UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
November 17, 2009
AMIYA K. GOSWAMI, PLAINTIFF,
CAROL F. STEIN; ALICE ULLMAN; JAMES FULLER; SELMA SEPS; BORSTEIN PARTNERS, LTD.; BORSTEIN MANAGEMENT LLC; NEIL J. BELLER; MARK R. DENTON; ULLMAN, SEPS & STEIN, LTD.; ULLMAN, SEPS & STEIN MANAGEMENT, LLC; DOES 1-10, DEFENDANTS.
The opinion of the court was delivered by: Honorable Manuel L. Real, United States District Judge
ORDER DISMISSING COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION [Fed. R. Civ. P. 12(b)(1)]
Date: November 16, 2009
Place: Courtroom 8
After consideration of the papers in support of and in opposition to the motion of defendants Carol F. Stein, Alice Ullman, Selma Seps, Ullman, Seps & Stein, Ltd., f/k/a Borstein Partners, Ltd., and Ullman, Seps & Stein Management, LLC, f/k/a Borstein Management, LLC (collectively, the "Moving Defendants") to dismiss the Complaint filed against them by plaintiff Amiya K. Goswami ("Goswami"), and after consideration of the oral argument of Goswami and counsel with regard to the Moving Defendants' motion and the Court's October 28, 2009 Order to Show Cause to Dismiss for Lack of Jurisdiction,
IT IS ORDERED that Goswami's Complaint is dismissed with prejudice as to all defendants based upon lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). The Complaint constitutes a de facto appeal of matters already decided by state courts in California and Nevada. Under the Rooker-Feldman doctrine, the Court lacks jurisdiction to review such matters. See Carmona v. Carmona, 544 F.3d 988, 995 (9th Cir. 2008) (the Rooker-Feldman doctrine "stands for the relatively straightforward principle that federal district courts do not have jurisdiction to hear de facto appeals from state court judgments") (citing Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923), and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983)). It is further
ORDERED that all other pending motions to dismiss by various defendants are hereby taken off calendar as moot.
© 1992-2009 VersusLaw Inc.