SJT Development, Inc. et al v. Reiger et al

Filing 66

MEMORANDUM AND ORDER - IT IS ORDERED: The Magistrate Judge's Findings and Recommendation (Filing No. 64 ) are adopted in their entirety. All claims asserted by Plaintiff SJT Development, Inc. are dismissed, without prejudice, as against all Def endants. Plaintiff Sandra M. Triantafillos's Motion to Dismiss (Filing No. 65 ) is granted, and all claims asserted by her are dismissed, without prejudice, as against all Defendants. All other pending motions are denied as moot. A separate Judgment will be entered.Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SJT DEVELOPMENT, INC., a
)
Nevada Corporation, and SANDRA )
M. TRIANTAFILLOS,
)
)
Plaintiffs,
)
)
v.
)
)
RACHEL L. RIEGER, DAVID L.
)
RIEGER, DEANA M. GUHDE,
)
DAVID F. GUHDE, MATTHEW
)
WILSON, d/b/a Joe Wilson & Co.,
)
ENDEAVOR DEVELOPMENT &
)
INVESTMENT GROUP, INC., a
)
Nevada Corporation, JOHN
)
REYES, JEFFREY KINNICK,
)
JAMES VEGA, JOHN DOES I-V,
)
real names unknown, LEVEL ONE )
FINANCIAL, INC., a California
)
Corporation, STAR CAPITAL
)
CORPORATION, a Delaware
)
Corporation, SILVER HILL
)
FINANCIAL, LLC, a Delaware
)
Limited Liability Company,
)
WACHOVIA BANK, NA, JOHN L.
)
BERNARD, d/b/a Bernard Real
)
Estate, IB PROPERTY HOLDINGS, )
LLC, a Delaware Limited Liability
)
Company, RANDY BENNETT, and )
BAYVIEW LOAN SERVICING, LLC, )
a Delaware Limited Liability
)
Company,
)
)
Defendants.
)

CASE NO. 8:11CV179

MEMORANDUM
AND ORDER

Before the Court is the Order and Findings and Recommendation of Magistrate
Judge F.A. Gossett (Filing No. 64) ordering that Plaintiffs' second counsel's motion to

withdraw be granted and recommending that judgment be entered in favor of the
Defendants as to all claims asserted by the Plaintiff SJT Development, Inc. (“SJT”). Also
before the Court is the motion for voluntary dismissal filed by Plaintiff Sandra M.
Triantafillos (Filing No. 65).
PROCEDURAL HISTORY
This case was removed from the District Court of Nemaha County, Nebraska. In
the Complaint are thirteen causes of action alleging: breach of fiduciary duty; fraudulent
misrepresentation; fraud; negligent misrepresentation; tortious interference; breach of
contract; civil conspiracy; and violations of the Racketeer Influenced and Corrupt
Organizations Act, 18 U.S.C. §§ 1961, 1962(d).

According to the Complaint, the

allegations arose out of the sale of an apartment building to Triantafillos, who alleged that
she is the sole shareholder, director, and officer of SJT. The Court granted the motion to
withdraw filed by Plaintiffs' first attorney. A second attorney entered his appearance.
Defendants Matthew Wilson and IB Property Holdings, LLC (“IB”), filed motions to
dismiss (Filing Nos. 31, 42).

Wilson's motion was based on Federal Rule of Civil

Procedure 12(b)(6), and IB's motion alleged that it was not named in any of the causes of
action. After the motions to dismiss were filed, Judge Gossett held an evidentiary hearing
with respect to the motion to withdraw filed by Plaintiffs' second counsel.

Neither

Triantafillos nor any other representative of IB appeared at the hearing.
Judge Gossett's Order and Findings and Recommendation followed, in which he:
granted the motion to withdraw filed by Plaintiffs' second counsel;1 and ordered Triantafillos

1

As Judge Gossett noted, Plaintiff SJT is now in default because corporate
defendants may not proceed pro se. City of Kansas City, Mo. v. Hous. & Econ. Dev. Fin.
Corp., 366 Fed. App'x 723, at **1 (8th Cir. 2010).
2

to file an affidavit and response to the pending motions to dismiss by November 29, 2011.
Judge Gossett recommended that SJT be held in default and judgment be entered in favor
of Defendants as to all claims asserted by SJT.
Triantafillos timely filed her Affidavit, which included her motion to dismiss, without
prejudice, all claims against all Defendants.
No objections to the Findings and Recommendation have been filed. Nevertheless,
under 28 U.S.C. § 636(b)(1) the Court has conducted a de novo review of the record and
adopts the Findings and Recommendation in their entirety. Moreover, the Court grants
Triantafillos's motion for voluntarily dismissal of all claims.
IT IS ORDERED:
1.

The Magistrate Judge’s Findings and Recommendation (Filing No.64) are
adopted in their entirety;

2.

All claims asserted by Plaintiff SJT Development, Inc. are dismissed, without
prejudice, as against all Defendants;

3.

Plaintiff Sandra M. Triantafillos’s Motion to Dismiss (Filing No. 65) is granted,
and all claims asserted by her are dismissed, without prejudice, as against
all Defendants;

4.

All other pending motions are denied as moot; and

5.

A separate Judgment will be entered.

DATED this 6th day of December, 2011.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge
3