No. 20-1348

True Harmony, et al. v. United States District Court for the Central District of California

Lower Court: Ninth Circuit
Docketed: 2021-03-25
Status: Denied
Type: Paid
Response Waived
Tags: automatic-stay bankruptcy bankruptcy-stay civil-rights disqualification due-process federal-constitution federal-judge judicial-bias judicial-disqualification
Key Terms:
Arbitration ERISA DueProcess JusticiabilityDoctri
Latest Conference: 2021-05-27
Question Presented (AI Summary)

Whether a federal court judge should be disqualified for lack of impartiality due to prior violations of the automatic stay in bankruptcy and denial of due process

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Whether 28 U.S.C. §455 disqualifies a federal court judge for lack of impartiality to a reasonable observer in a federal civil rights and fraud action because as a state court judge he intentionally and continuously as a pattern or practice violated the automatic stay in bankruptcy of the plaintiffs in the federal action and entered judgments against civil rights and fraud plaintiffs in violation of the automatic stay in bankruptcy in the state court, and thus denied them Due Process of the laws under Federal law and the Federal constitution in the state action? (2) Whether the due process of the laws clause of the Bill of Rights of the U.S. Constitution p. i— Petition for the Writ of Certiorari in True Harmony et al. v. State Dept. of Justice et al. disqualifies a federal court judge from deciding plaintiffs’ federal civil rights and fraud action because of the appearance of his actual bias because as a state court judge in a former case he intentionally and continuously as a pattern or practice violated the automatic stay in bankruptcy of the federal action plaintiffs and entered judgment against plaintiffs in the state court action in violation of the automatic stay, and ipso facto denied them Due Process of the laws under the Federal law and Federal constitution? p. ii— Petition for the Writ of Certiorari in True Harmony et al. v. State Dept. of Justice et al.

Docket Entries

2021-06-01
Petition DENIED.
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-04-27
Supplemental brief of petitioners True Harmony, et al. filed. (5/4/2021 (Distributed)
2021-03-31
Waiver of right of respondent BIMHF LLC to respond filed.
2021-03-30
Waiver of right of respondent Dept. of Justice of State of California to respond filed.
2021-03-30
Waiver of right of respondents Norman Solomon, Hope Park Lofts 2001-02910056 LLC, 1130 Hope Street Investment Associates LLC to respond filed.
2020-12-16
Petition for a writ of certiorari filed. (Response due April 26, 2021)

Attorneys

BIMHF LLC
Paul S. MalingagioSheppard, Mullin, et al., Respondent
Paul S. MalingagioSheppard, Mullin, et al., Respondent
Dept. of Justice of State of California
Benjamin Matthew GlickmanCalifornia Department of Justice, Respondent
Benjamin Matthew GlickmanCalifornia Department of Justice, Respondent
Norman Solomon, Hope Park Lofts 2001-02910056 LLC, 1130 Hope Street Investment Associates LLC
Hugh John GibsonHugh John Gibson, A Law Corporation, Respondent
Hugh John GibsonHugh John Gibson, A Law Corporation, Respondent
True Harmony et al. inc. Ray Haiem and 1130 South Hope St. Invest. Assoc. LLC
Jeffrey Gray ThomasThomas Law Company, Petitioner
Jeffrey Gray ThomasThomas Law Company, Petitioner