The opinion of the court was delivered by: Judge Smith
Defendants' April 11, 2006 motions for an order of reference and to vacate a "void" judgment (docs. 13 and 14) are DENIED.
In July of 2003, Mrs. Lewis and her husband, Sidney T. Lewis brought suit against the Huntington and several other entities in the Court of Common Pleas for Franklin County, Ohio. The trial court, at the Lewises' request, dismissed all but one of the Lewises' claims. Later the Common Pleas Court granted Huntington's motion for summary judgment and dismissed the Lewises' remaining claim. They appealed to the Ohio Court of Appeals for Franklin County, Ohio. That Court upheld the trial court's grant of summary judgment and voluntary dismissal of the Lewises' other claims. The Lewises then appealed to the Ohio Supreme Court, which affirmed, determining that the Lewises' appeal was frivolous.
On June 30, 2005, the Lewises filed suit against the Huntington in this Court. The complaint essentially rehashed the dispute underlying their Common Pleas Court case. The same day, this Court summarily dismissed the complaint for lack of subject matter jurisdiction. See June 30, 2005 Order (Case No. 2:05-cv-00644) (Doc. No. 4).
On July 8, 2005, the Huntington brought suit against the Lewises in the Franklin County Court of Common Pleas seeking to have them declared vexatious litigators under Section 2323.52 of the Ohio Revised Code. The Lewises attempted to remove the action to this Court under the current case number on September 12, 2005. In this lawsuit, the Lewises filed a counterclaim against the Huntington, again alleging claims arising out of the dispute that gave rise to their claims that the Ohio courts had earlier dismissed as frivolous. This Court sua sponte remanded the case to the Court of Common Pleas for lack of jurisdiction.
On October 14, 2005, Mrs. Lewis filed a voluntary petition for bankruptcy in the United States Bankruptcy Court for the Southern District of Ohio. On February 22, 2006, she sought to remove two state court proceedings, including the Huntington's vexatious litigator action, to the bankruptcy court. Two adversary proceedings were opened in the bankruptcy court. However, on February 21, 2006, the Bankruptcy Court issued Mrs. Lewis an order of discharge. The bankruptcy case and all related adversary proceedings were dismissed. See Feb. 21, 2006 Discharge of Debtor (Case No. 2:05-bk-75111) (Doc. No. 54); Mar. 15, 2006 Orders Dismissing Adversary Proceedings (Case Nos. 2:06-ap-02214 and 2:06-ap-02217) (Doc. No. 7 on each docket). The Bankruptcy Court denied Mrs. Lewis's subsequent motions to reopen her bankruptcy case. See Apr. 13, 2006 Order Denying Application to Reopen Bankruptcy Case (Case No. 2:05-bk-75111) (Doc. No. 64); Apr. 24, 2006 Order Denying Motion to Vacate Dismissal of Adversary Proceeding (Case No. 2:06-ap-02217) (Doc. No. 10).
Defendants' earlier motion to reconsider the Court's September 14, 2005 Order remanding this case to the Common Pleas Court was denied on April 3, 2006. No new arguments are raised here. Defendants' refusal to accept the rulings of this Court, the Bankruptcy Court, the Common Pleas Court, the Ohio Court of Appeals, and the Supreme Court of Ohio are not a ground for judicial relief. Defendants' motions are frivolous. The Clerk of Court is DIRECTED to accept no future filings from defendants in this case.
George C. Smith, Judge United States District Court
© 1992-2006 VersusLaw ...