No. 18-6501

Carl A. Robertson v. Interactive College of Technology, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-10-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cat's-paw-theory civil-procedure civil-rights due-process employment-discrimination evidentiary-rules mcdonnell-douglas-framework pretext pro-se pro-se-litigant scheduling-order standing summary-judgment title-vii
Key Terms:
SocialSecurity ERISA EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Should a pro se litigant's First Proposed Heightened Amended Complaint be unfairly denied by courts based on not following Scheduling Order, undue delay, futility, employee's knowledge, etc. despite substantiating belief of following Order?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Based on the Supreme Court of the United States precedents: ; . Should a “pro se litigant’s” [or any litigant’s] First Proposed “Heightened” Amended Complaint with attachments be . unfairly denied by any courts of law through its ' discretionary privileges based on not following the Court’s ‘ Scheduling Order, undue delay, futility, employee’s knowledge of information available to employee before filing suit, etc.; in spite of court records substantiating that the “pro se litigant” did irrefutably believed he followed the trial court’s Scheduling Order; because the trial court ; approved of and did not object to the proposed deadline to amend complaint as designated within the “pro se” Plaintiffs, “Joint Preliminary Report?” : 2. Under the second and third frameworks of McDonnell Douglas v. Green, 411 U.S. 792 (1973), and within Title VI, Title VII, §§ 1981 and 1985 claims: Does an employer’s “verbal articulation(s)” without providing any pulpable evidence or factual support [e.g.: warning notices, other remedial write-ups, snapshots, salary administration policy, etc.] be sufficient alone, in : validating pivotal segments of the employer’s rebuttal for its disciplinary adverse actions against an employee within a summary judgment motion; and, under the Constitutional Laws of the United States and Evidentiary Rules: Should any “litigant’s” (especially pro se) submitted documentary evidence [e.g.: business records, employer’s handbooks, policies, appraisals, memos, personnel files, routine practices, affidavits, etc.], be calculatingly eradicated by judicial discretion based on authentication, : manipulation, and/or one “possible” hearsay statement, : which then makes invalid a “litigant’s” substantial rights | and legal opportunities in establishing (by a preponderance of evidence) pretext, race and compensation discrimination, comparators, routine practices, and delayed retaliation claims under the “cat’s paw theory” of liability when opposing a summary judgment motion? > ii C

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-16
Waiver of right of respondents Interactive College of Technology, et al. to respond filed.
2018-10-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2018)

Attorneys

Carl A. Robertson
Carl A. Robertson Sr. — Petitioner
Carl A. Robertson Sr. — Petitioner
Interactive College of Technology, et al.
Angella H. MyersThe Myers Law Group, LLP, Respondent
Angella H. MyersThe Myers Law Group, LLP, Respondent