No. 23-797

Marco Gonzalez v. Salem Shahin, et al.

Lower Court: Eighth Circuit
Docketed: 2024-01-24
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: appellate-review civil-procedure civil-rules judicial-discretion jurisdiction notice-of-appeal post-judgment-motion time-extension
Key Terms:
DueProcess
Latest Conference: 2024-06-20 (distributed 2 times)
Question Presented (from Petition)

This Court has made clear that the time requirements contained in the civil rules are claim-processing requirements that are subject to waiver and forfeiture, rather than mandatory and jurisdictional. Yet, largely as an artifact of what this Court described as a prior "profligate" use of the term "jurisdiction," the lower courts have retained the jurisdictional bar when a district court has improperly extended the time for post-judgment motions granted without objection. The first Question Presented is:

Does an unobjected-to extension of time to file a post-judgment motion, even though unauthorized by the civil rules, permit appellate review of the underlying judgment when the notice of appeal is timely when measured from the disposition of that motion?

This case also presents a second Question:

Are a judge's comments belittling the import of evidence that courts usually treated as establishing a prima facie case and impugning the motives of counsel, which the judge later wrote was only a "joke," cured at the end of a trial by a generic instruction that the jury should reach its own verdict?

Question Presented (AI Summary)

Does an unobjected-to extension of time to file a post-judgment motion, even though unauthorized by the civil rules, permit appellate review of the underlying judgment when the notice of appeal is timely when measured from the disposition of that motion?

Docket Entries

2024-06-24
Petition DENIED.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-05-30
2024-05-20
2024-04-24
Motion to extend the time to file a response is granted in part and the time is extended to and including May 20, 2024, for all respondents.
2024-04-23
Motion to extend the time to file a response from May 13, 2024 to June 27, 2024, submitted to The Clerk.
2024-04-23
Response to motion to extend the time to file a response from petitioner filed.
2024-04-11
Response Requested. (Due May 13, 2024)
2024-04-10
DISTRIBUTED for Conference of 4/26/2024.
2024-03-01
Waiver of right of respondents Salem Shahin, et al. to respond filed.
2024-02-06
Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2024, for all respondents.
2024-02-05
Motion to extend the time to file a response from February 23, 2024 to March 25, 2024, submitted to The Clerk.
2024-01-19
Petition for a writ of certiorari filed. (Response due February 23, 2024)
2023-12-14
Application (23A540) granted by Justice Kavanaugh extending the time to file until January 19, 2024.
2023-12-08
Application (23A540) to extend the time to file a petition for a writ of certiorari from December 20, 2023 to January 19, 2024, submitted to Justice Kavanaugh.

Attorneys

Carol Gilmore, MD; Richard Martin, MD; Paul Andelin, MD; and Mercy Medical Center
Tracy Vigness KolbMeagher & Geer, Respondent
Besse Halbrooks McDonaldMeagher & Geer, PLLP, Respondent
Jeffrey Adams, PA-C
Briana Lyn RummelVogel Law Firm, Respondent
Marco Gonzalez
Robert S. PeckCenter for Constitutional Litigation, PC, Petitioner
McKenzie County Health System, Inc
Randall Shane HansonCamrud, Maddock, Olson & Larson, LTD, Respondent
McKenzie County Health Systems, Inc
Matt Alexander PaulsonCamrud, Maddock, Olson & Larson, LTD, Respondent
Salem Shahin, MD
Kenneth Hunt Bayliss IIIQuinlivan & Hughs, P.A., Respondent