Kyle Smith, et al. v. Rochelle Scott, Individually, and as Co-Special Administrator of the Estate of Roy Anthony Scott, et al.
Whether the Ninth Circuit Court of Appeals correctly applied constitutional standards in reviewing a law enforcement use of force claim involving potential Fourth Amendment violations
No question identified. : 1 To the Honorable Elena Kagan, Associate Justice of the United States and Circuit Justice for the Ninth Circuit: Pursuant to 28 U.S.C § 2101 (c) and Rule 13.5 of the Rules of this Court, Applicants Kyle Smith, Theodore Huntsman, and the Las Vegas Metropolitan Police Department , pray for a 60-day extension of time to file their petition for certiorari in this Court to and including April 17, 2025. Applicants will seek review of the judgment in Scott v. Smith , No. 23-15480, 109 F.4th 1215 (9th Cir. 2024), which the Ninth Circuit Court of Appeals decided on July 30, 2024. Applicants sought rehearing, and on November 19, 2024, the Ninth Circuit Court of Appeals entered an order denying rehearing. This Court has jurisdiction over this matter under 28 U.S.C. § 1254(1). Applicants’ time to petition for certiorari in this Court expires February 17, 2025. This application is being filed more than 10 days bef ore that date. Following the denial of en banc rehearing, Applicants sought and retained undersigned counsel with specialized expertise in this Court. Undersigned counsel is subject to significant deadlines in other cases, in particular, an opposition brief in South Carolina v. TikTok Inc., No.2024CP4006018, due in the South Carolina Court of Common Pleas on February 7 and a merits brief in Iowa v. TikTok Inc., No. 24-1566, due in the Iowa Supreme Court on March 3. Undersigned counsel will also be filing a motion to dismiss in Louisiana state court during the same time in which the petition in this case would otherwise be due. Undersigned counsel also requires the assistance of other attorneys at Cooper & Kirk PLLC, who are similarly constrained by impending deadlines in a variety of cases. For the foregoing reasons, Applicants hereby respectfully request an extension of time up to and including April 17 , 2025, for the filing of a petition for writ of certiorari in this case. 2 Dated: January 29, 2025 Respectfully submitted, Craig R. Anderson, Esq. MARQUIS AURBACH 10001 Park Run Drive Las Vegas, NV 89145 (702) 382-0711 /s/Megan M. Wold Megan M. Wold Counsel of Record COOPER & KIRK, PLLC 1523 New Hampshire Avenue, N.W. Washington, D.C. 20036 (202) 220-9600 Fax: (202) 220-9601 mwold @cooperkirk.com Counsel for Applicants