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Yan Sui, et al. v. Richard Alan Marshack, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-56323 · judgment February 23, 2018

Certiorari denied · October 1, 2018

Pre-decision estimate: 0% cert probability

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

Question presented

When petitioner sought remedy under discharge injunction against Wells Fargo Bank, N.A, Ninth Circuit denied. It directed petitioners to seek remedy under civil right as sanction in an "ongoing litigation." When petitioners sought that remedy, Ninth Circuit denied again based on "insubstantial question." Did Ninth Circuit improperly take away the latter remedy which is likewise guaranteed under federal laws?
Whether "judicial estoppel" could be applied as an exception to foreclose Ninth Circuit's Order contradictorily deeming such remedy "insubstantial?" STATEMENT OF RELATED PETITIONS Petitioners 'would inform Court that the following petitions are related to this petition: 17-851 Re: Ninth Circuit's affirming district court dismissal of 8: 15-cv-00059-JAK-AJW on "abusive litigation practices;" • 16- 1522 Re: Ninth Circuit's dismissal of Sui's appeal from BAP's Affirmance of bankruptcy court order denying Sui's motion to hold Trustee et al in contempt of discharge injunction on interlocutory order.

For petitioner
Yan Sui

For respondent
Marissa Marie Dennis
Allen Matkins Leck Gamble Mallory & Natsis LLP

Conference history
Distributed for 1 conference

Oct 01 2018
Petition DENIED.
Jul 18 2018
DISTRIBUTED for Conference of 9/24/2018.
Jun 22 2018
Waiver of right of respondent Wells Fargo Bank, N.A., et al. to respond filed.
Jun 13 2018
Waiver of right of respondent Richard Alan Marshack, et al. to respond filed.
May 17 2018
Petition for a writ of certiorari filed. (Response due July 5, 2018)