Obduskey v. McCarthy & Holthus LLP
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 Stephen G. Breyer on Mar 20, 2019. Justice Sotomayor filed a concurring opinion.
Mar 13, 2018Petition for a writ of certiorari filed. (Response due April 16, 2018)Apr 9, 2018Motion to extend the time to file a response from April 16, 2018 to May 16, 2018, submitted to The Clerk.
Apr 11, 2018Motion to extend the time to file a response is granted and the time is extended to and including May 16, 2018.
May 16, 2018Brief of respondents McCarthy & Holthus LLP, et al. in opposition filed.May 23, 2018Waiver of the 14-Day waiting period under Rule 15.5 filed by petitioner.May 29, 2018DISTRIBUTED for Conference of 6/14/2018.
May 30, 2018Reply of petitioner Dennis Obduskey filed. (Distributed)Jun 11, 2018Rescheduled.
Jun 18, 2018DISTRIBUTED for Conference of 6/21/2018.
Jun 27, 2018DISTRIBUTED for Conference of 6/27/2018.
Jun 28, 2018Petition GRANTED.
Jul 16, 2018Joint motion for an extension of time to file the opening briefs on the merits filed.Jul 23, 2018Joint 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 8, 2018Blanket Consent filed by Petitioner, Dennis Obduskey.Sep 4, 2018Blanket Consent filed by Respondents, McCarthy & Holthus LLP, et al..Sep 10, 2018Joint appendix filed. (Statement of costs filed)Sep 10, 2018Brief of petitioner Dennis Obduskey filed.Sep 17, 2018Brief amicus curiae of NAACP Legal Defense & Educational Fund, INC filed.Sep 17, 2018Brief amicus curiae of National Consumer Law Center filed.Sep 17, 2018Brief amici curiae of Members of Congress filed.Nov 7, 2018Brief of respondent McCarthy & Holthus LLP filed.Nov 7, 2018Brief amicus curiae of Michigan Creditors Bar Association filed.Nov 13, 2018Brief amicus curiae of National Creditors Bar Association filed.Nov 13, 2018Amicus brief of Legal League 100 not accepted for filing. (November 15, 2018) (Duplicate submission)
Nov 14, 2018Brief amicus curiae of United States filed.Nov 14, 2018Brief amicus curiae of Legal League 100 filed.Nov 14, 2018Brief amici curiae of Mortgage Bankers Association, et al. filed.Nov 14, 2018Brief amici curiae of United Trustee's Association, et al. filed.Nov 14, 2018Brief amicus curiae of The Commercial Law League of America filed.Nov 14, 2018Brief amicus curiae of USFN - America's Mortgage Banking Attorneys filed.Nov 14, 2018Brief amicus curiae of Colorado Mortgage Lenders Association filed.Nov 14, 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Nov 28, 2018SET FOR ARGUMENT ON Monday, January 7, 2019
Nov 30, 2018CIRCULATED
Dec 3, 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 7, 2018Reply of petitioner Dennis Obduskey filed. (Distributed)Dec 11, 2018Record requested from the U.S.C.A. 10th Circuit.
Dec 11, 2018Record from the U.S.C.A. 10th Circuit is electronic and located on PACER.
Jan 7, 2019Argued. 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, 2019Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
Apr 22, 2019JUDGMENT ISSUED.
Recommended Citation: Obduskey v. McCarthy & Holthus LLP, SCOTUSblog, https://www.scotusblog.com/cases/obduskey-v-mccarthy-holthus-llp/