Massachusetts Department of Revenue Child Support Enforcement Division et al v. Michalko
| Massachusetts Department of Revenue Child Support Enforcement Division, Renata Angelo and Czech Republic |
| Jozef Michalko and Pro Se Party Jozef Michalko |
| 1:2021cv11782 |
| November 2, 2021 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Defendant |
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| Filing 17 Errata by Jozef Michalko . (Michalko, Jozef) |
| Filing 16 First MOTION for Reconsideration re 13 Order on Motion to Remand to State Court,,,,,,,,, 15 Copy Mailed, #14 Order of Remand to the State Court Barnstable Division of the Massachusetts Probate and Family Court by Jozef Michalko. (Attachments: #1 Affidavit Affidavit of Declarations, #2 Appendix Declarations, #3 Text of Proposed Order Motion for Expert Valuation, #4 Text of Proposed Order Motion for Preliminary Injunction CSE, #5 Text of Proposed Order Motion to Quash and Vacate)(Michalko, Jozef) |
| Filing 15 Certified Copies of #14 Order of Remand to the State Court, 13 Order on Motion to Remand to State Court, and docket sheet mailed to the Barnstable Division of the Massachusetts Probate and Family Court on 12/3/2021. (Pacho, Arnold) |
| Filing 14 Judge Richard G. Stearns: ORDER entered. ORDER OF REMAND to the Barnstable Division of the Massachusetts Probate and Family Court. (Pacho, Arnold) |
| Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #9 Motion to Remand to State Court.Plaintiff Massachusetts Department of Revenue (DOR) filed suit against defendant Josef Michalko in the Barnstable Division of the Massachusetts Probate and Family Court to enforce a child support Order from the Czech Republic concerning his son who resides there. Dkt #10 at 15-17. After review of the parties' filings, it is clear that this case was mistakenly removed to the federal district court pursuant to 28 U.S.C. 1332, diversity of citizenship, as there is no diversity between DOR and Michalko, both Massachusetts residents.Moreover, pursuant to The Uniform Interstate Family Support Act (UIFSA), enacted in Massachusetts as Mass. Gen. Laws ch 209D (which incorporates The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance), this court lacks subject matter jurisdiction. The UIFSA Petition in this case concerns the failure of Michalko to provide child support for his son. The United States Supreme Court has recognized a longstanding domestic relations exception to federal removal, that federal courts lack subject matter jurisdiction over domestic relations cases related to matters of child custody. See Ankenbrandt v. Richards, 504 U.S. 689, 704-706 (1992); see also Irish v. Irish, 842 F.3d 736, 740-741 (1st Cir. 2016). Similarly, Mass. Gen. Laws ch. 209D, places the jurisdiction to register foreign support orders in state court. Id. 1-103 ("The probate and family court, the district court and the Boston municipal court departments of the trial court are the tribunals of the commonwealth" to hear claims under this statute.) As the claims in this matter arise entirely under state law, the Eleventh Amendment also bars its removal. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 106 (1984) ("[I]t is difficult to think of a greater intrusion on state sovereignty than when a federal court instructs state officials on how to conform their conduct to state law.") As this court has no authority to entertain this matter, the case is REMANDED to the Barnstable Division of the Massachusetts Probate and Family Court. See 28 U.S.C. 1447(c). (MKZ) |
| Filing 12 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #11 Motion to Strike. Defendant Jozef Michalko has asked this court to "invalidate[] and strike down any orders of the Barnstable District Court its probate division after Nov. 2." Dkt #11 at 1. Under the federal procedural rules, "[t]he court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Fed. R. Civ. P. 12(f). The motion does not identify any material falling within the Rule. Moreover, the court has no jurisdiction to do so. See Rooker v. Fidelity Trust Co., 263 U.S. 413, 416 (1923); Dist. of Columbia Ct. of Appeals. v. Feldman, 460 U.S. 462 (1983). (mkz) |
| Filing 11 MOTION to Strike by Jozef Michalko. (Attachments: #1 Exhibit) (Pacho, Arnold) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Remand to State Court filed by Massachusetts Department of Revenue Child Support Enforcement Division. (Murphy, Brendan) |
| Filing 9 MOTION to Remand to State Court by Massachusetts Department of Revenue Child Support Enforcement Division.(Murphy, Brendan) |
| Filing 8 NOTICE of Appearance by Brendan C. Murphy on behalf of Massachusetts Department of Revenue Child Support Enforcement Division (Murphy, Brendan) |
| Filing 7 Copy re 6 Order on Motion for leave to electronically file Pro Se, mailed to Jozef Michalko on 12/1/2021. (Pacho, Arnold) |
| Filing 6 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #5 Motion for leave to electronically file Pro Se. Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at #https://pacer.uscourts.gov/register-account.Pro se e-filing account Instructions #https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm.If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again. Please email tracy_mclaughlin@mad.uscourts.gov. (Pacho, Arnold) |
| Filing 5 MOTION to Grant Access to Pacer and NextGen CM/ECF. by Jozef Michalko. (Dore, Samantha) |
| Filing 4 Filing fee/payment: $ 402.00, receipt number 1BST087082 for #1 Notice of Removal (Barbosa, Nilsa) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defendant by mail (Kelly, Danielle) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 1 NOTICE OF REMOVAL by Jozef Michalko (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit)(Kelly, Danielle) |
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