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Andrew Chien v. Andrew K. Clark, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-3695 · judgment July 12, 2018


Certiorari denied · January 7, 2019
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

Whether the Second Circuit erred that to grant Appellees motion for summary affirmance while to deny Chien's three motions as moot, indicating so far there were no final solutions of the merits of following three motions: (a) to stay the District Court's order for both penalty of pre-filing injunction and denial of Chien's complaint, because that order erred by abandoned Rule 8(b)(6) of Fed. R. Civ. Proc by not admitting Chien's allegations after 14 defendants-appellees, except Island Stock Transfer voluntarily, didn't ifie pleadings to deny Chien's allegations; (b) to disqualify District Court Judge because the Judge consistently violated standard procedure in bias and preju&ce Chien; (c) default judgment against Appellees because none of them to file Responding Brief to answer the facts and causes raised in Chien's Brief. Whether the Racketeer Influenced and Corrupt Organizations Act ("RICO") permits the District Court for Connecticut ("Cr'), following fair and impartiality, to process the pleading of the plaintiff, who has been living and working in CT, for issuing equitable relief and triple damage to protect him from injury of the liberty, property or business caused by ongoing criminal activities taken place in Virginia ("VA"), CT, Nevada, and Florida.

Counsel of record

For petitioner
Andrew Chien

For respondent
Michael George Caldwell
LeClairRyan, PLLC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Feb 25 2019
    Rehearing DENIED.
  2. Feb 06 2019
    DISTRIBUTED for Conference of 2/22/2019.
  3. Jan 29 2019
    Petition for Rehearing filed.
  4. Jan 07 2019
    Petition DENIED.
  5. Dec 12 2018
    DISTRIBUTED for Conference of 1/4/2019.
  6. Nov 28 2018
    Waiver of right of respondents Bradley A. Haneberg and Vincent McNelley to respond filed.
  7. Nov 21 2018
    Waiver of right of respondent William K. Grogan to respond filed.
  8. Nov 08 2018
    Waiver of right of respondents Andrew K. Clark, LeClairRyan, Richard J. Freer, Christian K. Vogel, Michael G. Caldwell, Joseph M. Rainsbury, Joaquin L. Madry, Ilan Markus, James R. Byrne, and Estate of Everette G. Allen Jr. to respond filed.
  9. Nov 08 2018
    Waiver of right of respondent Island Stock Transfer to respond filed.
  10. Nov 02 2018
    Petition for a writ of certiorari filed. (Response due December 6, 2018)