Senne v. Village of Palatine

Federal 7th Circuit Court
Civil Court
Appellate Procedure
Citation
Case Number: 
No. 10-3243
Decision Date: 
September 6, 2012
Federal District: 
N.D. Ill., E. Div.
Holding: 
Motion to stay issuance of mandate pending disposition of petition for writ of certiorari denied
Ct. of Appeals denied defendant’s motion to stay mandate pending disposition of its petition for writ of certiorari to U.S. Supreme Ct. after finding that there was no reasonable probability that four Justices would vote to grant said writ or that five Justices would vote to reverse instant judgment. Underlying case concerned question as to whether plaintiff stated viable cause of action under Driver’s Privacy Protection Act, 18 USC sections 2721-25, arising out of defendant’s disclosure of plaintiff’s personal information on parking ticket issued to defendant, and Ct. of Appeals doubted that defendant’s petition for writ of certiorari would be granted where: (1) one of defendant’s main arguments was never raised in Ct. of Appeals; and (2) effect of underlying judgment was merely return of case to Dist. Ct. for hearing on merits of complaint.