No. 18-334

Amor Medina Del Rosario, et ux. v. Wells Fargo Bank, N.A., as Trustee, et al.

Lower Court: Ninth Circuit
Docketed: 2018-09-14
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure constitutional-protections dismissal due-process fed-r-civ-p-60 federal-rules-of-civil-procedure notice notice-requirements pro-se pro-se-litigants public-policy rules-of-procedure service service-of-pleading
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Whether the failure to serve a pleading upon pro-se litigants warranted a favorable ruling under Fed.R.Civ.P. 60 and removal of a dismissal of an action given the violations of the notice requirements to meet due process and public policy

Question Presented (OCR Extract)

QUESTION PRESENTED Amor Medina Del Rosario and Elvie Canlas Del Rosario, the Petitioners, request this Petition for Writ of Certiorari be granted given the salient issues, the : constitutional matter of proper notice and service of a pleading, and the impact upon public policy of a party’s failure to deviate from the notice requirements of the | rules of procedure. An impermissible burden of proof was placed upon pro se litigants to meet that since notice was not tendered then dismissal was not warranted. Given the lack of service of an essential pleading, the Petitioners’ request to have the dismissal vacated under Fed.R.Civ.P. 60(b) should have been granted under the rules of procedure and the constitutional issues. Pro-se parties must be afforded the same protections mandated by the rules and the constitution. WHETHER THE FAILURE TO SERVE A PLEADING UPON PRO-SE LITIGANTS WARRANTED A FAVORABLE RULING UNDER FED.R.CIV.P. 60 AND REMOVAL OF A DISMISSAL OF AN ACTION GIVEN THE VIOLATIONS OF THE NOTICE REQUIREMENTS TO MEET DUE PROCESS AND PUBLIC POLICY? ‘ :

Docket Entries

2018-11-05
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2018-10-17
DISTRIBUTED for Conference of 11/2/2018.
2018-10-09
Waiver of right of respondents Wells Fargo Bank, N.A., et al. to respond filed.
2018-08-24
Petition for a writ of certiorari filed. (Response due October 15, 2018)

Attorneys

Amor Medina Del Rosario
Amor Medina Del Rosario — Petitioner
Amor Medina Del Rosario — Petitioner
Wells Fargo Bank, N.A., et al.
David M. ChuteWolfe & Wyman, LLP, Respondent
David M. ChuteWolfe & Wyman, LLP, Respondent