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Alfred Lam, et al. v. City and County of San Francisco, California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-15596 · judgment March 18, 2019


Certiorari denied · November 12, 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.

Questions presented

This case poses multiple questions due to on­ going and continuous instances of conduct rising to a level of discrimination, harassment, intimidation, and retaliation litigation proceedings back to 2005 throughout 2019. Petitioners have originally filed a legal action in U.S. District Court in October 10, 2008 (see related case).

  1. May a federal court ever grant a motion for relief from judgment under Federal Rule of Civil procedure 60(b) in a case involving legal error?

  2. Whether the district court erred in denying pro se plaintiffs’ “motion for leave to amend” arising from “newly discovered evidence” and “continuous and on­ going” instances of discrimination, harassment, intimidation, and retaliation?

  3. Whether the Ninth Circuit’s decision conflicts with its own and this Court’s precedents?

  4. Whether petitioners have satisfied discrimination, harassment, intimidation, and retaliation aspects giving rise to a “hostile work environment claim”?

  5. Is statistical data produced by petitioners-plaintiffs clearly supporting “disparate treatment” or “selective treatment” by opposing party admissible in federal court?

  6. Does this case provide a direct opportunity to settle an issue of public interest and matter of public concern? Page 3

Counsel of record

For petitioner
Alfred Lam

For respondent
Boris Reznikov
Office of San Francisco City Attorney

Case

Conference history
Distributed for 1 conference

Related
Vide, 19-378, 19-379

Linked docket
19A4

Proceedings

  1. Nov 12 2019
    Petition DENIED.
  2. Oct 23 2019
    DISTRIBUTED for Conference of 11/8/2019.
  3. Oct 02 2019
    Waiver of right of respondents City and County of San Francisco, et al. to respond filed.
  4. Sep 09 2019
    Petition for a writ of certiorari filed. (Response due October 21, 2019)
  5. Jun 28 2019
    Application (19A4) granted by Justice Kagan extending the time to file until September 11, 2019.
  6. Jun 25 2019
    Application (19A4) to extend the time to file a petition for a writ of certiorari from July 18, 2019 to September 11, 2019, submitted to Justice Kagan.