Suleman v. Darden Restaurants Inc.

United States District Court for the Southern District of Florida

Suleman v. Darden Restaurants Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No.: 22-cv-24031-GAYLES

NISSIM SULEMAN,

Plaintiff, v.

DARDEN RESTAURANT INC. SELF INSURANCE FOR YARD HOUSE USA INC., a Delaware Corporation, DBA YARD HOUSE

Defendant, ____________________________________/

ORDER DISMISSING CASE

THIS CAUSE comes before the Court on a sua sponte review of the record. Plaintiff, Nissim Suleman, appearing pro se, filed this action on December 13, 2022. [ECF No. 1]. In his Complaint, Plaintiff alleges that he is suing “Defendant Darden Restaurant Inc. Self Insurance and Subsidiaries for Yard House USA Inc. d/b/a Yard House” (“Defendant”) for fraud. Attached to the Complaint are over three hundred pages from the docket in Nissim Suleman v. Yard House USA, Inc. d/b/a Yard House, Case No. 201803246 CA 01, a civil action pending in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida (the “State Court Case”). Shortly after Plaintiff filed the instant Complaint, this Court entered an Order directing Plaintiff to file a pleading establishing the basis for federal subject matter jurisdiction over his claims. [ECF No. 4]. In response, Plaintiff filed several documents which indicate that Plaintiff is asking this Court to review the State Court Case. See [ECF No. 5, 6, 7, 8, 9, 10]. However, this Court does not have jurisdiction to review ongoing state court proceedings. Moreover, in the event a final judgment has been entered in the State Court Case, Plaintiff’s claims would be barred by the Rooker-Feldman doctrine. “The Rooker–Feldman doctrine makes clear that federal district courts or, as a last resort, the United States Supreme Court.” Casale v. Tillman,

558 F.3d 1258, 1260

(11th Cir. 2009) (per curiam). The doctrine applies “both to federal claims raised in the state court and to those ‘inextricably intertwined’ with the state court's judgment.” /d. (citation omitted). Based thereon, it is ORDERED AND ADJUDGED that this action is DISMISSED without prejudice and CLOSED for administrative purposes. All pending motions are DENIED as MOOT. DONE AND ORDERED in Chambers at Miami, Florida, this 5th day of January, 2023.

Of al de . UNITED STATES DIST JUDGE

Reference

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