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Cromwell v. Tacon

Certiorari Denied

Petition for certiorari denied on January 20, 2026.

Docket No.25-344
Op. Below2d Cir.

Issue

Whether and (if so) under what circumstances a district court may dismiss a plaintiff’s case without prejudice under Rule 41, if the defendant has a time-bar defense in the forum where the case is pending, and that without-prejudice dismissal would permit refiling in another forum where a longer limitations period potentially applies.

Proceedings & orders timeline

Sep 19, 2025
Petition for a writ of certiorari filed. (Response due October 23, 2025)
Oct 3, 2025
Waiver of right of respondent William Tacon to respond filed.
Oct 8, 2025
DISTRIBUTED for Conference of 11/7/2025.
Oct 14, 2025
Response Requested. (Due November 13, 2025)
Oct 28, 2025
Motion to extend the time to file a response from November 13, 2025 to December 15, 2025, submitted to The Clerk.
Oct 29, 2025
Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2025.
Dec 15, 2025
Brief of respondent William Tacon in opposition filed.
Dec 29, 2025
Reply of petitioners Robert Cromwell, et al. filed. (Distributed)
Dec 30, 2025
DISTRIBUTED for Conference of 1/16/2026.
Jan 20, 2026
Petition DENIED.

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