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Valentina Sheshtawy, et al. v. J. Cary Gray, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-20019 · judgment September 14, 2017


Certiorari denied · March 19, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does natural guardian custodial parent, possessed of all parental rights lose statutory and constitutional standing to sue in federal Court as next friend for minor child because Harris County Texas Probate Court 1 (“Probate Court”) has appointed a guardian ad litem over minor ward’s guardianship estate in an estate distribution proceeding:

  2. What constitutes standing under RICO for jurisdiction under Federal Rule Civil Procedure (“Fed.R.Civ.P.”) 12(b)(1) and what constitutes sufficient pleading for RICO claims to withstand dismissal for failure to state a cause of action under Federal Rule of Fed.R.Civ.P. 12(b)(6);

  3. Whether partial waiver of judicial immunity under Texas Estates Code §1201.003 (former Probate Code § 671(d))( James v. Underwood, Underwood 438 S.W.3d 704, 714 (Tex. App. Dist. 12014, no pet.). ) is applicable to RICO 4.Whether attorney litigant, guardian ad litem and attorney ad litem immunity under Texas law is applicable to RICO:

  4. Whether there were sufficient legal and factual bases for the trial Court to impose sanctions adverse to Petitioners due to a Fed.R.Civ.P. 59 motion for new hearing after the trial Court had denied sanctions during the Rule 12 proceedings; Did the trial Court Disregard Petitioners’’ and their counsel’s due process rights; and,

  5. Whether a trial Court may award and the Fifth Circuit may affirm pro se attorney attorney’s fees, as sanctions,

Counsel of record

For petitioner
Marina Tramontozzi

For respondent
Laura Jean Beckman
Harris County Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 19 2018
    Petition DENIED.
  2. Feb 28 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Feb 15 2018
    Waiver of right of respondents Harris County, Texas; Judge Lloyd Wright; Judge Ruth Ann Stiles; and Kimberly Hightower to respond filed.
  4. Feb 07 2018
    Waiver of right of respondents J. Cary Gray; Joseph Royce; Scott Funk; Gray, Reed & McGraw PC to respond filed.
  5. Feb 07 2018
    Waiver of right of respondents Crain Caton & James, PC; Sarah Patel Pacheco; Kathleen Tanner Beduze to respond filed.
  6. Feb 07 2018
    Waiver of right of respondents Silverado Senior Living, Incorporated, Josh K. Davis, Lewis Brisbois & Smith, LLP to respond filed.
  7. Feb 07 2018
    Waiver of right of respondents Carol Ann Manley and David Troy Peterson to respond filed.
  8. Feb 05 2018
    Waiver of right of respondents Robert MacIntyre, Jr.; W Cameron McCulloch; Christopher Burt; Jill Willard Young; and MacIntyre, McCulloch, Stanfield & Young L.L.P. to respond filed.
  9. Jan 16 2018
    Petition for a writ of certiorari filed. (Response due February 23, 2018)