Lassiter v. City of Philadelphia

Petition for certiorari denied on January 13, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-324 3d Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether, in an ordinary civil case, Federal Rule of Civil Procedure 16 gives a District Court carte blanche to raise, sua sponte, the affirmative defense of statute of limitations, where the defense was apparent on the face of the plaintiff’s complaint but the defendants had failed to plead it in their Answer and admitted to the Court that they had “missed it”; and (2) whether Federal Rule of Civil Procedure 8(c)(1), and the principle of party presentation that it embodies, preclude a District Court in an ordinary civil case from raising, sua sponte, a forfeited affirmative defense and granting the defendant leave to file an Amended Answer.

DateProceedings and Orders
Sep 10 2013Petition for a writ of certiorari filed. (Response due October 15, 2013)
Oct 5 2013Waiver of right of respondents City of Philadelphia, Pennsylvania, et al. to respond filed.
Oct 30 2013DISTRIBUTED for Conference of November 15, 2013.
Nov 1 2013Response Requested . (Due December 2, 2013)
Dec 2 2013Brief of respondents City of Philadelphia, Pennsylvania, et al. in opposition filed.
Dec 18 2013DISTRIBUTED for Conference of January 10, 2014.
Jan 13 2014Petition DENIED.
Term Snapshot