No. 20-7762

Biner Ma v. CVS Pharmacy, Inc., et al.

Lower Court: Seventh Circuit
Docketed: 2021-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights damages due-process federal-rules jurisdiction misrepresentation reliance standing
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Whether a plaintiff has standing to sue while she did not act in reliance on the defendant's misrepresentation but another party acted in reliance on the truth of the misrepresentation and caused damage on her?

Question Presented (OCR Extract)

QUESTIONS PRESENTED OL Whether a plaintiff has standing to sue while she did not act in reliance on the defendant's misrepresentation but another party acted in reliance on the truth of the misrepresentation and caused damage on her? 2. Whether a district court has the power to substitute a non-party who has never been served or waived to be served, and on whom the district court did not establish personal jurisdiction to bind adjudication? 3. Whether a Fed. R. Civ. P 12 (b) (6) motion of a non-party who has no engagement or interest in the causes of action, filed unlawfully by defendant’s attorneys could be granted to dismiss the complaint? 4. Whether a defendant who violated the Federal Rules of Civil Procedures and refused to plead or otherwise defend since ever could be denied the Entry of Default under Fed. R. Civ. P. 55 (a) and instead be left in the case unresolved permanently?

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-12
Waiver of right of respondent CVS Pharmacy, Inc., et al. to respond filed.
2021-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2021)

Attorneys

Biner Ma
Biner Ma — Petitioner
CVS Pharmacy, Inc., et al.
Heather A. PierceLittler Mendelson, P.C., Respondent