No. 19-1185

Carol Wilding, et al. v. DNC Services Corporation, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-03-30
Status: Denied
Type: Paid
Tags: amendment civil-procedure civil-rights democratic-party due-process federal-rules-of-civil-procedure fiduciary-duty fraud impartiality rule-12 rule-15 standing
Key Terms:
ERISA DueProcess JusticiabilityDoctri Jurisdiction
Latest Conference: 2020-05-28
Question Presented (from Petition)

1. Does the Democratic National Committee
("DNC"), a not-for-profit corporation charged with
general responsibility for th e affairs of the Democratic
Party between national conventions, have, along withits chairperson, a legally binding, fiduciary duty toDemocratic Party members to maintain impartialityand evenhandedness as among the presidentialcandidates and campaigns during the Democratic Partypresidential nominating process, as the DNC's owncharter states?

2. Did the dismissal of state-law breach-offiduciary-duty and fraud-related claims brought byDemocratic Party members and donors that the DNCand its chairperson favored one candidate in the 2016Democratic Party Presidential nominating process —which was based on lack of specificity in the complaint,did not find amendment would be futile, but deniedPlaintiffs leave to amend — transgress Federal Rule ofCivil Procedure 15(a)'s dictate that leave to amend"shall be freely given when justice so requires?"

3. Under Federal Rule of Civil Procedure 12(g)(2),
does a defendant who initially moves to dismiss acomplaint for insufficient service of process under Rule12(b)(5) thereby waive any right to file a successivemotion to dismiss the complaint under Rule 12(b)(6) forfailure to state a claim upon which relief can begranted?

4. Should the Court grant the petitioners leave to
file the attached amended complaint pursuant to 28U.S.C. § 1653 in order to correct any defectiveallegations of jurisdiction?

Question Presented (AI Summary)

Does the DNC have a fiduciary duty to maintain impartiality in the Democratic Party presidential nominating process?

Docket Entries

2020-06-01
Petition DENIED.
2020-05-12
DISTRIBUTED for Conference of 5/28/2020.
2020-03-26
Petition for a writ of certiorari filed. (Response due April 29, 2020)
2020-01-21
Application (19A809) granted by Justice Thomas extending the time to file until March 26, 2020.
2020-01-16
Application (19A809) to extend the time to file a petition for a writ of certiorari from January 26, 2020 to March 26, 2020, submitted to Justice Thomas.

Attorneys

Carol Wilding, et al.
Cullin A. O'Brien — Petitioner