No. 23-1362

Robert Kreb v. Integra Aviation, L.L.C., et al.

Lower Court: Fifth Circuit
Docketed: 2024-07-02
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure administrative-procedures-act appointments-clause article-iii due-process freedom-of-information-act privacy-act sua-sponte-dismissal subject-matter-jurisdiction whistleblower-protection
Key Terms:
AdministrativeLaw Arbitration DueProcess Privacy
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Is it appropriate for courts to sua sponte dismiss actions for want of subject matter jurisdiction despite Congress' intent to allow enforcement of established law and address agency misconduct?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is it appropriate for courts to contend with this Court or Congress established law through sua , sponte invocation of affirmative defenses and dismiss actions for want of subject matter jurisdiction from the Administrative Procedures Act despite this Court remand of subject matter jurisdiction exactly ; as Congress intended to abut agency conduct that _ violates Article III rights of Article ITI litigants pursing enforcement of this Court’s established law, . and as that conduct can originate from admitted or suspected Appointments Clause violations? : 2. Is it appropriate for courts to dismiss sua sponte an aggrieved party’s judicial review Congress intended ; and mandates for agency misconduct such as known or suspected Privacy Act violations explicit in 1996 . Pilot Records Improvement Act and the Freedom of ; Information Act where courts have a prevalent history holding subject matter jurisdiction under state and ; federal causes of action? 3. Is it appropriate for courts to swa sponte dismiss Congress mandated judicial review and enforcement ; of agency orders that are explicit for whistleblowers’ : immediate reinstatement; that cannot be stayed for any reason; and that sua sponte dismissal has the deleterious effect of vacating the agency order without = due process to the whistleblower and renders the law inconsequential from that judicial activism? it 4. Is it appropriate for courts to uphold or affirm swa ; , sponte dismissal despite exhaustive post judgment relief motions, the present and developing diversity claims and valid questions of law were not provided ; required notice of court intent and precluding without offering substantial reasoning, why any amended ; claim could not overcome or cure any alleged defect? 5. Is it appropriate for courts to untimely sua sponte . dismiss matters without required hearings where the court is bound by law to disclose potential conflict with any party to the action that must be waived if . the court has not volunteered recusal? :

Docket Entries

2024-10-07
Petition DENIED.
2024-08-14
DISTRIBUTED for Conference of 9/30/2024.
2024-08-01
Waiver of Dept. of Labor of right to respond submitted.
2024-08-01
Waiver of right of respondent Dept. of Labor to respond filed.
2024-07-12
Waiver of right of respondent Young Firm, PC and Jeremi K. Young to respond filed.
2024-06-27
2024-05-03
Application (23A984) granted by Justice Alito extending the time to file until June 27, 2024.
2024-04-27
Application (23A984) to extend the time to file a petition for a writ of certiorari from April 28, 2024 to June 27, 2024, submitted to Justice Alito.

Attorneys

Dept. of Labor
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Robert Kreb
Robert Douglas Kreb Jr. — Petitioner
Robert Douglas Kreb Jr. — Petitioner
Young Firm, PC and Jeremi K. Young
David C. ColleyFletcher, Farley, Shipman & Salina, LLP, Respondent
David C. ColleyFletcher, Farley, Shipman & Salina, LLP, Respondent