No. 21-616

Lee W. Yeager v. FirstEnergy Generation Corporation

Lower Court: Sixth Circuit
Docketed: 2021-10-27
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure dismissal district-court due-process federal-procedure fifth-amendment legal-redress notice opportunity-to-be-heard pleading-amendment standing
Latest Conference: 2021-12-03
Question Presented (from Petition)

Whether a federal district court's outright dismissal
of a stayed action without having first lifted that stay,
to permit ruling on plaintiff's pending motion to amend
his pleading to substitute the proper party defendant,
offends the Fifth Amendment's Due Process Clause by
effectively denying plaintiff the right to redress his
grievance via some effective legal procedure that
includes notice and the opportunity to be heard.

Question Presented (AI Summary)

Whether a federal district court's outright dismissal of a stayed action without having first lifted that stay, to permit ruling on plaintiffs pending motion to amend his pleading to substitute the proper party defendant, offends the Fifth Amendment's Due Process Clause by effectively denying plaintiff the right to redress his grievance via some effective legal procedure that includes notice and the opportunity to be heard

Docket Entries

2021-12-06
Petition DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-09
Waiver of right of respondent FirstEnergy Generation Corporation to respond filed.
2021-10-25
Petition for a writ of certiorari filed. (Response due November 26, 2021)

Attorneys

FirstEnergy Generation Corporation
Ze-wen Julius ChenAkin Gump Strauss Hauer & Feld LLP, Respondent
Lee W. Yeager
Michael Dudley RossiGuarnieri & Secrest PLL, Petitioner