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Miller v. Walt Disney World Co.

Certiorari Denied

Petition for certiorari denied on April 15, 2013.

Docket No.12-851
Op. Below11th Cir.

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.

Proceedings & orders timeline

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

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