No. 21-1047

Annick Roy, as Special Administrator of the Estate of Jean-Guy Veilleux, Deceased, et al. v. Canadian Pacific Railway Company

Lower Court: First Circuit
Docketed: 2022-01-27
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: appeal appeal-tolling bankruptcy-court bankruptcy-procedure civil-procedure district-court federal-rules judicial-review title-11
Key Terms:
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Latest Conference: 2022-05-26
Question Presented (AI Summary)

Whether the Federal Rules of Bankruptcy Procedure govern procedure in district court cases that are merely 'related to a case under title 11

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. The Federal Rules of Bankruptcy Procedure govern procedure in “cases under title 11 of the United States Code.” Fed. R. Bankr. P. 1001. Does the term “cases under title 11” extend to cases in district court that are merely “related to a case under title 11,” such that the bankruptcy rules govern in all civil cases that could conceivably affect a bankruptcy? 2. The bankruptcy rules provide that, to toll the fourteen-day period in which to appeal the judgment “of a bankruptcy court,” a motion to reconsider the judgment under Federal Rule of Bankruptcy Procedure 9023 must be filed “in the bankruptcy court” within fourteen days. Assuming the bankruptcy rules apply in district court, do the rules likewise require a motion to reconsider a district court’s judgment under Federal Rule of Civil Procedure 59(e) to be filed within 14 days?

Docket Entries

2022-05-31
Petition DENIED.
2022-05-10
DISTRIBUTED for Conference of 5/26/2022.
2022-05-04
Reply of petitioners Annick Roy, et al. filed.
2022-04-20
Brief of respondent Canadian Pacific Railway Co. in opposition filed.
2022-03-21
Motion to extend the time to file a response is granted and the time is further extended to and including April 20, 2022.
2022-03-17
Motion to extend the time to file a response from March 30, 2022 to April 20, 2022, submitted to The Clerk.
2022-02-28
Brief amici curiae of Law Professors Who Teach or Write on Civil Procedure or Federal Courts filed.
2022-02-22
Motion to extend the time to file a response is granted and the time is extended to and including March 30, 2022.
2022-02-15
Motion to extend the time to file a response from February 28, 2022 to March 30, 2022, submitted to The Clerk.
2022-01-24
Petition for a writ of certiorari filed. (Response due February 28, 2022)
2021-11-30
Application (21A184) granted by Justice Breyer extending the time to file until January 24, 2022.
2021-11-23
Application (21A184) to extend the time to file a petition for a writ of certiorari from December 7, 2021 to January 24, 2022, submitted to Justice Breyer.

Attorneys

Annick Roy, et al.
Matthew W.H. WesslerGupta Wessler PLLC, Petitioner
Matthew W.H. WesslerGupta Wessler PLLC, Petitioner
Canadian Pacific Railway Co.
Jeffrey B. WallSullivan & Cromwell LLP, Respondent
Jeffrey B. WallSullivan & Cromwell LLP, Respondent
Mark Fletcher RosenbergSullivan & Cromwell, LLP, Respondent
Mark Fletcher RosenbergSullivan & Cromwell, LLP, Respondent
Law Professors Who Teach or Write on Civil Procedure or Federal Courts
Robert S. PeckCenter for Constitutional Litigation, PC, Amicus
Robert S. PeckCenter for Constitutional Litigation, PC, Amicus