Opinion
Civil Action No. 01-7019.
February 2, 2005
ORDER
AND NOW, this 2nd day of February, 2005, upon consideration of Plaintiff's Motion for Leave to File Supplemental Pleadings [Doc. # 136], and upon review of the record, it is hereby ORDERED that the Motion is DENIED.
Plaintiff moves to supplement his Amended Complaint pursuant to Federal Rule of Civil Procedure 15(d) by including certain transactions that allegedly occurred since the original filing. Specifically, Plaintiff claims that (1) Defendants Helen Lamb and Kathryn Lamb filed false affidavits of citizenship with this Court, "in an unlawful attempt to show lack of diversity of citizenship," and (2) Defendant Marjorie Lamb filed "tax returns with the forged signature of the plaintiff" with the Delaware Courts, "in an unlawful attempt to further the illegal enterprise plead [sic] in the original complaint."
Whether to allow a party to file a supplemental pleading is committed to the sound discretion of the Court. See Wright, Miller Cooper, Fed. Practice Procedure: Jurisdiction 2d § 1504 at 186-187. The Court has to consider whether granting the request will promote the efficient disposition of the entire controversy between the parties, will not cause undue delay and will not prejudice the rights of any of the parties. Id.
The Court finds that the interests of justice require denying Plaintiff's Motion. First, Plaintiff failed to attach his proposed supplemental pleading, leaving the Court to speculate that the alleged unlawful transactions are to be included in Plaintiff's "R.I.C.O. counts and allegations that plaintiffs [sic] abused the judicial process and violated federal and state criminal law to further an illegal enterprise." Second, in its September 30, 2004 Order [Doc. # 144] the Court already found Plaintiff's claim that Defendants Helen Lamb and Kathryn Lamb filed false affidavits of citizenship to be completely baseless. The September 30, 2004 Order denied Plaintiff's Motions for Sanctions Against Defendants Helen Lamb and Kathryn Lamb [Doc. # 134, 135], premised on the same allegations of false affidavits of citizenship.
Third, Plaintiff provides no explanation as to how the alleged filing of tax returns with Plaintiff's "forged" signature in the Delaware courts by Defendant Marjorie Lamb is furthering "the illegal enterprise" alleged in the Amended Complaint. Neither can the Court divine exactly which tax returns Plaintiff is referencing. He may be referring to documents filed by Defendant Marjorie Burns in the Delaware child support proceedings in opposition to Plaintiff's request for a Writ of Prohibition, described in more detail in this Court's February 1, 2004 Order. The Court cannot be sure and refuses to use its psychic powers, but notes that Plaintiff may be collaterally estopped from raising in federal court the issue of authenticity of evidence submitted in a claim already litigated and decided in the state forum.
It is so ORDERED.