No. 18-168

Bill G. Nichols, Individually and on Behalf of All Others Similarly Situated v. Chesapeake Operating, LLC, et al.

Lower Court: Tenth Circuit
Docketed: 2018-08-07
Status: Denied
Type: Paid
Response RequestedRelisted (2)
Tags: cafa cafa-jurisdiction circuit-split citizenship civil-procedure class-action diversity-jurisdiction domicile domicile-presumption federal-courts federal-jurisdiction removal residency-domicile-presumption residency-presumption standing subject-matter-jurisdiction
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (from Petition)

When determining the citizenship of a class for purposes of CAFA's home-state exception, 28 U.S.C. § 1332(d)(4)(B), does this Court's long-standing residency-domicile presumption allow a court to presume that a class defined as state residents consists of at least two-thirds state citizens, or must a plaintiff come forward with additional evidence of citizenship?

Question Presented (AI Summary)

When determining the citizenship of a class for purposes of CAFA's home-state exception, 28 U.S.C. § 1332(d)(4)(B), does this Court's long-standing residency-domicile presumption allow a court to presume that a class defined as state residents consists of at least two-thirds state citizens, or must a plaintiff come forward with additional evidence of citizenship?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-12-05
Reply of petitioner Bill G. Nichols filed. (Distributed)
2018-11-21
Brief of respondents Chesapeake Operating, LLC, et al. in opposition filed.
2018-09-26
Motion to extend the time to file a response is granted and the time is extended to and including November 21, 2018.
2018-09-26
Motion to extend the time to file a response from October 22, 2018 to November 21, 2018, submitted to The Clerk.
2018-09-20
Response Requested. (Due October 22, 2018)
2018-09-19
DISTRIBUTED for Conference of 10/5/2018.
2018-08-03
Petition for a writ of certiorari filed. (Response due September 6, 2018)
2018-05-29
Application (17A1314) granted by Justice Sotomayor extending the time to file until August 3, 2018.
2018-05-25
Application (17A1314) to extend the time to file a petition for a writ of certiorari from June 5, 2018 to August 3, 2018, submitted to Justice Sotomayor.

Attorneys

Bill G. Nichols
Kevin Johnson MillerKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Petitioner
Chesapeake Operating, LLC, et al.
George William Hicks Jr. — Respondent