Situation Management Systems, Inc. v. Moore et al

Filing 24

Judge Richard G. Stearns: ORDER entered granting 20 Motion to Dismiss for Lack of Jurisdiction (Zierk, Marsha)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 12-12290-RGS
SITUATION MANAGEMENT SYSTEMS, INC.
v.
ALEXANDER MOORE, DANE HARWOOD
AND ALON SHKLAREK

ORDER ON DEFENDANTS’ MOTION TO DISMISS
FOR LACK OF SUBJECT MATTER JURISDICTION
May 29, 2013
STEARNS, D.J.
The motion to dismiss is ALLOWED. Judgment having entered, the court’s
jurisdiction over the attempt to enforce the judgment against non-parties to the original
lawsuit is foreclosed by Peacock v. Thomas, 516 U.S. 349, 357 (1996) (“We have
never authorized the exercise of ancillary jurisdiction in a subsequent lawsuit to impose
an obligation to pay an existing federal judgment on a person not already liable for that
judgment.”). Plaintiff offers no principled basis in law or fact to distinguish a binding
precedent of the Supreme Court of the United States.1
ORDER

1

Peacock involved a claim of veil-piercing virtually identical to the one being
advanced by plaintiff in the instant Complaint.

For the foregoing reasons, defendants’ motion to dismiss for want of subject
matter jurisdiction is ALLOWED. The Clerk will enter an Order of Dismissal and
close the case.
SO ORDERED.
/s/ Richard G. Stearns
________________________________
UNITED STATES DISTRICT JUDGE

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