No. 20-1488

Sherwin A. Brook v. J. Lawrence McCormley, et al.

Lower Court: Ninth Circuit
Docketed: 2021-04-23
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-procedure de-novo-review federal-magistrates-act judicial-procedure motion-consideration standing state-law-certification
Key Terms:
Securities JusticiabilityDoctri
Latest Conference: 2021-05-27
Question Presented (from Petition)

Does 28 U.S.C. § 636(b)(1)(C) allow a district judge, on de novo review of objections to a magistrate's report, to refuse to consider a motion to certify an issue of state law that was presented to the magistrate, on the ground that such a motion is itself a "new argument" that was not first presented to the magistrate who, in most, if not all, cases, has no authority under state certification statutes to grant it?

Question Presented (AI Summary)

Does 28 U.S.C. § 636(b)(1)(C) allow a district judge to refuse to consider a motion to certify an issue of state law that was presented to the magistrate

Docket Entries

2021-06-01
Petition DENIED.
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-05-04
Waiver of right of respondent J. Lawrence McCormley, et al. to respond filed.
2021-04-19
Petition for a writ of certiorari filed. (Response due May 24, 2021)

Attorneys

J. Lawrence McCormley, et al.
Eric Michael FraserOsborn Maledon, PA, Respondent
Sherwin Brook
Gerald D. W. NorthGerald D.W. North & Associates, Petitioner