No. 24-979

Legacy Recovery Services, LLC, dba Legacy House, et al. v. City of Monroe, Louisiana, et al.

Lower Court: Fifth Circuit
Docketed: 2025-03-12
Status: Denied
Type: Paid
Response Waived
Tags: amendment-rights appellate-jurisdiction civil-procedure finality-doctrine pleading-standards rule-12
Latest Conference: 2025-05-15
Question Presented (AI Summary)

Do federal courts have authority to create pleading requirements beyond the Federal Rules of Civil Procedure and when does a Rule 12 dismissal order become sufficiently 'final' for appellate review?

Question Presented (OCR Extract)

1. Do the lower federal courts have authority to create pleading requirements for civil rights complaints above what is required under the Federal Rules of Civil Procedure? 2. Is a complaint subject to dismissal under Rule 12 where the dismissal order announced heighten pleadings standards while denying plaintiffs any chance to amend the dismissed claims to conform to the new pleading standard s and no reason was given for refusal to permit amendment ? 3. Is the erroneous refusal to permit amendment of claims dismissed with prejudice under Rule 12 sufficiently “final” for the purposes of invoking appellate jurisdiction under 28 U.S.C. § 1291? 4. Does Rule 15’s mandate to grant leave to amend “when justice so requires”, confer appellate jurisdiction, ipso facto , over erroneous denials of that mandate? 5. Is a result described by this Court as “entirely contrary to the spirit of the Federal Rules of Civil Procedure” a sufficiently “important public interest” or “value of high order” to warrant review under the collateral order doctrine? 6. Should this Court resolve disagreement among the Circuits to harmonize the finality rule as it relates to amendment, particularly in terms of claims dismissed under Rule 12 ?

Docket Entries

2025-05-19
Petition DENIED.
2025-04-23
DISTRIBUTED for Conference of 5/15/2025.
2025-03-31
Waiver of right of respondent City of Monroe, et al. to respond filed.
2025-03-10
Petition for a writ of certiorari filed. (Response due April 11, 2025)

Attorneys

City of Monroe, et al.
Courtney T. JoinerMcGlinchey Stafford, PLLC, Respondent
Courtney T. JoinerMcGlinchey Stafford, PLLC, Respondent
Legacy Recovery Services, LLC
Sedric Hutton BanksAttorney at Law, Petitioner
Sedric Hutton BanksAttorney at Law, Petitioner