Obduskey v. McCarthy & Holthus LLP

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Obduskey v. McCarthy & Holthus LLP

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1307	10th Cir.	Jan 7, 2019 Tr.Aud.	Mar 20, 2019	9-0	Breyer	OT 2018

Holding: A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).

Judgment: Affirmed, 9-0, in an opinion by Justice Breyer on March 20, 2019. Justice Sotomayor filed a concurring opinion.

Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling (Danielle D'Onfro)
A “view” from the courtroom: Trials of Mississippi (Mark Walsh)
OT2018 #14: "Decent Take" (First Mondays)
Argument analysis: Searching for the least unnatural reading (Danielle D'Onfro)
Argument preview: Is foreclosure debt collection? (Danielle D'Onfro)
Petitions of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Mar 13 2018	Petition for a writ of certiorari filed. (Response due April 16, 2018)
Apr 09 2018	Motion to extend the time to file a response from April 16, 2018 to May 16, 2018, submitted to The Clerk.
Apr 11 2018	Motion to extend the time to file a response is granted and the time is extended to and including May 16, 2018.
May 16 2018	Brief of respondents McCarthy & Holthus LLP, et al. in opposition filed.
May 23 2018	Waiver of the 14-Day waiting period under Rule 15.5 filed by petitioner.
May 29 2018	DISTRIBUTED for Conference of 6/14/2018.
May 30 2018	Reply of petitioner Dennis Obduskey filed. (Distributed)
Jun 11 2018	Rescheduled.
Jun 18 2018	DISTRIBUTED for Conference of 6/21/2018.
Jun 27 2018	DISTRIBUTED for Conference of 6/27/2018.
Jun 28 2018	Petition GRANTED.
Jul 16 2018	Joint motion for an extension of time to file the opening briefs on the merits filed.
Jul 23 2018	Joint 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 September 10, 2018. The time to file respondents' brief on the merits is extended to and including November 7, 2018.
Aug 08 2018	Blanket Consent filed by Petitioner, Dennis Obduskey.
Sep 04 2018	Blanket Consent filed by Respondents, McCarthy & Holthus LLP, et al..
Sep 10 2018	Joint appendix filed. (Statement of costs filed)
Sep 10 2018	Brief of petitioner Dennis Obduskey filed.
Sep 17 2018	Brief amicus curiae of NAACP Legal Defense & Educational Fund, INC filed.
Sep 17 2018	Brief amicus curiae of National Consumer Law Center filed.
Sep 17 2018	Brief amici curiae of Members of Congress filed.
Nov 07 2018	Brief of respondent McCarthy & Holthus LLP filed.
Nov 07 2018	Brief amicus curiae of Michigan Creditors Bar Association filed.
Nov 13 2018	Brief amicus curiae of National Creditors Bar Association filed.
Nov 13 2018	Amicus brief of Legal League 100 not accepted for filing. (November 15, 2018) (Duplicate submission)
Nov 14 2018	Brief amicus curiae of United States filed.
Nov 14 2018	Brief amicus curiae of Legal League 100 filed.
Nov 14 2018	Brief amici curiae of Mortgage Bankers Association, et al. filed.
Nov 14 2018	Brief amici curiae of United Trustee's Association, et al. filed.
Nov 14 2018	Brief amicus curiae of The Commercial Law League of America filed.
Nov 14 2018	Brief amicus curiae of USFN - America's Mortgage Banking Attorneys filed.
Nov 14 2018	Brief amicus curiae of Colorado Mortgage Lenders Association filed.
Nov 14 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 28 2018	SET FOR ARGUMENT ON Monday, January 7, 2019
Nov 30 2018	CIRCULATED
Dec 03 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 07 2018	Reply of petitioner Dennis Obduskey filed. (Distributed)
Dec 11 2018	Record requested from the U.S.C.A. 10th Circuit.
Dec 11 2018	Record from the U.S.C.A. 10th Circuit is electronic and located on PACER.
Jan 07 2019	Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondent: Kannon K. Shanmugam, Washington, D. C.; and Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Mar 20 2019	Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
Apr 22 2019	JUDGMENT ISSUED.

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Opinion analysis: Divided court throws out additional jail time for sex offender – Amy Howe

Challengers urge justices not to decide racial-discrimination claim in census case – Amy Howe

Relist Watch – John Elwood
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This Week at the Court
On Monday, the Supreme Court released orders from the June 20 conference; the justices granted eight new cases, for a total of five hours of oral argument next term: Guerrero-Lasprilla v. Barr, Ovalles v. Barr, Dex Media Inc. v. Click-To-Call Technologies, LP, Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, Land of Lincoln Mutual Health Insurance Co. v. United States, Georgia v. Public.Resource.Org Inc. and Banister v. Davis.
Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
On Wednesday, the justices released their opinions in three argued cases: United States v. Haymond, Kisor v. Wilkie, and Tennessee Wine & Spirits Retailers Association v. Thomas.
On Thursday, the Supreme Court will release its final opinions for the term.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Kisor v. Wilkie Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Tennessee Wine & Spirits Retailers Association v. Thomas Tennessee’s 2-year durational-residency requirement applicable to retail liquor store license applicants violates the commerce clause and is not saved by the 21st Amendment.
- United States v. Haymond The U.S. Court of Appeals for the 10th Circuit’s judgment – that 18 U. S. C. §3583(k)’s last two sentences are unconstitutional and unenforceable – is vacated, and the case is remanded.
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Espinoza v. Montana Department of Revenue Whether it violates the religion clauses or the equal protection clause of the United States Constitution to invalidate a generally available and religiously neutral student-aid program simply because the program affords students the choice of attending religious schools.
More Petitions »
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Statistical Snapshot

Cases argued 69

Cases decided 66

Summary reversals 5

Merits cases granted to date 74

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Cases argued	69
Cases decided	66
Summary reversals	5
Merits cases granted to date	74

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