From: [email protected]
Sent: Monday, June 19, 2017 3:29 PM
Subject: Activity in Case 9:16-cv-81928-RLR Baker v. Batmasian et al
Order on Motion to Dismiss for Failure to State a Claim
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U.S. District Court
Southern District of Florida
Notice of Electronic Filing
The following transaction was entered on 6/19/2017 at 3:28 PM EDT and filed on
6/19/2017
Case Name: |
Baker v. Batmasian et al |
Case Number: |
|
Filer: |
|
WARNING: CASE CLOSED on 06/19/2017 |
|
Document Number: |
104(No document attached) |
Docket Text:
PAPERLESS
ORDER granting Defendants' Motion to Dismiss [42]. Plaintiff's sole federal
cause of action, Count I, alleges that Defendants are liable under 26 U.S.C. §
7434 because Defendants "issued an information return to (Plaintiff) James
Baker and the information was fraudulent." DE 32 at 39. That is incorrect.
As Defendants point out, the information return, attached to Plaintiff's
Amended Complaint, was not issued to Plaintiff. The information return was
issued to a corporation-Yawkey Consulting Group, Inc.-that is not a party to
this suit. DE 32-1 at 2. Defendants therefore argue that Plaintiff does not
have standing to bring Count I as the alleged fraudulent return was not issued
to him personally. Associated Builders, Inc. v. Ala. Power Co., 505 F.2d 97,
100 (5th Cir. 1974) (noting that when exhibits contradict allegations, exhibits
govern); see also Warth v. Seldin, 422 U.S. 490 (1975) (holding that a
plaintiff must allege a distinct injury to himself). In response to Defendants'
argument, Plaintiff is completely silent-Plaintiff offers no argument
whatsoever. As a result, this Court grants Defendants' Motion to Dismiss as to
Count I for two reasons. First, the Motion is granted by default on this point
pursuant to Local Rule 7.1(c). Second, the Motion is granted based upon the
plain wording of 26 U.S.C. § 7434(a) ("If any person willfully files a
fraudulent information return with respect to payments made to any other
person, such other person [Yawkey Consulting Group, Inc.] may bring a civil
action...."). Count I is therefore dismissed solely as to Plaintiff James
Baker. This dismissal is with prejudice because although Plaintiff has
requested leave to amend in lieu of argument on this matter, the Court denies
this request. The Court denies Plaintiff's request for leave to amend because
(1) Plaintiff has already amended his complaint, (2) Plaintiff was aware of
Defendants' argument on this matter as early as January 6, 2017, (3) Plaintiff
amended his complaint after becoming so aware, (4) Plaintiff failed to add as a
party-plaintiff the corporation to which the information return was issued, (5)
Plaintiff has failed to provide any legal argument why the corporation need not
be the plaintiff in this matter and (6) the amended pleadings deadline expired
on March 4, 2017. Notably, Plaintiff's failure to respond to Defendants'
argument on the issue of standing stands in stark contrast to the very
extensive motion practice in this case. Because the Court is unaware of any
basis for diversity jurisdiction and because the Court exercises its discretion
not to exercise supplemental jurisdiction over Plaintiff's state law claim,
Count II, that count is dismissed without prejudice. See Parker v. Scrap Metal
Processors, Inc., 468 F.3d 733, 742 (11th Cir. 2006). The Clerk of the Court
shall close this case and all other pending motions are denied as moot. Signed
by Judge Robin L. Rosenberg on 6/19/2017. (bkd)
NOTICE:
If there are sealed documents in this case, they may be unsealed after 1 year
or as directed by Court Order, unless they have been designated to be
permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
9:16-cv-81928-RLR Notice has been electronically mailed to:
Chelsea A. Lewis [email protected],
[email protected],
[email protected], [email protected]
Chris Kleppin [email protected],
, [email protected]
George Louis Sigalos [email protected], [email protected]
Heather Elise Kruzyk [email protected]
Jennifer Boussy Carroll [email protected]
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