No. 22-1091

David Zook v. United States

Lower Court: Tenth Circuit
Docketed: 2023-05-09
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment administrative-subpoena civil-procedure due-process epa federal-agency official-curiosity reasonable-suspicion rule-6a
Latest Conference: 2023-09-26
Question Presented (from Petition)

Must the issuance and/or enforcement of an administrative subpoena (EPA) to a private individual be supported by something beyond "official curiosity" (i.e., whim) such as reasonable suspicion?

Ought Rule 6(A), Fed.R. Civ.P. be construed to add three additional days to the time-frame provided in Rule 59(e), Fed.R. Civ.P. when service of the Judgment/Order is by mail, particularly, when the opposing party (the government) is served electronically (instantaneously)?

Question Presented (AI Summary)

Must the issuance and/or enforcement of an administrative subpoena (EPA) to a private individual be supported by something beyond 'official curiosity' (i.e., whim) such as reasonable suspicion?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-14
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Waiver of right of respondent United States to respond filed.
2023-05-05
Petition for a writ of certiorari filed. (Response due June 8, 2023)
2023-03-15
Application (22A816) granted by Justice Gorsuch extending the time to file until May 5, 2023.
2023-03-03
Application (22A816) to extend the time to file a petition for a writ of certiorari from March 6, 2023 to May 5, 2023, submitted to Justice Gorsuch.

Attorneys

David Zook
David H Zook — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent