Marshall v. Cook
Petition for certiorari denied on October 6, 2025
Issue: Whether diversity jurisdiction may be created by having one diverse co-trustee bring the lawsuit, strategically excluding all nondiverse co-trustees as parties, or instead the citizenship of the nondiverse, nonparty co-trustees must be counted because they all are “real parties to the controversy” by virtue of their equally shared powers to hold and manage trust property and to sue and be sued in their own names—which here would destroy diversity.
| Date | Proceedings and Orders |
|---|---|
| 05/16/2025 | Application (24A1123) to extend the time to file a petition for a writ of certiorari from May 28, 2025 to July 25, 2025, submitted to Justice Alito. |
| 05/23/2025 | Application (24A1123) granted by Justice Alito extending the time to file until June 27, 2025. |
| 06/27/2025 | Petition for a writ of certiorari filed. (Response due July 31, 2025) |
| 07/30/2025 | Brief of respondent Stephen D. Cook, Doctor, in his Capacities as Co-Trustee of the Marshall Heritage Foundation and Marshall Legacy Foundation in opposition filed. |
| 08/13/2025 | DISTRIBUTED for Conference of 9/29/2025. |
| 08/13/2025 | Reply of petitioner Preston L. Marshall, Individually and as Co-Trustee of the Peroxisome Trust filed. (Distributed) |
| 10/06/2025 | Petition DENIED. |