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Mark Nodeen v. Stephen Wardell

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS


December 21, 2010

MARK NODEEN, PLAINTIFF
v.
STEPHEN WARDELL, DEFENDANT

The opinion of the court was delivered by: John A. Gorman United States Magistrate Judge

E-FILED

Tuesday, 21 December, 2010 03:38:25 PM

Clerk, U.S. District Court, ILCD

ORDER

Plaintiff has filed his complaint for injunctive relief. He asserts diversity as a basis for subject matter jurisdiction. The Court has concerns about the existence of subject matter jurisdiction, as follows:

Does the Rooker-Feldman doctrine or a "domestic-relations exception" to subject matter jurisdiction bar assertion of federal jurisdiction over this dispute? See, e.g. Mannix v. Machnik, - F.3d -, Case No. 06-2120, 2007 WL 1958633, June 28, 2007 (7th Cir.); Gorzelanczyk v. Baldassone, - F.3d -, Case No. 01-3012, 2002 WL 378174 , March 7, 2002 (7th Cir.).

In addition, the Plaintiff has named a "respondent in discovery." This procedural device is acceptable in Illinois court. See 735 ILCS 5/2-402. The Court knows of no similar devise that is acceptable in federal court. See. e.g., Stull v. YTB Internat'l Inc., - F. Supp. 2d -, Case No. 10-600GPM, 2010 WL 3702424, *3 (S.D. Ill.). As the Stull Court noted, a petition for discovery, which is what the Illinois procedure essentially is, "does not appear ... to be either a case or controversy for purposes of Article III's strictures on federal jurisdiction." Id. at *1.

Plaintiff is therefore directed to file, within 21 days of this date, a brief addressing those two jurisdictional issues.

20101221

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