Aldridge v. United States

67 Fed. Cl. 113, 2005 U.S. Claims LEXIS 221, 2005 WL 1804320
CourtUnited States Court of Federal Claims
DecidedJuly 29, 2005
DocketNo. 04-1236C
StatusPublished
Cited by17 cases

This text of 67 Fed. Cl. 113 (Aldridge v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aldridge v. United States, 67 Fed. Cl. 113, 2005 U.S. Claims LEXIS 221, 2005 WL 1804320 (uscfc 2005).

Opinion

MEMORANDUM OPINION AND ORDER

BRADEN, Judge.

RELEVANT FACTS AND PROCEDURAL BACKGROUND1

A. The United States Department Of Veterans Affairs Claim.

The Complaint alleges that Plaintiff is the sole owner of property located at 135 Granada Street, Fernley, Nevada (“the Property”). See Compl. Ex. 2 (March 28, 2004 Claim Letter from Plaintiff to United States Department of Veterans Affairs) at 3. On July 31, 2003, an independent contractor for the United States Department of Veterans Affairs (hereinafter “VA”) filed an eviction action in Nevada Small Claims Court to remove Plaintiff from the Property. See Compl. Ex. 1 (June 8, 2004 Reply from VA to Plaintiff) at 1; see also Compl. Ex. 2 at 1, 4.2 [115]*115Subsequently, Plaintiff filed numerous lawsuits as a result of this eviction.

On March 28, 2004, Plaintiff filed a personal injury claim with the VA (hereinafter ‘VA claim”) asserting that actions by Gregory Wilde (hereinafter “Wilde”), an attorney working as an independent contractor for the VA, constituted: 1) fraud by a federal employee for initiating suit in a court without jurisdiction to determine title; 2) identity theft by a federal employee for using Plaintiffs personal information in a fraudulent suit; and 3) slander of Plaintiffs name and slander and “clouding title” to the Property. See Compl. Ex. 2 at 1-6. Plaintiffs VA claim requested $10 million in damages for each of the allegations or $30 million for all claims. Id. at 5.

On June 8, 2004, the VA informed Plaintiff that the United States is not responsible for the negligent or wrongful acts of an independent contractor. See Compl. Ex. 1 at 1. Accordingly, the VA rejected Plaintiffs claim, but suggested that he consider two other options: 1) file a request for reconsideration with the VA; or 2) file suit in a federal district court under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., naming the United States as the defendant. Id. at 1-2.

B. Related Actions Filed In State And Federal Courts In The State Of Nevada.

On January 31,2002, Plaintiff filed a Bankruptcy Petition with the United States Bankruptcy Court for the District of Nevada seeking relief from payment on the Property (the “Bankruptcy Petition”). See In re Aldridge, No. 02-50271, Voluntary Petition (Bankr. D.Nev. Jan. 31, 2002). On April 29, 2002, the Honorable Gregg W. Zive held that Plaintiff had filed the action in bad faith and dismissed Plaintiffs Bankruptcy Petition. See In re Aldridge, No. 02-50271, Order at 2 (Bankr.D.Nev. Apr. 29, 2002).

On May 30, 2002, Plaintiff filed a Petition for Writ of Mandamus in the United States District Court for the District of Nevada to compel the United States Bankruptcy Court to vacate the dismissal of the Bankruptcy Petition and assign the action to a judge, other than the Honorable Gregg W. Zive. See Aldridge v. Zive, No. CV-N-02-0305, Order at 1 (D. Nev. June 3, 2002); see also Aldridge v. First Nationwide Mortgage Corp., No. CV-N-02-0363, Order at 6 (D.Nev. Nov. 4, 2002). On June 4, 2002, the Honorable Howard D. McKibben of the United States District Court for the District of Nevada dismissed Plaintiffs Petition for Writ of Mandamus. See Aldridge v. Zive, No. CV-N-02-0305, Order at 2-3 (D. Nev. June 3, 2002) (holding that Plaintiff was not allowed to relitigate the foreclosure of the Property because that issue was already “decided adversely to [Plaintiff] in a state court proceeding”).

On July 3, 2002, Plaintiff filed suit in the United States District Court for the District of Nevada alleging that: 1) FNMC committed fraud and failed to reconvey a note and deed of trust upon full payment and discharge of the mortgage contract; 2) counsel for FNMC in First Nationwide Mortgage Corp. v. Aldridge, No. CI-14333, fraudulently filed a state court suit to foreclose on the Property; 3) the Honorable David Huff improperly granted summary judgment for FNMC;3 4) Stewart Title Company of Northern Nevada and Phillip Frink, an employee thereof, engaged in slander by publishing fraudulent documents in two newspapers in connection with the foreclosure of the Property; and 5) the Honorable Gregg W. Zive of the United States Bankruptcy Court for the District of Nevada ordered the Bankruptcy Petition to be dismissed without [116]*116requiring proof, thus wrongfully denying Plaintiff the protection of that court. See Aldridge v. First Nationwide Mortgage Corp., No. CV-N-02-0363, Order at 7-8 (D.Nev. Nov. 4, 2002). The Complaint requested $86 million in damages. See Aldridge v. First Nationwide Mortgage Corp., No. CV-N-02-0363, Complaint at 6-7 (D.Nev. July 3, 2002).

On November 4, 2002, the Honorable Justin L. Quackenbush of the United States District Court for the District of Nevada dismissed the July 3, 2002 Complaint on the basis of judicial immunity (regarding claims against the Honorable Gregg W. Zive of the United States Bankruptcy Court for the District of Nevada) and lack of subject matter jurisdiction (remaining claims). See Aldridge v. First Nationwide Mortgage Corp., No. CV-N-02-0363, Order at 10,12 (D.Nev. Nov. 4, 2002). Although a Motion for Rule 11 Sanctions was denied, the United States District Court for the District of Nevada ordered Plaintiff to show cause why Rule 11 sanctions should not be imposed. Id. at 14. And, that federal trial court subsequently imposed monetary sanctions on Plaintiff for filing a frivolous lawsuit solely to harass defendants. See Aldridge v. First Nationwide Mortgage Corp., No. CV-N-02-0363, Order at 2 (D.Nev. Dec. 16, 2002)

On July 10, 2002, following the posted eviction notice, Plaintiff filed suit in the United States District Court for the District of Nevada against the VA alleging that the posting of a fraudulent document by Jerry Pringle, the agent named on the eviction notice, willfully inflicted mental pain and anguish on Plaintiff. See Aldridge v. Pringle, No. CV-N-02-0370, Complaint at 4 (D.Nev. July 10, 2002). In that case, Plaintiff requested $21 million from the VA and $5 million from Mr. Pringle. Id. On November 8, 2003, the Honorable Howard D. MeKibben of the United States District Court for the District of Nevada dismissed the suit because of Plaintiffs failure to respond to Defendant’s Motion for Summary Judgment. See Aldridge v. Pringle, No. CV-N-02-0370, Order at 1 (D.Nev. Jan. 8, 2003).

On September 19, 2003, Plaintiff filed suit in the United States District Court for the District of Nevada for $21 million against the VA alleging advancing a counterfeit title; against Wilde for alleging filing an unsupported suit, unlawfully using the identity of and slandering Plaintiff, and advancing a counterfeit document; and against agent Robert Bennett, the Justice of the Peace who presided over the eviction proceedings, for alleging unlawful use of identity and unlawful termination of property rights. See Aldridge v. United States Dep’t of Veterans Affairs, No. CV-N-03-0509, Complaint at 3-5 (D.Nev. Sept. 19, 2003). Judge MeKibben also dismissed this action for failure to respond in a timely fashion to a motion. See Aldridge v. United States Dep’t of Veterans Affairs, No. CV-N-03-0509, Order at 1 (D.Nev. Mar. 4, 2004).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Parra v. United States
Federal Claims, 2025
Sanders v. United States
Federal Claims, 2025
Greene v. United States
Federal Claims, 2023
Peters v. United States
Federal Claims, 2020
Harvey v. United States
Federal Claims, 2020
Allen v. United States
Federal Claims, 2019
Wall v. United States
Federal Claims, 2019
Thomas v. United States
Federal Claims, 2018
Krukowski v. United States
129 Fed. Cl. 440 (Federal Claims, 2016)
Hood v. United States
127 Fed. Cl. 192 (Federal Claims, 2016)
Demodulation, Inc. v. United States
103 Fed. Cl. 794 (Federal Claims, 2012)
Reid v. United States
95 Fed. Cl. 243 (Federal Claims, 2010)
Rutledge v. United States
72 Fed. Cl. 396 (Federal Claims, 2006)
Tinsley v. United States
72 Fed. Cl. 326 (Federal Claims, 2006)
Nalette v. States
72 Fed. Cl. 198 (Federal Claims, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
67 Fed. Cl. 113, 2005 U.S. Claims LEXIS 221, 2005 WL 1804320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aldridge-v-united-states-uscfc-2005.