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Jaffe, M.D. v. Judge Pregerson

February 2, 2012

JAFFE, M.D.
v.
JUDGE PREGERSON, ET AL.



The opinion of the court was delivered by: Honorable Stephen V. Wilson, U.S. District Judge

CIVIL MINUTES - GENERAL

Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE

Paul M. Cruz N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: IN CHAMBERS ORDER re DEFENDANTS' MOTION TO DISMISS [18]

INTRODUCTION

On October 27, 2011 pro se Plaintiff, Robert J. Jaffe, M.D. ("Jaffe") filed a Complaint seeking relief from judgment pursuant to Fed. R. Civ. P. 60(b). Plaintiff named four federal judges as defendants: Judge Pregerson of the Central District of California, and Judge Canby, Judge Thomas and Judge Fletcher of the Ninth Circuit Court of Appeals. On January 4, 2012, Defendants filed the instant Motion to Dismiss. Defendants' Motion is hereby GRANTED WITH PREJUDICE for the reasons set forth in this Order. The hearing scheduled for February 6, 2012 is hereby VACATED.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff, a physician, was employed at Kaiser Foundation Hospital (the "Hospital") in Panorama City, California. (Compl. ¶ 7). On August 1, 1994, after an administrative hearing, the Hospital recommended termination of Plaintiff's "hospital privileges." (Id. at ¶ 17). Plaintiff filed an action in Los Angeles Superior Court against the Hospital in which he sought to overturn the Hospital's termination of his "hospital privileges" based on alleged due process violations. (Id.). On January 10, 2003, Los Angeles Superior Court Judge David P. Yaffe upheld the Hospital's decision. (Id. at ¶¶ 8, 20-23). The California Court of Appeals affirmed Judge Yaffe's decision. (Id. at ¶ 26). Plaintiff alleges that both state court decisions were the product of "extrinsic acts of fraud upon the court." (Id. at ¶¶ 8, 22-23). Plaintiff further alleges that Judge Yaffe "falsely stated that Plaintiff had not raised issues before the Hospital's Appellate Review Board." (Id. at ¶ 24). Moreover, Plaintiff alleges that "the Appellate Court upheld Judge Yaffe's judgment through their own extrinsic acts of fraud upon the ." (Id. at ¶ 26) (emphasis in original).

On December 18, 2006, Plaintiff filed a complaint in this Court in which he requested that one of the Defendants in this action, District Judge Pregerson, set aside the state courts' judgments on the basis of extrinsic fraud under Fed .R. Civ. P. 60(b).*fn1 See Jaffe v. Yaffe, et al., CV 06-8094-DDP(JTLx) (Compl. ¶ 27; Exhibit A). (Compl. ¶ 27). Judge Pregerson granted the defendants' motion to dismiss for lack of subject matter jurisdiction, and the Ninth Circuit affirmed. (Id. at ¶¶ 10-14, 28-33; Exhibits A, C, and D).

Plaintiff maintains that Judge Pregerson's actions were fraudulent because he "falsely stat[ed] that his court did not have subject matter jurisdiction." (Id.). Plaintiff further alleges that the Ninth Circuit "committed their own acts of fraud [by] upholding the District Court's order [and] refus[ing] to comment on the district court justice's [sic] actions of fraud upon his court." (Id. at ΒΆ 13). On October 7, 2011, Plaintiff filed the instant action, seeking relief from the judgments in the earlier cases. (Dkt. No. 1). Plaintiff alleges that ...


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