United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
the Court is Defendants’ Motion to Dismiss (ECF No.
Petition for Removal in this action was filed December 20,
2018. ECF No. 1. The instant Motion to Dismiss was filed on
February 6, 2019. ECF No. 19. A hearing on the motion was
vacated on August 1, 2019 and the Court took the instant
motion, as well as others, under submission. ECF No. 134.
Steven Mark Hayden filed his complaint in the Eight Judicial
District court of Clark County, Nevada on November 7, 2018.
Ex. at 5, ECF No. 1-1. Plaintiff’s complaint listed
five causes of action, including abuse of process,
intentional interference in contractual business relations,
assault, unjust enrichment, and civil conspiracy. ECF No. 1-1
at 8-11. The Defendants named in the action were the
Commercial Litigation Docket (CLD) (an unincorporated
association), Bishop Colvin Johnson and Kent LLC, Western
Steel Inc. (an Alabama corporation), Maynard, Cooper, and
Gale P.C., William B. Cashion, Fred Campbell, James P.
Naftel, John D. Bethay III, Gerald D. Colvin, James L Goyer
III, Starr T. Drum, Mike E. Hale, Dianna Hale, Raymond
Rogers, Jacqueline Rodgers, Amanda Roy, Joyce White Vance,
Patrick E. Kennedy, and Edward Adams. Id. at 1-3.
Plaintiff also filed suit against Anne Marie Adams, J. Scott
Vowell, Roy Moore, James Allen Main, Alisa Kelli Wise,
Gregory Shaw, Lyn Stuart, Thomas Francis Parker, Michael F.
Bolin, Tommy Bryan, Julia Weller, Sandra Hall Turner, Robert
S. Vance, Houston L. Brown, Jane B. Graffeo, Dottie Parker
(“Alabama Judicial Defendants”). Id.
After several Voluntary Dismissals, Defendants James P.
Naftel, John D. Bethay III, Joyce White Vance, Bishop Colvin
Johnson and Kent LLC, Fred Campbell, and Gerald D. Colvin,
the United States of America, Maynard, Cooper, and Gale P.C.,
and several Alabama Judicial Defendants were dismissed from
alleged in his state court complaint that Defendants were
involved in a scheme in which the CLD would assign cases to
Defendants who would agree to take bribes either directly or
through their spouses, that Defendants retaliated against
Plaintiff for attempting to “shut down” the CLD,
by “seizing” his wife, conspiring to control the
assets of the Nevada Trust, of which Plaintiff was a trustee,
and conspiring to seize Plaintiff’s Medicare income
from Nevada without filing garnishment or collection
procedures as required by law. ECF No. 1-1 at 3-4.
United States of America petitioned to remove the case from
the Eighth Judicial District Court to this Court on December
20, 2018 on the grounds that the state court complaint named
an employee of the U.S. Attorney’s Office. ECF No. 1 at
2. The remaining Alabama Judicial Defendants filed the
instant Motion to Dismiss on February 6, 2019. ECF No. 19.
They are Julia Weller, Anne Marie Adams, and Sandra Hall
Turner. They move to dismiss Plaintiff’s claims against
them for lack of personal jurisdiction and absolute immunity.
plaintiff bears the burden of establishing personal
jurisdiction. Tuazon v. R.J. Reynolds Tobacco
Co., 433 F.3d 1163, 1168 (9th Cir. 2006). When, as here,
the Court resolves the motion to dismiss based only on
written submissions, a plaintiff must make a prima facie
showing of facts that would support personal jurisdiction.
Id. That is, Plaintiffs “need only demonstrate
facts that if true would support jurisdiction.”
Ballard v. Savage, 65 F.3d 1495, 1498 (9th
establish that personal jurisdiction over a defendant is
proper, a plaintiff must show (1) that the forum
state’s long-arm statute confers personal jurisdiction
and (2) that the exercise of jurisdiction comports with the
constitutional principles of due process. Rio Properties,
Inc. v. Rio Int’l Interlink, 284 F.3d 1007, 1019
(9th Cir.2002). Because Nev. Rev. Stat. section 14.65 permits
Nevada courts to exercise jurisdiction to the same extent as
the Constitution, this Court need only consider the
constitutional principles of due process. Walden v.
Fiore, 134 S.Ct. 1115, 1121 (2014).