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Genet McCann v. Ward E. Taleff, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35730 · judgment November 3, 2020

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.

Question presented

  1. Whether the Ninth Circuit’s departure from “the settled course of antecedent principles” in disregard of this Court’s and its own well-established legal standards, to sanction the District Court’s deliberate departure from the same, warrants this Court’s supervisory power to reverse and preserve the rule of law and maintain the integrity of the judicial system, particularly in light of the record that demonstrates that the Defendant officers of the court filed Rule 11(b) deficient motions to dismiss and to declare Plaintiff a vexatious litigant, asserting intentionally false material misrepresentations in fact and law, to intentionally subvert the impartial decision-making function of the District Court, to obtain a fraudulent dismissal and an order declaring Plaintiff vexatious. Arrow v. Gleason, 129 U.S. 86, 9 S.Ct. 237 (l889)(“[I]f a court finds that Defendants have been guilty of fraud in obtaining a judgment or decrees, it will deprive them of the benefit of it, and of any inequitable advantage which they have derived under it”).

Counsel of record

For petitioner
Genet McCann

For respondent
Chad Eldon Adams
Browning, Kaleczyc, Berry & Hoven, PC

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. Jul 29 2021
    Waiver of right of respondent Guy Rogers to respond filed.
    Main Document
  4. Jul 22 2021
    Waiver of right of respondents Paul McCann, Jr., Sheila McCann, William McCann and Mark Parker to respond filed.
    Main Document
  5. Jul 20 2021
    Waiver of right of respondent Casey Emerson to respond filed.
    Main Document
  6. May 10 2021
    Petition for a writ of certiorari filed. (Response due August 16, 2021)
    PetitionAppendixProof of ServiceCertificate of Word Count