No. 18-655

Craig J. Spitzer v. Trisha A. Aljoe, et al.

Lower Court: Ninth Circuit
Docketed: 2018-11-20
Status: Denied
Type: Paid
Response Waived
Tags: abuse-of-discretion attorney-misconduct barton-doctrine civil-procedure civil-procedure-discovery-sanctions-public-entity- discovery discovery-sanctions discretionary-review frcp-26 public-entity sanctions section-1983 state-court-receiver
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2019-01-18
Question Presented (from Petition)

Does a district court have a duty under FRCP 26(g)(3) to sanction public entities and their attorneys for improper withholding of documents requested through discovery before settlement?

On the facts before it, did the district court abuse its discretion regarding the public entity's and its attorneys' withholding of documents?

Did the Court of Appeals abuse the abuse of discretion standard of review by not examining the whole record?

Should the Barton Doctrine be applied to a state court receiver sued in his personal capacity for damages under § 1983?

Is a constitutional violation within the scope of a state court receiver's authority?

Did Petitioner's plead a constitutional violation by the state court receiver?

Question Presented (AI Summary)

Does a district court have a duty under FRCP 26(g)(3) to sanction public entities and their attorneys for improper withholding of documents requested through discovery before settlement?

Docket Entries

2019-01-22
Petition DENIED.
2019-01-02
DISTRIBUTED for Conference of 1/18/2019.
2018-12-06
Waiver of right of respondents Trisha A. Aljoe, et al. to respond filed.
2018-11-15
Petition for a writ of certiorari filed. (Response due December 20, 2018)
2018-08-24
Application (18A209) granted by The Chief Justice extending the time to file until November 22, 2018.
2018-08-20
Application (18A209) to extend the time to file a petition for a writ of certiorari from September 23, 2018 to November 22, 2018, submitted to The Chief Justice.

Attorneys

Craig J. Spitzer
Craig J. Spitzer — Petitioner
Trisha A. Aljoe, et al.
Daniel G. SodergrenPleasanton, Respondent