No. 25-55
Kevin Cichowski, et al. v. Discover Bank
Tags: legal-notice mail-presumption mail-tracking postal-delivery procedural-presumption service-of-process
Latest Conference:
2025-09-29
Question Presented (from Petition)
Is the presumption in kerr of getting legal mail in 3 days is out of date?
Kerr v. McDonald 's Corp., 427 F.3d 947, 953 n.9 (11th Cir. 2005).. Courts apply a presumption of three days for receipt by mail.
BUT the mail system has permanently changed.
And petitioners have solid proof.
This court 's own mail was late being sent to the cichowskis.
Tracking number 9205590220086377897751
Question Presented (AI Summary)
Is the presumption of three-day mail receipt still valid given changes in the postal system?
Docket Entries
2025-10-06
Petition DENIED.
2025-08-27
DISTRIBUTED for Conference of 9/29/2025.
2025-01-14
Petition for a writ of certiorari filed. (Response due August 15, 2025)
Attorneys
Kevin Cichowski, et al.
Kevin Cichowski — Petitioner