No. 20-1270

Scott Erik Stafne v. Bank of New York Mellon

Lower Court: Ninth Circuit
Docketed: 2021-03-12
Status: Denied
Type: Paid
Response Waived
Tags: article-three boundary-lines federalism judicial-power real-property res senior-judges state-court subject-matter-jurisdiction
Key Terms:
JusticiabilityDoctri Jurisdiction
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Whether the Federalism structure of government prevented the District Court from assuming subject-matter jurisdiction over a real property res for purposes of determining its boundary lines

Question Presented (OCR Extract)

QUESTIONS PRESENTED Alexander Hamilton hypothesized in Federalist Paper No. 78 the People had little to fear from oppression at the hands of the judicial department. A reason for Hamilton’s confidence was that under the Constitution the exercise of judicial power by independent judges is limited to deciding cases and controversies between aggrieved parties arising within the limited subject-matter jurisdiction of federal courts. The issues in this case are: 1. Whether the Federalism structure of government prevented the District Court from assuming subject-matter jurisdiction over a real property res for purposes of determining its boundary lines where that same issue was already being adjudicated in a state court having jurisdiction over the same res. 2. Whether the courts below had the authority to ignore or overrule this Court’s precedent requiring attorneys to prove that authority by which they claim to represent purported parties in federal courts. 3. Whether Federal Rule of Civil Procedure 17(a)(3) authorized the courts below to avoid (a) performing a traditional Article III injury-infact analysis, (b) applying the presumption against their jurisdiction; and (c) considering Congress divestiture of jurisdiction pursuant to 28 U.S.C. §1359. 4. Whether the senior judge who decided this action was an independent judge within the meaning of Article III where he had to be periodically delegated and assigned by other judges to exercise federal judicial power.

Docket Entries

2021-04-19
Petition DENIED.
2021-03-31
DISTRIBUTED for Conference of 4/16/2021.
2021-03-18
Waiver of right of respondent Bank of New York Mellon to respond filed.
2021-03-08
Petition for a writ of certiorari filed. (Response due April 12, 2021)

Attorneys

Bank of New York Mellon
Taylor T. HaywoodAkerman, LLP, Respondent
Taylor T. HaywoodAkerman, LLP, Respondent
Scott Erik Stafne
Scott Erik StafneStafne Law Advocacy & Consulting, Petitioner
Scott Erik StafneStafne Law Advocacy & Consulting, Petitioner