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Breck v. Doyle

United States District Court, D. Nevada

September 26, 2014

WILLIAM BRECK, an Individual, pro se, Plaintiff,
v.
ROGER DOYLE, et al., Defendants.

ORDER

MIRANDA M. DU, District Judge.

I. SUMMARY

This action is brought by pro se Plaintiff William Breck against Defendants in connection with a State Bar of Nevada disciplinary investigation and proceeding regarding Plaintiff and his law firm, The Public Interest Law Firm, Inc. ("TPI"). (Dkt. no. 14.) Plaintiff's sprawling First Amended Complaint ("FAC") asserts claims against sixteen (16) named individual Defendants, the State Bar of Nevada, the State of Nevada ex rel. the Supreme Court of Nevada and up to one hundred (100) unnamed doe defendants. ( Id. )

Before the Court are six (6) different motions to dismiss (dkt. nos. 21, 24, 26, 29, 31, 44), two (2) motions for costs (dkt. nos. 32, 94), a motion to strike (dkt. no. 65) and a motion for extension of time (dkt. no. 104). For the reasons set out below, this matter is stayed on Younger abstention grounds and the Complaint is dismissed for failure to comply with Fed.R.Civ.P. 8(a).

II. BACKGROUND

Plaintiff filed the FAC on August 22, 2013. (Dkt. no. 14.) It names the following Defendants: (1) Roger Doyle; (2) Janeen Isaacson; (3) David Clark; (4) Patrick King; (5) Glenn Machado; (6) J. Thomas Susich; (7) Laura Peters; (8) Kimberly Farmer; (9) Kathleen Breckenridge; (10) Caren Jenkins; (11) Mikyla Miller; (12) Monica Caffaratti; (13) Don Beury; (14) Yvette Chevalier; (15) Bryan Hunt; (16) Carol Hummel; (17) State Bar of Nevada; and (18) State of Nevada ex rel. Supreme Court of Nevada.

The Northern Nevada Disciplinary Panel ("Panel") found that Plaintiff violated Nevada Rules of Professional Conduct and recommended that he be barred from the practice of law in Nevada. (Dkt. no. 19 at 2-3; dkt. no. 14, Exh. AM.) The thrust of the FAC and Plaintiff's action is that the State Bar of Nevada, its attorneys, the adjudicator of the Panel and others involved with Plaintiff's disciplinary proceeding allegedly manipulated the disciplinary process to injure Plaintiff because his firm, TPI, worked with homeowners to contest foreclosures.

The FAC asserts the following claims all relating to Plaintiff's attorney disciplinary proceeding: (1) declaratory relief and injunction; (2) negligence; (3) violation of Nevada open meeting laws; (4) abuse of process; (5) interference with business relations; and (6) violation of constitutional rights pursuant to 42 U.S.C. ยง 1983 and conspiracy to violate said rights. (Dkt. no. 14 at 120-131.)

The following motions are currently pending before the Court:

1. Defendant Roger Doyle's Motion to Dismiss. (Dkt. no. 21.) Plaintiff filed an opposition (dkt. no. 35) and Doyle replied (dkt. no. 43).
2. Defendant Monica Caffaratti's Motion to Dismiss. (Dkt. no. 24.) Plaintiff filed an opposition (dkt. no. 40) and Caffaratti replied (dkt. no. 55).
3. Defendant State of Nevada's Motion to Dismiss. (Dkt. no. 26.) Plaintiff filed an opposition (dkt. no. 41) and State of Nevada replied (dkt. no. 60).
4. Defendants Kathleen Breckenridge, David Clark, Kimberly Farmer, Carol Hummel, Janeen Isaacson, Caren Jenkins, Patrick King, Glenn Machado, J. Thomas Susich and State Bar of Nevada's Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(1) ("Defendants' MTD"). (Dkt. no. 29.) Defendants Doyle, Miller, Hunt and Beary all join this motion. (Dkt. nos. 42, 45, 51, 93.) Plaintiff filed an opposition (dkt. no. 47) and Defendants replied (dkt. no. 61).
5. Defendant Yvette Chevalier's Motion to Dismiss. (Dkt. no. 31.) Plaintiff filed an opposition and corrected opposition to this motion (dkt. nos. 48, ...

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