No. 20-7773

Ganiyu Ayinla Jaiyeola v. Toyota Motor Corporation, et al.

Lower Court: Sixth Circuit
Docketed: 2021-04-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion circuit-split civil-procedure daubert-standard discovery-deadline expert-report inter-circuit-split intra-circuit-split motion-procedure sanction-standard sanctions
Key Terms:
SocialSecurity Immigration
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Sixth Circuit created an intra-circuit and inter-circuit split by wrongly deciding that the District Court did not abuse its discretion when it imposed expert report exclusion sanction on Plaintiff

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whether the United States Court of Appeals for the Sixth Circuit created an intra-circuit and inter-circuit split by wrongly deciding that the District Court did not abuse its discretion when it imposed expert report exclusion sanction on Plaintiff for Plaintiff expert report that was untimely (two (2) months untimely but one (1) month and twenty-one (21) days before the end of discovery) and not excluding Defendants expert report that was untimely . (three (3) months untimely and twenty (20) days after the end of discovery); even though both Plaintiff and Defendants argued harmlessness or justification at the District Court and the District Court conducted no Daubert or any expert or expert report admissibility hearing or evaluation (on Plaintiffs expert and his report or the Defendants four (4) experts and their reports). 2. Whether a reversible error occurred when the District Court issued a decision without considering a relevant motion before issuing the decision. . 8. Whether the Federal District Court needed to get a certification from the Michigan Supreme Court before it could allow two Defendants to remove a case from a Michigan State Court because a motion for reconsideration on seven dismissed Defendants in the case was pending before the Michigan . State Court. 4. Whether the United States Court of Appeals for the Sixth Circuit created a split with the U.S. Supreme Court and intra-circuit split when it wrongly i decided that a motion for sanction directed at some collateral issues can be mooted if the motion relates to merits issues; even if the motion is not asking for relief on merits issues. ii

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-26
Waiver of right of respondents Toyota Motor Corp., et al. to respond filed.
2021-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2021)

Attorneys

Ganiyu Jaiyeola
Ganiyu Ayinla Jaiyeola — Petitioner
Ganiyu Ayinla Jaiyeola — Petitioner
Toyota Motor Corp., et al.
Robert Allen BrundageMorgan Lewis & Bockus LLP, Respondent
Robert Allen BrundageMorgan Lewis & Bockus LLP, Respondent