Motion for sanctions?

[hermano]

I am currently embroiled in a federal lawsuit in Louisiana (due to financial issues, now forced to represent myself pro se) that a sociopathic (I'm not being dramatic -- I truly believe he suffers from Antisocial Personality Disorder) ex-brother in law (an attorney) filed claiming extortion, intentional infliction of emotional distress, defamation, etc., which I strongly suspect will end soon in my favor in Summary Judgment. Most of his claims have already been disallowed, and although the judge has expressed skepticism, is allowing a few claims to proceed on a prima facie basis. I can handle this. There is nothing there.

HOWEVER, I have just learned through a relatively nice process server, that this cretin of an ex-brother in law is about to serve me with a 74-page complaint in my local court (California). I am pretty sure that he will rehash all the same material that is ongoing in the federal case, plus some other stuff that he's come up with. He is clearly pursuing malicious prosecution with an intent to bankrupt me.

While I imagine that I can deal with the California Court under the doctrine of prior suit pending, I would be appreciative of being pointed to anything that I could bring up with the Federal judge as far as filing the same claims in multiple courts concurrently. Is there any statute or policy prohibiting or discouraging this? I am finding very little that's helpful under jurisdictional preclusion discussions.

 

[jharris352]

Unfortunately for you federal and state are two jurisdictions. There MAY be some res judicata weight if you show the state court that he already lost on the federal level. The state may also punish him if it deems the state suit as frivolous. But, it is also entirely possible that he will be able to proceed as they are two different sovereignties.

In criminal law you can be charged by the state AND by the feds for the same crime without breaking double jeopardy standards. Hardly seems fair but it is the way it works.

 

[hermano]

I suspect that it's hard to claim res judicata when both lawsuits are still in process, although there have been some preliminary rulings against him.

I did receive the California County complaint and it's pretty much cut-and-paste from the federal suit.

It seems, though, like a federal judge OUGHT to frown on filing local complaints before her own case is over, and this would be clear indication of the plaintiff's attempts to frivolously extend the litigation and harass a defendant (Rule 12b sanction?) Most of the claimed actions actually happened in Mexico, and I'm not sure the County court will even accept jurisdiction over these claims. Who knows?

 

[jharris352]

Rule 12b would not apply to filing a suit in another jurisdiction. In the res judicata statement I was referring to claims that were already dismissed.

 

[hermano]

I understand. However, the remaining claims before the Federal Court are relatively implausible. (e.g. intentional infliction of emotional distress caused to plaintiff by a private e-mail sent to plaintiff's FATHER, which has already been ruled by the Court as not rising to the level of causing emotional distress.) So the 12b issues would relate only to the claims before the Court. But could the additional and identical later State lawsuit be used merely as evidence of plaintiff's motives of harassment?