No. 19-1342

Edward Mulcahy v. Aspen Pitkin County Housing Authority

Lower Court: Colorado
Docketed: 2020-06-04
Status: Denied
Type: Paid
Relisted (2)
Tags: civil-procedure due-process expedited-procedure housing-authority procedural-due-process procedural-requirements property-rights service-of-process summary-judgment
Key Terms:
DueProcess
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (AI Summary)

Did the District Court violate Mulcahy's constitutional rights by denying his motion to vacate the underlying judgment for procedural due process violations?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Did the District Court violate Mulcahy’s constitutional rights by denying Edward L. Mulcahy, Jr.’s (“Mulcahy”) C.R.C.P. 60(b) motion to vacate the underlying judgment for procedural due process violations where the underlying judgment severely impacts Mulcahy’s property rights by ordering him to sell his house and home; where, in obtaining the judgment, Aspen Pitkin County Housing Authority (““APCHA”) disregarded almost every single procedural requirement in state court designed to ensure fair litigation practices, including improperly electing into the C.R.C.P. 16.1 expedited procedure, failing to serve orders on Mulcahy that would have apprised him of case management procedures, failing to serve discovery disclosures of any kind on Mulcahy, and failing to file a certificate of compliance with the court; and, further compounding these issues, where the District Court itself failed to follow-up or otherwise ensure procedural requirements were being _ met before entering early summary judgment in APCHA’s favor?

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-10-30
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-07-22
DISTRIBUTED for Conference of 9/29/2020.
2020-05-07
Petition for a writ of certiorari filed. (Response due July 6, 2020)
2020-03-03
Application (19A922) granted by Justice Sotomayor extending the time to file until May 7, 2020.
2020-02-15
Application (19A922) to extend the time to file a petition for a writ of certiorari from March 8, 2020 to May 7, 2020, submitted to Justice Sotomayor.

Attorneys

Edward L. Mulcahy
Edward Mulcahy — Petitioner