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Bright Harry, et al. v. KCG Americas LLC, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-16258 · judgment March 24, 2022


Certiorari denied · June 5, 2023
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

This is an extremely complex commodity futures Case of Respondents' fraud against Petitioners. Just as this Court held in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-257 (1986), that the "Court of Appeals did not apply the correct standard in reviewing the district court's grant of summary judgment", Petitioners similarly hold that the 9th Circuit "Court of Appeals did not apply the correct standard[s] in reviewing the district court[s'] grant of [interlocutory orders that undergird all the subsequent orders and judgment including the judgment order and,] summary judgment". Thus, the Question Presented is: Whether in arrogant defiance of 36 years of this Court's precedent in Anderson v. Liberty Lobby, Inc., the Ninth Circuit, just like the other Appellate Courts, has statutory authority to disingenuously combine, • application of incorrect inter- and intra- eireuit-split Local-Rule-Modified-FRAP 34(a)(2) instead of the correct FRAP 34(a)(2), to deny Indigents and/or unrepresented Litigants oral argument, • application of incorrect standards for Appellate Review of district courts' grants of summary judgments, and • misapplication of Article n, §2 of the U.S. Constitution, in deploying appellate judicial staff-attorneys, as impostor judges, to adjudicate federal cases, instead of the actual Federal Appellate Judges, to create the devastating perfect legal storm that destroys 99% of Federal Appellate Cases of the most vulnerable Litigants — Indigents and/or Unrepresented (Pro Se), Litigants whose case loss or failure rate is a stunning 99%, with violation of their 1st, 5th and 7th Amendment Rights to boot. Henceforth, this"devastating combination of misapplication of standards and/or application of incorrect standards" will be shortened to ("Combo"), and inter­ changeably applied throughout this Petition.

Counsel of record

For petitioner
Bright Harry

For respondent
Jeffry M. Henderson
Greenberg Traurig LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 30 2023
    Rehearing DENIED.
  2. Oct 11 2023
    DISTRIBUTED for Conference of 10/27/2023.
  3. Jun 30 2023
  4. Jun 05 2023
    Petition DENIED.
  5. May 16 2023
    DISTRIBUTED for Conference of 6/1/2023.
  6. May 12 2023
    Waiver of right of respondents ION Trading, Inc., Andrea Pignataro, Robert Sylverne, Computer Voice Systems, Inc., Paul Strum and Scott William Benz to respond filed.
  7. Apr 25 2023
    Waiver of right of respondents KCG Americas, LLC, Daniel B. Coleman, Carl Gilmore, Greg Hostetler, Main Street Trading, Inc., Patrick J. Flynn, Wedbush Securities Inc., Edward W. Wedbush, Gary L. Wedbush to respond filed.
  8. Oct 04 2022
    Petition for a writ of certiorari filed. (Response due May 12, 2023)