No. 23-5169

Michael Mogan v. Sacks, Ricketts & Case LLP, et al.

Lower Court: Ninth Circuit
Docketed: 2023-07-21
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: anti-SLAPP anti-slapp-statute civil-procedure due-process federal-jurisdiction federal-procedure magistrate-judge magistrate-jurisdiction rule-11-sanctions rules-enabling-act statutory-interpretation
Key Terms:
Arbitration DueProcess Privacy ClassAction JusticiabilityDoctri
Latest Conference: 2023-11-17 (distributed 2 times)
Question Presented (AI Summary)

Did the Ninth Circuit erroneously fail to recognize that 28-U.S.C-636(c) precludes the parties from selecting a particular magistrate-judge

Question Presented (from Petition)

QUESTIONS PRESENTED 1, Did the Ninth Circuit—in direct conflict with the Seventh Circuit—erroneously fail to recognize that 28 U.S.C. § 636(c) precludes the parties from selecting a particular magistrate judge to preside over their conflict and that, when they do so, the magistrate judge does not obtain jurisdiction over the matter? 2. Whether California’s Anti-SLAPP Statute Can Apply In Federal Court Because The Statute Answers The Same Question As The Federal Rules And Is Valid Under The Rules Enabling Act? 3. Whether denial to Petitioner of oral argument by the Magistrate Judge through the entire proceedings including in Petitioner opposing Rule 11 sanctions followed by the Ninth Circuit denying Petitioner’s request for oral argument and as a request for special accommodation under the American With Disabilities Act of 1990, As Amended warrants reversal. 4. Whether the Rule 11 motion did not adequately inform Petitioner of the source of authority for the sanctions being considered in violation of the Due Process Clause of the Federal Constitution (U.S. Const., 14th Amend.) and in violation of the Due Process Clause of the Federal Constitution (U.S. Const., 5th Amend.). i ii

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-10-20
Petitioner complied with order of October 2, 2023.
2023-10-02
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 23, 2023, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2023-08-31
DISTRIBUTED for Conference of 9/26/2023.
2023-08-24
Waiver of right of respondents Sacks, Ricketts & Case LLP, Michelle Floyd and Jacqueline Young to respond filed.
2023-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2023)

Attorneys

Michael Mogan
Michael Mogan — Petitioner
Michael Mogan — Petitioner
Sacks, Ricketts & Case LLP, Michelle Floyd and Jacqueline Young
Andy A. ServaisKlinedinst PC, Respondent
Andy A. ServaisKlinedinst PC, Respondent