Civil Procedure
Fall 2023
Professor H. Tomas Gomez-Arostegui
Syllabus
Civil Procedure Syllabus v 1.1 Fall 2023
Casebook for Fall 2023
Spencer, Civil Procedure: A Contemporary Approach (West, 6th ed. 2021)—ISBN 9781684675494 (CasebookPlus Hardcover with eBook) or ISBN 9781647089542 (CasebookPlus eBook). Both CasebookPlus formats (when purchased new) include digital access to 416 multiple-choice questions written by the author and another professor, which you may find useful because the closed-book exam will be 100% multiple choice and true/false. But you are not required to purchase access to those digital resources. Do not purchase a prior edition, as they are not interchangeable.
Relevant FRCPs & Statutes
(As I mentioned in class, these will be slightly revised toward the end of the semester—I will add a few things and may remove some things—the changes will appear in a different color so they will be easy to find)
FRCP Gomez Edition v1.5 FINAL VERSION
Statutes Gomez Edition v1.3 FINAL VERSION
Assigned Supplemental Reading (these are things you need to read before the appointed class)
Class 1: Personal Jurisdiction before International Shoe (1945) docx
Class 4: Excerpt of Mallory v. Norfolk Southern Railway (2023)
Class 16: Compulsory Joinder Analysis docx
Class 21: Historical Perspective on the Law / Equity Divide
Class Handouts (these are things we will discuss during the appointed class; you can skim them ahead of time if you would like but are not obligated to do so):
Class 2: Specific Personal Jurisdiction after International Shoe docx
Class 1, 2 & 4: Personal Jurisdiction FRCP 4 and ORCP 4 & 5
Class 4: Modern Personal Jurisdiction Synthesis and Framework docx
Class 5: Personal Jurisdiction Hypothetical (this is a hypothetical that you can now tackle on your own if you would like to review PJ; we needed to wait until you learned a bit more about domicile and PPB in the context of diversity subject-matter jurisdiction; but you have now learned that in Class 5; I will hold a Zoom session (link to follow) on Sept. 18 at 5 pm to discuss this hypothetical online with anyone who shows up)
Class 6: Supplemental Jurisdiction docx
Class 7: Clifford v. Trump (2018)—Notice of Removal
Class 9: Vassell v. Popeyes (2023)—Complaint (serves as an interesting review of the pleading requirements needed to allege diversity subject-matter jurisdiction)
Class 10: Erie and Hanna Framework REVISED docx
Class 10: Clifford v. Trump (2018)—Order on Motion to Dismiss/Strike (provides an example of an express horizontal choice-of-law analysis; it also implicitly applies a vertical choice-of-law analysis; note, this is a different lawsuit from the Clifford v. Trump case noted in Class 7)
Class 10: Albright v. Christensen (2022)—6th Circuit Opinion (provides a good and recent example of a court applying Hanna and Erie to some Michigan state-law rules governing medical-malpractice suits)
Class 11: Old FRCP Forms (2006)
Class 11: Scofield v. Guillard (2022)—Complaint, Summons & Civil Cover Sheet
Class 11 &13: Scofield v. Guillard (2022)—Proof of Service
Class 12: Twiqbal Synthesis and Framework docx
Class 12: Medieval Times v. Medieval Times Performers United (2023)—Order on Motion to Dismiss Complaint
Class 12: Amin v. Subway Restaurants (2021)—First Amended Complaint
Class 12: Amin v. Subway Restaurants (2021)—Order on Motion to Dismiss Complaint
Class 13: Scofield v. Guillard (2023)—Answer and Counterclaims
Class 13: Scofield v. Guillard (2023)—Motion to Dismiss Counterclaims
Class 13: Scofield v. Guillard (2023)—Order on Motion to Dismiss Counterclaims
Class 13: Scofield v. Guillard (2023)—Motion to Dismiss Complaint (SMJ, PJ, Venue, Merits)
Class 13: Scofield v. Guillard (2023)—Opposition to Motion to Dismiss Complaint
Class 13: Scofield v. Guillard (2023)—Order Denying Motion to Dismiss Complaint
Class 15: Scofield v. Guillard (2023)—Motion for Sanctions under Rule 11
Class 15: Subject-Matter Jurisdiction and Rule 15 Hypothetical (this is a hypothetical that you can now tackle on your own if you would like to review SMJ and Rule 15 amendments; it is a continuation of, and relies upon, our prior big hypothetical on personal jurisdiction (see above); I will hold a Zoom session (link to follow) on Friday, October 27 at 12:00 pm to discuss this hypothetical online with anyone who shows up)
Class 16: Supplemental Jurisdiction docx
Class 16 & 17: Subject-Matter Jurisdiction Hypotheticals
Class 17: Scofield v. Guillard (2023)—Motion to Quash Subpoena
Class 17: Scofield v. Guillard (2023)—Order on Motion to Quash
Class 18: Discovery Disputes v1.1 docx
Class 18: Freeman v. Giuliani (2023)—Order on Discovery Sanctions
Class 18: Scofield v. Guillard (2023)—Plaintiff’s Motion for Summary Judgment
Class 19: Scofield v. Guillard (2023)—Motion for Entry of Default
Class 19: Scofield v. Guillard (2023)—Entry of Default
Class 19: Scofield v. Guillard (2023)—Motion for Default Judgment
Class 19: Scofield v. Guillard (2023)—Order on Motion to Set Aside Entry of Default
Class 20: Summary Judgment Framework REVISED docx
Class 20: Kasbarian v. Equinox (2016)—Defendants’ Motion for Summary Judgment
Class 20: Kasbarian v. Equinox (2016)—Defendants’ Statement of Uncontroverted Facts
Class 20: Kasbarian v. Equinox (2016)—Plaintiff’s Opposition to Motion for Summary Judgment
Class 20: Kasbarian v. Equinox (2016)—Plaintiff’s Statement of Genuine Disputes
Class 20: Kasbarian v. Equinox (2016)—Defendants’ Reply
Class 20: Kasbarian v. Equinox (2016)—Order on Motion for Summary Judgment
Class 21 & 22: Seventh Amendment Framework docx
Class 22-24: Oregon Firearms Federation v. Kotek (2023)—Findings of Fact & Conclusions of Law
Class 23: Laser Tech. v. Nikon (2003)—Plaintiff’s Motion for JMOL Rule 50(a)
Class 23 & 24: Laser Tech. v. Nikon (2003)—Defendant’s Motion for RJMOL and NT Rule 50(b) & 59
Class 23 & 24: Laser Tech. v. Nikon (2003)—Opposition to Rule 50(b) & 59 Motion
Class 24: Holguin v. Credit Control (2023)—Jointly Proposed Jury Instructions
Class 24: Holguin v. Credit Control (2023)—Plaintiff’s Proposed Jury Instructions
Class 24: Holguin v. Credit Control (2023)—Defendant’s Proposed Jury Instructions
Class 24: Versata Software v. Ford Motor Co. (2022)—Final Jury Instructions
Class 24: Versata Software v. Ford Motor Co. (2022)—Verdict Form
Class 24: Salazar v. AT&T (2021)—Verdict Form
Class 24: Cazares v. HIBI (2020)—Proposed Special Verdict Form
Class 24: Aleman v. Volvo Cars USA (2022)—Special Verdict Form
