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Kabbaj v. American School of Tangier

United States District Court, D. Delaware

January 5, 2015



MARY PAT THYNGE, Chief Magistrate Judge.

This memorandum addresses the various requests and motions filed by Younes Kabbaj ("Kabbaj").[1]


Kabbaj, a former employee of the American School of Tangier ("AST"), filed numerous lawsuits alleging employment discrimination, violations of a state whistleblowers' protection act, negligence, intentional infliction of emotional distress, intentional interference with a contractual relationship, abuse of process, conversion, breach of contract, tortious interference, and defamation.[3]

In his first action, C. A. No. 10-431-RGA, the parties entered into a confidential settlement agreement, followed by a joint motion to dismiss with prejudice and consent order, granted by the court on April 24, 2012.[4] These matters were heard by me after the parties consented to my jurisdiction for all matters related to settlement and to rule on the joint motion to dismiss with prejudice and consent order.[5] ( Id. at D.I. 53). The dismissal order provided that the court would retain jurisdiction of the matter following dismissal for the purpose of enforcing the parties' written settlement agreement and to resolve disputes regarding that settlement agreement. The dismissal order further restrained and prohibited Kabbaj from having any contact with numerous persons and entities (reference as the "Releasees") involved in C. A. No. 10-431-RGA.[6] Finally, the dismissal order provided that, unless prior written permission is obtained from this court, defendants may not bring a civil action against Kabbaj, and he may not institute a civil action against any of the releasees of the settlement agreement with respect to any matter not released by the parties' settlement agreement, including but not limited to, any claim that any party breached this agreement.[7]

On October 18, 2012, Kabbaj filed a motion for leave to file a lawsuit against a releasee, Mark S. Simpson ("Simpson"). The motion was filed under the present civil action number. As evidenced from the contents of the motion and the exhibits attached, the motion was a request to file another action, which appeared related to this matter, but was limited to only one of the defendants originally sued.

According to the exhibits attached to the motion, Kabbaj attempted to initially file his proposed action for alleged unlawful and defamatory conduct and tortuous interference with a contract against Simpson in the Southern District of New York. In accordance with the Order of The Honorable Loretta A. Preska, dated October 12, 2012, the matter known as Kabbaj v. Simpson, C.A. No. 12-7397 (LAP) was transferred to the District of Delaware and assigned a separate civil action number in this court of 12-1322-RGA. In her Order, Judge Preska relied upon the April 24, 2012 order of this court, enjoining Kabbaj from instituting any action against any releasee absent prior permission from this court. Thereafter, Kabbaj initiated other actions, as noted herein, against Simpson, AST (a releasee), Brian Albro ("Albro", a possible releasee), Yahoo, Inc., Amazon, Inc., Google, Inc., various unidentified "John Does" and others.


A. Request to Engage in Mediation and/or File Lawsuit

On January 2, 2014, Kabbaj filed a request for this court to modify certain terms of the settlement agreement of March 12, 2012 and consent order issued April 24, 2012 in this matter to allow him to sue AST and Simpson and "be released from the majority of the provisions of the AST settlement agreement in order to be able to pursue Mark Simpson for Breach of Contract" in a jurisdiction where personal jurisdiction exists.[8] Absent the mention of mediation in the caption, no other reference to mediation is contained in the request. No proposed complaint was attached to the request for the court to review to determine the adequacy of the pleading and proposed action. When Kabbaj filed his previous motion in this matter for permission to sue Simpson for alleged violations of the settlement agreement, [9] a proposed complaint was attached as an exhibit on which Kabbaj relied.[10] Based on certain representations and his proposed complaint, his motion for leave to file an action against Simpson was granted. He was specifically directed to determine the appropriate court where personal jurisdiction and effective service of process over Simpson could be accomplished. Despite the court's direction, Kabbaj proceeded with the action in this court under C.A. No. 12-1322-RGA. The matter was subsequently dismissed for lack of personal jurisdiction, which was affirmed on appeal.[11]

Because his request failed to provide a proposed complaint to enable the court to evaluate his pleading, and provide notice of the claims to be asserted against the proposed defendants, Kabbaj's request (D.I. 65) is DENIED.

B. Motion to Set Deadline/Motions to File A Complaint

On February 11, 2014, Kabbaj filed a motion to set a deadline for Simpson and AST to respond to his previous motion.[12] Attached to this motion were additional publications allegedly posted by Simpson and Albro, claimed by Kabbaj to be Simpson's husband. Kabbaj contends his attempts to file an action in another jurisdiction is being thwarted by the proposed defendants' alleged refusal to respond. Plaintiff also requests a telephonic conference with all parties "to determine the best way... to transfer" the proceedings of C.A. No 13-1522-RGA, and help him craft an amended complaint in that case before transferring the entire matter to another jurisdiction.[13] No proposed complaint was attached to the motion.

Subsequent to this motion, the Honorable Richard G. Andrews issued a memorandum opinion on April 7, 2014 in C.A. No. 13-1522-RGA addressing various motions, including Kabbaj's motion to add Albro, his motion to add AST as a defendant and his motion to file a second amended complaint to add both Albro and AST.[14] Those motions were denied.[15] Kabbaj has since filed an appeal to that decision. As a result, Kabbaj's ...

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