No. 18-9249

Tatyana Evgenievna Drevaleva v. Department of Veterans Affairs, et al.

Lower Court: Ninth Circuit
Docketed: 2019-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 9th-circuit-rules answering-brief appellate-procedure brief-filing civil-procedure deadlines judicial-sanctions motion-for-sanctions notification pro-se-litigation procedural-deadlines sanctions
Key Terms:
FirstAmendment FifthAmendment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the 9th Circuit erred in denying Plaintiff-Appellant's motion for sanctions against Defendant-Appellee for failure to file an answering brief on time and failure to notify the court

Question Presented (OCR Extract)

Questions presented: , 1) Litigating the Preliminary Injunction Appeal pursuant to the 9” Circuit’s Rule 3-3(b), shall the Defendant-Appellee file an Answering Brief “within 28 days of service of appellant’s opening brief”? 2) Pursuant to the 9" Circuit Rule 31-2.3, shall the 9" Circuit impose sanctions on the Attorney at Law for failing to file an Answering Brief on time and for failing to notify the 9" Circuit that no Brief would be filed? 3) If the Defendants missed a deadline to file an Answering Brief without notifying the Court of Appeals that no Brief would be filed, and if the Plaintiff-Appellant requested to process the Appeal without awaiting the Answering and the Reply Briefs, shall the Court of Appeals ignore the Plaintiffs request and allow the DefendantsAppellees to file an Answering Brief? 4) Shall the 9" Circuit deny without any explanations the Motion for Sanctions pursuant to the 9" Circuit’s Rule 31-2.3 for failure to file an Answering Brief on time and for failure to notify the Court that no Brief would be filed? 2 Petition for a Writ of Certiorari II. A list of all Parties in the proceeding in the court whose judgment is sought to be reviewed. 1) Tatyana Evgenievna Drevaleva Pro Se. I was a Plaintiff at the District Court, and I was a Plaintiff-Appellant at the Court of Appeals for the 9" Circuit. Tatyana E. Drevaleva, 1063 Gilman Dr., Daly City, CA, 94015 415-806-9864; tdrevaleva@ gmail.com 2) The U.S. Department of Veterans Affairs and Mr. Robert Wilkie in his official capacity as an acting Secretary of the U.S. Department of Veterans Affairs Respondents. They were Defendants at the District Court and at the Court of Appeals for the 9" ; Circuit. The Assistant U.S. Attorney Ms. Kimberly Robinson 450 Golden Gate Ave., Box 36055, San Francisco, CA, 94102-3495 Telephone: (415) 436-7298; FAX: (415) 436-6748 kimberly.robinson3 @usdoj.gov ; 3 Petition for a Writ of Certiorari III.

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-10
Waiver of right of respondent Dept. of Veterans Affairs, et al. to respond filed.
2019-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2019)

Attorneys

Dept. of Veterans Affairs, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Tatyana Evgenievna Drevaleva
Tatyana E. Drevaleva — Petitioner
Tatyana E. Drevaleva — Petitioner