No. 20-847

Billie Renee Frances Lillian Powers v. The Bank of New York Mellon, fka Bank of New York, et al.

Lower Court: Ninth Circuit
Docketed: 2020-12-23
Status: Denied
Type: Paid
Response Waived
Tags: appellate-procedure civil-rights constitutional-rights due-process equal-protection judicial-fairness ninth-circuit pro-se pro-se-litigation summary-affirmance supervisory-authority
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the pro se petitioner was denied due process and equal protection by the circuit court's treatment of informal briefs

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether this Court should exercise its supervisory authority to issue the Writ of Certiorari to the Ninth Circuit Court of Appeals (“Circuit Court”) because Petitioner relied on the forms and instructions of the Circuit Court provided to pro se litigants and, as a result of using the forms and following the instructions, the District Court’s Order was summarily affirmed. II. Whether the Circuit Court denied the pro se Petitioner Due Process of Law and, to the extent applicable, Equal Protection of the Laws! under the Fifth Amendment to the Constitution of the United States by inviting pro se litigants to file Informal Briefs, providing the forms for Informal Briefs and instructing, for the Informal Opening Brief, “You may refer to cases and statutes, but you are not required to do so”, and then affirming the District Court based on “[her] utter failure to provide any legal support or argument.” ' The Equal Protection Clause of the Fourteenth Amendment may be applied in federal jurisdiction under the Due Process Clause of the Fifth Amendment to the Constitution of the United States as implicitly included or by reverse incorporation. ii PARTIES Pursuant to Rule 14.1(b)(i), the parties and their legal representatives who appeared in the Ninth Circuit Court of Appeals are set forth below: Billie René Frances Lillian Powers, an individual, domiciled in the State of California The above-named Petitioner appeared Pro se (self-represented in propria persona) and now appears by Wendy Alison Nora, member of the bar of this Court ACCESS LEGAL SERVICES, LLC 310 Fourth Ave. South, Suite 5010 Minneapolis, Minnesota 55415 THE BANK OF NEW YORK MELLON, FKA Bank of New York, as Trustee, on behalf of the holders of the alternative Loan Trust 2007-HY9 Mortgage Pass Through Certificates Series 2007-HY9, purportedly a series of certificates issued by purported Real Estate Mortgage Investment Conduit (REMIC) Trust The above-named Respondent appeared by KUTAK ROCK LLP Attorney Steven M. Dailey Attorney Rebecca L. Wilson 5 Park Plaza, Suite 1500 Irvine, California 92614-8595 iii SELECT PORTFOLIO SERVICING, INC., a corporation organized in and domiciled in the State of Utah The above named Respondent appeared by KUTAK ROCK LLP Attorney Steven M. Dailey Attorney Rebecca L. Wilson 5 Park Plaza, Suite 1500 Irvine, California 92614-8595 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation The above-named Respondent appeared by KUTAK ROCK LLP Attorney Steven M. Dailey Attorney Rebecca L. Wilson 5 Park Plaza, Suite 1500 Irvine, California 92614-8595 BANK OF AMERICA, NA, a national banking association with its headquarters in Charlotte, North Carolina The above-named Respondent appeared by SEVERSON & WERSON, APC Attorney Kerry W. Franich Attorney Robert James Gandy Attorney Jan T. Chilton 19100 Von Karman Avenue, Suite 700 Irvine, California 92612 iv JON SECRIST, an individual The above-named Respondent appeared by SEVERSON & WERSON, APC Attorney Kerry W. Franich Attorney Robert James Gandy Attorney Jan T. Chilton 19100 Von Karman Avenue, Suite 700 Irvine, California 92612 NICHOLE CLAVADETSCHER, an individual The above-named Respondent appeared by SEVERSON & WERSON, APC Attorney Kerry W. Franich Attorney Robert James Gandy Attorney Jan T. Chilton 19100 Von Karman Avenue, Suite 700 Irvine, California 92612 COMMONWEALTH LAND TITLE COMPANY, a California corporation The above-named Respondent appeared by SINCLAIR BRAUN LLP Kevin 8S. Sinclair 16501 Ventura Boulevard, Suite 400 Encino, California 91436

Docket Entries

2021-02-22
Petition DENIED.
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Waiver of right of respondent Commonwealth Land Title Company to respond filed.
2021-01-06
Waiver of right of respondents The Bank of New York Mellon, as Trustee, on behalf of the Holder of the Alternative Loan Trust 2007-HY9 Mortgage Pass, et al. to respond filed.
2021-01-04
Waiver of right of respondents Bank of America, N.A., Jon Secrist, and Nichole Thomas to respond filed.
2020-12-19
Petition for a writ of certiorari filed. (Response due January 22, 2021)

Attorneys

Bank of America, N.A., Jon Secrist, and Nichole Thomas
Kerry William FranichSeverson & Werson, Respondent
Kerry William FranichSeverson & Werson, Respondent
Billie Renee Frances Lillian Powers
Wendy Alison Nora — Petitioner
Wendy Alison Nora — Petitioner
Commonwealth Land Title Company
Kevin S. SinclairSinclair Braun, LLP, Respondent
Kevin S. SinclairSinclair Braun, LLP, Respondent
The Bank of New York Mellon, as Trustee, on behalf of the Holder of the Alternative Loan Trust 2007-HY9 Mortgage Pass, et al.
Steven M DaileyKUTAK ROCK LLP, Respondent
Steven M DaileyKUTAK ROCK LLP, Respondent