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Marilyn Tillman-Conerly v. Office of Personnel Management, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-17502 · judgment July 2, 2021


Certiorari denied · October 4, 2021
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

1.) Whether the Ninth Circuit Court abused its discretion by finding and deciding that the District Court did not abuse its discretion by dismissing Plaintiff s/Appellant’s/Petitioner’s/Tillman-Conerly’s for failure to effect timely service of summons and complaint on Defendants/Appellees/ Respondents when Petitioner’s Process Server followed the necessary alternative service procedure instructed by Defendants’/Appellees’/ Respondents’ office of general counsel gave because of the Covid 19 pandemic (Corona Virus) which caused Defendants’/AppeUees’/Respondents’ agency to be closed without a date that they would be reopened? 2.) Whether Petitioner’s Process Server did-effect timely serve of summons and complaint on Defendants/Appellees/Respondents when the Process Server followed the necessary alternative service procedure instructed by Defendants’/Appellee’s/Respondent’s office of general counsel gave because of the uncontrollable covid 19 pandemic (Corona Virus) which caused defendants’ agency to be closed without a date that they would be reopened? 5.) Whether Plaintiff/Appellant/Petitioner did show good cause for failure to serve Plaintiff/Appellee/Respondent by Plaintiffs/Appellant’s/Petitioner’s Process Server not following the previous usual procedure, Plaintiff’s/ Appellee’s/Petitioner’s Process Server did-effect timely serve of summons and

Counsel of record

For petitioner
Marilyn Tillman-Conerly

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 16 2021
    Waiver of right of respondent OPM, et al. to respond filed.
  4. Jul 30 2021
    Petition for a writ of certiorari filed. (Response due September 7, 2021)