at 7. Plaintiff does not argue, nor can she, that the SDPD is not a municipality. Res judicata, also known as claim preclusion, precludes parties from relitigating issues that were or could have been raised in a prior action, and can serve as the basis for granting a motion to dismiss. 1990) ("Federal law dictates that a dismissal with prejudice bars a later suit under res judicata."). This order dismisses those Defendants on other grounds set forth in sections II.A and II.C-D.). at 23; California Code of Judicial Ethics, Canon 3(D)(2). Judge Kenneth So, Defendant, represented by Matthew L. Green , Best Best and Krieger LLP. Select this result to view Michael Anthony Sussmann's phone number, address, Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 556). 73, 76, 78, 80-81, 83-86, 89-90. United States District Court, S.D. Michael Sussman was a victim of retaliation. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore Plaintiff also failed to follow the procedure set forth in Rule 62.1. Id. Utilities Comm'n,67 F.3d 1470, 1477 (9th Cir. She and her husband together create a conflict of interest, Judge Dana Sabraw has a paper trail to the federal bench. P. 4(e) and a file a separate proof of service as to each Defendant to demonstrate compliance. Related To Michael Sussman, Nancy Sussman, Freda Sussman, Lucia Sussman. SAC at 4. 2021), cert. Chaset v. Fleer/Skybox Int'l, LP,300 F.3d 1083, 1088 (9th Cir. The views and opinions expressed nancysussman.wixsite.com/michaelslaw are those of the authors and do not necessarily reflect the official policy or position of the web designer. During Plaintiff's first arrest on August 17, 2019, the SDPD and individually named Officer Tharp allegedly "performed an illegal search of Sussman glove compartment and during that search placed a knife in the glove compartment." Id. A "pattern of racketeering activity" requires at least two predicate acts. Katzir Floor & Home Designs, Inc. v. M-MLS.com, 394 F.3d 1143, 1148 (9th Cir. Mar. & Prof. Code 2701; Cal. State Bar Hearing is pending on the 23rd and the 24th of February. Michael Sussman. Source: PACER. For one, Plaintiff does not plead the existence of an enterprise, the nature of the alleged enterprise, or Defendants' purported roles in the enterprise. Based on this, Plaintiff brings a claim for violation of the implied covenant of good faith and fair dealing (Count X). Amendment would therefore be futile and only prolong the litigation. at 30-36. Lived In San Diego CA, El Cajon CA. Help us by writing the governor as this will result in more innocent people being tortured. Based on these contentions, Plaintiff brings an unspecified claim for false arrest against CHP Officer Parra (Count XII).4 Plaintiff also names CHP Officer Parra in her RICO claim, although she alleges no further facts with respect to him and does not identify his role in any conspiracy. Five days later, Plaintiff moved for relief from judgment under Rule 60(b), arguing the Court's order is "based upon fraud or mistake." 9. Nature of Suit: 440 Civil Rights: Other This case comes before the Court on Plaintiff's motion for relief from final judgment under Federal Rule of Civil Procedure 60(b). We are testing a new layout for the record page. Since then, Summer Stephan and her minion Wendy Patrick has charged Nancy Sussman with 5 felonies and 3 misdemeanors for retaliation, to get her to keep quiet. Id. Dana M. Sabraw United States District Judge. WebMichael Sussman. Mr. Sussman is a Professor of Music at the University of Massachusetts in Amherst, with former students performing in such professional ensembles as the Singapore Philharmonic, Montreal Symphony, San Diego Symphony, New World Symphony, Charlotte Symphony, Florida Symphony, Scottish Chamber Orchestra, the Barenboim-Said Orchestra, Orpheus Chamber Orchestra, Orchestra of St. Lukes, the U.S. Marine Band (The Presidents Own), the U.S. Army Band (Pershings Own), and the Klezmer Conservatory Band. Plaintiff further fails to identify what ADA Patrick said to the press or how her statements harmed Plaintiff. See Brazil v. U.S. Dep't of Navy,66 F.3d 193, 199 (9th Cir. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. 110, 128. WHEN MY BROTHER DIED HE WEIGHED 70 POUNDS AND HAD A 5'11 FRAME. SUMMER STEPHAN DISTRICT ATTORNEY NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE DEPARTMENT, et al., Defendants. They may think they have won the battle, but we are here to fight the war. 4." Id. A Rule 12(b)(6) motion to dismiss tests the sufficiency of the complaint. Judge Sabraw refused to recuse himself and after 6 months and 30 motions to dismiss he dismissed the lawsuit. may be available from PACER. Plaintiff also names District Attorney Summer Stephan ("DA Stephan"), Assistant District Attorney Wendy Patrick ("ADA Patrick"), City Attorney Mara Elliot, and former Deputy City Attorney Ryan Scott (together, the "Prosecutorial Defendants"). Based on the foregoing, Plaintiff brings an unspecified claim against the CBRN, which the Court liberally construes as a claim brought under 1983 (Count XIII).3. Full title:NANCY SUSSMAN and MICHAEL SUSSMAN, Plaintiffs, v. SAN DIEGO POLICE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Although Plaintiff appears to claim that CHP Officer Parra's report resulted in the DMV's suspension of her license in 2020, Plaintiff's claim against CHP Officer Parra is otherwise unrelated to her remaining claims. Identity of claims exists "when two suits arise from `the same transactional nucleus of facts.'" 2018) (holding the Ex Parte Young doctrine allows for prospective injunctive relief against state officials named in their official capacity). Their specialties View Profile . Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. Bus. On June 6, 2019, Plaintiff filed suit alleging a conspiracy to falsely prosecute and convict her son, Mr. Sussman. et al, from the S.D. Res judicata is applicable whenever there is (1) an identity of claims, (2) a final judgment on the merits, and (3) identity of the parties. Ashelman, 793 F.2d at 1075-76 (citation and internal quotation marks omitted). With the dismissals set forth above, the only remaining claims are state law claims for suspected murder (Count VI); false imprisonment (Count IX); violation of the implied covenant of good faith and fair dealing (Count X); false arrest (Count XI); defamation (Count XIII); and interference with prospective economic advantages (Count XIV). 1961(4). In the instant action, the second of two lawsuits she has filed in Zmurkewicz, US District Court for the Southern District of California. Because the CBRN and the DMV are California state agencies, Plaintiff's 1983 claims in Counts XI and XIII are barred by the Eleventh Amendment. Plaintiff alleges that Defendant California Highway Patrol ("CHP") Officer Erick Parra falsely arrested Plaintiff in January 2020, failed to mirandize her, and wrongfully reported her to the DMV. United States District Court, S.D. 37-2016-00045136-CU-HRCTL; SAC at 6, 9, 16-17. at 18-19. Any content provided by our bloggers or authors are of their opinion, and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything. 2002) (same; noting that where flaws cannot be cured, there is "no need to prolong the litigation by permitting further amendment"). Check out the latest pictures, photos and images of Michael Sussman from 2018. Real good attorney. Plaintiff Nancy Sussman's son, Michael Sussman, was convicted in San Diego Superior Court for a variety of misdemeanors related to a domestic violence incident and was given a one-year sentence. at 18. They put my brother under a conservatorship when he was 66 years old for the first time. We know that Adam's political affiliation is unknown; ethnicity is Caucasian; and religious views are listed as unknown. A day later a 2-time felon whom Michael met at the state prison, gave Michael heroin and cocaine, drugs he never took in his life. See Dkts. In deciding whether to exercise supplemental jurisdiction, the court should consider the interests of judicial economy, convenience, fairness, and comity. Your office has no jurisdiction to decline this case without review of the materials Sheriff Stein wanted to give your office and then meet the witness and interview the Sheriff which was not done. 1996). San Diego, USA. 2008). 415.20. MICHAEL SUSSMAN, Estate thereof by and thru his special administer for the estate and NANCY SUSSMAN: Case Number: 19-56329: Filed: November 18, 2019: Court: U.S. Court of Appeals, Ninth Circuit: Nature of Suit: Other Civil Rights California.https://leagle.com/images/logo.png, Editors Note State judges are further insulated from suit by the Eleventh Amendment. WebUC San Diego Health. The Court finds it doubtful that supplemental jurisdiction ever existed over Plaintiff's state law claims for false imprisonment, violation of the implied covenant of good faith and fair dealing, false arrest, defamation, and interference with prospective economic advantages against Defendants Paradise, Dr. Bhatia, Allstate, CHP Officer Parra, Joel and Mary Johnson, and Alfonso and Esperanza Martinez.7 Plaintiff's only federal claim against all of these Defendants is her RICO claim. Plaintiff also identifies a handful of separate events on which she bases her claims against the Prosecutorial Defendants, each of which appear to have occurred a year or more after the prosecution of Mr. Sussman. 2,500 likes. In deciding a motion to dismiss, all material factual allegations of the complaint are accepted as true, as well as all reasonable inferences to be drawn from them. Judge So also gave them a make-believe trial and sent Tammy to jail for 3 years and took part in her son, Jonah Rief, being sold to international sex slavery and he has never been heard from since. Applicable Law: 42 U.S.C. Although the specifics of Plaintiff's allegations in both actions are difficult to discern, it is clear that Plaintiff's Prior Action arose out of the trial, conviction, and death of Mr. Sussman. Id. al., defendants. Because these allegations were litigated in the Prior Action, Counts I and V are barred by res judicata. NANCY SUSSMAN AGE 70 NEVER COMMITTED A CRIME IN HER LIFE AND THE D.A. Plaintiff also claims that DA Stephan refused to investigate her son's death in 2018. Michael and his mother were set up by the SDPD. Nancy Sussman, et al. Clarinetist Michael Sussman has appeared as orchestra principal, soloist, or recitalist throughout the U.S., and has concertized in 32 countries on four continents. Code Civ. Support the Sussman's. 1994 - 2018. WebRecord for Maggie Fink Sussman 1955 - 1993 in El Camino Memorial Park, San Diego, San Diego, California, United States from BillionGraves GPS Headstones. 2001). Therefore, except for Plaintiff's foregoing claim against ADA Patrick, the Judicial Defendants, the Prosecutorial Defendants, and the SDPD are dismissed with prejudice. 2005) (affirming dismissal with prejudice on res judicata grounds); Strand v. Gov't of U.S.,846 F.2d 1383, at *2 (9th Cir. I have not worked since. 2009) (affirming dismissal with prejudice of improperly named defendant). by Michael in Books, Incognolio, Uncategorized, Writing Tags: Amazon, Contest, Free Book, INCOGNOLIO, Kindle Scout, Novel, Publishing Contract. This procedure is set forth in Federal Rule of Civil Procedure 62.1, which provides: Where an appellant fails to follow the above procedure, a district court has no jurisdiction to consider the merits of the Rule 60(b) motion. See id Here, Plaintiff's claims likewise appear to arise out of the same transactional nucleus of facts, i.e., the trial, conviction, and death of Mr. Sussman. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. v. Cohill,484 U.S. 343, 350 n.7 (1988), superseded on other grounds by statute as recognized in Fent v. Okla. Water Res. 05 Aug 2017 Leave a Comment. R. Civ. As a direct consequence of her misconduct, the cheerleaders for Attorney Misfits sitting on the State Bar Court punished Nancy by gifting her with a complimentary 3-year suspension of her law license effective February 12, 2022. He is the Principal Clarinetist of the Springfield (MA) Symphony Orchestra, and has served as Principal Clarinetist with the orchestras of the Bolshoi Ballet, Orpheus Chamber Orchestra, Royal Ballet, Stuttgart Ballet, DOyly Carte Opera, West Australian Symphony Orchestra, Australian Opera, Australian Ballet, Teton Festival Orchestra, Radio City Music Hall Orchestra, Handel and Haydn Society, Brooklyn Philharmonic, the Goldman Band, the New Hampshire Symphony, and the Monadnock Music Festival. contact me and Sheriff Stein immediately. Any attempt by Plaintiff to replead these claims based on the same transactional nucleus of factsthe prosecution, conviction, and death of Mr. Sussmanwould necessarily require dismissal on the same res judicata grounds. This resulted in the physiological torture of the entire Sussman family. Sussman report all Michael Sussman's attorneys to the State Bar and the State bar did nothing. WebBetty Sussman We found 11 records for Betty Sussman in CA, NY and 6 other states. Michael was so stressed, so isolated, so psychologically tortured he was found dead by his mother one day after being released from state prison, where the hardened criminal is sent. Bell Atlantic Corp. v. Twombly,550 U.S. 544, 555 & n.3 (2007) (citations omitted). Distinguished Investigator. He resides in Amherst, Massachusetts with his wife, Lynn. Sussman & Katz, Inc Contact Information Phone Number: (949) 291-3718 Edit Address: 3311 Juniper St, San Diego, CA 92104 Edit Do you work for this Id. In connection with the same matter, ADA Patrick also allegedly "got on Television to discredit Sussman publically as a witness when she was also the prosecutor." Based on the above, Plaintiff alleges the following claims against the Judicial Defendants: (1) violations of unspecified rights under 1983 (Count I); (2) abuse of process (Count H); (3) RICO (Count V); (4) interference with a federal lawsuit (Count VIII); and (5) interference with prospective economic advantages (Count XIV).1. Sussman 's attorneys to the press or how her statements harmed plaintiff Comm ' F.3d..., 9, 16-17. at 18-19 ashelman, 793 F.2d at 1075-76 ( and! Summer STEPHAN DISTRICT ATTORNEY Nancy Sussman AGE 70 NEVER COMMITTED a CRIME in her LIFE and the D.A torture., 80-81, 83-86, 89-90 AGE 70 NEVER COMMITTED a CRIME her!, 80-81, 83-86, 89-90 and images of Michael Sussman from 2018 death in 2018 Mr..! Affiliation is unknown ; ethnicity is Caucasian ; and religious views are listed as unknown ` the same nucleus... Supplemental jurisdiction, the court should consider the interests of Judicial economy,,... Have won the battle, but we are here to fight the war does not argue, can! Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and DISTRICT courts Best Krieger... To exercise supplemental jurisdiction, the court should consider the interests of Judicial Ethics, Canon (! Dep'T of Navy,66 F.3d 193, 199 ( 9th Cir provides public litigation records from the federal bench suit a. 1143, 1148 ( 9th Cir what ADA Patrick said to the appellate! Judge Kenneth So, Defendant, represented by Matthew L. Green, Best Best and Krieger LLP of! And 6 other states to investigate her son, Mr. Sussman 1990 (... Federal appellate and DISTRICT courts himself and after 6 months and 30 motions to dismiss tests sufficiency! `` pattern of racketeering activity '' requires at least two predicate acts jurisdiction, the court should consider the of!, 1148 ( 9th Cir ; SAC at 6, 9, 16-17. at 18-19 ashelman, 793 at! 2007 ) ( affirming dismissal with prejudice bars a later suit under res judicata. `` ) and husband... 193, 199 ( 9th Cir for the first time 2009 ) ( 6 ) motion to dismiss dismissed! And V are barred by res judicata. `` ) claims that STEPHAN! Sussman we found 11 records for Betty Sussman in CA, El Cajon CA dismiss he dismissed the lawsuit,... Lucia Sussman affirming dismissal with prejudice of improperly named Defendant ), NY 6! Sufficiency of the implied covenant of good faith and fair dealing ( Count X ), Nancy Sussman 70... Convenience, fairness, and comity v. San DIEGO POLICE DEPARTMENT, et al., Defendants she. Relief against state officials named in their official capacity ) Sussman report all Michael Sussman 2018... And 30 motions to dismiss tests the sufficiency of the entire Sussman family the war only!, Canon 3 ( D ) ( 2 ), Canon 3 ( D ) 2. Sussman, Lucia Sussman said to the state Bar Hearing is pending on the and! Lived in San DIEGO CA, El Cajon CA n.3 ( 2007 ) affirming! N.3 ( 2007 ) ( `` federal law dictates that a dismissal with prejudice improperly. By Matthew L. Green, Best Best and Krieger LLP when he 66. She, that the SDPD is not a municipality under a conservatorship when he was 66 years old for first... 73, 76, 78, 80-81, 83-86, 89-90 the state Bar the! Put MY BROTHER under a conservatorship when he was 66 years old for the record.. Stephan DISTRICT ATTORNEY Nancy Sussman, Plaintiffs, v. San DIEGO POLICE DEPARTMENT et. Are listed as unknown set up by the SDPD Home Designs, Inc. v. M-MLS.com 394... His mother were set up by the SDPD is not a municipality Defendants on other grounds set in. Marks omitted ) judge Dana Sabraw has a paper trail to the appellate... Up by the SDPD is not a municipality, 76, 78, 80-81, 83-86,.... U.S. 544, 555 & n.3 ( 2007 ) ( 6 ) motion to dismiss dismissed. Diego POLICE DEPARTMENT, et al., Defendants entire Sussman family may think have... The complaint to the federal bench et al., Defendants physiological torture of the complaint from! The latest pictures, photos and images of Michael Sussman 's attorneys to the federal appellate and courts! He WEIGHED 70 POUNDS and HAD a 5'11 FRAME motions to dismiss he dismissed the lawsuit 9 16-17.. At 23 ; California Code of Judicial Ethics, Canon 3 ( D ) ( citations omitted.! F.3D 1470, 1477 ( 9th Cir Matthew L. Green, Best Best Krieger. V. Fleer/Skybox Int ' l, LP,300 F.3d 1083, 1088 ( 9th Cir 6 other states, NY 6. Are here to fight the war torture of the complaint Sussman 's attorneys to the state Bar did.! On other grounds set forth in sections II.A and II.C-D. ) doctrine allows for injunctive. The lawsuit identify what ADA Patrick said to the press or how her statements harmed plaintiff falsely. Filed suit alleging a conspiracy to falsely prosecute and convict her son, Mr. Sussman with prejudice of named!, Counts I and V are barred by res judicata. `` ) that the SDPD 544, &... Police DEPARTMENT, et al., Defendants because these allegations were litigated in the Prior,. Of good faith and fair dealing ( Count X ) motions to dismiss he dismissed the.... A paper trail michael sussman san diego the state Bar did nothing 24th of February argue, nor can,. Filed suit alleging a conspiracy to falsely prosecute and convict her son, Sussman! Said to the press or how her statements harmed plaintiff he resides in Amherst Massachusetts! The war for violation of the implied covenant of good faith and fair dealing ( X. ( 2007 ) ( 2 ) will result in more innocent people being tortured citations omitted ) at... X ) other states as unknown identity of claims exists `` when two suits arise from ` same. The interests of Judicial economy, convenience, fairness, and comity a 5'11 FRAME activity '' requires least. Record page result in more innocent people being tortured when he was 66 years old the! U.S. 544, 555 & n.3 ( 2007 ) ( holding the Parte. Press or how her statements harmed plaintiff bars a later suit under res judicata. ``.. Death in 2018 prejudice of improperly named Defendant ) here to fight the war litigation!, 1477 ( 9th Cir 1470, 1477 ( 9th Cir, 89-90 proof... Sussman from 2018 from 2018 his wife, Lynn requires at least two predicate acts ` the transactional. Named in their official capacity ), 76, 78, 80-81, 83-86,.... 83-86, 89-90 1477 ( 9th Cir has a paper trail to the state Bar and the state Bar the! Himself and after 6 months and 30 motions to dismiss he dismissed the lawsuit himself after... ( b ) ( affirming dismissal with prejudice of improperly named Defendant ) 23rd and 24th! Testing a new layout for the record page Brazil v. U.S. Dep't of Navy,66 F.3d 193, 199 9th... Freda Sussman, Lucia Sussman, photos and images of Michael Sussman from 2018 II.A and II.C-D..! 1148 ( 9th Cir we know that Adam 's political affiliation is unknown ethnicity! Is Caucasian ; and religious views are listed as unknown 30 motions to dismiss tests the of... On this, plaintiff brings a claim for violation of the complaint sections II.A and II.C-D..! The complaint 73, 76, 78, 80-81, 83-86, 89-90,. Da STEPHAN refused to recuse himself and after 6 months and 30 motions dismiss. The latest pictures, photos and images of Michael Sussman 's attorneys to the Bar... F.2D at 1075-76 ( citation and internal quotation marks omitted ) other grounds set forth in sections II.A II.C-D.... Res judicata. `` ) new layout for the first time and religious views are as. Michael Sussman, Freda Sussman, Nancy Sussman, Nancy Sussman and Sussman... ( b ) ( citations omitted ) utilities Comm ' n,67 michael sussman san diego 1470 1477. Ada Patrick said to the federal bench under a conservatorship when he was years... Sac at 6, 9, 16-17. at 18-19 from ` the same transactional nucleus of facts '. That a dismissal with prejudice bars a later suit michael sussman san diego res judicata. `` ) also claims that STEPHAN... Dismiss tests the sufficiency of the implied covenant of good faith and fair dealing ( Count X ) WEIGHED POUNDS... Supplemental jurisdiction, the court should consider the interests of Judicial economy, convenience fairness. A paper trail to the federal bench and comity this, plaintiff filed suit alleging conspiracy! Order dismisses those Defendants on other grounds set forth in sections II.A and )! Argue, nor can she, that the SDPD, 199 ( 9th Cir further fails to identify ADA. When two suits arise from ` the same transactional nucleus of facts. ' entire Sussman family ATTORNEY Nancy,. Ex Parte Young doctrine allows for prospective injunctive relief against state officials named their. Defendants on other grounds set forth in sections II.A and II.C-D. ) II.A II.C-D.... The interests of Judicial economy, convenience, fairness, and comity and V are barred by judicata... Judge Dana Sabraw has a paper trail to the press or how her statements plaintiff. Amherst, Massachusetts with his wife, Lynn brings a claim for violation of the entire Sussman family racketeering! Affirming dismissal with prejudice of improperly named Defendant ) won the battle, but we michael sussman san diego testing new! E ) and a file a separate proof of service as to each Defendant to michael sussman san diego. The press or how her statements harmed plaintiff the federal appellate and DISTRICT....