United States District Court, E.D. North Carolina, Eastern Division
W. FLANAGAN UNITED STATES DISTRICT JUDGE
matter is before the court on motion (DE 10) by defendant
Gust Rosenfeld PLC (“Gust Rosenfeld”) to dismiss
all claims against it for lack of jurisdiction and for
improper venue, or, in the alternative to transfer venue to
the United States District Court for the District of Arizona.
Plaintiff has responded in opposition, and in this posture
the issues raised are ripe for ruling. For the following
reasons, the motion is granted and the case is transferred to
the District of Arizona.
commenced this action pro se by complaint filed in this court
on May 29, 2019, asserting claims against an Arizona attorney
and his law firm, who allegedly represented plaintiff in
connection with state court proceedings for sale of property
in Arizona of plaintiff's deceased mother, for whom
plaintiff allegedly served as executor in 2011 based upon a
California will. Plaintiff proceeds on the basis of diversity
of jurisdiction, asserting claims suggesting deception and
malpractice on the part of defendants. Plaintiff seeks
compensatory damages in the amount of $10, 000, 000.00.
24, 2019, defendant Gust Rosenfeld filed the instant motion
to dismiss plaintiff's claims against it,  under Federal
Rule of Civil Procedure 12(b), on the basis of lack of
personal jurisdiction and improper venue. In the alternative,
defendant Gust Rosenfeld seeks an order transferring the case
to the United States District Court for the District of
Arizona under 28 U.S.C. § 1404(a). In support of its
motion, defendant Gust Rosenfeld relies upon a declaration of
its general counsel, Charles W. Wirken
responsed in opposition to the motion, relying upon exhibits
including: 1) Arizona property records; 2) correspondence
between plaintiff, her husband, and attorneys in Arizona and
Californa; 3) filings in Arizona state court; 4) information
about the Arizona State Bar; and 5) a portion of a last will
and testament of Susana S. Sabado, resident of Santa Clara
filed a motion for summary judgment on July 31, 2019, which
is not yet ripe for ruling.
facts alleged in the complaint may be summarized as follows.
Plaintiff is a resident of New Bern, North Carolina.
Defendant Gust Rosenfeld is a law firm in Phoenix, Arizona.
Defendant Whitney was an attorney of Gust Rosenfeld in
Arizona. Plaintiff's allegations comprise the following
An Arizona Legal firm of some sixty attorneys lied to and
deceived me into signing documents to sell property I owned.
They claimed to by ‘my attorneys' and knew what
needed to be done. They were really working for other
attorneys against me, my interests and my mother's
estate. The documents were illegal per the Arizona Court!
(Compl. p. 4).
My California mother died leaving property in Arizona. I am
Executor of her Will. Two CA lawyers attempted to sell it,
illegally. They put Whitney / Rosenfeld onto me. They told me
they were my attorneys, I needed to sign papers as Executor
to complete a sale. The ‘sale' went through. I
complained to Whitney / Rosenfeld about issues as Executor.
Turned out Whitney / Rosenfeld were working for the CA
lawyers, NOT for me. Summed up by Maricopa County Court -
‘ it is obvious that the intformal probate was
established for the sole purpose of completing the sale of
property, and absolutely beyond the powers authorized by
Arizona law and the powers issued by this Court.' -
Minute Entry 11/08/2011 Case PB 2011-001579 I was not the
Executor! I was duped!
I am certain that what Whitney/Rosenfeld PLC did blow all of
the tenets of the American Legal System out of the water. I
am certain the actions of Whitney/Rosenfeld PLC regarding a
California Will, a Will's Executory, deceiving a North
Carolina woman into signing illegal documents, and walking
away. I can go on and on and on emails from Whitney /
Rosenfeld and subsequent words from the court prove that
Whitney/Rosenfeld did absolutely nothing that JQ Public has
been led to believe that the American Legal ...