Rantissi v. Taylor Bean & Whitaker Mortgage Corp. et al

Filing 32

ORDER that 5 Motion to Dismiss is GRANTED. Plaintiff's various motions 12 , 18 , and 21 are DENIED as moot. The clerk is directed to enter judgment accordingly. Signed by Judge Andrew P. Gordon on 1/9/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARK RANTISSI,

Case No. 2:13-cv-01186-APG-PAL

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Plaintiff,

ORDER

v.
TAYLOR BEAN & WHITAKER
MORTGAGE CORP, et al.,
Defendants.

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Defendants' Motion to Dismiss [Dkt #5] contends that Plaintiff has filed nearly
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identical actions in both the state court and federal court. Subsequently, Plaintiff filed
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two additional state court lawsuits. The state court dismissed two of those lawsuits and
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entered Summary Judgment against Plaintiff in the other. (Dkt. #31 at 3:1-16.) The state
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court complaints were near mirror images of Plaintiff's federal court complaint; the
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actions concerned the same property and sought identical relief, and cumulatively were
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filed against the same parties. Because the state court matters were addressed and
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resolved by the state court (including through entry of Summary Judgment against
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Plaintiff, see Dkt. #31-2), those decisions have res judicata and collateral estoppel
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effects concerning the property and claims that are the subject of this federal court
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lawsuit. Plaintiff is not entitled to relitigate claims in different courts seeking to obtain a
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different result.
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Accordingly, Defendants' Motion to Dismiss [Dkt. #5] is GRANTED. Plaintiff's
various motions [Dkt. ##12, 18, and 21] are DENIED as moot.

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The Clerk of the court is directed to enter judgment accordingly.

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Dated: January 9, 2014.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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