No. 19-7756

In Re Frank Deville

Lower Court: N/A
Docketed: 2020-02-24
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: amendment civil-procedure civil-rights conflict-of-law constitutional-violation due-process federal-law hazardous-waste judicial-procedure liberal-amendment standing
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2020-05-28 (distributed 2 times)
Question Presented (AI Summary)

Is the Petitioner a victim in this case?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ‘ Is the Petitioner a victim in this case? Exide and the individual defendants _ willfully violated federal, state and local laws concerning hazardous waste, this judgement has imposed an unconstitutional violation concerning the Petitioner. The defendants and all of them did admit to such charges. Petitioner only amended the complaint once, where is the liberal right to amend? where a complaint can be corrected by an amendment how many chances should one receive to make ’ corrections to prevent a violation of the law. : . . According to the law there should be liberal chances as long as it.can correct the defects. (von Batch v. American Dist. Telegraph(1985) 175 Cal. App. 3d 1, 1119). The defendants signed the statement of agreement to illegal acts for over a decade, These acts exclude the defendants from exclusivity rule. The case set here . _ now is.indeed unique, a State court has rendered a decision of an-important federal . question of federal law that has not been, but should be, settled by this court 28 U.S.C. § 451. There is indeed a conflict of law that does exist. This is a matter of allowing the petitioner to have a right to be heard in which it was taken away violating his due‘process rights. . The US Constitution has asserted the importance of Due Process and fair legal proceedings, which is very essential to-our system of justice. . LISTOF PARTIES . _ ‘Respondent: ~ Petitioner: Exide Technologies Frank Deville : ; Seif-Represéniing Individual Defendant(s) — James Bloch . Phillip Damaska ~ John Hogarth . Ed Mopas ; Paul Hirt Jr. . ATTORNEYS FOR PARTIES: : Jason Levin (Exide Technologies) Jennifer Bonneville: ; Melane Ayerh , 633 W. 5th street, suite 700 . (213)439-9400 ; William W. Oxley (individual Defendants’) Nathan Meclellan 633 W. 5th Street, Suite 4900 : (213)808-5700 ; ;

Docket Entries

2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-08
Petitioner complied with order of April 27, 2020.
2020-04-27
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until May 18, 2020, within which to pay the docketing fee required by Rule 38(a).
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-02-19
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2020)

Attorneys

Frank Deville
Frank Deville — Petitioner