No. 18-1409

Saied Emami v. Jim Bridenstine, Administrator, National Aeronautics and Space Administration, et al.

Lower Court: Fourth Circuit
Docketed: 2019-05-09
Status: Denied
Type: Paid
Response Waived
Tags: abuse-of-discretion civil-rights civil-rights-act-of-1964 discovery discrimination due-process employment-discrimination expert-witness procedural-due-process retaliation sanctions scheduling-order title-vii
Latest Conference: 2019-10-01
Question Presented (from Petition)

Whether the Respondent's counsel that failed to comply with the District Court Scheduling Order necessarily violate procedural due process rights of the petitioner such that the petitioner is barred from presenting substantive admissible direct material evidences and calling witnesses to show not only that the Respondent is dissembling in the pretext stage of trial, but also the proposing official to remove the petitioner from Federal Service was acting in concert with two others in a calculated scheme of the invidious discrimination having legal elements of conspiracy under 42 U.S. § 1985(3).

Whether the magistrate judge that effectively vacated the reviewing District Court judge's Scheduling Order, by denying the petitioner's imposition of sanctions pursuant to petitioner motion in accords to Rule 16(f) and Rule 37(b) (2) (A) (i) - (vii), necessarily violates the petitioner's procedural due process to the detriment of the petitioner case.

Whether the Magistrate judge that denies the effectuation of the District Court Scheduling Order, necessarily engages in abuse of discretion that leads in violation of the petitioner's procedural due process rights causing the petitioner not to be able to introduce admissible probative material evidence that also include sham affidavit during trial that directly contradicts the employer's legitimate assertions and shifting narratives in justifying employee termination.

Whether the District Court's trial judge that denies the petitioner motion for the effectuation and implementation of the District Court Scheduling Order in accords with the aforementioned Opinion of the senior District Judge for introducing evidence contrary to the Respondent's claims and defenses, necessarily prevents and prejudices the petitioner of a fair hearing during petitioner's evidentiary presentation in trial before jury, thus violating the petitioner procedural due process.

Whether the trail judge that reduces the trial days from the requested 5 days, which was previously approved verbally by District Court, to 2 days, necessarily interfered with petitioner's procedural due process by indirectly pressuring the petitioner to rush through lots of scientific technical nuances embedded in the evidentiary proof.

Whether the trial judge that dismisses the petitioner's internationally recognized expert witness from testify, necessarily substituted his own technical competency of technical issues with that of technical expert witness and, thus, adversely interfered with the petitioner's procedural due process in the presentation of material facts in his case before jury.

Whether the trial judge that grants Respondent's Rule 50(a) motion as matter law that a reasonable jury would not have a legally sufficient basis to find for the petitioner in his title VII discrimination and retaliation case, necessarily needs to explain or memorialize his mental process with sufficient reasoning as to how he evaluated tier of facts and arrived in reaching his conclusion to grant Respondent's 50(a) motion to enable to petitioner to accurately appeal trial judge mistake(s).

Whether the trial judge that discards the aforementioned Opinion and Order of senior judge specifying that the petitioner also have a retaliation count for the trial, necessarily harbors an improper view or misconception of the appropriate legal standard by avoiding to mention in his final order "what happened to petitioner's retaliation count", and, thus, trial judge violated petitioner's procedural due process to administer a fair unbiased trial.

Question Presented (AI Summary)

Whether the Respondent's counsel failed to comply with the District Court Scheduling Order, thereby violating the petitioner's procedural due process rights

Docket Entries

2019-10-07
Petition DENIED.
2019-06-19
DISTRIBUTED for Conference of 10/1/2019.
2019-05-14
Waiver of right of respondent Bridenstine, Adm'r of NASA, Jim, et al. to respond filed.
2019-05-06
Petition for a writ of certiorari filed. (Response due June 10, 2019)

Attorneys

Bridenstine, Adm'r of NASA, Jim, et al.
Noel J. FranciscoSolicitor General, Respondent
Saied Emami
Saied Emami — Petitioner