No. 20-1695

Todd Phillippi v. Humble Design, L.L.C., et al.

Lower Court: Fifth Circuit
Docketed: 2021-06-08
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: attorney-fees callon-petroleum-v-frontier civil-procedure de-novo de-novo-review frcp-60(b) frcp-60b4 jurisdiction jurisdictional-requirements rule-41-dismissal rule-54 standard-of-review
Latest Conference: 2021-11-19 (distributed 2 times)
Question Presented (from Petition)

I.) Whether the Fifth Circuit can refuse to review the denial of a FRCP
60(b)(4) (lack of jurisdiction) motion under the "de novo " standard of
review, in light of its controlling precedent in Gallon Petroleum Co. v.
Frontier Ins. Co., 351 F.3d 204, 208 (5th Cir. 2003) mandating "De
Novo " Review?

II.) Whether a judgment is necessary to establish jurisdiction for a Fed. R.
Civ. P. Rule 54 motion for attorney fees in light of Fed. R. Civ. P. Rule
54 statutory requirement and the decisions of this court in "Sears,
Roebuck Co. v. Mackey , 351 U.S. 427 (1956) " and Curtiss-Wright
Corp. v. General Electric Co., 446 U.S. 1 (1980) requiring a Judgment?

HI.) Whether the inherent powers of the Court allow the Court to modify the
jurisdictional requirements of FRCP Rule 54 in light of Cooter Gell v.
Hartmarx Corp. 496 U.S. 384 (1990) and Curtiss-Wright limits on
those powers?

IV.) Whether the District Court has Jurisdiction to enter Orders after a
Fed.R.Civ.P 41 (a)( 1 )(a)(ii) dismissal without court order, in light of the
Fifth Circuit 's, holding in Bechuck v. Home Depot U.S.A., Inc., 814
F.3d 287 (2016) that the District Court loses jurisdiction?

Question Presented (AI Summary)

Whether the Fifth Circuit can refuse to review the denial of a FRCP 60(b)(4) motion under the de novo standard of review

Docket Entries

2021-11-22
Rehearing DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-10-28
2021-10-04
Petition DENIED.
2021-06-16
DISTRIBUTED for Conference of 9/27/2021.
2021-06-07
Waiver of right of respondents Humble Design, L.L.C. and Warren David Humble to respond filed.
2021-06-04
Petition for a writ of certiorari filed. (Response due July 8, 2021)

Attorneys

Humble Design, L.L.C. and Warren David Humble
Eric Charles WoodBrown Fox PLLC, Respondent
Todd Phillippi
Todd Phillippi — Petitioner