No. 23-6970

Kathy R. Allen, et al. v. L3Harris Technologies, Inc.

Lower Court: Fourth Circuit
Docketed: 2024-03-13
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: abuse-of-discretion abuse-of-power civil-procedure court-appointed-attorney court-appointed-counsel due-process erisa-claim federal-procedure mediation mediation-rights rule-52-findings statute-of-limitations
Key Terms:
Arbitration ERISA DueProcess FourthAmendment Privacy ClassAction
Latest Conference: 2024-06-13 (distributed 2 times)
Question Presented (AI Summary)

Whether the USDC D.E. #51-52, #55 and USDC-COA4th's Doc. #23 Orders Have Reversible Err and/or Was an Abuse of Power and an Abuse of Discretion

Question Presented (OCR Extract)

QUESTIONS PRESENTED . 1. Question 1 — Whether the USDC D.E. #51-52, #55 and USDC-COA4th’s Doc. #23 Orders Have Reversible Err and/or Was an Abuse of Power and an Abuse of Discretion to Not Provide the Appellants With Mediation as Paid or CourtAppointed Mediation and/or Arbitration 2. Question 2 — Whether the USDC D.E. #51-52 , #55 and USDC-COA4th’s Doc. #23 Orders Have Reversible Err and/or Was An Abuse Of Power And An Abuse Of Discretion to Not Provide the Appellants With a Court-Appointed Attorney the Appellants Requested 3. Question 3 — Whether the USDC D.E. #51-52 and USDC-COA4th’s Doc. #23 Orders Have Reversible Error and/or Was An Abuse Of Power and An Abuse Of Discretion to Not Provide the Proper FRCP Rule 52 Findings Of Fact and is of National Importance To Courts And Circuit Court Litigation 4. Question 4 — Whether the USDC D.E. #51-52 and USDC-COA4th’s Doc. #23 Orders’ Analysis is Reversible Err and Questionable as Contractual Provisions vs. Non-contractual and to Determine the Proper SOLand Other Claims (among it to State Pre-emption, Negligence, Breach of Fiduciary Duty, and Standard Duty of Care) and is of National Importance to Court Proceedings and Court Litigation 5. Question 5 Whether the D.E. #55 Order Is Flawed and Unsupported to Deny the Appellants’ Rule 59 Motion and is of National Importance to Court Proceedings and Court Litigation 6. Question 6 Whether The USDC D.E. #51-52, #55 and USDC-COA4th’s Doc. #23 Orders’ Analysis Is Flawed as Dismissal By Various Arguments In It Granting . The Appellees’ MTD Among It The U.S.C. 1983 State-Actors’ Conduct and is of National Importance to Court Proceedings and Court Litigation os iii . PARTIES TO PROCEEDINGS . Kathy R. Allen and Jay K. Allen are the Petitioners and filed the WCSC 2021 lawsuit for their mother against Respondent L3/Harris and were for claims for Employee Retirement Income Security Act (ERISA) for an employer benefit for their mother’s life insurance policy. The are siblings (a sister and brother). L3/Harris Technologies Inc. is the company o/a 2015 and after her retirement bought | out the Petitioners’ mother’s former employer ITT Industries. When the Petitioners filed the insurance claim with L3/Harris o/a 2018 for her life insurance policy L3/Harris did not provide the payout of the policy saying the claim’s statute of limitation (SOL) had expired, so the Petitioners filed the 2021 lawsuit in Wake County Superior Court for it and ultimately the Appellees (solely L3/Harris on appeal after the other Defendants 1-2, 4 settled by stipulation with the Appellants) removed it to the U.S.D.C. NC-ED on a federal statute question for ERISA for employer-paid benefits. . iv . RELATED CASES AND HEARINGS Wake County Superior Court (WCSC) case #21-CVS-3637 filed on March 16, 2021 — . Transferred by the Defendants o/a April 15, 2021 as a question on federal statute to USDC Eastern District Of North Carolina (Western Division) (NC-ED) case #5:21-cv-00174-D DE. #11 #5:21-cv-00174-D NC-ED January 10, 2022 case #5:21-cv-00174-D — Judge Dever III’s Order granted Defendants’ MTD NC-ED D.E. #51 #5:21-cv-00174-D NC-ED April 8, 2022 Judge Dever III’s Order D.E£. #55 Denied Appellants” Rule 59 and Rule 52 Motion for Reconsideration (MFR) and requesting a Rule 52 findings of fact of the January 10, 2022 Order D.E. #55 #22-1528 USDC-Court of Appeals 4th Circuit (USDC-COA4th) July 27, 2023 case #221528 Order Doc #23 saying notice of appeal as untimely, but with no supporting analysis for why it was untimely and granting Appellees’ MTD Doc #15. Was before WYNN and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge #22-1528 USDC-COA4th July 27, 2023 case #22-1528 Mandate Doc. 24 issued for Doc. 23 #22-1528 USDC-COA4th August 8, 2023 case #22-1528 ~ Order Doc. 27 Denied Appellants’ Rule 52 findings of fact #22-1528 USDC-COA4th August 10, 2023 case #22-1528 —-Order Temporary Stay Of Mandate for Appellants’ En banc rehearing motion Doc. #29 #22-1528 USDC-COA4th September

Docket Entries

2024-09-05
Petition Dismissed - Rule 46.
2024-08-14
Motion of petitioner to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed.
2024-06-17
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2024-05-28
Motion DISTRIBUTED for Conference of 6/13/2024.
2024-05-22
Application (23A1038) granted by The Chief Justice extending the time to file until August 2, 2024 as to petitioner Kathy Allen.
2024-05-17
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner Kathy Allen.
2024-05-17
Application (23A1038) for an extension of time within which to comply with the order of May 13, 2024, submitted to The Chief Justice.
2024-05-13
The motion of petitioner Kathy Allen for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 3, 2024, 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. The petition for a writ of certiorari as to petitioner Jay Allen is denied.
2024-04-24
DISTRIBUTED for Conference of 5/9/2024.
2024-02-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2024)
2023-12-04
Application (23A503) granted by The Chief Justice extending the time to file until February 22, 2024.
2023-11-30
Application (23A503) to extend the time to file a petition for a writ of certiorari from December 24, 2023 to February 22, 2024, submitted to The Chief Justice.

Attorneys

Kathy R. Allen, et al.
Kathy Allen — Petitioner
Kathy Allen — Petitioner