COLLEEN KOLLAR-KOTELLY, United States District Judge
Plaintiff, proceeding pro se, has filed suit in this Court based on events that occurred in a lawsuit in Maryland, which resulted in his settlement with the Washington Metropolitan Area Transit Authority (WMATA) for $130,000. Invoking diversity jurisdiction, plaintiff sues WMATA and WMATA attorneys Brendan H. Chandonnet, and Kathleen Carey. In addition, plaintiff sues his former attorney Eric Rosenberg of Rosenberg & Fayne, LLP, and attorneys Phillip R. Zuber and Emily Spiering of Sasscer, Clagett & Bucher (SCB defendants). See Compl. ¶¶ 4-11. Each group of defendants has moved to dismiss, and plaintiff has opposed each motion.
Upon careful consideration of the parties' submissions, the Court finds that it lacks subject matter jurisdiction. Consequently, the Court will (1) grant the WMATA defendants' motion to dismiss under Rule 12(b)(1), (2) deny all other pending motions, including those to dismiss under Rule 12(b)(6), as moot, and (3) dismiss the case. See Fed. R. Civ. P. 12(h)(3) (requiring dismissal at any time the Court finds subject matter jurisdiction wanting).
As plaintiff recounts in the instant complaint, a WMATA bus driver allegedly threw him off a bus in Arlington County, Virginia, following a fare dispute, which resulted in his sustaining "severe bodily injury." Compl. ¶¶ 12-13. Plaintiff, with the assistance of counsel, filed suit against WMATA in the Circuit Court for Prince George's County, Maryland, claiming battery and intentional infliction of emotional distress. Id. ¶ 12. WMATA removed the case to the United States District Court for the District of Maryland, and discovery ensued.
In July 2014, plaintiff and his attorney had a disagreement, which resulted ultimately in the court's permitting counsel to withdraw from the case. See Compl. ¶¶ 14-16. Plaintiff hired defendant Rosenberg on August 7, 2014. He signed an agreement, which included the following provision: "Attorney is hereby retained on a contingent basis and is to receive an amount equal to 40% of any amount which is recovered for Client by settlement." Rosenberg Defs.' Ex. 1, ECF No. 8-2. Rosenberg entered his appearance in the District of Maryland proceedings on August 27, 2014. Compl. ¶ 18. Two days later, following a status conference, the case was referred to Magistrate Judge Timothy F. Sullivan for mediation, and discovery was stayed. Id. ¶ 19.
On October 8, 2014, Rosenberg informed plaintiff in an e-mail that he would withdraw his appearance if plaintiff persisted in a settlement demand of $2 million. Compl. ¶¶ 35, 42; see Compl. Ex. B ("If you are asking me to make a demand of 2,000,000, I must withdraw as your attorney on numerous levels."). Plaintiff alleges that at the settlement conference held on October 17, 2014, he and WMATA "resolved the case for the payment of $130,000 from Defendant WMATA to the Plaintiff Edmond Machie.... without [Rosenberg's] legal representation [since he] withdrew from the case prior to the settlement conference and/or in the presence of [Magistrate Judge Sullivan]." Id. ¶ 20. Plaintiff executed a release to WMATA that same day. See id. ¶¶ 21-22. Allegedly, notwithstanding that Rosenberg no longer represented plaintiff, WMATA delivered the settlement check to Rosenberg's law firm. Id. ¶ 25; Rosenberg Defs.' Ex. 4, ECF No. 8-5.
Following a settlement hearing on October 17, 2014, a magistrate judge in the District of Maryland issued a Settlement Order, dismissing the case without prejudice for 30 days and thereafter with prejudice if neither party had moved to reopen the case. See Machie v. WMATA, No. 14-207 WGC (D.Md. Feb. 27, 2015) (Connelly, MJ.) (WMATA's Ex. A, ECF No. 11-2 "Feb. 27 Order"). Contrary to plaintiff's allegations, the transcript of the hearing establishes that Rosenberg appeared with plaintiff and spoke on plaintiff's behalf. See WMATA's Ex. C, ECF No. 11-4 (Oct. 17, 2014 Tr.).
On November 6, 2014, Rosenberg filed in the District of Maryland a Motion for Appropriate Relief, seeking an order "directing Mr. Rosenberg's law firm to negotiate the settlement check issued in the [] case, deposit the check in the law firm's escrow account, retain the firm's contingent attorney fee of $52,000, and deposit the remainder of the settlement funds into the Registry of this court for the benefit of Edmond Machie." Feb. 27 Order at 1. Plaintiff opposed the motion and requested that it be denied. Id. Following a hearing on January 29, 2015, the motion was denied. See Rosenberg Defs' Ex. 2 (Case Docket, ECF No. 8-3).
In the ruling on Rosenberg's motion, Magistrate Judge William Connelly sets out a colloquy from the settlement hearing
Magistrate Judge Connelly observed:
Feb. 27 Order at 3-4. He concluded, based on consummation of the settlement and the lack of a motion to reopen within 30 days, that "the dismissal [was] final." Id. at 4.
Most importantly, Magistrate Judge Connelly found that while the parties resided in different states to satisfy the requirement for diversity jurisdiction under 28 U.S.C. § 1332, the disputed fee amount of $52,000 did "
In the instant complaint filed four months later, plaintiff disputes the "appropriateness" of Rosenberg's 40 percent contingency fee. Compl. ¶ 26. In addition, he seeks a total of $20 million for the following claims:
The subject matter jurisdiction of the federal district courts is limited and is set forth generally at 28 U.S.C. §§ 1331 and 1332. Under those statutes, federal
"At the motion to dismiss stage,... complaints ... are to be construed with sufficient liberality to afford all possible inferences favorable to the pleader on allegations of fact." Settles v. U.S. Parole Comm'n, 429 F.3d 1098, 1106 (D.C.Cir. 2005). But in deciding a Rule 12(b)(1) motion for want of subject matter jurisdiction, the Court scrutinizes the alleged facts closer than it would in deciding a motion under Rule 12(b)(6) for failure to state a claim. See Wright v. Foreign Serv. Grievance Bd., 503 F.Supp.2d 163, 170 (D.D.C. 2007) (citations omitted); Grand Lodge of Fraternal Order of Police v. Ashcroft, 185 F.Supp.2d 9, 13-14 (D.D.C.2001) (citing 5A Charles A. Wright & Arthur R. Miller, Fed.Prac. & Proc.Civ.2d, § 1350)). Moreover, the Court is not limited to the four corners of the complaint; it "may consider such materials outside the pleadings as it deems appropriate to resolve the question whether it has jurisdiction to hear the case." Scolaro v. D.C. Bd. of Elections & Ethics, 104 F.Supp.2d 18, 22 (D.D.C.2000), aff'd, No. 00-7176, 2001 WL 135857 (D.C.Cir. Jan. 18, 2001).
Plaintiff invokes diversity jurisdiction, Compl. ¶ 1, which authorizes federal courts to hear cases involving parties of diverse citizenship where the amount in controversy exceeds $75,000. See 28 U.S.C. § 1332. "The Supreme Court long has held that states [and their arms or alter egos] are not subject to diversity jurisdiction under [§ 1332]." Long v. D.C., 820 F.2d 409, 412-13 (D.C.Cir.1987) (quoting Postal Telegraph Cable Co. v. Alabama, 155 U.S. 482, 15 S.Ct. 192, 39 L.Ed. 231 (1894); State Highway Commission v. Utah Construction Co., 278 U.S. 194, 49 S.Ct. 104, 73 L.Ed. 262 (1929)). And "when a person attempts to sue the District under the diversity statute," the District is treated "like the fifty states" and, thus, "is not subject to diversity jurisdiction." Id. at 414. "WMATA was created by an interstate compact entered into by the District of Columbia and the states of Maryland and Virginia." Watters v. WMATA, 295 F.3d 36, 39 (D.C.Cir.2002). Therefore, WMATA argues correctly that as an instrumentality of those states, it cannot be sued in federal court under the diversity statute. See WMATA's Mem. of P. & A. at 4. In addition, WMATA argues persuasively that its attorneys (Chandonnet and Carey), who are being sued for acts performed during their representation of WMATA, are absolutely immune from this lawsuit under the Eleventh Amendment immunity conferred upon WMATA by Maryland and Virginia, which "extends to suits for breach of attorney's liens" or suits to impose or enforce such liens.
Notwithstanding plaintiff's list of purported claims and the millions of dollars sought from the complaint, the gravamen of the complaint is a dispute between plaintiff and Rosenberg over Rosenberg's 40 percent contingency fee.
For the foregoing reasons, the Court concludes that it lacks subject matter jurisdiction and, thus, dismisses the case. A separate order accompanies this Memorandum Opinion.