David Pontier v. Joseph Dang, dba Law Office of Joseph Dang
Jurisdiction
Question not identified.
QUESTION(S) PRESENTED Question | : United States Supreme Court bears responsibility to exercise authority over United States District Court Judges and provide an outline of criteria under which United States District Court Judges may transfer and reassign cases to themselves across districts courts and states under First to File Rule where transfer ; and reassignment involve parties associations of District Judge prior employment, association membership creating a conflict of interest which would not exist had the District Judge not transferred, reassigned case to himself. 9" Circuit Court of Appeals ruling that transfer of case across district and state is not fundamentally unfair to Petitioner conflicts with established United States Supreme Court precedent and United States Court of Appeals precedent that all judges state and federal should recuse themselves from cases involving conflict of interest. Allowing District Judges to transfer cases cross district and state involving prior employer, association membership reassigning case to themselves violates fundamental fairness and establishes conflicting precedent. Question il Federal interpleader filed under 28 USC 1332, 1335 based solely upon procedurally barred medical debt : from 2012-2014 after expiration of California (4) year State Statute of Limitations August 13, 2019 violated the FDCPA as claims are procedurally barred claimants residence cannot be relied upon as basis ; for Federal Subject Matter Jurisdiction and Venue. Loop hole in 28 USC 1332, 1335 does not require claim dates be specified at time of Interpleader filing placing undue burden on United States District Court time and resources to claims procedurally barred by FDCPA, U.S. Citizens defendants having to protect their property against litigation after litigation of procedurally time barred claims United States Congress enacted the FDCPA to protect against. Guidance of the United States Supreme Court is necessary to establish basic set of standards to be met necessary to establish Federal Subject Matter Jurisdiction and venue to file Interpleader under 28 USC 1332, 1335. Requiring Interpleader Filer provide a claim date for each claim and certify that the claim has been made in good faith and not filed in violation of the FDCPA after the applicable Statute of Limitations has expired would close the loophole in 28 USC 1332, 1335 (which allows for any claim regardless of how old the claim is)eliminating hundreds if not thousands of meritless filings. Cases filed in violation of Federal FDCPA and State Statute of Limitations have no Federal Subject Matter Jurisdiction and cannot be considered cases of first filing for purposes of enjoinment of later filed cases. 2 |