No. 18-231

New West, L.P., et al. v. City of Joliet, Illinois, et al.

Lower Court: Seventh Circuit
Docketed: 2018-08-22
Status: Denied
Type: Paid
Response Waived
Tags: beacon-theatres civil-rights civil-rights-act collateral-estoppel due-process equitable-claims fair-housing-act jury-trial parklane-hosiery
Latest Conference: 2018-10-05
Question Presented (from Petition)

1. When a single district court Judge has control over all legal and equitable claims before it in a single proceeding, even though the proceeding involves separate actions, can that Judge avoid the mandate of Beacon Theatres, Inc. v. Westover, 359 U.S. 500 (1959) that the discretion to deprive a party of a jury trial "is very narrowly limited and must, wherever possible, be exercised to preserve jury trial"?

2. Should Parklane Hosiery Co. v. Shore, 439 U.S. 322 (1979) be extended so that a jury trial of legal claims can be lost through a prior determination of equitable claims in the absence of imperative circumstances and where all claims are before the same Judge at all times?

Question Presented (AI Summary)

When a single district court Judge has control over all legal and equitable claims before it in a single proceeding, even though the proceeding involves separate actions, can that Judge avoid the mandate of Beacon Theatres, Inc. v. Westover, 359 U.S. 500 (1959) that the discretion to deprive a party of a jury trial 'is very narrowly limited and must, wherever possible, be exercised to preserve jury trial'?

Docket Entries

2018-10-09
Petition DENIED. Justice Kagan and Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-09-19
DISTRIBUTED for Conference of 10/5/2018.
2018-08-24
Waiver of right of respondent City of Joliet to respond filed.
2018-08-23
Waiver of right of respondents Estate of Arthur Schultz; Jim Shapard; John M. Mezera; Thomas Giarrante;and Thomas Thanas to respond filed.
2018-08-20
Petition for a writ of certiorari filed. (Response due September 21, 2018)

Attorneys

City of Joliet
Carl R. BuckRathbun, Cservenyak & Kozol, LLC, Respondent
Estate of Arthur Schultz; Jim Shapard; John M. Mezera; Thomas Giarrante;and Thomas Thanas
James Robert FigliuloFigliulo & Silverman, P.C., Respondent
New West, an Illinois Limited Partnership, et al.
Theodore Robert TetzlaffTetzlaff Law Offices, LLC, Petitioner