KRUISE v. JORGENSEN
| JAY KRUISE |
| PAUL VICTOR JORGENSEN |
| 1:2023cv02341 |
| August 11, 2023 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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MINUTE ORDER. Upon consideration of the defendant's #6 Motion to Dismiss and the plaintiff's #9 Motion for Remand, the Court will REMAND this action to the Circuit Court of Frederick County, Maryland. See 28 U.S.C. 1447(c). "A civil action... removable solely on the basis of [diversity] jurisdiction... may not be removed if any of the parties in interest properly joined and served... is a citizen of the State in which such action is brought." 28 U.S.C. 1441(b)(2). This action is only removable on the basis of diversity jurisdiction, since the plaintiff brings state-law claims sounding in contract and nothing more. Compl. para. 54-69, Dkt. 1-1; see Am. Well Works Co. v. Layne & Bowler Co., 241 U.S. 257, 260 (1916). And it was brought in Maryland, where the defendant is a citizen. Notice of Removal at 2, Dkt. 1. It follows that it cannot be removed. 28 U.S.C. 1441(b)(2); Caterpillar, Inc. v. Lewis, 519 U.S. 61, 68 (1996).In addition, venue for removed actions is only proper in "the district court of the United States for the district... embracing the place where [the state-court] action is pending," here the District of Maryland. 28 U.S.C. 1441(a). Thus even if this action were removable at all -- and it is not -- it would be removable only to the U.S. District Court for the District of Maryland.The Court recognizes that this action may involve the same facts as the plaintiff's prior action against the defendant, an action over which this Court had jurisdiction. See Kruise v. Jorgensen, No. 19-cv-49, 2022 WL 4379036 (D.D.C. Sept. 22, 2023). But with exceptions not relevant here, "[c]laim preclusion by reason of a prior federal judgment is a defensive plea that provides no basis for removal." Rivet v. Regions Bank of La., 522 U.S. 470, 478 (1998).For these reasons, the plaintiff's Motion to Remand is GRANTED. The defendant's Motion to Dismiss is DENIED AS MOOT. The Deputy Clerk is directed to close this case. So Ordered by Judge Dabney L. Friedrich on September 26, 2023. (lcdlf1)
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| Filing 11 Memorandum in opposition to re #9 Motion for Order for Remand to State Court filed by PAUL VICTOR JORGENSEN. (Attachments: #1 Exhibit, #2 USCA Order, #3 Exhibit)(Jorgensen, Paul) |
| Filing 10 REPLY to opposition to motion re #6 MOTION to Dismiss filed by PAUL VICTOR JORGENSEN. (Jorgensen, Paul) |
| Filing 9 First MOTION for Order Motion for Remand by JAY KRUISE. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2)(KRUISE, JAY) |
| Filing 8 RESPONSE re #6 MOTION to Dismiss Kruise v. Jorgensen filed by JAY KRUISE. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 1 Attachment, #3 Exhibit Ex. 2, #4 Exhibit Ex. 2 Attachment 1, #5 Exhibit Ex. 2 Attachment 2, #6 Exhibit Ex. 3)(KRUISE, JAY) |
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MINUTE ORDER granting the plaintiff's #7 Motion for CM/ECF User Name and Password. The Clerk of Court shall provide the plaintiff with instructions for accessing the Court's electronic filing system. So Ordered by Judge Dabney L. Friedrich on August 28, 2023. (lcdlf1)
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| Filing 7 MOTION for CM/ECF Password by JAY KRUISE. (zed) |
| Set/Reset Deadlines: Responses due by 9/4/2024 (zjch, ) |
| Filing 6 MOTION to Dismiss by PAUL VICTOR JORGENSEN. (Attachments: #1 Exhibit September 22, 2022 order of this Court, #2 Exhibit September 22, 2022 opinion of this Court, #3 Exhibit May 16, 2023 Judgment of US Court of Appeals, #4 Exhibit July 25, 2023 order of US Court of Appeals to deny extension to file petition of rehearing en band, #5 Text of Proposed Order)(Jorgensen, Paul) |
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MINUTE ORDER. Pursuant to Fox v. Strickland, 837 F.2d 507 (D.C. Cir. 1988), the plaintiff is advised that failure to respond to the defendant's pending #6 Motion to Dismiss by September 4, 2023, may result in the Court (1) treating the motion as conceded, (2) ruling on the defendant's motion based on the defendant's arguments alone; or (3) dismissing the plaintiff's claims for failure to prosecute. In addition, this case was removed from the Circuit Court for Frederick County, Maryland. As a general matter, civil actions brought in state court should be "removed... to the district court of the United States for the district" where the prior state-court action was pending, here the U.S. District Court for the District of Maryland. 28 U.S.C. 1441(a). The plaintiffs response should therefore address whether this case should be remanded to the Maryland Circuit Court and/or transferred to the District of Maryland. The Clerk of Court is directed to mail a copy of this Minute Order to the plaintiff's address of record. So Ordered by Judge Dabney L. Friedrich on August 21, 2023. (lcdlf1)
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Filing 4
STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on August 16, 2023. (lcdlf1)
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| Filing 3 NOTICE to Counsel/Party re #1 Notice of Removal, (Attachments: #1 Notice and Consent)(zcb) |
| Case Assigned to Judge Dabney L. Friedrich. (zcb) |
| NOTICE OF ERROR re #1 Notice of Removal; emailed to pauljorgensen@mac.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Attorney is provisional. Please renew your membership. See https://www.dcd.uscourts.gov/attorney-renewal. (cb, ) |
| Filing 2 NOTICE OF RELATED CASE by PAUL VICTOR JORGENSEN. Case related to Case No. 1:19-cv-00049. (Jorgensen, Paul) |
| Filing 1 NOTICE OF REMOVAL from Circui Court for FREDERICK COUNTY, MD, case number C-10-CV-23-000470 Filing fee $ 402, receipt number ADCDC-10272139 filed by PAUL VICTOR JORGENSEN. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Jorgensen, Paul) (Attachment 2 replaced on 8/14/2023) (zcb). |
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| Plaintiff: JAY KRUISE | |
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| Defendant: PAUL VICTOR JORGENSEN | |
| Represented By: | Paul Victor Jorgensen |
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