Case Summary:
Plaintiffs Gary and Barbara Cerny moved the Court to reconsider its motion granting Defendants’ motions to dismiss the case. The Court initially dismissed the case because the essence of the complaint was seeking a review of a state court foreclosure judgment, which barred this Court’s jurisdiction under the Rooker-Feldman doctrine. Further, the complaint otherwise failed to state a claim, and Defendant Judge Jeffrey Kuglitsch was immune from liability in his professional and personal capacities. In their motion to reconsider, the Plaintiffs failed to present any newly discovered evidence or allege any error in this Court’s decision. The Plaintiffs’ motion was simply a rehash of their complaint, and no extraordinary circumstances warranted reconsideration. This Court denied Plaintiffs’ motion.
Statute/Rule References:
Fed. R. Bankr. 9024 -- Relief from Judgment or Order
Fed. R. Civ. P. 60(b) -- Relief from a Judgment or Order
Key Terms:
Full Faith and Credit
Judicial Immunity
Jurisdiction
Reconsideration
Rooker-Feldman