BESOSA, District Judge.
Before the Court is defendant Camilo Velazquez-Velez ("Velazquez"), defendant Banco Popular's ("BPPR"), and defendant Luis F. Carlo-Mendoza's ("Carlo") motions to dismiss the case and motions for summary judgment. (Docket Nos. 34 & 40.) Also before the Court is plaintiff Abigail Arroyo's ("Arroyo") motion for summary judgment. (Docket No. 82.) After reviewing the motions and the relevant responses and replies, the Court
The Court declines to rehash all of the facts. Background information or facts will be recounted as needed in the Court's subsequent legal analysis of particular issues. See United States v. Stierhoff, 549 F.3d 19, 21 (1st Cir.2008).
On June 4, 2012, plaintiff Arroyo filed a pro se complaint requesting a fair trial for "violation of civil rights" and alleging that "[p]laintiff's lawsuit pertains to the FDIC in its corporate capacity ..." (Docket No. 1 at pp. 1 & 12.) In the complaint, plaintiff Arroyo describes how on November 10, 2008, he filed a lawsuit in the Puerto Rico Court of First Instance in Aguadilla ("the Puerto Rico trial court") against certain parties, including Westernbank,
On June 7, 2011, the Puerto Rico trial court substituted the defendant Westernbank
Plaintiff Arroyo also alleges that he did not receive proper notice of the FDIC's appointment and of the requirement to exhaust administrative remedies. (Docket No. 1 at pp. 9-10.) In addition, plaintiff Arroyo describes how he enlisted the help of two attorneys to help him with his case in the Puerto Rico courts. (Docket No. 1 at p. 11.) He states that he hired defendant Velazquez as his second lawyer on September 21, 2011. Id. He argues, however, that defendant Velazquez failed to help plaintiff Arroyo with his contentions. Id. Given these facts, plaintiff Arroyo argues that the Puerto Rico trial court, the FDIC, and various officers, including those who worked for the FDIC and Westernbank, and two lawyers, defendant Luis F. Morales-Gonzalez ("Morales") and defendant Velazquez; violated his civil rights. (Docket No. 1 at pp. 6 & 12.)
On November 9, 2012, defendant Velazquez filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) ("Rule 12(b)(1)") for lack of subject-matter jurisdiction and 12(b)(6) ("Rule 12(b)(6)") for failure to state a claim. (Docket No. 34.) On that same day, defendant Velazquez also filed a motion for summary judgment. Id. He contends that plaintiff's claims are barred under the Rooker-Feldman doctrine. Id. at pp. 6-7. He also argues that plaintiff Arroyo's legal action against the FDIC and its federal officers is barred by res judicata and collateral estoppel. Id. at pp. 7-8. In the alternative, defendant Velazquez argues that plaintiff's claims should be dismissed for failure to exhaust administrative remedies pursuant to FIRREA.
On November 20, 2012, defendant BPPR filed a motion to join defendant Velazquez's motion to dismiss and his motion for summary judgment. (Docket No. 40.) In that motion, BPPR reiterates the arguments that defendant Velazquez stated in his motion, (Docket No. 34), regarding the Rooker-Feldman doctrine and res judicata. (Docket No. 40.) On December 4,
After reviewing all of the relevant motions, responses, replies, and exhibits, the Court agrees with defendants Velazquez, BPPR and Carlo. Therefore, the Court
"As the [Supreme] Court unanimously held in Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), a pro se complaint, `however inartfully pleaded,' must be held to `less stringent standards than formal pleadings drafted by lawyers'..." Hughes v. Rowe, 449 U.S. 5, 10, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980). Therefore, a district court must construe a pro se plaintiff's pleadings somewhat liberally. Instituto de Education Universal Corp. v. U.S. Dept. of Educ., 209 F.3d 18, 23 (1st Cir.2000) ("The Supreme Court has long held that complaints drafted by non-lawyers are to be construed with some liberality.") Pro se status, however, "does not exempt a party from compliance with relevant rules of procedural and substantive law." Velez-Villaran v. Carico Int'l., Inc., 715 F.Supp.2d 250, 252 (D.P.R.2010) (citing Triestman v. Federal Bureau of Prisons, 470 F.3d 471, 477 (2d Cir.2006)).
Federal courts are courts of limited jurisdiction. Destek Grp. v. State of N.H. Pub. Utils. Comm'n., 318 F.3d 32, 38 (1st Cir.2003). Accordingly, "federal courts have the duty to construe their jurisdictional grants narrowly." Fina Air, Inc. v. United States, 555 F.Supp.2d 321, 323 (D.P.R.2008) (citing Alicea-Rivera v. SIMED, 12 F.Supp.2d 243, 245 (D.P.R. 1998)). Because federal courts have limited jurisdiction, the party asserting jurisdiction carries the burden of showing the existence of federal jurisdiction. Viqueira v. First Bank, 140 F.3d 12, 16 (1st Cir. 1998) (internal citations omitted).
Pursuant to Rule 12(b)(1), a party may move to dismiss an action for lack of subject-matter jurisdiction. Fed.R.Civ.P. 12(b)(1); see also Valentin v. Hosp. Bella Vista, 254 F.3d 358, 362 (1st Cir.2001) (discussing how Rule 12(b)(1) is the "proper vehicle for challenging a court's subject-matter jurisdiction.") Motions brought pursuant to Rule 12(b)(1) are subject to a similar standard as Rule 12(b)(6) motions. Defendants move to dismiss this action pursuant to both Rules 12(b)(1) and 12(b)(6).
Federal district courts lack jurisdiction over complaints that invite review of state or Commonwealth court judgments under the Rooker-Feldman doctrine.
First, it is clear from the allegations in Arroyo's complaint that he was the unsuccessful party in the Commonwealth Court action. The Puerto Rico trial court dismissed plaintiff Arroyo's complaint with respect to his claims against the FDIC on October 24, 2011. (Docket No. 48-1 at p. 7.) On March 28, 2012, the Puerto Rico Court of Appeals affirmed the Puerto Rico trial court's decision. Id. The second factor is also met because plaintiff alleges that the Puerto Rico courts incorrectly decided his case, which is what caused his
With regard to the third factor, the state court judgment was sufficiently final for Rooker-Feldman to apply. The First Circuit Court of Appeals has indicated that state or Commonwealth proceedings could be considered to have "ended" for Rooker-Feldman purposes "if the state court proceedings have finally resolved all the federal questions in the litigation ..." Federacion de Maestros de P.R., 410 F.3d at 25. The Puerto Rico trial court issued its opinion regarding plaintiff's federal questions on October 24, 2011, almost one year before plaintiff filed his complaint in federal court on June 4, 2012. Next, the Puerto Rico appeals court issued its opinion on March 28, 2012, nearly three months before plaintiff filed his complaint in federal court. The Puerto Rico appeals court attached a "Notice of Judgment" to the opinion, indicating that the parties have a right to appeal. (Docket No. 48-1 at p. 25.) In Puerto Rico, however, parties have thirty days to appeal an opinion issued by the Commonwealth courts of appeals and that period expired before plaintiff filed his claim in federal court. See P.R. Laws Ann. Tit. 32, App. III. R. 20(A)(1). Plaintiff Arroyo also does not indicate that he filed any request for review in the Puerto Rico Supreme Court. Therefore, the state court judgment is final and has "ended" for Rooker-Feldman purposes.
Finally, with regard to the fourth factor, plaintiff Arroyo's federal complaint requests that the Court review and reject the state court judgment. While plaintiff Arroyo adds a number of defendants that were not present in his Commonwealth court case, including individual attorneys who worked for the FDIC and Westernbank, to grant plaintiff's request for relief, the Court would have to "declare that the state court wrongly decided" the state action. See e.g., Davison, 471 F.3d at 223. Plaintiff Arroyo's federal complaint focuses entirely on facts dealing with the Commonwealth proceedings and how he did not receive the proper notice that he needed to exhaust administrative remedies; the latter issue was discussed at length by both the Puerto Rico trial court and the Puerto Rico court of appeals. Thus, not only does this Court have to review all of the factual findings that the Puerto Rico trial court and the Puerto Rico court of appeals made, but it would also need to determine that all of their legal conclusions were incorrect in order for plaintiff to obtain relief. Those determinations are prohibited by the Rooker-Feldman doctrine, which states that a federal district court lacks subject matter jurisdiction over lawsuits that seek to reverse or modify statecourt judgments.
Therefore, the Court
As stated earlier, plaintiff Arroyo alleges that "Mr. Velazquez had the opportunity
Having considered the defendants' motion to dismiss and all of the relevant responses, replies, and exhibits, the Court
Judgment shall be entered accordingly.