Nelson v. Carson Valley United Methodist Church

Filing 9

MEMORANDUM AND ORDER - By October 23, 2013, Defendants are directed to supplement the record with the "Judgement by Default" discussed in Michael Millward's Affidavit. Further, Defendants are directed to file a supplemental brief add ressing the application of the Rooker-Feldman doctrine to this matter. Defendants' failure to supplement the record in accordance with this Memorandum and Order may result in the denial of their Motion to Dismiss. If Defendants file a supplemental brief, Plaintiff may file a response within 14 days of such filing. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GREGG M. NELSON, pro se,
Plaintiff,
v.
CARSON VALLEY UNITED
METHODIST CHURCH, a Nevada
non-Profit Corporation, DOES 1-5,
Inclusive, and ROE COMPANIES 13, Inclusive,
Defendants.

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4:13CV3113

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. I have reviewed the record
in this matter and find that it is incomplete. In particular, Defendants have filed an
Affidavit from Michael Millward that discusses a “Judgment by Default” entered by
the Ninth Judicial District Court of the State of Nevada. (Filing No. 5-2 at CM/ECF
p. 2.) Defendant labeled the “Judgment by Default” as “Exhibit 1” and indicated that
it is attached to the Affidavit. (Id.) However, “Exhibit 1” does not appear to be
attached to the Affidavit, nor is it included elsewhere in the record.
Moreover, Defendants’ discussion of a state-court default judgment raises
concerns regarding the Rooker-Feldman doctrine, which prevents lower federal courts
from exercising appellate review of state court judgments. Rooker v. Fidelity Trust
Co., 263 U.S. 413, 416 (1923); District of Columbia Court of Appeals v. Feldman,
460 U.S. 462, 482 (1983). Accordingly,
IT IS ORDERED:
1.
By October 23, 2013, Defendants are directed to supplement the record
with the “Judgement by Default” discussed in Michael Millward’s Affidavit. Further,

Defendants are directed to file a supplemental brief addressing the application of the
Rooker-Feldman doctrine to this matter.
2.
Defendants’ failure to supplement the record in accordance with this
Memorandum and Order may result in the denial of their Motion to Dismiss.
3.
If Defendants file a supplemental brief, Plaintiff may file a response
within 14 days of such filing.
DATED this 24th day of September, 2013.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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