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Goldmark Friendship, LLC v. Larsen

United States District Court, D. Maryland
Feb 22, 2000
Civil No. JFM-99-2932 (D. Md. Feb. 22, 2000)

Summary

dismissing claims that were subject to an on-going receivership in state court under Rooker v. Fidelity Trust Co., 263 U.S. 413, because "all of the claims asserted by plaintiffs can be litigated through the state court system, subject to certiorari review by the Supreme of the United States"

Summary of this case from Keyes Law Firm, LLC v. Napoli Bern Ripka Shkolnik, LLP

Opinion

Civil No. JFM-99-2932

February 22, 2000


MEMORANDUM


Plaintiffs allege that their federal constitutional rights have been violated during the course of an on-going receivership proceeding currently pending before the Circuit Court for Baltimore City involving a health maintenance organization, Prime Health Corporation. They have instituted this action seeking injunctive and monetary relief against Prime Health's receiver and deputy receiver, the Attorney General of Maryland, and an Assistant Attorney General in her role as the receiver's attorney. Defendants have filed a motion to dismiss. The motion will be granted.

There are two clear bases for dismissal.

I need not decide whether, as argued by defendants, (1) plaintiffs' claims are barred by the Burford abstention doctrine, (2) defendants are entitled to absolute immunity, or (3) whether plaintiffs have failed to state any claim upon which relief can be granted.

First, all of the claims asserted by plaintiffs can be litigated through the state court system, subject to certiorari review by the Supreme Court of the United States. Thus, theRooker-Feldman doctrine clearly applies. See District of Columbia Court of Appeals v. Feldman, 460, 462 U.S. (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923). Second, plaintiff's claims are barred by the abstention principles established inYounger v. Harris, 401 U.S. 37 (1971). The Younger doctrine requires a federal court to abstain from enjoining or otherwise interfering with a State proceeding when (1) the proceeding "is an on-going state judicial proceeding, (2) the proceeding implicates important state interests, and (3) there is an adequate opportunity to present the federal claims in the state proceeding." Employers Resource Management Co. v. Shannon, 65 F.3d 1126, 1134 (4th Cir. 1995). Here, the State receivership proceedings are on going, those proceedings (involving, as they do, the regulation of health insurance) clearly implicate important State interests, and the Maryland court system provides a fully adequate forum in which to present plaintiffs' federal constitutional claims.

A separate order dismissing this action is being entered herewith.

ORDER

For the reasons stated in the memorandum entered herewith, it is, this 22nd day of February 2000

ORDERED

1. Defendants' motion to dismiss is granted;

2. This action is dismissed; and

3. The Clerk is directed to close this file.


Summaries of

Goldmark Friendship, LLC v. Larsen

United States District Court, D. Maryland
Feb 22, 2000
Civil No. JFM-99-2932 (D. Md. Feb. 22, 2000)

dismissing claims that were subject to an on-going receivership in state court under Rooker v. Fidelity Trust Co., 263 U.S. 413, because "all of the claims asserted by plaintiffs can be litigated through the state court system, subject to certiorari review by the Supreme of the United States"

Summary of this case from Keyes Law Firm, LLC v. Napoli Bern Ripka Shkolnik, LLP
Case details for

Goldmark Friendship, LLC v. Larsen

Case Details

Full title:GOLDMARK FRIENDSHIP, LLC, ET AL. v. STEVEN B. LARSEN, ET AL

Court:United States District Court, D. Maryland

Date published: Feb 22, 2000

Citations

Civil No. JFM-99-2932 (D. Md. Feb. 22, 2000)

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