John F. Kodenkandeth v. UPMC Health Plan, Inc., dba UPMC for Life, et al.
AdministrativeLaw DueProcess FourthAmendment JusticiabilityDoctri
Q1) Whether, the 3rd circuit court of Appeal and district court of Western Pennsylvania, erred by Arbitrary, Capricious abuse of discretion by deliberate indifference ( Wilful Blindness ) of the collateral order doctrine pursuant to 28 USC §1292 et seq, by summarily denying petitioner/ appellant's appeal at No. 24-1208. See Ca3 docket ECF # 42, 43, 74. 75 & 76, inter alia.
Q2) Whether, the 3rd circuit court of Appeal and district court of Western Pennsylvania, erred by Arbitrary, Capricious abuse of discretion by deliberate indifference ( Wilful Blindness ) of the lack of standing of the to remove the complaint GD23-12632 filed on October 31,2023 at State of Pa Allegheny County Court of Common Pleas (ACCPC). For reasons that include but not limited to the following:
a) The defaulted on November 21, 2023 by failing to respond to the mandatory Notice to defendant and Pa RCP 1026 notice to Plead. And failed to cure the default . See Ca3 ECF 42, 43, & 75, inter alia.
i) This is a violation of 28 USC §1446(b)(1 )., which required the defendants to file a response ( notice of Removal ) on or BEFORE the shorter time period of twenty (201 davs rather than 30 days:
ii) Removal of complaint is not a discretionary issue/matter but a Jurisdictional issue and a collateral issues pursuant to 28 USC §1292
b) The failed to file at ACCPC, Preliminanry objections pursuant to Pa RCP 1028 et seq, and hence, waived all rights to the following:
i) Waived objections as to Venue, forum, jurisdiction, and right to removal of plaintiffs Complaint, pursuant to Pa RCP 1028(a)(2) et seq and 28 USC § 1442(a)(1) et seq, and 28 USC §1446(b)(1) et seq;
ii) Waived all rights to new matter affirmative defenses and Counterclaims , pursuant to Pa RCP 1030 & 1031 et seq; and
iii) Waived all rights to subject matter jurisdiction pursuant to Pa RCP 1032 et seq; and
Defendants admitted to all 41 counts in plaintiffs original complaint at GD23-12632;
improper and unlawful removal Notice for complaint dated December 6, 2023 was six days late in violation of the 30 day rule 28 USC § 1446(b)(1) et seq; And more than 16 days late using the 20 day rule i n 28 USC §1446(b)*1 ) See Allegheny County Common Pleas Court docket GD23-12632;
In Short, respondents' defaulted on Nov 21,2023 and respondent DHHS has no standing to file a notice of removal on Dec 6, 2023 at ACCPC or on December 1 at Federal District Court PaWD;
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Q3) Whether, the 3rd circuit court of Appeal and district court of Western Pennsylvania, erred by Arbitrary, Capricious abuse of discretion
Whether the 3rd Circuit Court of Appeals and District Court of Western Pennsylvania erred through arbitrary and capricious abuse of discretion in handling a jurisdictional dispute involving removal of a state court complaint