No. 21-586

Peter Daza v. Indiana, et al.

Lower Court: Seventh Circuit
Docketed: 2021-10-21
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review civil-procedure claim-preclusion discovery due-process judicial-procedure litigation-strategy lucky-brand-v-marcel rehiring sineneng-smith-v-us summary-judgment
Latest Conference: 2022-01-07
Question Presented (from Petition)

1. Is the Seventh Circuit decision, requiring that claims between the parties that occur after the filing of a lawsuit must be filed in a pending lawsuit that has not yet been closed, contrary to the Court's decision of Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., 140 S.Ct. 1589 (2020), which stated that claims occurring after the filing of a lawsuit may be filed in a later lawsuit and not delay the litigation of the first lawsuit?

2. Is the Seventh Circuit decision contrary to the Supreme Court decision of United States v. SinenengSmith, 140 S.Ct. 1575 (2020) by allowing courts to preclude the litigation of later events between the parties in a later case when the defendant's motion for summary judgment in the first case did not raise the later events, the defendant refused to produce discovery or litigate in the first case the later events, and no party raised any issue about an application to reapply for the job for which the plaintiff was suing to be reinstated?

Question Presented (AI Summary)

Is the Seventh Circuit decision contrary to Supreme Court precedent on later claims and preclusion of later events?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-01
DISTRIBUTED for Conference of 1/7/2022.
2021-11-22
Waiver of right of respondent Indiana, et al. to respond filed.
2021-10-19
Petition for a writ of certiorari filed. (Response due November 22, 2021)

Attorneys

Indiana, et al.
Stephen Richard Creason — Respondent
Peter Daza
Richard Louis DarstCohen, Garelick & Glazier, Petitioner