No. 19-637

Emma Serna v. Margette Webster, et al.

Lower Court: Tenth Circuit
Docketed: 2019-11-18
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: arbitration arbitration-misconduct civil-procedure civil-rights contract-dispute default-judgments deprivation-of-rights due-process judicial-misconduct judicial-procedure mandamus misconduct standing state-court-jurisdiction
Key Terms:
Arbitration SocialSecurity
Latest Conference: 2020-03-20 (distributed 2 times)
Question Presented (from Petition)

STATE:

Mandate granted to the Serna Party filed on March, 2014
needs a writ of mandamus issued to obtain a written
judgment to execute, which has money issued with it, and
state district court refused to sign the judgment. State
Supreme Court had already ruled, and no factual
determination was questionable.

Need order to vacate state invalid arbitration award, from 2015,
procured through arbitrator 's misconduct to hear evidence
material to controversy between the contractor, thus the trial
court erred. Misconduct by Party member, Webster, who chose
to mislead the arbitrator that she had paid the contract in full,
left out the change orders, which are part of the contract, and
had not been paid.

FEDERAL:

Default judgments: were set aside, but were never signed, in
federal court, and one defendant refused to respond to the court 's
summons.

Damages for deprivation of civil and constitutional rights, in state
district court, and federal district court, against the Judicial Defendants.

Question Presented (AI Summary)

Whether a writ of mandamus should be issued to obtain a written judgment to execute, which has money issued with it, after the state supreme court had already ruled and no factual determination was questionable

Docket Entries

2020-03-23
Rehearing DENIED.
2020-03-04
DISTRIBUTED for Conference of 3/20/2020.
2020-02-10
2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-03
Waiver of right of respondents State of New Mexico, et al. to respond filed.
2019-12-02
Waiver of right of respondent Robert Simon to respond filed.
2019-03-30
Petition for a writ of certiorari filed. (Response due December 18, 2019)

Attorneys

Emma Serna
Emma Serna — Petitioner
Robert Simon
Robert GentileGuebert Bruckner, P.C., Respondent
State of New Mexico, et al.
Olga SerafimovaNew Mexico Office of the Attorney General, Respondent