dela Cruz v. Brennan

Background

After a two-day bench trial in August 2022, the court found for Defendant Louis DeJoy, identified in the opinion as the Postmaster General of the United States Postal Service, on Fernando N. dela Cruz’s claim that the defendant interfered with rights under the Family and Medical Leave Act. The court entered judgment for the defendant. Dela Cruz, who was representing himself, appealed the judgment to the United States Court of Appeals for the Ninth Circuit.

Motions

Dela Cruz moved for permission to proceed without paying fees on appeal. He also filed an administrative motion asking the government to pay for transcripts of the August 2022 bench trial. The opinion states that Dela Cruz had already been permitted to proceed without paying fees in the district-court action.

Under the cited rules, a party who was allowed to proceed without paying fees in the district court may generally continue doing so on appeal unless the trial court certifies that the appeal is frivolous or not taken in good faith. The court did not certify that Dela Cruz’s appeal was frivolous or not taken in good faith. It therefore stated that he could continue to proceed without paying fees on appeal, and denied his motion as moot.

The court could grant the transcript request only if the appeal was not frivolous and presented a substantial question. The court found that the appeal raised reasonably debatable questions about the trial evidence, including whether Dela Cruz had given notice that he intended to take leave protected by the Family and Medical Leave Act and whether the defendant had a duty to ask whether his leave was protected. The court granted the motion for trial transcripts at government expense.

Disposition

The court denied Dela Cruz’s motion to proceed without paying fees on appeal as moot and granted his motion for transcripts at government expense.