No. 21-586

Peter Daza v. Indiana, et al.

Lower Court: Seventh Circuit
Docketed: 2021-10-21
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review civil-procedure claim-preclusion discovery due-process judicial-procedure litigation-strategy lucky-brand-v-marcel rehiring sineneng-smith-v-us summary-judgment
Key Terms:
Trademark
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Is the Seventh Circuit decision contrary to Supreme Court precedent on later claims and preclusion of later events?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is the Seventh Circuit decision, requiring that claims between the parties that occur after the filing of a lawsuit must be filed in a pending lawsuit that has not yet been closed, contrary to the Court’s decision of Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., 140 S.Ct. 1589 (2020), which stated that claims occurring after the filing of a lawsuit may be filed in a later lawsuit and not delay the litigation of the first lawsuit? 2. Is the Seventh Circuit decision contrary to the Supreme Court decision of United States v. SinenengSmith, 140 S.Ct. 1575 (2020) by allowing courts to preclude the litigation of later events between the parties in a later case when the defendant’s motion for summary judgment in the first case did not raise the later events, the defendant refused to produce discovery or litigate in the first case the later events, and no party raised any issue about an application to reapply for the job for which the plaintiff was suing to be reinstated? ii PARTIES The petitioner is Peter Daza, who was the plaintiff-appellant below. The respondents are the State of Indiana, Russell Fowler, District Deputy Commissioner, in his official and individual capacities, Nina Daniel, District Human Resources Manager, in her official and individual capacities, and Valerie Cockrum, Technical Services Director, in her official and individual capacities, who were the below. RELATED CASES 1. Daza v. Indiana, No. US. District Court for the Southern District of Indiana. Judgment entered August 31, 2018. 2. Daza v. Indiana, No. 18-3102, U.S. Court of Appeals for the Seventh Circuit. Judgment entered October 24, 2019. 3. Daza v. Indiana, No. 1:18-cv-02951, U.S. District Court for the Southern District of Indiana. Judgment entered January 10, 2020. 4. Daza v. Indiana, No. 20-1209, U.S. Court of Appeals for the Seventh Circuit, Judgment entered June 23, 2021. Order denying petition for rehearing and rehearing en banc entered July 21, 2021.

Docket Entries

2022-01-10
Petition DENIED.
2021-12-01
DISTRIBUTED for Conference of 1/7/2022.
2021-11-22
Waiver of right of respondent Indiana, et al. to respond filed.
2021-10-19
Petition for a writ of certiorari filed. (Response due November 22, 2021)

Attorneys

Indiana, et al.
Stephen Richard Creason — Respondent
Stephen Richard Creason — Respondent
Peter Daza
Richard Louis DarstCohen, Garelick & Glazier, Petitioner
Richard Louis DarstCohen, Garelick & Glazier, Petitioner