No. 23-5352

Cassandra McGuire v. Highmark Holdings, et al.

Lower Court: Sixth Circuit
Docketed: 2023-08-15
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion civil-procedure court-discretion default-judgment federal-rules federal-rules-of-civil-procedure procedural-rules stare-decisis summary-judgment
Latest Conference: 2023-10-13
Question Presented (from Petition)

Did the Defendant Point out Defects in respect to the Motion for More Definite Statement Doc 14 and 15, Case 3:19-cv-00902?

Do they have authority to hold a case for three years when no claims allegedly existed but the claims met threshold in Doc. No. 7, 3:19-cv-00902?

Did the defendants fail to otherwise defend by not pointing out defects in the Motion for More Definite Statement Doc 14 and 15, Case 3:19-cv-0090 and desired results as well as failing to comply with the Fed. R. Civ. P. 8(b)(l)(A)(B) in Doc 30 3:19-cv-00902?

In Doc 42 Case 3:10-cv-00902, by not complying was Default warranted?

Did the District Courts and Appeals Court abuse discretion by not applying Summary Judgement Rules and ignored the Supreme Court requirements such as;
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion. "5.1.

Did the Appeals Courts and District Court fail to apply default judgment when warranted regarding the defendant failing to answer Doc. No. 29 3:19-cv-00902?

Did the low courts have authority to give a judgment on pleadings prior to the close of pleadings without facts being stated?

Did the courts delay the proceeding after the other party failed to properly address Motion for More Definite Statement Doc. No. 14-15 Fed. Civ. 3:19-cv-00902 and failed to answer Doc 29 3:19-cv-00902?

Did the district courts use the courts for improper purposes after Doc. No. 29?

Did the courts ignore/cover up the Defendant failing to answer Doc. No. 29 3:19-cv-00902 and incorrectly documented the answer of Doc. No. 26 3:19-cv-00902 as Doc. No. 29 3:19-cv-00902?

Did the low courts have authority to override Supreme Court rulings and ignore stare decisis doctrine regarding Summary Judgement and Failing to State Claims for which relief can be granted by not stating what claim was not stated?

Did the low courts comply with Supreme Court Rulings in regards to Statement of Claims Rule 12(b) where the moving party must prove no claims exist by simple statement which applied to the defense according to Mississippi Supreme Court Rules or did they slap law on paper by stating Rule 12 in Doc. No. 30 3:19-cv-00902, failing to state what Doc they were referring to preventing counter?

Were they biased regarding the Plaintiff being demanded to make factual statements when she had for three years while refusing to make the defendant answer with factual content in complete disregard to Rule 12(b) which is considered failing to otherwise defend according to Supreme Court Mississippi Footnote 8?

Under what grounds do the Appeals Courts have to justify not meeting deadlines in response to complaints and answering without complying with Rules such as 8, 12 in complete disregard of defense Rules as well as Rule 55 default for failing to otherwise defend and not answering in a timely manner, then covering up the fact they failed to answer in a timely manner without demanding the file excusable neglect Motion?

Under what grounds do the

Question Presented (AI Summary)

Did the courts properly apply default judgment rules when the defendant failed to respond in a timely manner?

Docket Entries

2023-10-16
Petition DENIED.
2023-09-28
DISTRIBUTED for Conference of 10/13/2023.
2023-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2023)

Attorneys

Cassandra McGuire
Cassandra McGuire — Petitioner