Obduskey v. McCarthy & Holthus LLP
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-1307 | Jan 7, 2019 | 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.
SCOTUSblog Coverage
- Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling (Danielle D'Onfro, March 22, 2019)
- A view from the courtroom: Trials of Mississippi (Mark Walsh, March 20, 2019)
- OT2018 #14: "Decent Take" (First Mondays, January 14, 2019)
- Argument analysis: Searching for the least unnatural reading (Danielle D'Onfro, January 9, 2019)
- Argument preview: Is foreclosure debt collection? (Danielle D'Onfro, December 31, 2018)
- Petitions of the day (Aurora Barnes, April 26, 2018)
| Date | Proceedings and Orders |
|---|---|
| 03/13/2018 | Petition for a writ of certiorari filed. (Response due April 16, 2018) |
| 04/09/2018 | Motion to extend the time to file a response from April 16, 2018 to May 16, 2018, submitted to The Clerk. |
| 04/11/2018 | Motion to extend the time to file a response is granted and the time is extended to and including May 16, 2018. |
| 05/16/2018 | Brief of respondents McCarthy & Holthus LLP, et al. in opposition filed. |
| 05/23/2018 | Waiver of the 14-Day waiting period under Rule 15.5 filed by petitioner. |
| 05/29/2018 | DISTRIBUTED for Conference of 6/14/2018. |
| 05/30/2018 | Reply of petitioner Dennis Obduskey filed. (Distributed) |
| 06/11/2018 | Rescheduled. |
| 06/18/2018 | DISTRIBUTED for Conference of 6/21/2018. |
| 06/27/2018 | DISTRIBUTED for Conference of 6/27/2018. |
| 06/28/2018 | Petition GRANTED. |
| 07/16/2018 | Joint motion for an extension of time to file the opening briefs on the merits filed. |
| 07/23/2018 | 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. |
| 08/08/2018 | Blanket Consent filed by Petitioner, Dennis Obduskey. |
| 09/04/2018 | Blanket Consent filed by Respondents, McCarthy & Holthus LLP, et al.. |
| 09/10/2018 | Joint appendix filed. (Statement of costs filed) |
| 09/10/2018 | Brief of petitioner Dennis Obduskey filed. |
| 09/17/2018 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, INC filed. |
| 09/17/2018 | Brief amicus curiae of National Consumer Law Center filed. |
| 09/17/2018 | Brief amici curiae of Members of Congress filed. |
| 11/07/2018 | Brief of respondent McCarthy & Holthus LLP filed. |
| 11/07/2018 | Brief amicus curiae of Michigan Creditors Bar Association filed. |
| 11/13/2018 | Brief amicus curiae of National Creditors Bar Association filed. |
| 11/13/2018 | Amicus brief of Legal League 100 not accepted for filing. (November 15, 2018) (Duplicate submission) |
| 11/14/2018 | Brief amicus curiae of United States filed. |
| 11/14/2018 | Brief amicus curiae of Legal League 100 filed. |
| 11/14/2018 | Brief amici curiae of Mortgage Bankers Association, et al. filed. |
| 11/14/2018 | Brief amici curiae of United Trustee's Association, et al. filed. |
| 11/14/2018 | Brief amicus curiae of The Commercial Law League of America filed. |
| 11/14/2018 | Brief amicus curiae of USFN - America's Mortgage Banking Attorneys filed. |
| 11/14/2018 | Brief amicus curiae of Colorado Mortgage Lenders Association filed. |
| 11/14/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 11/28/2018 | SET FOR ARGUMENT ON Monday, January 7, 2019 |
| 11/30/2018 | CIRCULATED |
| 12/03/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 12/07/2018 | Reply of petitioner Dennis Obduskey filed. (Distributed) |
| 12/11/2018 | Record requested from the U.S.C.A. 10th Circuit. |
| 12/11/2018 | Record from the U.S.C.A. 10th Circuit is electronic and located on PACER. |
| 01/07/2019 | 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.) |
| 03/20/2019 | Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion. |
| 04/22/2019 | JUDGMENT ISSUED. |