Morgan et al v. Scott
Filing
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MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 3/19/15. (mas, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KATHLEEN MORGAN,
Plaintiff,
v.
GEOFFREY SCOTT,
Defendant.
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) Civ. No.14-1319-SLR
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Kathleen Morgan, Landenberg, Pennsylvania. Pro se Plaintiff.
Neal J. Levitsky, Esquire, Fox Rothschild LLP, Wilmington, Delaware. Counsel for
Defendant.
MEMORANDUM OPINION
Dated: March /q , 2015
Wilmington, Delaware
I. INTRODUCTION
Plaintiff Kathleen Morgan ("plaintiff') proceeds pro se. She filed this lawsuit on
October 17, 2014, followed by an amended complaint on November 14, 2014, seeking
to reverse and remand decisions of the Delaware State Courts. (D.I. 1, 5) In addition,
plaintiff alleges fraud and trespass. The parties are diverse and the court has
jurisdiction pursuant to 28 U.S.C. ยง 1332. Presently before the court is the motion to
dismiss of defendant Geoffrey Scott ("defendant") and plaintiffs opposition thereto. (D.I.
6) Plaintiff also moves for leave to file electronically and requests counsel for the
dismissed plaintiff corporation Turkeys Inc. ("Turkeys"). 1 (D.I. 3, 9) For the following
reasons, the court will grant defendant's motion and will deny plaintiffs motions.
II. BACKGROUND
The parties were involved in litigation in the Delaware courts. On December 6,
2011, defendant filed suit against plaintiff and Turkeys in the Superior Court of the State
of Delaware in and for New Castle County, raising claims of breach of contract, fraud,
negligence and intentional misrepresentation, breach of covenant of good faith and fair
dealing, negligent and/or fraudulent inducement in connection with numerous loans
defendant made to plaintiff and Turkeys, and mutual mistake. See Scott v. Morgan, Civ.
No. N11C-12-066 CHT (Del. Super.) ("the Scott action"). The parties have known each
Turkeys appeared prose, and the court ordered it to retain counsel. (See D.I. 4)
When plaintiff filed the amended complaint on November 14, 2014, Turkeys was
eliminated as a plaintiff. (See D.I. 5) Although Turkeys is no longer a party to this
action, plaintiff filed a request for counsel to represent the corporation. (See D.I. 9)
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for several decades and, beginning in 1991, defendant occasionally would loan money
to plaintiff and her business entities, Turkeys and Cindee, Inc., to assist in their
acquisition or operation of several Capriotti's Sandwich Shop franchises in Delaware.
Morgan v. Scott, 2014 WL 4698487, at *1 (Del. 2014). Trial commenced in September
2013 and, at the close of evidence, defendant moved for judgment as a matter of law as
to his claim of mutual mistake. The Superior Court granted the motion and ordered
plaintiff and Turkeys to pay restitution to defendant in the amount of $318,000. (D.I. 6,
exs. A, B) Plaintiff appealed and, on September 22, 2014, the Delaware Supreme
Court affirmed the Superior Court's October 17, 2013 order that had granted
defendant's motion for judgment as a matter of law. See Morgan v. Scott, 2014 WL
4698487. Plaintiff also filed a motion for a new trial in the Scott action, denied by the
Superior Court on October 27, 2014. See Scott v. Morgan, 2014 WL 5713191 (De.
Super. 2014). In the meantime, while the Scott action was pending on appeal, plaintiff
initiated a lawsuit against defendant on March 7, 2014, in the Superior Court of the
State of Delaware in and for New Castle County, Morgan v. Scott, Civ. No. N14C-03017 FWW (Del. Super.) ("the Morgan action"). Defendant moved to dismiss pursuant to
Superior Court Rules 12(b)(6) and 13(a), and the action was dismissed with prejudice
on July 11, 2014. (D.I. 7, ex. D)
Plaintiff asks this court to reverse and remand the October 17, 2013 Superior
Court judgment in the Scott action. Plaintiff was represented by counsel in the Scott
action up to and including trial of the matter, and proceeded pro se thereafter when she
was unable to pay her attorney. Plaintiff alleges that, as a pro se litigant, she was
denied the full extent of judicial process.
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The amended complaint makes reference to an order that denied plaintiff's
motion to stay a March 14, 2014 sheriff's sale of restaurant equipment. Defendant had
obtained a writ of levy to satisfy the Superior Court judgment. The amended complaint
alleges that the motion was denied based upon defendant's representations that
Turkeys was not a party to the appeal. Plaintiff believed that Turkeys was a party on
appeal and, while not clear, seems to allege that Turkeys had a right to counsel
pursuant to the Sixth Amendment of the United States Constitution.
In addition, the amended complaint alleges fraud and trespass. Plaintiff alleges
that she reached an agreement in a case filed against her in the Delaware Court of
Chancery, No. 6495, and that defendant interfered in the agreement and diverted funds
which barred the settlement and enabled entry of judgment in a landlord/tenant action
filed in the Justice of the Peace Court of the State of Delaware in and for New Castle
County against Turkeys, Limestone Valley Enterprises, LLC. v. Turkey's Inc., No. JP1314-006891 (Del. J.P. Ct. 2013) ("the Limestone action"). The amended complaint states
that the case is now in the eviction stage. Plaintiff alleges that the Justice of the Peace
Court used the October 17, 2013 Superior Court judgment to support its October 20,
2014 order of judgment. (See D.I. 5, ex. I) The amended complaint alleges that
questionable legal writs of attachments without the right to title of property and
fraudulent letters of termination of franchise were used in the Limestone action. Plaintiff
presented her position to a three panel judicial hearing.
Finally, the amended complaint alleges that defendant filed the Scott action for
monies not owed by plaintiff "for the "ill-gotten motive of obtaining judgment for use" in
the Limestone action and, as a result, plaintiff will lose her restaurant franchise and
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future income from its operation. Plaintiff appears to seek reversal and remand of the
Limestone action judgment, as well as seeking judgment against defendant in the sum
of two million dollars.
Ill. LEGAL STANDARDS
The court must accept all factual allegations in a complaint as true and take them
in the light most favorable to a prose plaintiff. See Phillips v. County of Allegheny, 515
F.3d 224, 229 (3d Cir. 2008); Erickson v. Pardus, 551 U.S. 89, 93 (2007). Prose
pleadings, "however inartfully pleaded," must be held to "less stringent standards than
formal pleadings drafted by lawyers." Haines v. Kerner, 404 U.S. 519, 520-521 (1972).
If the court can reasonably read pleadings to state a valid claim on which the litigant
could prevail, it should do so despite failure to cite proper legal authority, confusion of
legal theories, poor syntax and sentence construction, or the litigant's unfamiliarity with
pleading requirements. Boag v. MacDougall, 454 U.S. 364 (1982).
A motion to dismiss pursuant to Rule 12(b)(6) challenges the legal sufficiency of
the complaint. When reviewing a motion to dismiss, the court must accept all wellpleaded facts and allegations, and must draw all reasonable inferences therefrom in
favor of the plaintiff. Burtch v. MilbergFactors, Inc., 662 F.3d 212, 220 (3d Cir. 2011)
(citing In re Ins. Brokerage Antitrust Litig., 618 F.3d 300, 314 (3d Cir. 2010)). However,
such "[f]actual allegations must be enough to raise a right to relief above the speculative
level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). See also Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (holding that, while the complaint need not contain
detailed factual allegations, it must contain more than a "formulaic recitation of the
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elements" of a constitutional claim and must state a claim that is plausible on its face)
(quoting Twombly, and providing further guidance on the standard set forth therein).
Following Twombly and Iqbal, the United States Court of Appeals for the Third
Circuit instructs that a district court must conduct a three-step analysis when
considering a motion to dismiss for failure to state a claim. Santiago v. Warminster
Twp., 629 F.3d 121, 130 n.7 (3d Cir. 2010) (noting that although Iqbal describes the
process as a "two-pronged approach," it views the case as outlining three steps) (citing
Iqbal, 556 U.S. at 675). First, "the court must 'tak[e] note of the elements a plaintiff
must plead to state a claim."' Id. at 130 (quoting Iqbal, 556 U.S. at 675) (alteration in
original). Second, the court "should identify allegations that, 'because they are no more
than conclusions, are not entitled to the assumption of truth.'" Id. (quoting Iqbal, 556
U.S. at 679). Third, "'where there are well-pleaded factual allegations, a court should
assume their veracity and then determine whether they plausibly give rise to an
entitlement for relief." Id. (quoting Iqbal, 556 U.S. at 679).
Courts generally consider the allegations of the complaint, attached exhibits, and
matters of public record in deciding motions to dismiss. Pension Benefit Guar. Corp. v.
White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir. 1993). Factual allegations
within documents described or identified in the complaint also may be considered if the
plaintiffs claims are based upon those documents. Id. (citations omitted). In addition, a
district court may consider indisputably authentic documents without converting a
motion to dismiss into a motion for summary judgment. Spruill v. Gillis, 372 F.3d 218,
223 (3d Cir. 2004); Lum v. Bank of Am., 361 F.3d 217, 222 (3d Cir. 2004) (in resolving a
motion to dismiss pursuant to Rule 12(b)(6), a court generally should consider "the
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allegations in the complaint, exhibits attached to the complaint, matters of public record,
and documents that form the basis of a claim.").
Defendant moves for dismissal pursuant to Fed. R. Civ. P. 12(b)(6) on the
grounds that: (1) plaintiff's claims in the instant action arise out of the subject matter of
claims previously adjudicated in Delaware State Courts; and (2) the amended complaint
fails to state a claim upon which relief may be granted.
IV. DISCUSSION
A. Rooker-Feldman/Younger Abstention Doctrines
The court turns to the Rooker Feldman 2 doctrine and the Younger'3 abstention
doctrine as they are dispositive of this case. Federal district courts are courts of original
jurisdiction and have no authority to review final judgments of a state court in judicial
proceedings. Rookerv. Fidelity Trust Co., 263 U.S. 413 (1923); see Powerv.
Department of Labor, 2002 WL 976001 (D. Del. 2002). The Rooker-Feldman doctrine
prohibits this court from maintaining subject matter jurisdiction over the amended
The Rooker-Feldman doctrine refers to principles set forth by the Supreme Court in
Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923), and District of Columbia Court of
Appeals v. Feldman, 460 U.S. 462 (1983). Because the doctrine divests the court of
subject matter jurisdiction, it may be raised at any time by the court sua sponte. Desi's
Pizza, Inc. v. City of Wilkes-Barre, 321 F.3d 411, 419 (3d Cir. 2003); Nesbit v. Gears
Unlimited, Inc., 347 F.3d 72, 77 (3d Cir. 2003).
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The court may raise the issue of Younger abstention sua sponte. O'Neill v. City of
Philadelphia, 32 F.3d785, n.1 (3d Cir. 1994). The abstention doctrine as defined in
Younger v. Harris, 401 U.S. 37 (1971 ), provides that federal courts are not to interfere
with pending state criminal proceedings. The Younger doctrine has been extended to
civil cases and state administrative proceedings. Middlesex Cnty. Ethics Comm. v.
Garden State Bar Ass'n, 457 U.S. 423 (1982); Huffman v. Pursue Ltd., 420 U.S. 592
(1975).
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complaint which effectively seeks to reverse and remand orders and judgments entered
by the Delaware courts.
"The Rooker-Feldman doctrine prevents the lower federal courts from exercising
jurisdiction over cases brought by 'state-court losers' challenging 'state-court judgments
rendered before the district court proceedings commenced."' Lance v. Dennis, 546 U.S.
459, 460 (2006) (citations omitted). The court finds that the Rooker-Feldman doctrine
claim bars plaintiff's amended complaint because the relief she seeks would require:
"(1) the federal court [to] determine that the state court judgment was erroneously
entered in order to grant the requested relief, or (2) the federal court [to] take an action
that would negate the state court's judgment .... " In re Knapper, 407 F.3d 573, 581
(3d Cir. 2005).
Plaintiff takes exceptions to decisions made in the Scott action and the
Limestone action. With regard to the Scott action, the Delaware Supreme Court ruling
in Morgan v. Scott, 2014 WL 4698487, affirmed the Superior Court's October 17, 2013
order that granted defendant's motion for judgment as a matter of law against plaintiff in
the sum of $298,000. 4
With regard to the Limestone action, the court takes judicial notice that plaintiff
appealed the Justice of the Peace Court's decision to the Delaware Superior Court after
a three judge panel found in favor of Limestone on October 20, 2014. See Morgan v.
Limestone Valley Enterprises, LLC, 2015 WL 721246, at *1 (Del. Super. 2015). Next,
on November 17, 2014, plaintiff and Turkeys filed a petition for a writ of certiorari in the
The Delaware Supreme Court noted that plaintiff appeared pro se and that Turkeys
was not a party to the appeal. See Morgan, 2014 WL 4698487 at n.2.
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Delaware Superior Court, but an attorney did not appear on behalf of Turkeys. Id. As a
result, the Delaware Superior Court struck Turkeys' petition because it was not signed
by a member of the Bar of the Supreme Court of Delaware, and directed plaintiff to
explain why her petition should not be dismissed for lack of standing because, under the
lease, she was not entitled to possession of the premises. 5 Id. at *2. The Delaware
Superior Court held that plaintiff lacked standing to contest the action for writ of
possession and, even if she had standing, she would not be entitled to a writ of
certiorari, finding that the opinion of the three judge panel in the Justice of the Peace
Court was orderly and well-reasoned. Id. at *3. Accordingly, the Delaware Superior
Court dismissed plaintiff's claims. Id.
Plaintiff asks the court to determine that State court rulings were erroneously
entered and to grant relief by reversing and remanding their decisions. The court does
not have the power to grant such relief under the Rooker-Feldman doctrine.
To the extent that the Limestone action remains pending in State court, under
Younger, a federal district court must abstain from hearing a federal case which
interferes with certain state proceedings. See Younger v. Harris, 401 U.S. 37 (1971 ).
Younger prevents federal courts from enjoining pending state proceedings absent
extraordinary circumstances. Middlesex Cnty. Ethics Comm., 457 U.S. at 437.
Abstention is appropriate when: (1) there are ongoing state proceedings that are judicial
in nature; (2) the state proceedings implicate important state interests; and (3) the state
proceedings provide an adequate opportunity to raise the federal claims. Lazaridis v.
Limestone and Turkeys entered into the lease in 2008. Morgan, 2015 WL 721246 at
*1.
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Wehmer, 591 F.3d 666, 670 (3d Cir. 2010). The doctrine applies to proceedings until all
appellate remedies have been exhausted, unless the matter falls within one of the
Younger exceptions. 6 Huffman v. Pursue Ltd., 420 U.S. 592, 608 (1975).
The Younger elements have been met and none of the exceptions apply. First, it
appears there may be on-going state proceedings. Second, Delaware has an important
interest in resolving eviction issues, and a ruling in its courts implicates the important
interest of preserving the authority of the State's judicial system. Federal courts have
routinely held that the Younger doctrine bars them from enjoining State court eviction
proceedings. See Boyer v. Scott Bros. Inv. Corp., 2011 WL 3847412 at *7 (E.D. Mo.
2011); Clark v. Bloomberg, 2010 WL 1438803, at *2 (E.D.N.Y. 2010); O'Neil v.
Hernandez, 2008 WL 2963634, at *1 (S.D.N.Y. 2008); Chamberlain v. 625 Orleans,
2011 WL 1627080, at *3 (E.D. Tex. 2011 ); Virostek v. Indy Mac Mortg. Services, 2011
WL 6937185, at *6 (D. Colo. 2011 ). Finally, plaintiff has an adequate opportunity to
raise any potential claims in State court. Accordingly, the court must abstain pursuant
to Younger and its progeny. See Pennzoil Co. v. Texaco, Inc., 481 U.S. 1, 15 (1987)
(stating that Younger abstention is favored even after the plaintiffs failed to raise their
federal claims in the ongoing state proceedings).
For the above reasons, the court will dismiss the amended complaint as it lacks
subject matter jurisdiction pursuant to the Rooker-Feldman doctrine and Fed. R. Civ. P.
Exceptions to the Younger doctrine exist where irreparable injury is "both great and
immediate," Younger, 401 U.S. at 46, where the state law is "flagrantly and patently
violative of express constitutional prohibitions," id. at 53, or where there is a showing of
"bad faith, harassment, or ... other unusual circumstances that would call for equitable
relief." Id. at 54.
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12(b)(1) and, to the extent the State claims remain pending, abstains pursuant to the
Younger doctrine.
B. Compulsory Counterclaims
In the alternative, the court consider defendant's position that dismissal is
appropriate because the claims in the instant action arise out of the subject matter of
claims previously adjudicated in the State court and, therefore, dismissal is appropriate
pursuant to Rule 12(b)(6). Plaintiff takes issue with defendant's position and responds
that the Morgan action was the refiling of counterclaims in the Scott action. She
contends that the Scott action was dismissed without prejudice because the judge in
that case refused to acknowledge her counterclaims.
A court may dismiss a claim under Rule 12(b)(6) if the claim is barred by Fed. R.
Civ. P. 13. See Bakerv. Gold Seal Liquors, 417 U.S. 467, 469 n.1 (1974). Under
federal law, a counterclaim is compulsory "if it arises out of the transaction or
occurrence that is the subject matter of the opposing party's claim and does not require
for its adjudication the presence of third parties of whom the court cannot acquire
jurisdiction." Fed. R. Civ. P. 13(a). "A compulsory counterclaim not raised in the first
action is barred in subsequent litigation." Bristol Farmers Mkt. and Auction Co. v. Arlen
Realty & Dev. Corp., 589 F.2d 1214, 1220 (3d Cir. 1978). The United States Court of
Appeals for the Third Circuit has embraced a fairly liberal interpretation of the
"transaction or occurrence" standard, establishing that "the operative question in
determining if a claim is a compulsory counterclaim ... [is] whether [the counterclaim]
bears a logical relationship to an opposing party's claim." Goodman Mfg. Co., L.P. v.
Carrier Corp., 2014 WL 4954281, at *1 (D. Del. 2014) (quoting Great Lakes Rubber
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Corp. v. Herbert Cooper Co., 286 F.2d 631, 634 (3d Cir. 1961)). Similarly, Delaware
Superior Court Civil Rule 13(a) bars the assertion of a compulsory counterclaim arising
from the same subject matter of an earlier action, only where the prior action resulted in
a judgment on the merits. See Fields v. Frazier, 2005 WL 3193820, at *1 (Del. Super.
2005).
Notably, the Morgan action was dismissed with prejudice upon motion by
defendant pursuant to Superior Court Rules 12(b)(6) and 13(a). In addition, the court
has examined the rulings in the State court action and considered plaintiff's position.
The claims and facts as alleged clearly arise out of the same transactions or
occurrences that were the subject of the Scott action and should have been included in
the Scott action. Accordingly, the court will grant the motion to dismiss.
C. Failure to State a Claim
To the extent plaintiff seeks a remedy based upon rulings made in State ..:ourt,
such as requiring her to pay the filing fee, finding she could not represent Turkeys, and
the like, plaintiff has failed to state a claim upon which relief may be granted. As
discussed above, this court's authority does not extend to remedying what plaintiff
perceives as errors made in the State court proceedings. Therefore, the court will grant
defendant's motion to dismiss.
V. CONCLUSION
For the above reasons, the court will deny as moot plaintiff's pending motions
and will grant defendants' motion to dismiss. (D.I. 3, 5, 6, 9)
A separate order shall issue.
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