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Wilhelmina Montgomery v. NBC Television, et al.

IFP petition · United States Court of Appeals for the Second Circuit, No. 19-3665 · judgment November 12, 2020


Certiorari denied · October 4, 2021

Question presented

I. As, I, the pro se Plaintiff-Appellant pointed out in my First Amended Complaint (Doc. 9) and in my Second Amended Complaint (Doc. 51) two (2) different scenes in “Rosemary’s Baby the Miniseries ” in which my vases, in my view. of my actual written expression can be seen on the screen, could it be possible that the Court of Appeals Judges and the District Judge overlooked these two frames (each one appearing for about one second) when they watched the “Miniseries” and concurred in their decision to dismiss my action? Should not a jury made up of reasonable lay observers be allowed to view these frames - not by watching the “Miniseries” twenty-six (26) times as I have - but at least once, attentively?” II. Is the affirming by the U.S. Court of Appeals, Second District, in its Summary Order dated November 12, 2020 concerning the U.S. District Court’s (SDNY) granting Defendant Cinestar Pictures’ Motion to dismiss my, the pro se PlaintiffAppellant’s, FIRST AMENDED COMPLAINT considered to be fair and just legal procedure, when Cinestar Pictures failed to serve me its Motion to dismiss? III. Is it fair and just legal procedure for the Court of Appeals, Second Circuit, to affirm the District Court’s and Judge Broderick’s inaccurate statements in Document 76 and Document 89 - made to justify his dismissal of my SECOND AMENDED COMPLAINT (Doc. 51) - that he had used such limiting words as “only” and “for the limited purposes of’ in the court’s leave for me to amend, when he had not used those words therein? (Continued) i - oSr * IV. If Judge Broderick deemed my SECOND AMENDED COMPLAINT to be defective when I submitted it on April 18, 2018, was it fair of him to wait until June 2, 2019 to dismiss it - more than one year - and never having ordered me to cure it during that time? V. Did the U.S. Court of Appeals, Second Circuit, err when it affirmed the U.S. District Court’s Order to dismiss seven (7) Defendants in this case based on the district court’s inaccurate claim that I, the Plaintiff-Appellant, failed to provide the Court with service information for certain Defendants? Because the said seven «'fe .. . XfiS- ' Defendants were not served, should they not have been dismissed without prejudice? VI. Did the Court of Appeals, Second circuit err when it confirmed the District Court’s dismissal of the foreign Defendant Liaison Films with prejudice in this action when Judge Broderick had formerly written that he would consider permitting me, the Plaintiff, more time to summon the said foreign Defendant should I write to him in detail of my efforts to summon that foreign Defendant, which I did?

Counsel of record

For petitioner
Wilhelmina Montgomery

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 06 2021
    Rehearing DENIED. The Chief Justice took no part in the consideration or decision of this petition.
  2. Nov 09 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Oct 29 2021
    Petition for Rehearing filed.
  4. Oct 04 2021
    Petition DENIED. The Chief Justice took no part in the consideration or decision of this petition.
  5. Jul 29 2021
    DISTRIBUTED for Conference of 9/27/2021.
  6. Apr 12 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2021)