No. 22-955

Sauk-Suiattle Indian Tribe v. City of Seattle, Washington

Lower Court: Ninth Circuit
Docketed: 2023-03-30
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 28-usc-1447c article-iii article-three-limits federal-courts futility-doctrine jurisdiction remand removal removal-jurisdiction statutory-interpretation subject-matter-jurisdiction
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (from Petition)

1. Is the court-created "futility" doctrine, which
allows a United States court to decide a case removed
from state court even though it lacks jurisdiction, repugnant to Article III of the Constitution?

2. Does application of the so-called "futility" doctrine by a United States court to decide a case over
which it lacks jurisdiction contravene 28 U.S.C. 1447(c),
the plain language of which requires remand of the
cause to the state court from which it was removed?

3. Should the Supreme Court grant certiorari to
reconcile a conflict among the circuit courts of appeal
regarding the validity of the futility doctrine?

Question Presented (AI Summary)

Is the court-created 'futility' doctrine repugnant to Article III?

Docket Entries

2023-10-02
Petition DENIED.
2023-09-20
Letter of September 20, 2023 from counsel for petitioner filed. (Distributed)
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2023-07-19
DISTRIBUTED for Conference of 9/26/2023.
2023-07-12
Reply of petitioner Sauk-Suiattle Indian Tribe filed.
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2023-07-06
Brief of respondent City of Seattle, Washington in opposition filed.
Main DocumentCertificate of Word CountProof of ServiceMain DocumentCertificate of Word CountProof of Service
2023-05-25
Motion to extend the time to file a response is granted and the time is extended to and including July 7, 2023.
2023-05-24
Motion to extend the time to file a response from June 7, 2023 to July 7, 2023, submitted to The Clerk.
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2023-05-08
Response Requested. (Due June 7, 2023)
2023-05-02
DISTRIBUTED for Conference of 5/18/2023.
2023-04-06
Waiver of right of respondent City of Seattle, Washington to respond filed.
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2023-03-28
Petition for a writ of certiorari filed. (Response due May 1, 2023)
PetitionAppendixCertificate of Word CountProof of ServicePetitionAppendixCertificate of Word CountProof of Service

Attorneys

City of Seattle
Kari Lee Vander Stoep — K&L Gates LLP, Respondent
Robert Bertelson Mitchell Jr. — K&L Gates LLP, Respondent
Sauk-Suiattle Indian Tribe
Jack Warren Fiander — Sauk-Suiattle Indian Tribe, Petitioner