LIU v. WEI
| HUAIZHAO LIU |
| JINGSHENG WEI |
| 1:2020cv02625 |
| September 17, 2020 |
| US District Court for the District of Columbia |
| Ketanji Brown Jackson |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 10 REPLY re #8 MOTION to Remand to Superior Court filed by HUAIZHAO LIU. (zjf) |
| Filing 9 RESPONSE re #8 MOTION to Remand to State Court filed by JINGSHENG WEI. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barger, David) |
| Filing 8 MOTION to Remand to Superior Court by HUAIZHAO LIU (zjf) |
| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by JINGSHENG WEI re Order to Show Cause,,,,,,,, filed by JINGSHENG WEI. (Barger, David) |
MINUTE ORDER TO SHOW CAUSE. On July 31, 2019, Huaizhao Liu and her daughter, Charlotte Zhang, sued Jingsheng Wei in the Superior Court of the District of Columbia alleging, inter alia, that Wei is Charlotte's father and that he had breached a promise to pay for Charlotte's college and otherwise help Liu care for Charlotte. See Notice of Removal, Liu v. Wei, No. 19cv3344, ECF No 1, at 12. Wei removed the matter, which was styled as a breach of contract action and defamation action (the "Contract Case"), to federal court based on diversity of citizenship. See id. That matter remains pending before this Court. See Liu v. Wei, No. 19cv3344 (D.D.C.). Earlier this year, on July 16, 2020, Liu separately filed a Petition seeking to establish parentage and child support for Charlotte (the "Parentage and Support Case") in the Family Court of the Superior Court of the District of Columbia, naming Wei as the respondent. That case is before this Court at present, because, on September 18, 2020, Wei removed the Parentage and Support Case, asserting that this Court has diversity jurisdiction over the matter, and also that this Court may exercise supplemental jurisdiction over the Parentage and Support Case because of its relationship to the Contract Case. To the contrary, the Supreme Court has long recognized a "domestic relations exception" to federal jurisdiction, see Ankenbrandt v. Richards, 504 U.S. 689, 692704 (1992) (citing, e.g., Barber v. Barber, 21 How. 582 (1859)), and under that doctrine, "a federal court will not take jurisdiction over a case if that would require it to grant a divorce, determine alimony or support obligations, or resolve parental conflicts over the custody of their children[,]" Bennett v. Bennett, 682 F.2d 1039, 1042 (D.C. Cir. 1982) (citations omitted). Accordingly, it is hereby ORDERED that, on or before October 7, 2020, Wei shall SHOW CAUSE why Parentage and Support Case should not be remanded to the Superior Court. Signed by Judge Ketanji Brown Jackson on 9/23/2020. (jag)
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| Filing 6 ANSWER to Complaint #2 NOTICE OF REMOVAL (Petition to Establish Parentage and/or Child Support) by JINGSHENG WEI.(Barger, David) |
| Filing 5 NOTICE to Counsel/Party re #2 Notice of Removal (zsb) |
| Filing 4 NOTICE of Exhibits A-C by JINGSHENG WEI re #2 Notice of Removal (Attachments: #1 Exhibit B, #2 Exhibit C)(Barger, David) |
| Filing 3 NOTICE OF RELATED CASE by JINGSHENG WEI. Case related to Case No. 1:19-cv-03344. (Barger, David) |
| Case Assigned to Judge Ketanji B. Jackson. (zsb) |
| Filing 2 NOTICE OF REMOVAL from Superior Court for the District of Columbia, case number 2020 PCS 174 Filing fee $ 400, receipt number ADCDC-7605993 filed by JINGSHENG WEI.(Barger, David) |
| Filing 1 CIVIL COVER SHEET by JINGSHENG WEI filed by JINGSHENG WEI.(Barger, David) |
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| Plaintiff: HUAIZHAO LIU | |
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| Defendant: JINGSHENG WEI | |
| Represented By: | David G Barger |
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