Andrew Chien -vs- William K. Grogan, et al

Filing 24

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 8/3/2017. (awac, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Andrew Chien,

Plaintijf,
Civil Action No. l;!7-cv-358

Hon. Liam O'Grady
Hon. Theresa Buchanan

William K. Grogan, et al.

Defendants.

MEMORANDUM OPINION

This matter comes before the Court on Defendants' Motion to Dismiss for lack of subject

matter jurisdiction and failure to state a claim. (Dkt. No. 5). Plaintiff has also moved pro se for
an injunction to invalidate Defendant William Grogan's order issued in his capacity as
Commissioner for the Virginia Court of Chancery. (Dkt. No. 11). For the reasons discussed
below, the Court GRANTS Defendants' Motion and DENIES Plaintiffs Motion.
I. Background
Plaintiff, Andrew Chien, is a self-employed financial consultant. Plaintiff was retained

by Commonwealth Biotechnologies Incorporated ("CBI") to file SEC agency forms on the

company's behalf and act as a meeting manager for the company's shareholder meetings. In this
role, Plaintiff became involved with Richard J. Freer on or before 2011. At that time, Freer was

the operating director of CBI." In 2011, CBI sought bankruptcy protection. During the
bankruptcy process, Plaintiff sought to expose what he believed to be numerous instances of

' Plaintiff identifies the company as "Commonwealth Biotechnologies Incorporation." Dkt. No. 1at 14, H8. There
is no company bearing that name and the Court concludes that Plaintiff has made a typographical error in identifying
the company.