Dana Escoffier v. Whole Foods Market Group, Inc.

Pursuant to FRCP Rule 56 (c)(1)(A), when there is a genuine dispute as to material fact, summary judgment cannot be granted. Should the USDC 2nd Circuit have dismissed plaintiffs case by granting summary judgment to the defendant when there are genuine isuues of material fact in dispute? No.

On appeal, the plaintiff requested appointment of pro-bono counsel. The Court of Appeals 2nd Ciruit denied request for appointment for pro-bono counsel and dismissed plaintiffs appeal. Should Court of Appeals 2nd Circuit have dismissed plaintiffs appeal without any briefing having been submitted when the time to submit the appeal had not expired? No.

Court of Appeals 2nd Circuit did not examine plaintiffs meritorious arguments that would have been presented on appeal. Was the USCA 2nd Circuit just, fair, neutral and impartial by dismissal of plaintiffs appeal before submission of plainttiffs Brief for the appeal? No.

By way of faithful execution of Law by trier-of-fact, was the dismissal of plaintiffs case prejudicial to plaintiff/Appellant? Yes.

Can the the USDC and USCA, 2nd Circuits assume and conclude there is no probative value to a pro se plaintiffs case and dismiss the plaintiffs case arbitrarily without fact finding? No.