No. 20-1296

Walter Skipper v. A&M Dockside Repair, Incorporated, et al.

Lower Court: Fifth Circuit
Docketed: 2021-03-18
Status: Denied
Type: Paid
Response Waived
Tags: affirmative-defenses circuit-split civil-procedure federal-rules-of-civil-procedure pleading-amendment scheduling-order summary-judgment supreme-court-precedent
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-04-23
Question Presented (AI Summary)

Does precedent in the United States Court of Appeals for the Fifth Circuit allow defendants to circumvent FRCP 15 and FRCP 16 requirements for amending pleadings?

Question Presented (OCR Extract)

Question Presented Does precedent in the United State Court of Appeals for the Fifth Circuit which allows defendants to raise affirmative defenses in a motion for summary judgment or otherwise “at a pragmatically sufficient time” such that a plaintiff is “not prejudiced in its ability to respond” impermissibly allow defendants to circumvent the requirements to timely seek leave to amend their answers to assert such defenses pursuant to FRCP 15, and/or the more onerous requirements under FRCP 16 to modify a Scheduling Order to allow an untimely amendment of a responsive pleading, in conflict with Supreme Court precedent and decisions from three other circuits which hold otherwise? i

Docket Entries

2021-04-26
Petition DENIED.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-03-31
Waiver of right of respondent Helix Resources, LLC to respond filed.
2021-03-24
Waiver of right of respondent A & M Dockside Repair, Inc. to respond filed.
2021-03-15
Petition for a writ of certiorari filed. (Response due April 19, 2021)

Attorneys

A & M Dockside Repair, Inc.
Thomas Kent MorrisonPhelps Dunbar, LLP, Respondent
Helix Resources, LLC
John Francis EmmettThompson, Coe, Cousins & Irons, Respondent
Walter Skipper
Lawrence Blake JonesBlake Jones Law Firm, Petitioner