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Mark A. Di Carlo v. James R. Swartz, Jr., et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-4190 · judgment August 20, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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CAN A FEDERAL DISTRICT COURT JUDGE GRANT ATTORNEYS FEES IN FEDERAL DISTRICT COURT IN A FEDERAL REMOVAL PROCEEDING FROM OHIO STATE COURTS FOR DEFAMATION WHEREIN ATTORNEYS FEES ARE NOT PERMITTED IN THE OHIO STATE LAWS FOR DEFAMATION; AND/OR, THE ATTORNEYS FEES ARE IMPROPERLY AWARDED UNDER FEDERAL RULE OF CIVIL PROCEDURE 54 BY THE DISTRICT COURT JUDGE; AND/OR, CAN ATTORNEYS FEES BE AWARDED UNDER FEDERAL RULE OF CIVIL PROCEDURE 54 BASED UPON FRAUDULENT AND ILLEGAL AFFIDAVITS TO SUPPORT THE FEES FILED BY THE ATTORNEYS?
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CAN A UNITED STATES DISTRICT COURT JUDGE LOSE JURISDICTION TO DECIDE ATTORNEYS FEES WHICH WERE BASED UPON ILLEGAL AND FRAUDULENT AFFIDAVITS; WERE NOT FILED WITHIN FOURTEEN DAYS; AND BY THE JUDGES FAILURE TO RULE ON THE OBJECTIONS; AND HIS FAILURE TO COMPLY WITH THE CODE OF JUDICIAL CONDUCT?
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DOES A DISTRICT COURT JUDGE HAVE JURISDICTION TO DECIDE ATTORNEYS FEES AGAINST A DEFENDANT IN A CIVIL LAWSUIT, DIVERSITY CASE, APPROXIMATELY THIRTEEN MONTHS AFTER THE JURY AWARD, WITHOUT CAUSE; WHEREIN THE BILLING WAS NOT IN CONFORMITY WITH THE JUDGE'S OWN ORDER FOR SPECIFICITY IN BILLING?
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WAS THE PETITIONER DENIED THE RIGHT TO APPEAL THE AWARD OF ATTORNEYS FEES TO THE THE UNITED STATES DISTRICT COURT FOR THE SIXTH CIRCUIT UNDER DUE PROCESS GUARANTEES OF THE FOURTEENTH AMENDMENT; IN PARTICULAR WHEN THE APPEALS COURT REFUSED TO ADDRESS HIS ISSUES?
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WAS THE PETITIONER DENIED HIS RIGHT TO APPEAL THE AWARD OF ATTORNEYS FEES BY THE SIXTH CIRCUIT COURT OF APPEALS IN VIOLATION OF DUE PROCESS UNDER THE FOURTEENTH AMENDMENT ON THE BASIS THAT THEY WERE NOT PROPERLY BRIEFED; AFTER THEY HAD REFUSED TO ALLOW HIM TO FILE AN OVERSIZED BRIEF DESPITE THE NUMBER OF PARTIES AND NUMEROUS ERRORS BY THE TRIAL COURT; AFTER THEY WERE BRIEFED IN MOTIONS IN THE TRIAL COURT AND CITED IN THE APPEAL?
Counsel of record
For petitioner
Mark Anthony Di Carlo
For respondent
David Harold Boehm
Flannery Georgalis, LLC
Case
Conference history
Distributed for 1 conference
Proceedings
- May 16 2022Petition DENIED.
- Apr 26 2022DISTRIBUTED for Conference of 5/12/2022.
- Apr 05 2022Brief of respondents James R. Swartz, Jr., et al. in opposition filed.
- Mar 16 2022Response to motion to extend the time to file a response from petitioner Mark A. Di Carlo received.
- Mar 08 2022Motion to extend the time to file a response is granted and the time is extended to and including April 7, 2022.
- Mar 02 2022Motion to extend the time to file a response from March 7, 2022 to April 7, 2022, submitted to The Clerk.
- Nov 19 2021Petition for a writ of certiorari filed. (Response due March 7, 2022)