No. 19-6012

Kevin Carroll Anderson v. Arthur B. Greene, et al.

Lower Court: Second Circuit
Docketed: 2019-09-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: breach-of-contract civil-procedure civil-procedure-standards equitable-tolling judicial-procedure motion-to-dismiss pro-se pro-se-litigant second-circuit statute-of-limitations summary-judgment supervisory-power
Key Terms:
ERISA JusticiabilityDoctri
Latest Conference: 2019-11-22
Question Presented (AI Summary)

Were the Second Circuit's decisions, approving the District Court's application of the summary judgment standard to all of the pro se and uneducated Petitioner's claims, when the District Court said it would apply it solely as to Respondents' statute of limitation defense, and retain the motion to dismiss standard as to the balance of Petitioner's claims, so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of this Court's supervisory power?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Were the Second Circuit’s decisions, approving the District Court’s application of the summary judgment standard to all of the pro se and uneducated Petitioner’s claims, when the District Court said it would apply it solely as to Respondents’ statute of limitation defense, and retain the motion to dismiss standard as to the balance of Petitioner’s claims, so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of this Court’s supervisory power? 2. Were the Second Circuit’s decisions, approving the District Court’s refusal to acknowledge that the pro se and uneducated Petitioner had pled a breach of contract claim, so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of this Court’s supervisory power? 3. Were the Second Circuit’s decisions, approving the District Court’s refusal to apply equitable tolling to Petitioner’s claims, where the pro se and uneducated Petitioner acted with reasonably diligence in the face of extraordinary circumstances, so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of this Court’s supervisory power?

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-02
Waiver of right of respondent Arthur B. Greene, Arthur B. Greene & Company, P.C. to respond filed.
2019-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2019)

Attorneys

Arthur B. Greene, Arthur B. Greene & Company, P.C.
Sari E. KolatchCohen Tauber Spievack & Wagner, P.C., Respondent
Sari E. KolatchCohen Tauber Spievack & Wagner, P.C., Respondent
Kevin Carroll Anderson
Hillel Ira ParnessParness Law Firm, PLLC, Petitioner
Hillel Ira ParnessParness Law Firm, PLLC, Petitioner
Marks, Paneth & Shron LLP
Peter J. LarkinWilson, Elser, Moskowitz, Edelman & Dicker, LLP, Respondent
Peter J. LarkinWilson, Elser, Moskowitz, Edelman & Dicker, LLP, Respondent