No. 22-1091

David Zook v. United States

Lower Court: Tenth Circuit
Docketed: 2023-05-09
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment administrative-subpoena civil-procedure due-process epa federal-agency official-curiosity reasonable-suspicion rule-6a
Key Terms:
Environmental Privacy
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Must the issuance and/or enforcement of an administrative subpoena (EPA) to a private individual be supported by something beyond 'official curiosity' (i.e., whim) such as reasonable suspicion?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Must the issuance and/or enforcement of an administrative subpoena (EPA) to a private individual be supported by something beyond “official curiosity” (i.e., whim) such as reasonable suspicion? II. Ought Rule 6(A), Fed.R. Civ.P. be construed to add three additional days to the time-frame provided in Rule 59(e), Fed.R. Civ.P. when service of the Judgment/Order is by mail, particularly, when the opposing party (the government) is served electronically (instantaneously)? | ii | PROCEEDINGS RELATED CASES | | United States District Court for the District of Colo! rado, Civil Action No. 21cv01077RM, United States of | America, Petitioner v. David Zook, Respondent, Order | to Show Cause Entered April 20, 2021 7 United States District Court for the District of Colo| rado, Civil Action No. 21cv01077RM, United States of : America, Petitioner v. David Zook, Respondent, Order on Petition entered October 28, 2021 United States District Court for the District of Colorado, Civil Action No. 21cv01077RM, United States of : America, Petitioner v. David Zook, Respondent, Order | on Motion to Alter or Amend Judgment entered Febru: ary 1, 2022 | United States Court of Appeals for the Tenth Circuit, | No. 22 1060, United States of America, Petitioner Appellee v. David Zook, Respondent Appellant, Order and Judgment entered December 6, 2022 Supreme Court of the United States, Application No. 22A816, David Zook v. United States, Order extending time to file Petition for Writ of Certiorari to May 5, 2023; Entered March 15, 2023

Docket Entries

2023-10-02
Petition DENIED.
2023-06-14
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Waiver of right of respondent United States to respond filed.
2023-05-05
Petition for a writ of certiorari filed. (Response due June 8, 2023)
2023-03-15
Application (22A816) granted by Justice Gorsuch extending the time to file until May 5, 2023.
2023-03-03
Application (22A816) to extend the time to file a petition for a writ of certiorari from March 6, 2023 to May 5, 2023, submitted to Justice Gorsuch.

Attorneys

David Zook
David H Zook — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent