No. 20-6256

Elet Valentine v. The PNC Financial Services Group, Inc., et al.

Lower Court: Tenth Circuit
Docketed: 2020-11-09
Status: Denied
Type: IFP
IFP
Tags: amendment civil-procedure dismissal federal-rules-of-civil-procedure interlocutory-appeal jurisdiction jurisdictional-transfer law-of-the-case motion-to-dismiss service-of-process
Key Terms:
DueProcess Securities
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

Question(s) Presented For Review 1. DID THE DISTRICT COURT ERR IN CONTINUING TRIAL COURT PROCEEDINGS WHEN IT WAS DIVESTED OF JURISDICTION ON JANUARY 8, 2019, AND CONFERRED TO THE TENTH CIRCUIT BY INTERLOCUTORY APPEAL IN CASE NO. 19-1007? 2. DID THE DISTRICT COURT ERR BY RE-RULING ON (ECF #67] PURSUANT TO THE LAW OF CASE DOCTRINE? 3. DID DISTRICT COURT ERR IN CONTINUING COURT PROCEEDING WHEN IT DISMISSED ALL CLAIMS OF THE COMPLAINT? 4. DID DISTRICT COURT ERR IN DISMISSING COMPLAINT WITII PREJUDICE? 5. DID THE DISTRICT COURT ERR IN DENYING APPELLANT LEAVE TO AMEND COMPLAINT [ECF #36) WITH "OPPOSED-2ND AMENDED COMPLAINT TO ADD DEFENDANTS"[ECF#67] PURSUANT TO FED. R. CIV. P. 15 (C) (1)? (THIS ISSUE IS INCORPORATED INTO THIS OPENING BRIEF BY REFERENCE FROM CASE NO. 19-1007 APRIL 9, 2019, REF NO. 10639943 "OPENING BRIEF SUPPLEMENT" DOC NO. 010110243637) 6. DID THE DISTRICT COURT ERR BY NOT DECLARING THE APPELLEE'S ANSWER TO THE SUMMONS AND COMPLAINT (LE. "MOTION TO DISMISS" [ECF #401) UNTIMELY, BECAUSE IT WAS NOT SUBMITTED WITHIN THE REQUIRED 21 DAYS AFTER PERSONAL SERVICE WAS MADE UPON THEIR ATTORNEY OF RECORD PURSUANT TO FED. R. CIV. P. 12(A)()(A)(D? 7. DID THE DISTRICT COURT ERR BY NOT DECLARING THE APPELLEE'S ANSWER TO THE SUMMONS AND COMPLAINT (LE. "MOTION TO DISMISS" [ECF #401) UNTIMELY, BECAUSE IT, WAS NOT i SUBMITTED WITHIN THE REQUIRED 21 DAYS AFTER PERSONAL SERVICE WAS MADE UPON THEIR ATTORNEY OF RECORD PURSUANT TO FED. R. CIV. P. 12(A)(1)(A)(D? 8. DID THE DISTRICT COURT ERR CAUSING PREJUDICE THE APPELLANT BY CAUSING AN UNDUE DELAY IN THE COURT PROCEEDINGS WITH [ECF #92) AND [ECF #94)? 9. DID THE DISTRICT COURT ERR BY NOT HAVING THE PROCEDURAL REQUIREMENT OF SERVICE OF THE SUMMONS AND COMPLAINT PURSUANT TO FED. R. CIV. P. 4 BE SATISFIED ON ALL DEFENDANTS BEFORE THE DISTRICT COURT EXERCISES JURISDICTION OVER A DEFENDANT, APPLY ANY MOTIONS, COMPOSE AND ADOPT RECOMMENDATIONS PERTAINING TO, ISSUE RULINGS, ORDER DENIALS ALL PERTAINING AND CONCERNING THE PENDING [ECF #67)? 10. DID THE DISTRICT COURT ERR BY NOT HAVING THE PROCEDURAL REQUIREMENT OF SERVICE OF THE SUMMONS AND COMPLAINT PURSUANT TO FED. R. CIV. P. 5 BE SATISFIED ON ALL DEFENDANTS BEFORE THE DISTRICT COURT EXERCISES JURISDICTION OVER A DEFENDANT, APPLY ANY MOTIONS, COMPOSE, ADOPT RECOMMENDATIONS PERTAINING TO, ISSUE ii

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2020)

Attorneys

Elet Valentine
Elet Valentine — Petitioner