Kiya Cunningham v. Wells Fargo Bank, N.A., et al.
SocialSecurity DueProcess
This petition presents recurring questions concerning the procedural limits of Federal Rules of Civil Procedure 56, 37, and 15, and the due-process protections afforded to civil-rights litigants at the summary-judgment stage.
The questions presented are:
1. Whether Federal Rule of Civil Procedure 56 and the Due Process Clause permit a district court to strike a non-movant's summary-judgment opposition and enter judgment without considering the non-movant's record materials, where the court did not afford a meaningful opportunity to respond.
2. Whether a district court may decline to enforce its own discovery orders under Rule 37 and nonetheless grant summary judgment against a civil-rights plaintiff deprived of evidence necessary to oppose the motion.
3. Whether denial of leave to amend that cures all identified deficiencies, contrary to Rule 15(a)(2) and Foman v. Davis, warrants reversal.
Whether Federal Rule of Civil Procedure 56 and the Due Process Clause permit a district court to strike a non-movant's summary-judgment opposition and enter judgment without considering the nonmovant's record materials, where the court did not afford a meaningful opportunity to respond