No. 25-473

Angela W. DeBose v. United States District Court for the Middle District of Florida

Lower Court: Eleventh Circuit
Docketed: 2025-10-17
Status: Pending
Type: Paid
Response Waived
Tags: civil-procedure court-jurisdiction default-judgment federal-rules judicial-discretion responsive-pleading
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether a federal district court's refusal to enter a clerk's default and default judgment against a defendant who has failed to file a responsive pleading constitutes a departure from accepted judicial proceedings warranting Supreme Court supervisory power

Question Presented (OCR Extract)

1. Whether a federal district court's refusal to enter a clerk's default and default judgment against a defendant who has failed to file a responsive pleading, having only filed a motion for an extension of time, constitutes such a departure from the accepted and usual course of judicial proceedings as to warrant the exercise of this Court's supervisory power? 2. Whether a motion for an extension of time to answer a complaint constitutes a responsive paper for the purpose of preventing a default, especially where the defendant has still not filed an answer or other responsive pleading even after the extension has been granted? 3. Whether a direct appeal to this Court is necessary due to the lack of certiorari jurisdiction in the Ele venth Circuit Court of Appeals for this specific issue, particularly in a case involving a universally applied injunction where the defaulted defendant is not a named party or qualifying party under Rule 65 of the Federal Rules of Civil Procedure?

Docket Entries

2025-12-29
Application (25A736) denied by Justice Thomas.
2025-12-05
Application (25A736) for a stay, submitted to Justice Thomas.
2025-11-14
Waiver of Florida Polytechnic University Board of Trustees of right to respond submitted.
2025-11-14
Waiver of right of respondent Florida Polytechnic University Board of Trustees to respond filed.
2025-07-26
Petition for a writ of certiorari filed. (Response due November 17, 2025)

Attorneys

Angela W. DeBose
Angela W. Debose — Petitioner
Angela W. DeBose — Petitioner
Florida Polytechnic University Board of Trustees
Dwayne Antonio RobinsonKozyak Tropin & Throckmorton, LLP, Respondent
Dwayne Antonio RobinsonKozyak Tropin & Throckmorton, LLP, Respondent
USDC MD FL
D. John SauerSolicitor General, Respondent