No. 20-471

Y. W. v. Patricia Aufiero, et al.

Lower Court: Third Circuit
Docketed: 2020-10-09
Status: Denied
Type: Paid
Tags: appeal appellate-jurisdiction circuit-split civil-procedure dismissal finality finality-doctrine judicial-procedure microsoft-baker-precedent microsoft-corp-v-baker without-prejudice without-prejudice-dismissal
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the mere using of the word 'dismissed' is enough to make an order final within the meaning of 28 U.S.C. 1291

Question Presented (OCR Extract)

No question identified. : i JUESTIONS FOR REVIEW 1. Whether the mere using of the word “dismissed” is enough to make an order final within the meaning of 28 U.S.C. 1291, where the without prejudice dismissal is the result of an anticipated settlement and allows the claim to continue at a later date if the settlement fails? 2. Whether the Court’s holding in Microsoft Corp. v. Baker, 187 S. Ct. 1702, 198 L. Ed. 2d 132 (2017) applies to a claim dismissed without prejudice? 3. Whether finality would attach to an order dismissing an action without prejudice where further developments might continue the claim?

Docket Entries

2021-01-11
Petition DENIED.
2020-12-24
Reply of petitioner Y. W. filed. (Distributed)
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-15
Certification of Service filed with respect to the repondents New Milford Board of Education, et al.
2020-12-09
Brief of respondents New Milford Board of Education, et al. in opposition filed.
2020-10-28
Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2020.
2020-10-27
Motion to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
2020-10-01
Petition for a writ of certiorari filed. (Response due November 9, 2020)

Attorneys

New Milford Board of Education
Stephen R. FogartyFogarty and Hara, Esqs., Respondent
Stephen R. FogartyFogarty and Hara, Esqs., Respondent
Y. W.
Leopold GrossGross & Associates PLLC, Petitioner
Leopold GrossGross & Associates PLLC, Petitioner