Kim et al v. Wilmington Savings Fund Society, FSB

Filing 8

ORDER dismissing this matter without prejudice for lack of subject matter jurisdiction and failure to state a cognizable claim, signed by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STEVE J. KIM and EUN SUN KIM,

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Plaintiffs,
C17-797 TSZ

v.
WILMINGTON SAVINGS FUND
SOCIETY, FSB,

ORDER

Defendant.
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By Minute Order entered May 31, 2017, docket no. 4, the Court directed plaintiffs

14 to show cause by June 9, 2017, why this action should not be dismissed for lack of
15 subject matter jurisdiction and failure to state a cognizable claim. Plaintiffs were directed
16 to file, along with any response to the Minute Order, copies of the order granting
17 summary judgment, the judgment, and the order for sale entered in King County Superior
18 Court Cause No. 14-2-29709-2 KNT. Plaintiffs did not timely file any response to the
19 Minute Order. Instead, they filed an amended complaint, docket no. 7, which is not
20 substantially different from the original complaint, and which continues to seek relief that
21 is in the nature of appellate review over a state court judgment. See Reusser v. Wachovia
22 Bank, N.A., 525 F.3d 855 (9th Cir. 2008) (observing that a federal action constitutes a
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ORDER - 1

1 de facto appeal from a state court judgment, which is precluded by the Rooker-Feldman
2 doctrine, when the claims raised are “inextricably intertwined” with the state court’s
3 decision). Given plaintiffs’ lack of response, this matter is hereby DISMISSED without
4 prejudice for lack of subject matter jurisdiction and failure to state a cognizable claim.
5 The Clerk is DIRECTED to send a copy of this Order to all counsel of record and to
6 CLOSE this case.
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IT IS SO ORDERED.

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Dated this 28th day of June, 2017.

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A

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Thomas S. Zilly
United States District Judge

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ORDER - 2