Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Miller v. Walt Disney World Co.

Petition for certiorari denied on April 15, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-851 11th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether due process requires notice to absentee class members of a settlement under Federal Rule of Civil Procedure 23(b)(2) in all cases or, at least, where the class’s rights are waived; (2) whether this case is an apt vehicle to decide a key issue left open in Wal-Mart Stores v. Dukes, and to resolve an inter-circuit conflict; (3) whether a class can be certified under Wal-Mart Stores v. Dukes where disability- necessitated reliance on a mobility device varies immensely among class members, and no single injunction can resolve a claim; and (4) whether, under Lujan v. Defenders of Wildlife, Arizona Christian School Tuition Org. v. Winn, and City of Los Angeles v. Lyons, the named plaintiffs, uninjured in California, have Article III standing to impose a national waiver or to insert California relief into their case in a settlement-only certification.

DateProceedings and Orders
Nov 2 2012Application (12A457) to extend the time to file a petition for a writ of certiorari from November 28, 2012 to January 27, 2013, submitted to Justice Thomas.
Nov 7 2012Application (12A457) granted by Justice Thomas extending the time to file until January 27, 2013.
Jan 9 2013Petition for a writ of certiorari filed. (Response due February 11, 2013)
Jan 29 2013Order extending time to file response to petition to and including March 13, 2013.
Feb 11 2013Waiver of right of respondents Stacey Rhea, et al. to respond filed.
Mar 12 2013Brief of respondent Walt Disney World Co. in opposition filed.
Mar 15 2013Reply of petitioners Jerry Miller, et al. filed.
Mar 20 2013DISTRIBUTED for Conference of April 12, 2013.
Apr 4 2013Letter of April 4, 2013, from counsel for petitioners received. (Distributed)
Apr 5 2013Letter of April 5, 2013, from counsel for respondent Walt Disney Parks and Resorts U.S., Inc. received. (Distributed)
Apr 15 2013Petition DENIED.
 
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