KAREN L. LITKOVITZ, Magistrate Judge.
Plaintiff, a resident of Texas proceeding pro se, brings this action against defendants Leanne and Herbert Hood in relation to an alleged property ownership dispute. (Doc. 1). This matter is before the Court on several of plaintiff's pretrial motions, including his motion to dismiss defendants' answers to the complaint (Doc. 11), motion to allow plaintiff to use the ECF filing system (Doc. 3), "motion to estoppel" (Doc. 15), "Motion to Rule on Rule 52" (Doc. 23), and motion for a "suppression order" (Doc. 28). This matter is also before the Court on defendants' memorandum in opposition to these motions and motion for judgment on the pleadings (Docs. 16, 24).
Plaintiff moves to dismiss defendants' answers to the complaint, including defendants' Exhibit A attached to the answer. (Doc. 11). Plaintiff argues that the Butler County Common Pleas Court "issued a Summons for the Defendants to answer an amended complaint dated June 6, 2018. . . . They failed to file their answer in the required time." (Id.). The Court construes plaintiff's motion as a motion to strike.
Motions to strike are governed by Rule 12(f), which provides that a court "may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Fed. R. Civ. P. 12(f). However, motions to strike are generally disfavored and should be used sparingly and only in cases where the material at issue has "no possible relation to the controversy." Anderson v. U.S., 39 F. App'x 132, 135 (6th Cir. 2002) (quoting Brown v. Williamson Tobacco Corp. v. U.S., 201 F.2d 819, 822 (6th Cir. 1953)).
Here, plaintiff has provided no valid argument in support of his motion to strike. Rather, from what the Court can discern, plaintiff purports to allege that defendants' answer was untimely in state court. Plaintiff's argument has no bearing on this federal lawsuit. Accordingly, plaintiff's motion to dismiss defendants' answer (Doc. 11) is
Plaintiff filed his initial complaint on May 18, 2018, which includes the caption "wrongful death complaint." (Doc. 1 at 1). Plaintiff alleges that he agreed to allow his daughter and her husband, Leanne and Herbert Hood, ("defendants") to move into his home in Trenton, Ohio while he and his wife resided in their new townhouse in Round Rock, Texas during the summer of 2014. (Id.). Plaintiff alleges that defendants agreed to pay all expenses on the home, including electric, water, taxes, and insurance. (Id.). Plaintiff alleges that he planned bestowing the Ohio home to his daughter in his will. (Id.).
In May 2015, plaintiff and his wife returned to the Ohio home. (Id.). Plaintiff alleges that defendants informed him that they could not pay the utilities, taxes, and insurance on the home because the home was not listed in their name. (Id.). As a result, plaintiff alleges that his attorney drafted a quitclaim deed in September 2015 giving defendants one-half ownership of the house at that time and the other half after his eventual death. (Id., Ex. A).
In spring 2016, plaintiff alleges that defendants requested sole ownership of the home, but defendants agreed to allow plaintiff and his wife to live in the upstairs portion of the home until their deaths. (Id.). After several arguments with his wife, plaintiff agreed to sell the entire property to defendants. (Id. at 1-2). On May 31, 2016, an attorney drafted paperwork for the transfer of property. (Id. at 2, Ex. B). Although the signatures of plaintiff and his wife appear on the deed transferring the property to defendants, plaintiff alleges that he and his wife did not sign the documents before a notary public. Rather, he alleges his daughter "took the deed transfer to her co-worker who was a Notary to get her stamp and signature." (Complaint, Doc. 1 at 2).
Plaintiff alleges that his wife continually expressed her dissatisfaction with the sale of the home. (Id.). On March 13, 2017, plaintiff's wife died from a severe heart attack. (Id.). On September 3, 2017, upon returning to Texas for the winter, plaintiff alleges that defendants sent him an email "telling [him] not to return to Ohio, the house was theirs and if [he] did return, they would have [him] arrested and prosecuted." (Id.).
In October 2017, plaintiff filed a pro se civil action in the Butler County, Ohio Court of Common Pleas seeking to have the home returned to him "because the deed transfers were within Ohio's 2-year-rule allowing the executor (me) of my wife's will to void them." (Id.). Soon thereafter, plaintiff alleges that defendants informed him of their intent to sell the home. (Id.). As such, in December 2017, plaintiff "filed with the Butler County Probate Court for [his wife's] will to be read and a motion to void the property transfer." (Id.). Plaintiff alleges that the Probate Court "put [his] wife's will on hold until there was a determination of the Common Pleas court was settled." (Id.).
Plaintiff alleges that in January 2018 a magistrate arranged a visitation for him to collect belongings from the home. (Id.). Defendants blocked plaintiff from parking in the driveway and Trenton police cars surrounded the home. (Id.). Plaintiff's daughter handed him a box of his belongings and he left the home. (Id.).
Based on these facts, plaintiff alleges:
(Id. at 3).
Plaintiff has also filed several supplemental memoranda and an amended pleading, which purport to clarify that he brings claims of wrongful death, breach of contract, and adverse possession. (See Docs. 4, 5, 6, 7, 19).
Courts apply the same analysis to motions for judgment on the pleadings under Rule 12(c) as they apply to motions to dismiss under Fed. R. Civ. P. 12(b)(6). See Warrior Sports, Inc. v. Nat'l Collegiate Athletic Ass'n, 623 F.3d 281, 284 (6th Cir. 2010). "For purposes of a motion for judgment on the pleadings, all well-pleaded material allegations of the pleadings of the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly entitled to judgment." JPMorgan Chase Bank, N.A. v. Winget, 510 F.3d 577, 582 (6th Cir. 2007) (internal citation and quotation marks omitted)). However, the Court need not accept as true legal conclusions or unwarranted factual inferences. Id. (citing Mixon v. Ohio, 193 F.3d 389, 400 (6th Cir. 1999)).
To withstand a Rule 12(c) motion for judgment on the pleadings, "a complaint must contain direct or inferential allegations respecting all the material elements under some viable legal theory." Commercial Money Ctr., Inc. v. Ill. Union Ins. Co., 508 F.3d 327, 336 (6th Cir. 2007). "The factual allegations in the complaint need to be sufficient to give notice to the defendant as to what claims are alleged, and the plaintiff must plead `sufficient factual matter' to render the legal claim plausible, i.e., more than merely possible." Fritz v. Charter Twp. of Comstock, 592 F.3d 718, 722 (6th Cir. 2010) (citing Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009)). A "legal conclusion couched as a factual allegation" need not be accepted as true, nor are recitations of the elements of a cause of action sufficient. Hensley Mfg. v. ProPride, Inc., 579 F.3d 603, 609 (6th Cir. 2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).
It is well-settled that a document filed pro se is "to be liberally construed" and that a pro se complaint, "however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers [.]" Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). However, the Sixth Circuit has recognized that the Supreme Court's liberal construction case law has not had the effect of "abrogat[ing] basic pleading essentials" in pro se suits. Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989).
Defendants move to dismiss plaintiff's complaint for lack of subject matter jurisdiction under Fed R. Civ. P. 12(b)(1). (Doc. 16 at 7-8). Defendants argue that plaintiff's wrongful death and "breach of contract or adverse possession" claims fail to establish federal jurisdiction. (Id. at 8). Defendants argue that plaintiff's wrongful death claim does not "sufficiently allege a cause of action against the defendants under the Iqbal standard so as to establish diversity jurisdiction." (Id.). Defendants also argue that the doctrine of res judicata prevents additional litigation of this action because the state court determined that the deed conveying the property to defendants was an unambiguous transfer of property. (Id. at 9).
Pursuant to 28 U.S.C. § 1332(a), federal courts have "`original jurisdiction of all civil actions . . . between citizens of different states' when the amount in controversy exceeds $75,000." Exact Software N. Am., Inc. v. DeMoisey, 718 F.3d 535, 541 (6th Cir. 2013) (quoting 28 U.S.C. § 1332(a)(1)). In order for diversity jurisdiction pursuant to § 1332(a) to lie, the citizenship of the plaintiff must be "diverse from the citizenship of each defendant" thereby ensuring "complete diversity." Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996) (citing State Farm Fire & Cas. Co. v. Tashire, 386 U.S. 523, 531 (1967)). "State citizenship, for purposes of diversity jurisdiction, is not a matter of residency but of domicile." Nat'l City Bank v. Aronson, 474 F.Supp.2d 925, 931 (S.D. Ohio 2007). Domicile is "established by an intent to remain at a location permanently, or at least indefinitely." Id. While the Court agrees that plaintiff's complaint does not establish a basis for federal question jurisdiction, the Court finds that, plaintiff's pro se complaint, liberally construed, establishes a basis for diversity jurisdiction in this matter. The face of the complaint demonstrates that plaintiff is now domiciled in Texas and maintains his residence in Round Rock, Texas, while defendants remain domiciled in Ohio. Moreover, plaintiff's supplemental pleading alleges that he seeks damages against defendants in the amount of $5,000,000, which exceeds the $75,000 amount in controversy requirement of § 1332. (Doc. 6). Accordingly, plaintiff's complaint should not be dismissed for lack of subject matter jurisdiction.
However, the Court finds that plaintiff's claims for breach of contract and adverse possession are barred by the doctrine of claim preclusion, or res judicata, which provides that a "final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action." Federated Department Stores, Inc. v. Moitie, 452 U.S. 394, 398 (1981). Under the doctrine of claim preclusion, a federal court must give a state court judgment the same preclusive effect it would have in the courts of the rendering state. Dubuc v. Green Oak Tp., 312 F.3d 736, 744 (6th Cir. 2002). Under Ohio law, "an existing final judgment or decree between the parties to litigation is conclusive as to all claims which were or might have been litigated in the first lawsuit." National Amusements, Inc. v. City of Springdale, 558 N.E.2d 1178, 1179 (Ohio 1990) (emphasis in the original) (citation omitted). See also Grava v. Parkman Twp., 653 N.E.2d 226, 228 (Ohio 1995) ("[t]he doctrine of res judicata requires a plaintiff to present every ground for relief in the first action, or be forever barred from asserting it") (citation omitted). See also State v. Dick, 738 N.E.2d 456, 460 (Ohio Ct. App. 2000) ("res judicata bars a subsequent action based upon any claim arising out of the transaction or occurrence that was the subject matter of the previous action, whether or not that particular claim was litigated, so long as there has been a valid, final judgment rendered upon the merits") (citing Grava, 653 N.E.2d 226, syllabus) (emphasis in the original). Under Ohio law, a prior judgment has preclusive effect if four elements are satisfied: (1) there is a final, valid decision on the merits by a court of competent jurisdiction; (2) the second action involves the same parties or their privies as the first; (3) the second action raises claims that were or could have been litigated in the first action; and (4) the second action arises out of the transaction or occurrence that was the subject matter of the previous action. Felder v. Community Mut. Ins. Co., No. 96-3320, 1997 WL 160373, at *3-4 (6th Cir. Apr. 4, 1997). Ohio law defines "transaction" as a "common nucleus of operative facts." Hapgood v. City of Warren, 127 F.3d 490, 494 (6th Cir. 1997) (quoting Grava, 653 N.E.2d at 229).
Here, a review of the record shows that a state court fully adjudicated the property ownership dispute which forms the basis for plaintiff's claims of breach of contract and adverse possession, and the alleged injuries resulting therefrom. In June 2018, the Butler County Common Pleas Court granted Leanne and Herbert Hood's motion for summary judgment on their counterclaims for quiet title and partition, holding that the evidence showed that plaintiff and his wife executed two deeds conveying the property to Leanne and Herbert Hood. (Doc. 8-1 at 11).
This federal action relates to the same civil property ownership dispute involving the Ohio home and deed as in the state court litigation and involves the same parties and claims that either were litigated in state court or could have been litigated in state court. Plaintiff alleges in his supplemental memorandum that the deed transfer was "fraudulent" because his attorney "failed to add into the deed transfer that it wouldn't be transferred until the death of [plaintiff and his wife]" and it was never signed in front of a notary. (Doc. 4 at 1). In another supplemental memorandum describing his breach of contract and adverse possession claims, plaintiff alleges that defendants breached an alleged contract relating to the home and that he was "defrauded" by defendants "out of the ownership of [his] house from the beginning." (Doc. 7 at 2). Plaintiff admits that his claim is "for the possession of [his] home and its contents that have been withheld from [him]. . . ." (Id.). However, the state court determined that the deed was legitimate and therefore defendants were the lawful owners of the property effective May 31, 2016 and granted judgment for defendants. Plaintiff is therefore barred under the doctrine of claim preclusion from pursuing his breach of contract and adverse possession claims in federal court. Therefore, plaintiff's breach of contract and adverse possession claims should be dismissed.
Plaintiff's wrongful death claim should also be dismissed. To withstand a motion for judgment on the pleadings, "a complaint must contain direct or inferential allegations respecting all the material elements under some viable legal theory." CSX Transportation, Inc. v. Columbus Downtown Dev. Corp., 307 F.Supp.3d 719, 727 (S.D. Ohio 2018) (quoting Commercial Money Ctr., Inc. v. Illinois Union Ins. Co., 508 F.3d 327, 336 (6th Cir. 2007)). Moreover, a plaintiff must plead sufficient facts to render his legal claim plausible. Id. To state a wrongful death claim under Ohio Rev. Code § 2125.01, a plaintiff must allege: (1) the death of the decedent; (2) the commencement of the action within two years thereafter; (3) a wrongful act, neglect or default of defendant that proximately caused the death and would have entitled the decedent to maintain an action and recover damages had she not died; (4) the decedent was survived by a spouse, children, parents or other next of kin; and (5) survivors have incurred damages as a result of the wrongful death. Bailey v. United States, 115 F.Supp.3d 882, 889 (N.D. Ohio 2015) (citing Mansour v. Woo, No. 2011-A-0038, 2012 WL 1493862, at *7 (Ohio Ct. App. Apr. 30, 2012)). Proximate cause occurs "where an original act is wrongful or negligent, and in a natural and continuous sequence, produces a result that would not have taken place without the act." Id. (quoting Petre v. Norfolk S. Ry. Co., 458 F.Supp.2d 518, 527 (N.D. Ohio 2006)). Although proximate cause is usually a question of fact for jury resolution, a plaintiff must allege more than "mere speculation or conjecture to determine the cause of the event at issue." Id.
In this case, plaintiff has failed to state a plausible wrongful death claim. Plaintiff has not alleged facts showing that defendants' actions proximately caused his wife's fatal heart attack. The relationship between the allegedly fraudulent transfer of property in May 2016 and his wife's fatal heart attack nearly one year later in March 2017 is simply too remote. Plaintiff's attempt to create a causal link between the property ownership dispute with defendants and his wife's heart attack and ultimate death is speculative, unforeseeable, and implausible under Rule 8 pleading standards. Moreover, plaintiff has failed to allege that his wife's heart attack and ultimate death would not have occurred in the absence of the property ownership dispute. Accordingly, defendants' motion for judgment on the pleadings (Doc. 16) should be granted in its entirety.
Plaintiff has filed several other pretrial motions. Plaintiff moves the Court to allow him to use the ECF filing system. (Doc. 3). Plaintiff also moves the Court for a ruling pursuant to Federal Rule of Civil Procedure 52.
As the undersigned has recommended that defendants' motion for judgment on the pleadings be granted, the Court need not consider these motions. Therefore, plaintiff's motions (Docs. 3, 15, 23, 28) are
Based on the foregoing it is
It is
Pursuant to Fed. R. Civ. P. 72(b),