Rotkiske v. Klemm
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 18-328 | Oct 16, 2019 | Dec 10, 2019 | 8-1 | Thomas | OT 2019 |
Holding: Absent the application of an equitable doctrine, the statute of limitations in the Fair Debt Collection Practices Act, 15 U.S.C. §1692k(d), begins to run when the alleged FDCPA violation occurs, not when the violation is discovered.
Judgment: Affirmed, 8-1, in an opinion by Justice Thomas on December 10, 2019. Justice Sotomayor filed a concurring opinion. Justice Ginsburg filed an opinion dissenting in part and dissenting from the judgment.
SCOTUSblog Coverage
- Opinion analysis: A very narrow decision to start the term (Danielle D'Onfro, December 11, 2019)
- Argument analysis: Not a paragon of clarity (Danielle D'Onfro, October 18, 2019)
- Argument preview: A conflict between plain text and background rules (Danielle D'Onfro, October 10, 2019)
- One new grant and a 9th Circuit rebuke (Amy Howe, February 25, 2019)
| Date | Proceedings and Orders |
|---|---|
| 08/09/2018 | Application (18A161) to extend the time to file a petition for a writ of certiorari from August 13, 2018 to October 12, 2018, submitted to Justice Alito. |
| 08/15/2018 | Application (18A161) granted by Justice Alito extending the time to file until September 12, 2018. |
| 09/11/2018 | Petition for a writ of certiorari filed. (Response due October 15, 2018) |
| 10/31/2018 | DISTRIBUTED for Conference of 11/16/2018. |
| 11/05/2018 | Response Requested. (Due December 5, 2018) |
| 11/21/2018 | Motion to extend the time to file a response from December 5, 2018 to January 4, 2019, submitted to The Clerk. |
| 11/23/2018 | Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2019. |
| 01/04/2019 | Brief of respondents Paul Klemm, et al. in opposition filed. |
| 01/23/2019 | DISTRIBUTED for Conference of 2/15/2019. |
| 02/19/2019 | DISTRIBUTED for Conference of 2/22/2019. |
| 02/25/2019 | Petition GRANTED. |
| 03/08/2019 | Joint motion of the parties for an extension of time to file the briefs on the merits filed. |
| 03/19/2019 | Joint motion of the parties to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2019. The time to file respondents' brief on the merits is extended to and including July 12, 2019. |
| 04/03/2019 | Motion to dispense with printing the joint appendix filed by petitioner Kevin Rotkiske. |
| 04/22/2019 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 05/13/2019 | Brief of petitioner Kevin Rotkiske filed. |
| 05/20/2019 | Brief amici curiae of Samuel L. Bray, David Marcus, and Stephen C. Yeazell in support of neither party filed. |
| 05/20/2019 | Amicus brief of National Consumer Law Center not accepted for filing. (May 29, 2019)(Corrected version Submitted) |
| 05/20/2019 | Brief amicus curiae of National Consumer Law Center filed. |
| 07/01/2019 | SET FOR ARGUMENT on Wednesday, October 16, 2019. |
| 07/12/2019 | Brief of respondents Paul Klemm, et al. filed. |
| 07/18/2019 | Brief amicus curiae of United States filed. |
| 07/18/2019 | Brief amicus curiae of Receivables Management Association International, Inc. filed. |
| 07/19/2019 | Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 07/19/2019 | Brief amici curiae of Mortgage Bankers Association and the Chamber of Commerce of the United States of America filed. |
| 07/19/2019 | Brief amicus curiae of ACA International filed. |
| 07/19/2019 | Brief amicus curiae of The National Creditors Bar Association filed. |
| 08/01/2019 | CIRCULATED |
| 08/12/2019 | Reply of petitioner Kevin Rotkiske filed. (Distributed) |
| 08/16/2019 | Record requested from the U.S.C.A. 3rd Circuit. |
| 08/23/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 09/12/2019 | Complete record received in electronic format (U.S.C.A. 3rd Circuit and DIstrict Court filings). |
| 10/16/2019 | Argued. For petitioner: Scott E. Gant, Washington, D. C. For respondents: Shay Dvoretzky, Washington, D. C.; and Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 12/10/2019 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Sotomayor, J., filed a concurring opinion. Ginsburg, J., filed an opinion dissenting in part and dissenting from the judgment. |
| 01/13/2020 | JUDGMENT ISSUED. |