No. 18-9249

Tatyana Evgenievna Drevaleva v. Department of Veterans Affairs, et al.

Lower Court: Ninth Circuit
Docketed: 2019-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 9th-circuit-rules answering-brief appellate-procedure brief-filing civil-procedure deadlines judicial-sanctions motion-for-sanctions notification pro-se-litigation procedural-deadlines sanctions
Latest Conference: 2019-10-01
Question Presented (from Petition)

Litigating the Preliminary Injunction Appeal pursuant to the 9th Circuit's Rule 3-3(b), shall the Defendant-Appellee file an Answering Brief "within 28 days of service of appellant's opening brief"?

Pursuant to the 9th Circuit Rule 31-2.3, shall the 9th Circuit impose sanctions on the Defendant-Appellee's Attorney at Law for failing to file an Answering Brief on time and for failing to notify the 9th Circuit that no Brief would be filed?

If the Defendants missed a deadline to file an Answering Brief without notifying the Court of Appeals that no Brief would be filed, and if the Plaintiff-Appellant requested to process the Appeal without awaiting the Answering and the Reply Briefs, shall the Court of Appeals ignore the Plaintiff's request and allow the Defendants-Appellees to file an Answering Brief?

Shall the 9th Circuit deny without any explanations the Plaintiff-Appellant's Motion for Sanctions pursuant to the 9th Circuit's Rule 31-2.3 for Defendants-Appellees failure to file an Answering Brief on time and for failure to notify the Court that no Brief would be filed?

Question Presented (AI Summary)

Whether the 9th Circuit erred in denying Plaintiff-Appellant's motion for sanctions against Defendant-Appellee for failure to file an answering brief on time and failure to notify the court

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-10
Waiver of right of respondent Dept. of Veterans Affairs, et al. to respond filed.
2019-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2019)

Attorneys

Dept. of Veterans Affairs, et al.
Noel J. FranciscoSolicitor General, Respondent
Tatyana Evgenievna Drevaleva
Tatyana E. Drevaleva — Petitioner