No. 21-1404
Sunoco Partners Marketing & Terminals L.P., et al. v. Perry Cline, Individually and on Behalf of All Others Similarly Situated
Tags: appellate-jurisdiction burden-of-proof civil-procedure court-of-appeals district-court-order finality finality-doctrine good-faith-appeal protective-appeal
Latest Conference:
2022-09-28
(distributed 2 times)
Question Presented (from Petition)
Whether a court of appeals can refuse to exercise its jurisdiction to determine its own jurisdiction—and instead dismiss an appeal on the ground that an appellant has not met its "burden" to establish jurisdiction—when an appellant files a protective appeal reflecting its good-faith belief that a district court order is not final.
Question Presented (AI Summary)
Whether a court of appeals can refuse to exercise its jurisdiction to determine its own jurisdiction
Docket Entries
2022-10-03
Petition DENIED.
2022-09-08
Application (22A188) denied by Justice Gorsuch.
2022-09-07
Reply of applicant Sunoco Partners Marketing & Terminals L.P., et al. filed.
2022-09-06
Response to application from respondent Perry Cline filed.
2022-08-31
Letter filed.
2022-08-30
Response to application (22A188) requested by Justice Gorsuch, due September 6, 2022, at Noon (EDT).
2022-08-29
Application (22A188) for a stay, submitted to Justice Gorsuch.
2022-08-03
Reply of petitioners Sunoco Partners Marketing & Terminals L.P., et al. filed. (Distributed)
2022-08-03
DISTRIBUTED for Conference of 9/28/2022.
2022-07-15
Brief of respondent Perry Cline in opposition filed.
2022-06-07
Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2022.
2022-06-06
Motion to extend the time to file a response from June 16, 2022 to July 15, 2022, submitted to The Clerk.
2022-05-17
Response Requested. (Due June 16, 2022)
2022-05-10
DISTRIBUTED for Conference of 5/26/2022.
2022-05-02
Waiver of right of respondent Perry Cline to respond filed.
2022-04-28
Petition for a writ of certiorari filed. (Response due June 1, 2022)
2022-03-21
Application (21A440) granted by Justice Gorsuch extending the time to file until April 28, 2022.
2022-03-17
Application (21A440) to extend further the time from March 30, 2022 to April 28, 2022, submitted to Justice Gorsuch.
2022-02-23
Application (21A440) granted by Justice Gorsuch extending the time to file until March 30, 2022.
2022-02-17
Application (21A440) to extend the time to file a petition for a writ of certiorari from February 27, 2022 to March 30, 2022, submitted to Justice Gorsuch.
Attorneys
Perry Cline
Russell S. Post — Beck Redden LLP, Respondent
Sunoco Partners Marketing & Terminals L.P., et al.
Paul D. Clement — Clement & Murphy, PLLC, Petitioner