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1 [1] (2012)
FANE LOZMAN, PETITIONER v. THE CITY OF RIVIERA BEACH, FLORIDA

handle is hein.preview/prvwpepskig0001 and id is 1 raw text is: U.S. Department of Justice Office of the Solicitor General Washington, D.C. 20530 August 28, 2012 Honorable William K. Suter Clerk Supreme Court of the United States Washington, D.C. 20543 Fane Lozman v. The City of Riviera Beach, Florida S. Ct. No. 11-626 Dear Mr. Suter: On August 14, 2012, the Court directed the parties, and invited the Solicitor General, to file simultaneous letter briefs in the above-captioned case addressing the following question: The res in this putative in rem admiralty proceeding was sold at a judicial auction in execution of the district court's judgment on a maritime lien and a maritime trespass claim, Petn. App. 9a-10a, and subsequently destroyed, Petr. Br. 10-11. Does either the judicial auction or the subsequent destruction of the res render this case moot? In response to the Court's question, it is the position of the United States that the case has not been rendered moot by either the auction or the destruction of the original res in the proceeding, because respondent posted a $25,000 bond in the district court, which ensures that petitioner could still receive meaningful relief (from respondent) if petitioner were ultimately to prevail in the case. 1. An Article III case may become moot, or no longer fit for federal-court adjudication, when the parties do not retain a stake in the outcome of the case, not only at the outset of litigation, but throughout its course. Camreta v. Greene, 131 S. Ct. 2020, 2028, 2033 (2011) (internal quotation marks omitted). In Camreta, the case before this Court had become moot because the party on whose behalf the respondent had brought suit could no longer be affected by the Court of Appeals' ruling. Id. at 2034; see also, e.g., Calderon v. Moore, 518 U.S. 149, 150 (1996) (per curiam) (an appeal should * * * be dismissed as moot when * * * a court of appeals cannot grant 'any effectual relief whatever' in favor of the appellant) (quoting Mills v. Green, 159 U.S. 651, 653 (1895)). In the context of in rem proceedings, the same principle was recognized long ago in Chief Justice Marshall's observation that a federal court's jurisdiction might lapse if the

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