GwanJun Kim v. City of Ionia, Michigan, et al.

In this case THE PETITION for that “a United States court of appeals has entered a decision in conflict with the decision of’ “Complaint in this action under Rule 9(b) would be subject to the relaxed standard that is applied to claims where evidence “lies within [Defendants’] exclusive possession” Id.; U.S. ex rel. Tamanaha,2011 WL 3423788 at *2; (citing United States ex rel. Lee v. SmithKline Beecham, Inc., 245F.3d 1048, 1052 (9th Cir. 2001)); United States ex rel. Franklin, 147 F. Supp. 2d at 49. The panel was applied wrong that “Rule 9(b) [§ 10(b)] of the Securities Exchange Act of 1934 See. Cent. Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A., 511 U.S. 164, 190 (1994) Held: A private plaintiff may not maintain an aiding and abetting suit under § 10(b). Pp.170-192.] “it does not create a federal cause of action for fraud and dismissed the case ” Id. Petitioner complaint is not § 10(b). Therefore, Petitioner asks this Court to address RETROACTIVELY APPLICABLE TO case that are on collateral review. LIST OF PARTIES [X ] All parties do not appear in the caption of the cover page. A list of all parties to the proceeding in the court whose judgment is the subject of this petition is as follows: City of Ionia; Jennifer Skorka; Brandon Anderson; Troy Thomas; Jason Eppler ; 114 N Kidd St Ionia, MI 48846