Jason Stanford d/b/a Rollin Smoke at the Attache v. Stephen Sather

Summary

The document contains proposed findings of fact and conclusions of law submitted by the United States Bankruptcy Court for the Northern District of Texas to the district court in an adversary proceeding arising from Jason Stanford’s bankruptcy case. It recommends granting the defendant’s Rule 12(b)(6) motion and dismissing with prejudice Stanford’s claim alleging fraud upon the court. The bankruptcy court concludes that no private right of action exists for fraud upon the court and that the pleadings also fail to allege sufficient specific facts connecting the defendant to misconduct in the underlying federal litigation.

Holdings

1. The plaintiff's asserted fraud-upon-the-court claim is not a cognizable private right of action.
2. Even if a fraud-upon-the-court claim were cognizable, the plaintiff failed to plead sufficient facts to state a plausible claim for relief.
3. Because the claim was non-core and the plaintiff did not consent to final judgment by the bankruptcy court, the bankruptcy court was required to submit proposed findings and conclusions to the district court for de novo review of timely objections.

Questions Presented

1. Whether the plaintiff's alleged fraud-upon-the-court claim states a cognizable private cause of action.
2. Whether, assuming such a cause of action exists, the plaintiff pleaded sufficient particularized and plausible facts to survive dismissal under Federal Rule of Civil Procedure 12(b)(6).
3. Whether the bankruptcy court should recommend dismissal with prejudice of the non-core claim under 28 U.S.C. § 157(c)(1).

Disposition

other