United States District Court, S.D. Mississippi, Western Division
ORDER AND OPINION
BRAMLETTE UNITED STATES DISTRICT JUDGE
the Court is EF Properties, LLC's Motion to Dismiss
[Doc. 50] the Cross-claim filed by Beverly
and Robert Lang. For the reasons that follow, the motion will
dispute arises from Plaintiff Theresa Beasley's attempt
to collect a $383, 000 judgment rendered against Beverly and
Robert Lang in the Circuit Court of Lincoln County,
Mississippi in October 2012.
years after she obtained the still-unpaid judgment, Beasley
sued the Langs, their lawyer, Eduardo Flechas, and EF
Properties, a limited liability company managed by
Complaint, Beasley alleges that the Langs, with Flechas'
help, fraudulently transferred real property to impede
Beasley's efforts to collect on her judgment against the
Langs. As for relief, Beasley asks that the Court (1) declare
that all real property purportedly owned by the Langs or EF
Properties is actually the joint property of the Langs; (2)
declare that all non-exempt property owned by the Langs be
sold to pay the first liens of the property, and then to pay
Beasley's judgment lien; and (3) enter an order
transferring title of the Langs' non-exempt property to
Langs cross-claimed against EF Properties on August 30,
2017. See Doc. 45. In their Cross-claim, the
Langs allege that Flechas conned them into defrauding
creditors like Beasley by advising the Langs to convey their
real property to EF Properties. The Langs seek damages for
conspiracy to defraud and unjust enrichment, and they ask the
Court to impose a constructive trust and order an accounting
of EF Properties.
Properties moves the Court to dismiss the Langs'
Cross-claim under Federal Rule of Civil Procedure 12, or to
grant summary judgment in its favor under Federal Rule of
Civil Procedure 56. Because EF Properties' Motion does
not require the Court to look beyond the pleadings, and
involves only issues of justiciability and the applicability
of statutory written-demand provisions, the Court analyzes
the Motion under Federal Rule of Civil Procedure 12.
Rule 12 analysis, the Court accepts as true the well-pleaded
allegations of the Langs' Cross-claim, and views those
allegations in the light most favorable to the Langs.
Gines v. D.R. Horton, Inc., 599 F.3d 812, 816 (5th Cir.
Properties urges the Court to dismiss the Langs'
Cross-claim for lack of subject-matter jurisdiction. Article
III adversity is absent, EF Properties contends, because the
Langs own an interest in EF Properties. And because the
Langs' interests are not opposed to EF Properties'
interests, EF Properties continues, the Langs lack
jurisdiction of the federal courts is limited to cases and
controversies. U.S. Const. art. III, § 2, cl. 2. To
qualify as a case or controversy, a dispute must involve
parties with adverse legal interests, and a plaintiff with
standing to sue. Bauer v.Texas, 341 F.3d
352, 359 (5th Cir. 2003) (citing Aetna Life Ins. Co. v.
Haworth,300 U.S. 227 (1937)). A plaintiff has standing
if she shows (1) an injury-in-fact; (2) traceable to the