Morrow v. Topping, 24284.
| Decision Date | 27 January 1971 |
| Docket Number | No. 24284.,24284. |
| Citation | 437 F.2d 1155 |
| Parties | Donald MORROW, Appellant, v. Norman TOPPING, President, University of Southern California; Evelle Younger, Los Angeles District Attorney, Tom Reddin, Chief, Los Angeles Police Department, the United States of America, and the County of Lancaster, State of Nebraska, Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Donald Morrow, in pro per.
Larry L. Dier, Asst. U. S. Atty., John D. Maharg, County Counsel, Michael Douherty, Deputy County Counsel, Roger Arnebergh, City Atty., John A. Daly, George J. Franscell, Asst. City Attys., Lowell M. Ramseyer, Deputy City Atty., Cleve R. Ferguson of Musick, Peeler & Garret, Donnelly, Clark, Chase & Haakh, Los Angeles, Cal., for appellees.
Before CHAMBERS, HAMLEY and KILKENNY, Circuit Judges.
Donald Morrow appeals from the dismissal of his action against the President of the University of Southern California, the Chief of the Los Angeles Police Department, the Los Angeles State District Attorney, the United States and Lancaster County, Nebraska. Appellant sought tort damages and redress for the alleged deprivation of various constitutional rights in connection with appellant's commitment to, and the events following his release from, a mental hospital in Nebraska.
Plaintiff argues that the district court erred in the following respects: (1) denial of due process by acting upon defendants' motions to dismiss without oral argument; (2) denial of appellant's motion for reconsideration; and (3) denial of a fair hearing because: (a) the district judge's attitude toward plaintiff's case "may have been prejudiced" since one of the defendants is President of the University of Southern California, where the judge obtained his undergraduate degree, (b) the district judge was a member of the staff of the United States District Attorney at the time when that office "may have been involved" in this matter, and (c) one of the defendants is the United States, which employs the district judge.
Under Rule 3(d) of the Rules of the District Court for the Central District of California, motions, in general, are to be submitted and determined on the basis of motion papers, and without oral argument. Such a local rule is contemplated by Rule 78, F.R.Civ.P. See Rose Barge Line, Inc. v. Hicks, 421 F.2d 163 (8th Cir. 1970); Proceedings of the Seminar on Procedures for Effective Judicial Administration, 29 F.R.D. 191, 301. Failure to have oral argument before acting upon the motions to dismiss was therefore in full accordance with established procedure.
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...Parker v. United Airlines, Inc., 32 Wash.App. 722, 728, 649 P.2d 181, review denied, 98 Wash.2d 1011 (1982); See also Morrow v. Topping, 437 F.2d 1155, 1156 (9th Cir.1971) (due process not violated by court rule requiring that motions be presented without oral argument); RAP 11.6 (appellate......
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Spark v. Catholic University of America, 74--1336
...with these rules. While it is clear that due process does not include the right to oral argument on a motion, see e.g., Morrow v. Topping, 437 F.2d 1155 (9th Cir. 1971), there is a division of authority among the circuits on the issue of whether a motion for summary judgment may ever be gra......
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...Servs. Co., 926 F.2d 865, 869 (9th Cir.1991); Biotics Research Corp. v. Heckler, 710 F.2d 1375, 1379 (9th Cir.1983); Morrow v. Topping, 437 F.2d 1155, 1156-57 (9th Cir.1971). ...
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Cowan v. Rosebud Sioux Tribe
...established that lack of a hearing on either a motion to dismiss or notice of appeal is a denial of due process. See, Morrow v. Topping, 437 F.2d 1155 (9th Cir. 1971). See also, Federal Rule of Civil Procedure 78; Rose Barge Line, Inc. v. Hicks, 421 F.2d 163 (8th Cir. Plaintiffs have raised......