No. 24-5579

John F. Kodenkandeth v. UPMC Health Plan, Inc., dba UPMC for Life, et al.

Lower Court: Third Circuit
Docketed: 2024-09-19
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: collateral-order-doctrine due-process equal-protection judicial-discretion removal-jurisdiction separation-of-powers
Key Terms:
AdministrativeLaw DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2025-01-10 (distributed 2 times)
Question Presented (AI Summary)

Whether the 3rd Circuit Court of Appeals and District Court of Western Pennsylvania erred through arbitrary and capricious abuse of discretion in handling a jurisdictional dispute involving removal of a state court complaint

Question Presented (OCR Extract)

QUESTIONS PRESENTED Q1) Whether, the 3rd circuit court of Appeal and district court of Western Pennsylvania, erred by Arbitrary, Capricious abuse of discretion by deliberate indifference ( Wilful Blindness ) of the collateral order doctrine pursuant to 28 USC §1292 et seq, by summarily denying petitioner/ appellant's appeal at No. _ 24-1208. See Ca3 docket ECF # 42, 43, 74. 75 & 76, inter alia. Q2) Whether, the 3rd circuit court of Appeal and district court of Western Pennsylvania, erred by Arbitrary, Capricious abuse of discretion by deliberate indifference ( Wilful Blindness ) of the lack of standing of the to remove the complaint GD23-12632 filed on October 31, 2023 at State of Pa Allegheny County Court of Common Pleas (ACCPC). For reasons that include but not limited to the following: a) The defaulted on November 21, 2023 by failing to respond to the mandatory Notice to defendant and Pa RCP 1026 notice to Plead. And failed to cure the default . See Ca3 ECF 42, 43, & 75, inter alia. i) This is a violation of 28 USC §1446(b)(1)., which required the defendants to file a response ( notice of Removal ) on or BEFORE _the shorter time period of twenty (20) days rather than 30 days: ii) Removal of complaint is not a discretionary issue/matter but a Jurisdictional issue and a collateral_issues pursuant to 28 USC §1292 b) The failed to file at ACCPC, Preliminanry objections pursuant to Pa RCP 1028 et seq, and hence, waived all rights to the following: i) Waived objections as to Venue, forum, jurisdiction, and right to removal of plaintiffs Complaint, pursuant to Pa RCP , 1028(a)(2) et seq and 28 USC § 1442(a)(1) et seg, and 28 USC §1446(b)(1) et seq; -2 ° z ii) Waived all rights to new matter affirmative defenses and CounterClaims , pursuant to Pa RCP 1030 & 1031 et seq; and iii) Waived all rights to subject matter jurisdiction pursuant to Pa RCP 1032 et seq; and iv) Defendants admitted to all 41 counts in plaintiff's original complaint at GD23-12632: v) improper and unlawful removal Notice for complaint dated December 6, 2023 was six days late in violation of the 30 day rule 28 USC § 1446(b)(1) et seq; And more than 16 days late using the 20 day rule in 28 USC §1446(b)*1) See Allegheny County Common Pleas Court docket GD23-12632: vi) In Short, respondents’ defaulted on Nov 21, 2023 and respondent DHHS has no standing to file a notice of removal on Dec 6, 2023 at ACCPC or on December 1 at Federal District Court PaWD; vii) Inter alia _ Q3) Whether, the 3rd circuit court of Appeal and district court of Western Pennsylvania, erred by Arbitrary, Capricious abuse of discretion by deliberate indifference ( Wilful Blindness ) and violated the separation of powers ( between Judiciary and DOJ) and acted as " servants" of the DOJ . Corruption of the Judiciary is prejudicial and violates the petitioner's constitutional rights of an independent Judiciary and " Equal Protection clause"under the 14th Amendment of the US Constitution. . See Ca3 docket ECF # 42, 43.&75 , inter alia. Q4) Whether, the 3rd circuit court of Appeal and district court of Western Pennsylvania, erred by Arbitrary, Capricious abuse of discretion by deliberate ___ indifference ( Wilful Blindness ) and violated the constitutional rights of by ignoring the improper removal and " hijacking of the complaint" from the state court of Pa; and . a) Nameless attorneys and clerks in the DOJ circumvented the "due process safeguards and procedures " and ordered (unrecorded phone -3 ao & line) the clerks in the state court ( Allegheny County Common Pleas Court) to cancel the hearing ( lawfully scheduled /calendared on March 4, 2024) and engaged in ex parte communications with the the clerks of General motions court of Allegheny County Common Pleas court of Pittsburgh Pa; See ECF 33, Honorable Judge Klein's order dated March 22, 2024: Q5). Whether, the 3rd circuit court of Appeal and district court of Western Pennsylvania, erred by Arbitrary, Capricious abuse of discretion by delibe

Docket Entries

2025-01-13
Rehearing DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-03
2024-11-12
Petition DENIED.
2024-10-24
DISTRIBUTED for Conference of 11/8/2024.
2024-10-19
Waiver of right of respondents UPMC Health Plan, Inc. d/b/a UPMC for life, UPMC Holding Company, Inc. (incorrectly identified as UPM Corporate Holding Company), and University of Pittsburgh Physicians (incorrectly identified as University of Pittsburgh Physicians Services) to respond filed.
2024-10-17
Waiver of right of respondent H&HS to respond filed.
2024-10-08
Waiver of Maximus Federal Services of right to respond submitted.
2024-10-08
Waiver of right of respondent Maximus Federal Services to respond filed.
2024-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2024)

Attorneys

H&HS
Elizabeth B. PrelogarSolicitor General, Respondent
John F. Kodenkandeth
John F. Kodenkandeth — Petitioner
Maximus Federal Services
Walter Pattison DeForest IIIDeForest Koscelnik & Berardinelli, Respondent
UPMC Health Plan, Inc. d/b/a UPMC for life, UPMC Holding Company, Inc. (incorrectly identified as UPM Corporate Holding Company), and University of Pittsburgh Physicians (incorrectly identified as University of Pittsburgh Physicians Services)
Antoinette C. OliverMeyer, Unkovic & Scott, LLP, Respondent