No. 21-935

McIlwain, LLC, aka Timothy J. McIlwain, Attorney at Law v. Hagens Berman Sobol Shapiro LLP

Lower Court: Ninth Circuit
Docketed: 2021-12-23
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights due-process equal-protection osborn-v-bank-of-the-united-states pro-hac-vice pro-se rowland-v-mens-colony subject-matter-jurisdiction summary-judgment transunion-llc-v-ramirez
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. Did the court below err in not considering the
issue of whether the District Court had subject matter
jurisdiction to consider the sole special defense upon
which the court granted summary judgment?

2. Did the decision of the court below in affirming
the decision of the District Court granting summary
judgment conflict with this Court's decision in.
Transunion, LLC v. Ramirez, ___U.S.
2190, 210 L.Ed.2d 568, 2021 WL 2599472 (June 25,
2021)?141 S.Ct.

3. Did the court below commit reversible error in
affirming the decision of the District Court to revoke
Plaintiff s pro hac vice appearance?

4. Did the court below err by refusing to consider
Plaintiffs argument that he should have been permitted
to appear pro se on behalf of his limited liability com
pany.

5. Should this court reconsider its holdings in
Osborn v. Bank of the United States, 9 Wheat. 738, 22
U.S. 738, 6 L.Ed 204 (1824); and Rowland v. Men 's
Colony, Unit IIMen 's Advisory Council, 506 U.S. 194,
113 S.Ct. 716,121 L.Ed 2nd 756 (1993) to the extent the
decisions ' prohibition of single owner, single employee,
limited liability corporations from appearing in feder
al courts except through licensed attorneys, violates
the due process clause, and equal protection component
of the Fifth Amendment to the U.S. Constitution?

Question Presented (AI Summary)

Did the court below err in not considering the subject-matter-jurisdiction

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2022-01-20
Waiver of right of respondent Hagens Berman Sobol Shapiro LLP to respond filed.
2021-12-16
Petition for a writ of certiorari filed. (Response due January 24, 2022)

Attorneys

Hagens Berman Sobol Shapiro LLP
Robert B. CareyHagens Berman Sobol Shapiro LLP, Respondent
McIlwain LLC, et al.
Timothy J. McIlwain — Petitioner