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Edward Mulcahy v. Aspen Pitkin County Housing Authority

Paid petition · District Court of Colorado, Pitkin County, No. 2015CV30150 · judgment March 6, 2019


Certiorari denied · October 5, 2020
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Did the District Court violate Mulcahy’s constitutional rights by denying Defendant-Petitioner Edward L. Mulcahy, Jr.’s (“Mulcahy”) C.R.C.P. 60(b) motion to vacate the underlying judgment for procedural due process violations where the underlying judgment severely impacts Mulcahy’s property rights by ordering him to sell his house and home; where, in obtaining the judgment, Plaintiff-Respondent Aspen Pitkin County Housing Authority (“APCHA”) disregarded almost every single procedural requirement in state court designed to ensure fair litigation practices, including improperly electing into the C.R.C.P. 16.1 expedited procedure, failing to serve orders on Mulcahy that would have apprised him of case management procedures, failing to serve discovery disclosures of any kind on Mulcahy, and failing to file a certificate of compliance with the court; and, further compounding these issues, where the District Court itself failed to follow-up or otherwise ensure procedural requirements were being met before entering early summary judgment in APCHA’s favor?

Counsel of record

For petitioner
Edward Mulcahy

For respondent

Case

Conference history
Distributed for 2 conferences

Linked docket
19A922

Proceedings

  1. Jan 11 2021
    Rehearing DENIED.
  2. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Oct 30 2020
    Petition for Rehearing filed.
  4. Oct 05 2020
    Petition DENIED.
  5. Jul 22 2020
    DISTRIBUTED for Conference of 9/29/2020.
  6. May 07 2020
    Petition for a writ of certiorari filed. (Response due July 6, 2020)
  7. Mar 03 2020
    Application (19A922) granted by Justice Sotomayor extending the time to file until May 7, 2020.
  8. Feb 15 2020
    Application (19A922) to extend the time to file a petition for a writ of certiorari from March 8, 2020 to May 7, 2020, submitted to Justice Sotomayor.