No. 21-616

Lee W. Yeager v. FirstEnergy Generation Corporation

Lower Court: Sixth Circuit
Docketed: 2021-10-27
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure dismissal district-court due-process federal-procedure fifth-amendment legal-redress notice opportunity-to-be-heard pleading-amendment standing
Key Terms:
DueProcess
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether a federal district court's outright dismissal of a stayed action without having first lifted that stay, to permit ruling on plaintiffs pending motion to amend his pleading to substitute the proper party defendant, offends the Fifth Amendment's Due Process Clause by effectively denying plaintiff the right to redress his grievance via some effective legal procedure that includes notice and the opportunity to be heard

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a federal district court’s outright dismissal of a stayed action without having first lifted that stay, to permit ruling on plaintiffs pending motion to amend his pleading to substitute the proper party defendant, offends the Fifth Amendment’s Due Process Clause by effectively denying plaintiff the right to redress his grievance via some effective legal procedure that includes notice and the opportunity to be heard. il STATEMENT OF

Docket Entries

2021-12-06
Petition DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-09
Waiver of right of respondent FirstEnergy Generation Corporation to respond filed.
2021-10-25
Petition for a writ of certiorari filed. (Response due November 26, 2021)

Attorneys

FirstEnergy Generation Corporation
Ze-wen Julius ChenAkin Gump Strauss Hauer & Feld LLP, Respondent
Lee W. Yeager
Michael Dudley RossiGuarnieri & Secrest PLL, Petitioner