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Sieverding v. American Bar Association

November 28, 2006

KAY SIEVERDING ET AL., PLAINTIFFS,
v.
AMERICAN BAR ASSOCIATION ET AL., DEFENDANTS.



The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge

Document No. 65

MEMORANDUM OPINION

DENYING THE PLAINTIFFS'MOTION FOR RELIEF FROM JUDGMENT

I. INTRODUCTION

The pro se plaintiffs, the Sieverding family, bring this independent action*fn1 to set aside two adverse judgments on the basis of fraud. The first judgment that the plaintiffs ask the court to set aside is a restraining order issued by the Routt County Court in Colorado against plaintiff Kay Sieverding. The second judgment is an order of the United States District Court for the District of Colorado sanctioning the plaintiffs under Federal Rule of Civil Procedure 11, dismissing their case with prejudice, and enjoining the plaintiffs from further litigation on issues relating to the same transaction or series of transactions without counsel. On July 17, 2006, this court dismissed the action against defendant American Bar Association ("ABA"), reasoning that the plaintiffs' claims were barred by res judicata. The court also dismissed the claims against defendant Routt County Court for failure to state a claim. Finally, the court dismissed the claims against Jane Bennett, Faegre & Benson LLP, Hall and Evans LLC, The World Company, McConnell Siderius Fleischner Houghtaling & Craigmile LLC, and White & Steele, P.C. (the "Personal Jurisdiction Defendants") because the plaintiffs failed to plead facts establishing personal jurisdiction over those defendants. This matter comes before the court on the plaintiffs' motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b).*fn2 Because the plaintiffs' motion essentially reiterates their previous arguments, the court declines to order relief from judgment.

II. BACKGROUND

A. Factual History

This case grows out of a heated property dispute between neighbors in Steamboat, Colorado. Am. Compl. at 7-8. In 1992, the Bennett family erected a fence around their property that claimed part of a road adjacent to the plaintiffs' home.*fn3 Id. The plaintiffs objected to what they perceived as zoning violations. Tensions between the families escalated, culminating ultimately in the issuance of a restraining order against Kay Sieverding. Am. Compl. at 7. The plaintiffs seek relief from the restraining order and judgments from related judicial proceedings. Id. at 7, 26.

B. Procedural History

The plaintiffs brought suits regarding the restraining order in at least two state courts and five federal courts. Def. ABA's Mot. to Dismiss at 3-5. In their suit in the United States District Court for the District of Colorado before Magistrate Judge Schlatter, the plaintiffs brought suit against all of the defendants in this case.*fn4 Sieverding et al. v. Colo. Bar Ass'n et al., 2003 WL 22400218 (D. Colo. Oct. 14, 2003) (unpublished opinion). After a painstakingly thorough review of the plaintiffs' "verbose, prolix, and impossible to understand" complaint,*fn5 Magistrate Judge Schlatter recommended that the court sanction the plaintiffs, dismiss the case with prejudice and enjoin the plaintiffs from further litigating issues based on the transactions or series of transactions underlying the case, unless represented by counsel. Id. at *1. Judge Nottingham of the district court adopted Magistrate Judge Schlatter's recommendations in full. Order, Civ. No. 02-1950 (D. Colo. Mar. 19, 2004) ("Order Accepting Magistrate Judge's Recommendation") at 3. The Tenth Circuit Court of Appeals affirmed the district court's decision. Sieverding et al. v. Colo. Bar Ass'n, 2005 WL 928748, at *1 (10th Cir. Apr. 22, 2005) (unpublished opinion). In response to the Tenth Circuit's ruling, the plaintiffs filed suits in numerous courts across the nation, in some cases filing multiple suits in the same court.

On June 27, 2005, the plaintiffs brought an independent action in this court to set aside the Routt County Court and district court of Colorado judgments on the basis of fraud. Am. Compl. at 6. The plaintiffs contend that the various defendants violated the law through "extortion, lying about the facts and laws, attempting to bring about wrongful incarceration, first amendment retaliation, abuse of process, and civil conspiracy under 42 U.S.C. § 1983." Id. The plaintiffs also seek an injunction against defendant The World Company from further publishing articles regarding the Sieverding-Bennett property dispute on the internet. Id. at 70.

The defendants filed three motions to dismiss. The court granted the defendants' motions to dismiss on July 17, 2006, and eleven days later, the plaintiffs filed a motion for relief from judgment. The court now turns to the plaintiffs' motion.

III. ANALYSIS

A. Legal Standard for Relief Under Federal Rule of Civil ...


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