No. 23-1152

Bernadette Dickerson v. Koch Foods, LLC, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-04-23
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights ex-parte-communication federal-procedure fraud judicial-bias pro-se-litigation retaliation sex-discrimination summary-judgment title-vii
Key Terms:
ERISA EmploymentDiscrimina Privacy
Latest Conference: 2024-06-20
Question Presented (from Petition)

Whether if I didn't give consent for my case to be conducted by the magistrate Judge Kelly Pate. Rule 73. 28 U.S.C. § 636(c). A record must be made of consent 28 U.S.C. § 636(c)(5). I asked for trial by jury, never consented to a magistrate conducting any proceedings, is grounds for vacating judgment.

• Whether the District court errored in allowing summary judgment with all material facts being disputed, which I expressed in my objection to summary judgment is grounds for vacating summary judgment. Rule 56 of Federal Rules of Civil Procedure. Grounds for vacating summary judgment.

• Whether granting motion to strike, dismiss and summary judgment is prohibited without oral argument is grounds for vacating summary judgment. Rule 78

• Whether it is grounds to vacate judgment for violating federal fraud law 18 U.S.C. Section 1001 (Oct. 11, 1996) knowingly and intentionally doing any of the following: falsifying, concealing, or covering up by any trick, scheme, or device a material fact- making any materially false, fictitious, or fraudulent statement or representation; or entry.

• Whether 28 CFR § 76.15 ex parte communication initiated by the district magistrate judge with opposing party on multiple occasions and after becoming clearly biased and prejudice, grounds for vacating judgment.

• Whether Judge Kelly Pate denying recusal after clear and concise bias and prejudice after initiating ex parte communication was inappropriate and becoming impartial grounds for vacating summary judgment. (Doc 56).

• Whether all my newly discovered evidence since trial; material; of such weight that it will produce a new result. If this Rule 60(b)(3) allows a court to grant relief and vacate summary judgment.

• Whether me being thrust into pro se and not registered in the cm/ecf system and newly discovered evidence which by due diligence could not have been discovered until my petition for rehearing Rule 60(b) is grounds for vacating summary judgment. 60(b)(1), (2), and (3)

Whether new trial under Rule 59 is appropriate

Whether Rule 59e may be granted if the moving party demonstrates any of the following: (1) the judgment was based upon a manifest error of law or fact.

Whether Court of Appeals errored in denying my petition for rehearing en banc against the great weight of evidence under Rule 59(e). Motion for new trial; altering or amending a judgment, and fraud upon the court.

Whether the appellee's fraud upon the court is grounds for vacating summary judgment.

Whether an order for alleged inappropriate behavior and sanction was grounds for granting summary judgment and dismissing case with prejudice. See doc. 65

Whether pro se not having access to the cm/ecf system and timely court filings, defiencies in my filings and postal mail was not being delivered is reason for vacating summary judgment.

Whether my Amendment VII constitutional rights were violated, my rights to trial by Jury. See doc. 1 the complaint civil cover sheet clearly states demand for jury trial.

Whether respondents' fraud upon the court to the 11th Circuit Court of Appeals is grounds for vacating judgment.

• Whether the sanction dismissing my case was appropriate because sanctions are usually monetary. Doc. 65 heading.

• Whether Judge Pate's bias and prejudiced behavior after initiating ex parte communication was grounds for recusal and therefore reason to vacate summary judgment.

Question Presented (AI Summary)

Whether the district court erred in granting summary judgment despite disputed material facts

Docket Entries

2024-06-24
Petition DENIED.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-04-25
Waiver of right of respondent Koch Foods, LLC to respond filed.
2024-02-28
Petition for a writ of certiorari filed. (Response due May 23, 2024)
2024-01-12
Application (23A647) to extend the time to file a petition for a writ of certiorari from February 27, 2024 to April 27, 2024, submitted to Justice Thomas.
2024-01-12
Application (23A647) granted by Justice Thomas extending the time to file until March 28, 2024.

Attorneys

Bernadette Dickerson
Bernadette Dickerson — Petitioner
Koch Foods, LLC
Rachel V. BarlottaBaker Donelson, Bearman, Caldwell & Berkowitz, PC, Respondent