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Case Profile

Docket Number17-1094
Term2018
Full NameNutraceutical Corporation v. Troy Lambert
Short NameNutraceutical Corp. v. Lambert
PetitionerNutraceutical Corporation
RespondentTroy Lambert
Date Argued (Reargued)Nov. 27, 2018
Date Decided

Question Presented

Federal Rule of Civil Procedure 23(f) establishes a fourteen-day deadline to file a petition for permission to appeal an order granting or denying class-action certification. On numerous occasions, this Court left undecided whether mandatory claim-processing rules, like Rule 23 (f), are subject to equitable exceptions, because the issue was not raised below. See, e.g., Hamer v. Neighborhood Hous. Serv. of Chicago, 138 S. Ct. 13, 18 n.3, 22 (2017). That obstacle is not present here. The question presented is: did the Ninth Circuit err by holding that equitable exceptions apply to mandatory claim-processing rules and excusing a party's failure to timely file a petition for permission to appeal, or a motion for reconsideration, within the Rule 23(f) deadline? As the Ninth Circuit acknowledged below, its decision conflicts with other United States Circuit Courts of Appeals that have considered this issue (the Second, Third, Fourth, Fifth, Seventh, Tenth, and Eleventh Circuits).

Case Events

NoDateDescription
16 2018-08-20Joint appendix filed. (Statement of costs filed)
15 2018-08-20Brief of petitioner Nutraceutical Corporation filed.
14 2018-07-30Joint motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2018. The time to file respondent's brief on the merits is extended to and including October 1, 2018.
13 2018-07-24Joint motion for an extension of time to file the opening briefs on the merits filed.
12 2018-07-16Joint motion for an extension of time not accepted for filing. (July 23, 2018 - Corrected motion to be submitted.)
11 2018-06-25Petition GRANTED.
10 2018-06-18DISTRIBUTED for Conference of 6/21/2018.
9 2018-05-29DISTRIBUTED for Conference of 6/14/2018.
8 2018-05-23Reply of petitioner Nutraceutical Corporation filed.
7 2018-05-14Brief of respondent Troy Lambert in opposition filed.
6 2018-03-27Motion to extend the time to file a response is granted in part and the time is extended to and including May 14, 2018.
5 2018-03-14Motion to extend the time to file a response from April 6, 2018 to June 1, 2018, submitted to The Clerk.
4 2018-03-07Response Requested. (Due April 6, 2018)
3 2018-02-28DISTRIBUTED for Conference of 3/16/2018.
2 2018-02-15Waiver of right of respondent Troy Lambert to respond filed.
1 2018-02-01Petition for a writ of certiorari filed. (Response due March 7, 2018)

Case Counsels

NameParty NameDescriptionAddressPhoneType
John Charles HuestonNutraceutical CorporationCounsel of RecordHueston Hennigan LLP523 West 6th StreetSuite 400Los Angeles, CA 90014jhueston@hueston.com(213) 788-4340petitioner
Ronald Albert MarronTroy LambertCounsel of RecLaw Offices of Ronald A. Marron651 Arroyo DriveSan Diego, CA 92103ron@consumersadvocates.com619-696-9006respondent
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