FALLAS v. DIGERONIMO et al
| DARYL FALLAS |
| JUSTINE DIGERONIMO, SOUTH JERSEY LEGAL SERVICES, INC. and JUSTINE DIGERONIMO, ESQ. |
| 3:2023cv04100 |
| August 1, 2023 |
| US District Court for the District of New Jersey |
| Georgette Castner |
| J Brendan Day |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 9
Letter to Judge Castner from DARYL FALLAS. (mgq)
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Set Deadlines as to #8 MOTION to Dismiss Plaintiff's Complaint. Motion set for 9/18/2023 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
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Filing 8
MOTION to Dismiss Plaintiff's Complaint by JUSTINE DIGERONIMO, ESQ., SOUTH JERSEY LEGAL SERVICES, INC.. (Attachments: #1 Brief, #2 Certification, #3 Exhibit Exhibit A to Counsel Cert, #4 Proposed form of Order, #5 Certificate of Service)(BILLEK, MAXWELL)
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Filing 7
Letter Judge Castner regarding the Order to Show cause from DARYL FALLAS. (Filed via ECF Help Desk) (jal, )
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Clerk`s Text Order - The document #6 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by SOUTH JERSEY LEGAL SERVICES, INC., JUSTINE DIGERONIMO, ESQ. has been GRANTED. The answer due date has been set for 9/8/2023. (jal, )
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Filing 6
Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants Justine Digeronimo, Esq. and South Jersey Legal Services, Inc.. Attorney MAXWELL L. BILLEK for JUSTINE DIGERONIMO, ESQ.,MAXWELL L. BILLEK for SOUTH JERSEY LEGAL SERVICES, INC. added. (Attachments: #1 Cover Letter)(BILLEK, MAXWELL)
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Filing 4
TEXT ORDER TO SHOW CAUSE: This matter comes before the Court upon review of its docket, the filing of Plaintiff's Complaint (ECF No. #1 ), and the Court's inherent power to raise sua sponte subject-matter jurisdiction concerns. Nesbit v. Gears Unlimited, Inc., 347 F.3d 72, 77 (3d Cir. 2003); see also Vogel v. Rosenblatt, Civ. No. 15-2715, 2016 WL 241380, at *2 (D.N.J. Jan. 20, 2016) (dismissing sua sponte for lack of subject-matter jurisdiction). Plaintiff asserts that this Court has federal question subject-matter jurisdiction because Defendants violated his right to attorney/client privilege due process and legal malpractice. (ECF No. #1 at 2.) The presence or absence of federal-question jurisdiction is governed by the well-pleaded complaint rule, which provides that federal question jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint. Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). Here, it appears that Plaintiff's Complaint fails to state a federal claim that would grant this Court subject-matter jurisdiction as Plaintiff's recourse for a breach of his attorney-client privilege is a legal malpractice claim, and a legal malpractice claim does not give rise to a federal question. See Westcor Land Title Ins. Co. v. Alicea, Civ. No. 19-8474, 2019 WL 6724311, at *4 (D.N.J. Dec. 10, 2019) (listing the existence and breach of an attorney-client relationship as elements to a legal malpractice claim); see also Tidwell v. Bembry, 133 F. Appx 26, 28 (3d Cir. 2005) (The District Court correctly concluded that subject matter jurisdiction could not be premised on 28 U.S.C. 1331 because [plaintiff's] claims of legal malpractice did not give rise to a federal question.). Plaintiff must show cause in writing within fourteen (14) days of the entry of this Order why this case should not be dismissed for lack of subject-matter jurisdiction. So Ordered by Judge Georgette Castner on 8/11/2023. (ijf, )
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Filing 5
CERTIFICATE OF SERVICE by DARYL FALLAS. (Filed via ECF Help Desk) (jal, )
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Filing 3
SUMMONS ISSUED as to JUSTINE DIGERONIMO, SOUTH JERSEY LEGAL SERVICES, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mg, )
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Filing 2
Notice of Guidelines for Appearing Pro Se (mg, )
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Filing 1
COMPLAINT against JUSTINE DIGERONIMO, SOUTH JERSEY LEGAL SERVICES, INC. ( Filing and Admin fee $ 402 receipt number TRE133801) with JURY DEMAND, filed by DARYL FALLAS. (Attachments: #1 Civil Cover Sheet)(mg)
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Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (mg, )
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