court err by granting summary judgment? ii LIST OF PROCEEDINGS BELOW United States Court of Appeals for the Eleventh Circuit No. 18-14625 United States of America, Plaintiff-Appellee, v. Estelle Stein, Defendant-Appellant Decision Date: April 23, 2019 United States Court of Appeals for the Eleventh Circuit No. 16-10914 United States of America, Plaintiff-Appellee, v. Estelle Stein, Defendant-Appellant Decision Date: May 9, 2018 U.S. District Court Southern District of Florida Case No. 15-cv-20884-UU United States of America, Plaintiff, v. Estelle Stein, Defendant Date of Order Granting Plaintiff's Second Motion for Summary Judgment: October 23, 2018 Date of Order Granting Plaintiffs First Motion for Summary Judgment: February 26, 2016

Docket Entries

2019-11-04
Petition DENIED.
2019-10-16
DISTRIBUTED for Conference of 11/1/2019.
2019-10-07
Waiver of right of respondent United States of America to respond filed.
2019-09-20
Petition for a writ of certiorari filed. (Response due October 24, 2019)
2019-07-17
Application (19A64) granted by Justice Thomas extending the time to file until September 20, 2019.
2019-07-11
Application (19A64) to extend the time to file a petition for a writ of certiorari from July 22, 2019 to September 20, 2019, submitted to Justice Thomas.

Attorneys

Estelle Stein
John Granville CrabtreeCrabtree & Auslander, Petitioner
John Granville CrabtreeCrabtree & Auslander, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent