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Aparna Vashisht-Rota v. Howell Management Services, LLC

Paid petition · Court of Appeals of Utah, No. 20230532-CA · judgment July 28, 2023


Certiorari denied · December 11, 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.

Questions presented

  1. Whether pursuant to 42 U.S.C. §1981, failure to provide Appellants’ contractual dues is discriminatory?

  2. Whether Appellant’s exercise of §925B to compel Utah to use California law retroactive to July 23, 2019 when the parties modified the employment to revert to California law means that Cal. Civ. Proc. Code §904.1 applies making the Orders final and appealable?

  3. Whether Appellant’s inability to counter the Costs motion at trial Court prejudicial in light of the fact that she won the costs motion at the Court of Appeals on January 19, 2023 and URAP Rule 34 (D) allows a party to file a response?

  4. Whether §925C allows Appellant to get attorney’s fees and injunctive relief for defending California employment in an out of state forum.

  5. Whether under URAP 5, the November 1, 2022 items mentioned at paragraph 5 b in the June 9th, 2023 Order arose from the interlocutory appeal means that the Court of Appeals still has jurisdiction under URAP Rule 5 and as the June 9th, 2023 Order was used to restrict Petitioner from filing the costs on appeal win from the interlocutory appeal, does that mean that the Court of Appeals still has jurisdiction?

Counsel of record

For petitioner
Aparna Vashisht-Rota

For respondent
Jeffrey Weston Shields
Ray Quinney & Nebeker, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Nov 30 2023
    Waiver of right of respondent Howell Management Services, LLC to respond filed.
  3. Nov 29 2023
    Waiver of Howell Management Services, LLC of right to respond not accepted for filing. (November 30, 2023)
  4. Nov 21 2023
    DISTRIBUTED for Conference of 12/8/2023.
  5. Nov 16 2023
    Waiver of right of respondent Howell Management Services, LLC to respond filed.
  6. Oct 19 2023
    Petition for a writ of certiorari filed. (Response due December 11, 2023)