No. 19-6387

Trent S. Griffin, Sr. v. American Zurich Insurance Company, et al.

Lower Court: Fifth Circuit
Docketed: 2019-10-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: circuit-split civil-procedure default default-judgment pleading procedural-rules summary-judgment supervisory-power waiver-of-rights writ writ-of-mandamus writ-of-prohibition
Key Terms:
Arbitration SocialSecurity ERISA DueProcess Privacy
Latest Conference: 2020-03-06 (distributed 2 times)
Question Presented (AI Summary)

Whether a party who fails to plead or otherwise defend within the time allowed by Rule, waive their rights on all claims

Question Presented (OCR Extract)

QUESTIONS PRESENTED: 1. Rule 15(a){3) provide the time a party must respond. Rule 55(a) authorizes the : clerk to enter a default " when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend. There is a circuit split on the issue of "plead" or "otherwise defend." Whether a party who fail to plead or otherwise defend within the time allowed by Rule, waive their rights on all claims. ; 2. Rule 56, provides the time a party may move for summary judgment. Whether a total disregard of the Rules and not following this Court's precedents, requires this Court to exercise its supervisory power to render judgment the lower court should have : and/or to prevent enforcement of the order and mandate, and to compel its vacation by issuance of a writ of prohibition, writ of manadamus, writ of injunction or one or more of said writs.

Docket Entries

2020-03-09
Rehearing DENIED.
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-05
Petition for Rehearing filed.
2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-25
Waiver of right of respondents Walgreens Company, et al. to respond filed.
2019-11-22
Waiver of right of respondent Wells Fargo Bank, N.A. to respond filed.
2017-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2019)
2017-08-22
Application (17A205) granted by Justice Alito extending the time to file until December 15, 2017.
2017-08-15
Application (17A205) to extend the time to file a petition for a writ of certiorari from October 16, 2017 to December 15, 2017, submitted to Justice Alito.

Attorneys

Trent S. Griffin
Trent Steven Griffin Sr. — Petitioner
Trent Steven Griffin Sr. — Petitioner
Walgreens Company, et al.
Lawrence J. McNamaraFordHarrison LLP, Respondent
Lawrence J. McNamaraFordHarrison LLP, Respondent
Wells Fargo Bank, N.A.
David Allen PalmerMoses, Palmer & Howell, L.L.P., Respondent
David Allen PalmerMoses, Palmer & Howell, L.L.P., Respondent