Shoemaker et al v. Dawson et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS Case Closed.; terminating 2 Motion ; terminating 5 Motion to Dismiss Case Closed. Magistrate Judge Samuel Alba no longer assigned to case; terminating 10 Motion to Dismiss Case Closed. Magistrate Judge Samuel Alba no longer assigned to case; terminating 12 Motion to Dismiss Case Closed. Magistrate Judge Samuel Alba no longer assigned to case; terminating 15 Motion to Dismiss for Failure to State a Claim Case Closed. Magistrate Judge S amuel Alba no longer assigned to case; adopting Report and Recommendations re 21 Report and Recommendations.Because the court lacks jurisdiction to hear the case, it herebydismisses the action. Each party shall bear ones own costs and fees. Signed by Judge Clark Waddoups on 6/19/12. (jmr)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, NORTHERN DIVISION

PAUL DAVID SHOEMAKER et al.,

ORDER ADOPTING REPORT AND
RECOMMENDATION

Plaintiffs,
vs.
Case No. 1:11-cv-115 CW
GLEN R. DAWSON et al.,
District Judge Clark Waddoups
Defendants.
Magistrate Judge Samuel Alba
This case was assigned to United States District Court Judge Clark Waddoups, who then
referred it to United States Magistrate Judge Samuel Alba under 28 U.S.C. § 636(b)(1)(B). On
March 20, 2012, Judge Alba issued a Report and Recommendation, recommending that the four
pending motions to dismiss be granted and that a motion filed by the plaintiffs’ be denied. That
motion is titled Motion and Application by Special Appearance and Special Deposit for Complaint
for Damages for Breach of Fiduciary Duty Re: Glen R. Dawson’s Ruling 8 July 2011.
The plaintiffs filed no objection to the report and recommendation. With respect to the
Rooker-Feldman doctrine, both the Utah trial court case and the appellate case have been dismissed.
See Shoemaker v. Shoemaker, 2011 UT App 391, 265 P.3d 850. Because the state proceedings have
ended, application of the doctrine is appropriate in this case. See Erlandson v. Northglenn Mun. Ct.,
528 F.3d 785, 786 (10th Cir. 2008) (stating the Rooker-Feldman doctrine “is confined to cases
brought after the state proceedings have ended”). Under the Younger abstention doctrine, the court
further concludes the State of Washington provides an appropriate forum to the extent there are any
ongoing proceedings related to the divorce and child-custody matters at issue.
Accordingly, the court hereby APPROVES AND ADOPTS Judge Alba’s Report and

Recommendation in its entirety.1 Because the court lacks jurisdiction to hear the case, it hereby
dismisses the action. Each party shall bear one’s own costs and fees.
SO ORDERED this 19th day of June, 2012.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Judge

1

Docket No. 21.