No. 20-212

Teresita A. Canuto v. Nancy Pelosi, et al.

Lower Court: District of Columbia
Docketed: 2020-08-24
Status: Denied
Type: Paid
Response Waived
Tags: article-iii causal-connection civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure ftca ftca-claims jurisdiction standing standing-doctrine summary-judgment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Whether the district court erred in dismissing the case due to federal defendants' non-compliance with Federal Rules of Civil Procedure

Question Presented (OCR Extract)

QUESTIONS PRESENTED The district court made legal mistakes in the review the time to respond, directed ; ‘ must respond in summons served or-if required 21 days or within 60 days. Federal | i defendants William Pelham Barr, Channing D. Phillips and defendant Eric Garcetti . failed to reply served summons. The district court’s order on December 4, 2019 dismissing ) , the case was erroneous and contrary to rules because it allowed federal defendants’ . and defendant’s non-compliance under the rules of the Fed. R. Civ. P. 4(a)(1) which (A) state the time within which the defendants must appear and defend; (B) filed-may be served in a judicial district of the United States by (1) following state law for : serving a summons in an action brought in court’s of general jurisdiction; (C) state the name and address of the plaintiffs attorney or-if unrepresented. ; In addition, Appellant asserts that the district court has jurisdiction to hear , Ot claims against defendant Gavin Newsom under FTCA claims. As stated by Circuit Judges Dyk, Taranto and Hughes of the United States Court of Appeals for the Federal , . Circuit, Case No. 2015-5085 decided on September 14, 2015 Teresita A. Canuto v. : United States: — : “District Courts have jurisdiction over FTCA claims against injury or loss of : property or personal injury or death caused by the neglect or wrongful act or omission of any employee of the government while acting within the scope ; of his office or employment.” . . THE QUESTIONS PRESENTED ARE ; 1) Whether the U.S. Court of Appeals and the District Court erred when it affirm : ’ the motion for summary affirmance and motion to dismiss of appellee Gavin Newsom. , 2) Whether the U.S. Court of Appeals erred when it dismissed appellant’s claim . : against defendant Gavin Newsom because according to the Court appellant failed to. ) , establish standing pursuant to Article III of the U.S. Constitution because she did not allege facts sufficient to demonstrate a causal link between any action or inaction of appellee Newsom and the harms she allegedly suffered at the hands of other : individuals not before the court; that there must be a causal connection between the injury and the conduct complaint.

Docket Entries

2020-10-19
Petition DENIED.
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-09-23
Waiver of right of respondent Reps. Nancy Pelosi, Steny Hoyer, James Clyburn, Kevin McCarthy, Stephen Scalise, Ben Ray Luján, Hakeem Jeffries, Elizabeth Cheney, and Gary Palmer to respond filed.
2020-09-09
Waiver of right of respondent Gavin Newsome, Governor of California to respond filed.
2020-08-12
Petition for a writ of certiorari filed. (Response due September 23, 2020)

Attorneys

Gavin Newsome, Governor of California
Catherine WoodbridgeOffice of the Attorney General, Respondent
Catherine WoodbridgeOffice of the Attorney General, Respondent
Reps. Nancy Pelosi, Steny Hoyer, James Clyburn, Kevin McCarthy, Stephen Scalise, Ben Ray Luján, Hakeem Jeffries, Elizabeth Cheney, and Gary Palmer
Douglas Neal LetterOffice of General Counsel, United States House of Representatives, Respondent
Douglas Neal LetterOffice of General Counsel, United States House of Representatives, Respondent
Teresita A. Canuto
Teresita A. Canuto — Petitioner
Teresita A. Canuto — Petitioner