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Rosemarie Austin v. Nationstar Mortgage LLC, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-17091 · judgment December 22, 2021


Certiorari denied · October 3, 2022
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

The District Court disallowed Austin discovery of an undisclosed witness based on the premise that she would be unable to conduct discovery in a proper fashion acceptable to the Court. Should a litigant be denied their right to Due Process, under the 5th and 14th Amendments, solely on the court’s assumption that a litigant, in pro se, is not qualified to properly conduct discovery to the satisfaction of the judge, and consequently would be unable to pose proper questions to a witness and/or be able to illicit additional information of which would alter the Court’s perceived outcome of a case.

Counsel of record

For petitioner
Rosemarie Austin

For respondent
Benjamin W. Perry
Bradley Arant Boult Cummings LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Aug 03 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jul 27 2022
    Waiver of right of respondents Nationstar Mortgage LLC and Federal National Mortgage Association to respond filed.
  4. Apr 29 2022
    Petition for a writ of certiorari filed. (Response due July 25, 2022)