Kelley v. Boosalis
- Susan Nelson
- 0:18-cv-00868
- U.S. District Court · District of Minnesota
- 2
In Kelley v. Boosalis, Judge Nelson canceled a status conference because Kelley had asked the Eighth Circuit to rehear its ruling.
The plaintiff, the defendant, and their counsel were affected because the October 21, 2020 status conference was canceled and counsel were ordered to report the Eighth Circuit's decision.
What happened
In Kelley v. Boosalis, the court had scheduled an October 21, 2020 status conference after a recent Eighth Circuit ruling in related appeals.
The parties told the court that Kelley had filed a petition asking the Eighth Circuit to rehear the matter with all of its judges. Because that petition was pending, the court canceled the status conference.
Judge Susan Richard Nelson ordered counsel to tell the court what the Eighth Circuit decided on the petition. The order did not decide the underlying dispute.
The detailed version
- Kelley v. Boosalis · No. 0:18-cv-00868
- Susan Nelson
- Oct. 15, 2020
Background
The court had scheduled a status conference for October 21, 2020, in light of a recent Eighth Circuit Court of Appeals ruling on consolidated appeals in this matter and a related case. The opinion cites that appellate ruling as 974 F.3d 884 (8th Cir. 2020).
What the Parties Reported
The parties informed the court that, on October 9, 2020, Kelley filed a petition for rehearing en banc in the Eighth Circuit. A rehearing en banc is a request for the full court of appeals to reconsider a decision.
Ruling
Because the petition was pending, the court canceled the October 21 status conference. The court ordered counsel to advise it of the Eighth Circuit's decision on the petition. This order addressed scheduling and did not decide the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.