BERG v. SIGMUND et al

Filing 2

MEMORANDUM AND ORDER THAT DEFENDANT, DERSHAW'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION IS DENIED AND PLAINTIFF, BERG'S PLEADING IS DISMISSED FOR FAILURE TO STATE A CLAIM ON THE BASIS OF WHICH RELIEF COULD BE GRANTED. SIGNED BY JUDGE LOUIS H. POLLAK ON 3/19/07. 3/20/07 ENTERED AND COPIES MAILED.(le, )

BERG v. SIGMUND et al

Doc. 2

Case 2:07-cv-01051-LP

Document 2

Filed 03/20/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA

P H IL IP JAY BERG, PLAINTIFF, v. T E R R Y P. DERSHAW AND THE H O N O R A B L E DIANE W. SIGMUND, DEFEN DANTS.

C IV IL ACTION N o . 07-1051

M E M O R A N D U M /O R D E R M a rc h 19, 2007

O n Friday, March 16, 2007, Philip Jay Berg, debtor in a bankruptcy proceeding p en d ing before Chief Bankruptcy Judge Sigmund in the Bankruptcy Court for the Eastern D is tric t of Pennsylvania, filed pro se a pleading designated a "complaint" and a motion f o r a temporary restraining order. In that pleading, Mr. Berg sought an order from this c o u rt enjoining (1) defendant Terry P. Dershaw, as trustee in plaintiff Berg's bankruptcy, f ro m presenting, and (2) defendant Chief Judge Sigmund from considering, a motion s c h e d u le d to be heard in the Bankruptcy Court on the morning of March 19, 2007. The m o tio n to be heard in the Bankruptcy Court consisted of an application, by defendant D e rs h a w , for a court order authorizing him, as trustee, to sell certain real property of d e b to r Berg located on Ridge Pike, Lafayette Hill, Pennsylvania.

At a hearing held in this court at 9:30am on March 19, 2007, Mr. Berg was

Dockets.Justia.com

Case 2:07-cv-01051-LP

Document 2

Filed 03/20/2007

Page 2 of 2

present and was represented by counsel. Mr. Dershaw was not present but was
re p re se n te d by counsel. Chief Judge Sigmund (whose chambers had been advised of the M arc h 19 hearing before this court, but who had not been served with Mr. Berg's p lea d in g ) was not present at this court's March 19 hearing, being occupied with p ro c e e d in g s in her court. A t the hearing this morning, defendant Dershaw moved to dismiss for lack of in p e r s o n a m jurisdiction and subject matter jurisdiction. After a colloquy, Mr. Dershaw w ith d re w the motion to dismiss for lack of in personam jurisdiction. After further argument, the following orders were announced from the bench: (1 ) the court, for reasons stated from the bench, denied defendant D e rsh a w 's motion to dismiss for lack of subject matter jurisdiction; (2) the court, sua sponte, for reasons stated from the bench, dismissed the p le a d in g filed by plaintiff Berg for failure to state a claim on the basis of w h ic h relief could be granted.

BY THE COURT:

/s/ Louis H. Pollak Pollak, J.