No. 23-515

Amory Investments LLC, et al. v. Utrecht-America Holdings, Inc., et al.

Lower Court: Seventh Circuit
Docketed: 2023-11-15
Status: Denied
Type: Paid
Tags: circuit-split civil-procedure federal-rules federal-rules-of-civil-procedure judicial-discretion motion-to-dismiss procedural-rights rule-12(b)(6) rule-56 summary-judgment
Latest Conference: 2024-01-12
Question Presented (from Petition)

Is the Seventh Circuit correct in its view (contrary to that of other courts of appeals) that a district court may, in response to a motion made pursuant to Federal Rule of Civil Procedure 12(b)(6), "effectively grant summary judgment" under Federal Rule of Civil Procedure 56 without providing plaintiffs their procedural rights under Rule 56, on the basis that Rule 12 and Rule 56 can "merge"?

Question Presented (AI Summary)

Is the Seventh Circuit correct that a district court may 'effectively grant summary judgment' under Rule 56 without providing plaintiffs their procedural rights, on the basis that Rule 12 and Rule 56 can 'merge'?

Docket Entries

2024-01-16
Petition DENIED.
2023-12-27
DISTRIBUTED for Conference of 1/12/2024.
2023-11-13
Petition for a writ of certiorari filed. (Response due December 15, 2023)

Attorneys

Amory Investments LLC, et al.
Scott E. GantBoies Schiller Flexner LLP, Petitioner