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Francisco Negrete, et al. v. City of Oakland, California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-16244 · judgment August 19, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent and a petition filed soon after the judgment below.

Questions presented

  1. Pursuant to this Court’s decisions in Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg., 545 U.S. 308, 314 (2005) and Gunn v. Minton, 568 U.S. 251, 258 (2013), do the federal courts have subject matter jurisdiction over a state law claim that “inevitably” requires the resolution of a direct conflict between state law and a federal consent decree?

  2. Where a local government is mandated by state law to comply with the terms of its charter, as amended by the voters pursuant to their state constitutional right to order their municipal affairs, is compliance excused by conflicting terms of a settlement agreement between the local government and a private litigant, where that settlement agreement is entered as a federal district court order?

  3. Are the terms of a local government charter, endowed by the state constitution as having “the force and effect of [state] legislative enactments,” superseded by a settlement agreement between the local government and a private litigant, where that settlement agreement is entered as a federal district court order, and there has been no adjudication of the private litigants’ claims?

  4. May a federal court suspend operation of a local government charter, in furtherance of implementing a settlement agreement between the local government entity and private litigants, where there has been no adjudication of the private litigants’ claims?

Counsel of record

For petitioner
Zachery Alexander Lopes
Rains Lucia Stern St. Phalle & Silver, PC

For respondent
Allison L. Ehlert
Oakland City Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Jan 18 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 10 2023
    Waiver of right of respondents City of Oakland, et al. to respond filed.
  4. Dec 14 2022
    Petition for a writ of certiorari filed. (Response due January 17, 2023)