No. 25-784

Kiya Cunningham v. Wells Fargo Bank, N.A., et al.

Lower Court: Fourth Circuit
Docketed: 2026-01-05
Status: Pending
Type: Paid
Tags: amendment-of-pleadings civil-rights discovery-sanctions due-process federal-rules-of-civil-procedure summary-judgment
Key Terms:
SocialSecurity DueProcess
Latest Conference: N/A
Question Presented (from Petition)

This petition presents recurring questions concerning the procedural limits of Federal Rules of Civil Procedure 56, 37, and 15, and the due-process protections afforded to civil-rights litigants at the summary-judgment stage.

The questions presented are:

1. Whether Federal Rule of Civil Procedure 56 and the Due Process Clause permit a district court to strike a non-movant's summary-judgment opposition and enter judgment without considering the non-movant's record materials, where the court did not afford a meaningful opportunity to respond.

2. Whether a district court may decline to enforce its own discovery orders under Rule 37 and nonetheless grant summary judgment against a civil-rights plaintiff deprived of evidence necessary to oppose the motion.

3. Whether denial of leave to amend that cures all identified deficiencies, contrary to Rule 15(a)(2) and Foman v. Davis, warrants reversal.

Question Presented (AI Summary)

Whether Federal Rule of Civil Procedure 56 and the Due Process Clause permit a district court to strike a non-movant's summary-judgment opposition and enter judgment without considering the nonmovant's record materials, where the court did not afford a meaningful opportunity to respond

Docket Entries

2026-02-04
Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2026.
2026-01-23
Motion to extend the time to file a response from February 4, 2026 to March 6, 2026, submitted to The Clerk.
2025-11-14
Petition for a writ of certiorari filed. (Response due February 4, 2026)
2025-09-19
Application (25A315) granted by The Chief Justice extending the time to file until November 14, 2025.
2025-09-08
Application (25A315) to extend the time to file a petition for a writ of certiorari from September 15, 2025 to November 14, 2025, submitted to The Chief Justice.

Attorneys

Kiya Cunningham
Kiya Cunningham — Petitioner
Wells Fargo Bank, N.A., et al.
Kevin Joseph DaltonFisher Phillips LLP, Respondent