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HOFFMAN v. ROBERTO

Nos. K84-559, K85-101.

85 B.R. 417 (1988)

Raymond K. HOFFMAN, Plaintiff, v. Elizabeth ROBERTO, Walter L. Wittenberg, Durwood Young, Lawrence Parrott, Kevin Cash, William A. Nolan, Michael L. Fayette, Nancy Loomis, Lonnie Wilson, Richard Nelson, James Curcio, Jackie Presser, and International Brotherhood of Teamsters, Warehousemen, Chauffeurs and Helpers of America, Individually, Jointly and Severally, Defendants. Raymond K. HOFFMAN, Plaintiff, v. Elizabeth ROBERTO, Walter L. Wittenberg, Durwood Young, Lawrence Parrott, Kevin Cash, William A. Nolan, Michael L. Fayette, Nancy Loomis, Lonnie Wilson, Richard Nelson, James Curcio, Jackie Presser, and # 44 International Brotherhood of Teamsters, Warehousemen, Chauffeurs and Helpers of America, Individually, Jointly and Severally, Defendants.

United States District Court, W.D. Michigan, S.D.

March 24, 1988.

Attorney(s) appearing for the Case

Gruel, Mills, Nims & Pylman by J. Clarke Nims, Grand Rapids, Mich., for plaintiff.

Climaco, Climaco, Seminatore & Lefkowitz, Co., L.P.A. by John Climaco, Dennis Wilcox, John Webster, Cleveland, Ohio, Goldberg, Previant, Uelmen, Gratz, Miller & Brueggeman, by Frederick Perillo, Milwaukee, Wis., Pinsky, Smith & Soet by H. David Soet, Grand Rapids, Mich., for defendants Presser and Teamsters.

Warner, Norcross & Judd by John Tully, Robert Skilton, Grand Rapids, Mich., for defendants Roberto, Wittenberg, Young, Parrott, Cash, Fayette, Loomis, Wilson, Nelson and Curcio.

Wheeler, Upham, Bryant & Uhl by Gary A. Maximiuk, Grand Rapids, Mich., for defendant Nolan.

OPINION

ENSLEN, District Judge.

This case is before the Court on defendant Jackie Presser's Motion to Dismiss for Lack of Subject Matter Jurisdiction. Jurisdiction in this matter is based upon 28 U.S.C. § 1334(b) which provides that "the district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to causes under title 11." Presser argues that, because this case involves...

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