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Emma Serna v. Margette Webster, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-2049 · judgment December 13, 2018


Certiorari denied · January 21, 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.

Question presented

STATE: Mandate granted to the Serna Party filed on March, 2014 needs a writ of mandamus issued to obtain a written judgment to execute, which has money issued with it, and state district court refused to sign the judgment. State Supreme Court had already ruled, and no factual determination was questionable. Need order to vacate state invalid arbitration award, from 2015, procured through arbitrator’s misconduct to hear evidence material to controversy between the contractor, thus the trial court erred. Misconduct by Party member, Webster, who chose to mislead the arbitrator that she had paid the contract in full, left out the change orders, which are part of the contract, and had not been paid. FEDERAL: Default judgments: were set aside, but were never signed, in federal court, and one defendant refused to respond to the court’s summons. Damages for deprivation of civil and constitutional rights, in state district court, and federal district court, against the Judicial Defendants. ■j

Counsel of record

For petitioner
Emma Serna

For respondent
Olga Serafimova
New Mexico Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 23 2020
    Rehearing DENIED.
  2. Mar 04 2020
    DISTRIBUTED for Conference of 3/20/2020.
  3. Feb 10 2020
    Petition for Rehearing filed.
  4. Jan 21 2020
    Petition DENIED.
  5. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  6. Dec 03 2019
    Waiver of right of respondents State of New Mexico, et al. to respond filed.
  7. Dec 02 2019
    Waiver of right of respondent Robert Simon to respond filed.
  8. Mar 30 2019
    Petition for a writ of certiorari filed. (Response due December 18, 2019)