No. 21-1590

Rosemarie Austin v. Nationstar Mortgage LLC, et al.

Lower Court: Ninth Circuit
Docketed: 2022-06-24
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment 5th-amendment civil-procedure discovery discovery-rights due-process fifth-amendment fourteenth-amendment judicial-discretion pro-se
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether a litigant in pro se can be denied their right to due process under the 5th and 14th Amendments solely based on the court's assumption that the litigant is not qualified to properly conduct discovery

Question Presented (OCR Extract)

QUESTION PRESENTED The District Court disallowed Austin discovery of an undisclosed witness based on the premise that she would be unable to conduct discovery in a proper fashion acceptable to the Court. Should a litigant be denied their right to Due Process, under the 5th and 14th Amendments, solely on the court’s assumption that a litigant, in pro se, is not qualified to properly conduct discovery to the satisfaction of the judge, and consequently would be unable to pose proper questions to a witness and/or be able to illicit additional information of which would alter the Court’s perceived outcome of a case.

Docket Entries

2022-10-03
Petition DENIED.
2022-08-03
DISTRIBUTED for Conference of 9/28/2022.
2022-07-27
Waiver of right of respondents Nationstar Mortgage LLC and Federal National Mortgage Association to respond filed.
2022-04-29
Petition for a writ of certiorari filed. (Response due July 25, 2022)

Attorneys

Nationstar Mortgage LLC and Federal National Mortgage Association
Benjamin W. PerryBradley Arant Boult Cummings LLP, Respondent
Rosemarie Austin
Rosemarie Austin — Petitioner