No. 21-55

Genet McCann v. Ward E. Taleff, et al.

Lower Court: Ninth Circuit
Docketed: 2021-07-15
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights court-integrity due-process fraud judicial-integrity judicial-misconduct legal-standards ninth-circuit rule-11 rule-of-law standing vexatious-litigant
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Whether the Ninth Circuit 's departure from "the settled course of
antecedent principles " in disregard of this Court 's and its own well-established legal
standards, to sanction the District Court 's deliberate departure from the same,
warrants this Court 's supervisory power to reverse and preserve the rule of law and
maintain the integrity of the judicial system, particularly in light of the record that
demonstrates that the Defendant officers of the court filed Rule 11(b) deficient
motions to dismiss and to declare Plaintiff a vexatious litigant, asserting
intentionally false material misrepresentations in fact and law, to intentionally
subvert the impartial decision-making function of the District Court, to obtain a
fraudulent dismissal and an order declaring Plaintiff vexatious. Arrow v. Gleason,
129 U.S. 86, 9 S.Ct. 237 (l889)( "[I]f a court finds that Defendants have been guilty
of fraud in obtaining a judgment or decrees, it will deprive them of the benefit of it,
and of any inequitable advantage which they have derived under it").

Question Presented (AI Summary)

Whether the Ninth Circuit's departure from the settled course of antecedent principles warrants this Court's supervisory power to reverse and preserve the rule of law and maintain the integrity of the judicial system

Docket Entries

2021-10-04
Petition DENIED.
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-07-29
Waiver of right of respondent Guy Rogers to respond filed.
2021-07-22
Waiver of right of respondents Paul McCann, Jr., Sheila McCann, William McCann and Mark Parker to respond filed.
2021-07-20
Waiver of right of respondent Casey Emerson to respond filed.
2021-05-10
Petition for a writ of certiorari filed. (Response due August 16, 2021)

Attorneys

Casey Emerson
Chad Eldon AdamsBrowning, Kaleczyc, Berry & Hoven, PC, Respondent
Genet McCann
Genet McCann — Petitioner
Guy Rogers
Jon A WilsonBrown Law Firm, P.C., Respondent
Paul McCann, Jr., Sheila McCann, William McCann and Mark Parker
Mark D. ParkerParker, Heitz & Cosgrove, PPLC, Respondent