No. 18-683
Bradley Christopher Stark v. United States
Response WaivedRelisted (2)
Tags: 5th-amendment burden-of-proof civil-procedure due-process federal-rules-of-civil-procedure fifth-amendment motion-to-dismiss notice-pleading sovereign-immunity
Latest Conference:
2019-02-22
(distributed 2 times)
Question Presented (from Petition)
1. Whether, on a motion to dismiss raising a defense of sovereign immunity, a plaintiff possesses a burden to do more than allege an unequivocal waiver of sovereign immunity, pursuant to the Fifth Amendment and the simplified notice pleading standards of the Federal Rules of Civil Procedure.
Question Presented (AI Summary)
Whether a plaintiff possesses a burden to do more than allege an unequivocal waiver of sovereign immunity on a motion to dismiss raising a defense of sovereign immunity
Docket Entries
2019-02-25
Rehearing DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-01-30
Petition for Rehearing filed.
2019-01-07
Petition DENIED.
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-12-11
Waiver of right of respondent United States to respond filed.
2018-11-19
Petition for a writ of certiorari filed. (Response due December 26, 2018)
Attorneys
Bradley Christopher Stark
Anthony Charles Lake — Gillen Withers & Lake, LLC, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent