Blum v. Merrill, Lynch, Pierce, Fenner & Smith, Inc.

Filing 51

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that this matter is remanded to the Circuit Court for St. Louis County, Missouri. Signed by District Judge Henry Edward Autrey on 4/9/14. cc: C.C.St.Louis Co.(CLA)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RANDEE BLUM

)
)
Plaintiff,
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v.
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MERRILL LYNCH, PIERCE, FENNER & )
SMITH, INC.,
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)
Defendant.
)

Case No. 13CV2461HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Defendant’s Motion for Final Order of
Remand or Judgment. On January 23, 2014, this Court held a hearing on
Defendant’s Motion to Vacate and Compel Arbitration. Defendants moved this
Court to vacate a judgment entered by the Circuit Court of St. Louis County. In
essence, Defendant asks this Court to review the judgment of the Circuit Court.
Defendant argues that it is not seeking appellate review of the judgment since
thirty days had not yet past making the judgment final under Missouri State Court
rules.
Under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27
L.Ed.2d 669 (1971), federal courts should abstain from exercising
jurisdiction in cases where equitable relief would interfere with
pending state proceedings in a way that offends principles of comity
and federalism. Accord Night Clubs, Inc. v. City of Fort Smith, 163

F.3d 475 (8th Cir.1998). The motivating force behind Younger
abstention is the promotion of comity between state and federal
judicial bodies. See Cedar Rapids Cellular, 280 F.3d at 881. The
Younger doctrine was originally applied to state criminal proceedings,
see, e.g., Hicks v. Miranda, 422 U.S. 332, 95 S.Ct. 2281, 45 L.Ed.2d
223 (1975), and later extended to civil cases. See, e.g., Moore v. Sims,
442 U.S. 415, 99 S.Ct. 2371, 60 L.Ed.2d 994 (1979) (child abuse
litigation); Trainor v. Hernandez, 431 U.S. 434, 444, 97 S.Ct. 1911,
52 L.Ed.2d 486 (1977) (welfare fraud action); Huffman v. Pursue,
Ltd., 420 U.S. 592, 594, 95 S.Ct. 1200, 43 L.Ed.2d 482 (1975)
(obscenity regulation).
In Middlesex County Ethics Comm. v. Garden State Bar Ass'n,
457 U.S. 423, 432, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982), the
Supreme Court identified several factors that should lead to
abstention under Younger: (1) the existence of an ongoing state
judicial proceeding, (2) which implicates important state interests,
and (3) which provides an adequate opportunity to raise constitutional
challenges. See also Silverman v. Silverman, 267 F.3d 788, 792 (8th
Cir.2001).
Aaron v. Target Corp. 357 F.3d 768, 774 (.8th Cir. 2004). All of the Younger
factors are present herein. Therefore, the Court concluded at the hearing that it
would not exercise jurisdiction over this matter.
Accordingly,
IT IS HEREBY ORDERED that this matter is remanded to the Circuit
Court for St. Louis County, Missouri.
Dated this 9th day of April, 2014.
_______________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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