June 18, 2019

Tenth Circuit: Lawsuit Properly Dismissed for Untimeliness, Failure to State a Claim, and Issue Preclusion

The Tenth Circuit Court of Appeals issued its opinion in Knight v. Mooring Capital Fund, LLC on Tuesday, April 22, 2014.

In 2010, the Tenth Circuit decided two appeals involving claims and cross-claims between, on one side, Judy Knight and her company Phoenix Central Inc., and, on the other side, Mooring Capital Fund, LLC. Two years later, Knight filed a new suit in Oklahoma state court on behalf of herself, Phoenix, and another of her companies, Mini Malls of America. The defendants were Capital and Financial and individuals associated with them, including Financial’s Chief Executive Officer, John Jacquemin, and unnamed “Counsels and Agents of Defendants.” Capital, Financial, and Mr. Jacquemin removed the litigation to federal district court, and moved to dismiss with prejudice. Knight responded and filed a first amended complaint that named as additional defendants the law firm and individual lawyers who represented Capital and Financial in the earlier proceedings. Capital, Financial, and Mr. Jacquemin then moved to dismiss the first amended complaint with prejudice, and the court granted the motion, citing claim preclusion, the statute of limitations, and F.R.C.P. 12(b)(6). The next day, Knight filed a motion to remand to state court, which was denied as moot; next, she filed an F.R.C.P. 59 motion to vacate, alter, or amend the district court’s motion, which was also denied; thereafter, she sent an email seeking the district court judge’s recusal. The court ordered the email to be filed and denied the recusal.

The Tenth Circuit affirmed, noting that the removal of the case to federal court was proper, some of Knight’s claims were untimely, others failed to state a claim or were barred by issue preclusion (not claim preclusion), and her request for recusal was untimely.

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