Grochocinski v. Mayer Brown Rowe & Maw LLP et al

Filing 193

MOTION by Plaintiff David Grochocinski to dismiss for lack of jurisdiction (Morgans, David)

Firm No. 37409

12629.A2A6

SRM/DEM/mrs

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
DAVID GROCHOCINSKI, not
individually, but solely in his capacity as
the Chapter 7 Trustee for the bankruptcy
estate of CMGT, INC.,
Plaintiff,
v
MAYER BROWN ROWE & MAW LLP and
RONALD B. GIVEN,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

No.

06 C 5486

Judge Virginia M. Kendall

MOTION OF DAVID GROCHOCINSKI TO DISMISS DEFENDANTS’ MOTION FOR
SANCTIONS FOR LACK OF SUBJECT MATTER JURISDICTION AND TO
SUSPEND BRIEFING SCHEDULE ON MOTION FOR SANCTIONS
Respondent David Grochocinski, by his attorney, David E. Morgans, moves this
court, pursuant to F.R.Civ.P. 12(b)(1) and 12(h)(3), to dismiss defendants’ motion for
sanctions against him for lack of subject matter jurisdiction in this court. In support of this
motion, Mr. Grochocinski states that he has been sued personally for sanctions in the
litigation of the above-captioned matter without leave of the bankruptcy court. Under the
Barton doctrine, actions against a Trustee based on his conduct as Trustee may not be
brought unless first approved by the court overseeing the bankruptcy case to which the
action is related. In further support of this motion, respondent attaches hereto his
memorandum of law.
In the interest of economy, respondent also requests this court to suspend the
briefing schedule on the motion for sanctions against him (which was set on May 6, 2010,

G :\C A S E S \12629.A 2A 6 M ayer B row n\12629.M otion\12629.m t02.w pd

when respondent’s counsel first appeared before the court, and which calls for Mr.
Grochocinski’s response to be filed by June 3, 2010, and Mayer Brown’s reply to be filed
by June 24, 2010) while this motion to dismiss is under consideration.
Respectfully submitted,
MYERS & MILLER LLC
By:

/s/David E. Morgans
David E. Morgans

David E. Morgans (1959743)
MYERS & MILLER LLC
Thirty North LaSalle Street
Suite 2200
Chicago, Illinois 60602
Ph: 312/345-7250
Fx:
312/345-7251

G :\C A S E S \12629.A 2A 6 M ayer B row n\12629.M otion\12629.m t02.w pd

2