No. 21-173

Marilyn Tillman-Conerly v. Office of Personnel Management, et al.

Lower Court: Ninth Circuit
Docketed: 2021-08-06
Status: Denied
Type: Paid
Response Waived
Tags: agency-closure alternative-service civil-procedure covid-19 due-process good-cause judicial-discretion ninth-circuit procedural-rules service-of-process
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the Ninth Circuit Court abused its discretion

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1.) Whether the Ninth Circuit Court abused its discretion by finding and deciding that the District Court did not abuse its discretion by dismissing for failure to effect timely service of summons and complaint on Defendants/A ppellees/ Respondents when Petitioner’s Process Server followed the necessary alternative service procedure instructed by | Respondents’ office of general counsel gave because of the Covid 19 pandemic (Corona Virus) which caused agency to , be closed without a date that they would be reopened? | 2.) Whether Petitioner’s Process Server did-effect timely serve of summons and , ; complaint on when the Process Server followed the necessary alternative service procedure instructed by office of general counsel gave because | of the uncontrollable covid 19 pandemic (Corona Virus) which caused defendants’ agency to be closed without a date that they would be reopened? 3.) Whether did show good cause for failure to serve by Plaintiff’s/A Process Server not following the previous usual procedure, Plaintiff’s/ Process Server did-effect timely serve of summons and i complaint on defendants when the Process Server followed the necessary alternative service procedure instructed by defendants’ office of general counsel gave because of the uncontrollable covid 19 pandemic (Corona Virus) which caused defendants’ agency to be closed without a date they would be reopened? 4.) Whether the Ninth Circuit Court abused its discretion by finding and deciding that the District Court did abuse its discretion by rejecting Plaintiff’s/A contention that the District Court was biased against her whereby that District Court found as being meritless, and the District was well aware of the affect that the Corona Virus had on the service process of the Judicial System? ii

Docket Entries

2021-10-04
Petition DENIED.
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-16
Waiver of right of respondent OPM, et al. to respond filed.
2021-07-30
Petition for a writ of certiorari filed. (Response due September 7, 2021)

Attorneys

Marilyn Tillman-Conerly
Marilyn Tillman-Conerly — Petitioner
Marilyn Tillman-Conerly — Petitioner
OPM, et al.
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent