Whether the district court's summary judgment in a products liability case was properly granted when the plaintiff failed to raise a genuine dispute of material fact regarding the defendants' reasonableness in product manufacture or design

No question identified. : 1 To the Honorable Justice Kagan: Pursuant to Supreme Court Rules 13.5 and 30, Petitioners Jason Lou Peralta and Andrew W. Shalaby respectfully move for a 60 day extension of time to file their petition for writ of certiorari. Pursuant to Rule 30.4, Petitioner informs the Court that there is a pending motion to set aside the appellate memorandum and disqualify Hon. Judge Sidney R. Thomas, dkt. 82 filed 2/3/24 in appeal 22-15140. The appellees filed an opposition on 2/13/24, dkt. 84. However, there is no provision to extend the time to file a petition for certiorari in relation to a motion to set aside a memorandum and disqualify an Appellate Judge, therefore the time to file the petition for certiorari runs from the date of the mandate, which in this instance was 1/25/24 (Exhibit A, dkt. 81-1 in appeal 22-15140). The deadline to file the petition is therefore 4/24/24 despite the fact that the pending motion filed with the Court of Appeals has not yet been decided. There is also a related appeal, Bailey v. Worthington, et al., U.S. Dist. Ct., N.Dist. IL. No. 1:16-cv-07548 PGR, in which the judgment was issued by the Seventh Cir. Court of Appeals on January 22, 2024 (7 Cir. appeal no. 22-2111, dkt. 78). A petition for a writ of certiorari is due and shall be filed by April 22, 2024, and shall then be referenced on the petition for certiorari to be filed in this (Peralta) case. Therefore, in order to afford sufficient time for the Ninth Circuit Court of Appeals to issue an order on the pending motion, and to file and refer to the petition for certiorari in the Bailey matter, a 60 day extension to 2 file the petition for a writ of certiorari in this matter is respectfully requested, which would extend the time to file to Monday, June 24, 2024. 1. 2. The Court of Appeals’ Memorandum of Decision was issued January 25, 2024 (Exhibit A). The motion to disqualify Honorable Appellate Judge Syndney R. Thomas was filed with the Ninth Circuit Court of Appeals on February 3, 2024, dkt. 82 in appeal no. 22-15140. The appellate judgment on the related appeal case, Bailey v. Worthington, 7” Cir. appeal no. 22-2111, dkt. 78, was entered January 22, 2024. The deadline to file the petition for certiorari on the related appeal is Monday, April 22, 2024, and Petitioner needs to cite to that petition. The deadline to file the petition for writ of certiorari in this case is April 24, 2024. However, the 9" Cir. Court of Appeals has not yet ruled on the pending motion described above. This petition is timely filed more than 10 days before the date the petition is due. Petitioner respectfully requests that the petition due date be extended to Monday, June 24, 2024. s/Daniel J. Russo s/Andrew W. Shalaby Daniel J. Russo, Andrew W. Shalaby, Attorney for Petitioner Attorney for Petitioner Andrew W. Shalaby Jason Lou Peralta l(a) EXHIBIT A Peralta v. Worthington Indus. United States Court of Appeals for the Ninth Circuit January 17, 2024, Submitted; January 25, 2024, Filed No. 22-15140 Reporter 2024 U.S. App. LEXIS 1742 *; 2024 WL 287774 JASON LOU PERALTA, ANDREW W. SHALABY, Appellant, v. WORTHINGTON INDUSTRIES, INC.; WORTHINGTON CYLINDER CORPORATION; WORTHINGTON CYLINDER WISCONSIN LLC; BERNZOMATIC, Appeal from the United States District Court for the District of Arizona. D.C. No. 2:17-cv-03195-JJT. John Joseph Tuchi, District Judge, Presiding. Peralta v. Worthington Indus., 2022 U.S. Dist. LEXIS 6982, 2022 WL 124760 (D. Ariz., Jan. 13, 2022) Disposition: AFFIRMED. Counsel: For JASONLOUPERALTA, ANDREW W. SHALABY, Plaintiffs Appellants: Andrew W. Shalaby, East Bay Law, El Cerrito, CA. For WORTHINGTON INDUSTRIES, INC., WORTHINGTON CYLINDER CORPORATION, WORTHINGTON CYLINDER WISCONSIN LLC, BERNZOMATIC, Defendants Appellees: Richard 2(a) Ergo, Esquire, Attorney, Bowles & Verna, LLP, Walnut Creek, CA. Judges: Before: S.R. THOMAS, McKEOWN, and HURWITZ, Circuit Judges. Opinion MEMORANDUM Jason Lou Peralta appeals from the district cour