Stallard v. Goldman Sachs Group, Inc.

CourtDistrict Court, District of Columbia
DecidedNovember 27, 2024
DocketCivil Action No. 2020-2703
StatusPublished

This text of Stallard v. Goldman Sachs Group, Inc. (Stallard v. Goldman Sachs Group, Inc.) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stallard v. Goldman Sachs Group, Inc., (D.D.C. 2024).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

____________________________________ ) JOSEPH A. STALLARD, ) ) Plaintiff, ) ) v. ) Civil Action No. 20-2703 (RBW) ) GOLDMAN SACHS GROUP, INC., et al., ) ) Defendants. ) ____________________________________)

MEMORANDUM OPINION

The pro se plaintiff, Joseph A. Stallard, brings this civil action against the defendants,

Goldman Sachs Group Inc., Goldman Sachs & Co. LLC (collectively “the Goldman

defendants”), and Voodoo SAS (“Voodoo”), alleging violations of 15 U.S.C. §§ 1, 18, 1114(1),

1117, 1125(a); 17 U.S.C. §§ 501(a)–(b), 506(a); and 18 U.S.C. §§ 201, 1952(a), 1956, 1961,

2320(a), as well as common law claims of trademark infringement, unfair competition, fraud,

negligent misrepresentation, tortious interference, unjust enrichment, and civil conspiracy. See

generally Complaint (“Compl.”), ECF No. 1. Currently pending before the Court are (1) the

Goldman defendants’ motion to dismiss the Complaint, see Motion by Defendants Goldman

Sachs Group, Inc. and Goldman Sachs & Co., LLC to Dismiss the Complaint (“Goldman Defs.’

Mot.”), ECF No. 13; (2) Voodoo’s motion to dismiss the Complaint, see Motion by Defendant

Voodoo SAS to Dismiss the Complaint (“Voodoo’s Mot.”), ECF No. 34; and the plaintiff’s

motion for sanctions against Voodoo, see Plaintiff’s Motion for Sanctions (“Pl.’s Mot. for Sanctions”), ECF No. 39. Upon careful consideration of the parties’ submissions, 1 the Court

concludes for the following reasons that it must grant in part and deny without prejudice in part

the defendants’ motions to dismiss. Specifically, the Court grants in part the Goldman

defendants’ motion to dismiss in regard to the plaintiff’s Racketeer Influenced and Corrupt

Organizations Act (“RICO”) and antitrust claims because the plaintiff lacks Article III standing

to bring RICO and antitrust claims against the Goldman defendants. The Court grants in part

Voodoo’s motion to dismiss because the plaintiff lacks statutory standing to bring RICO and

antitrust claims against Voodoo. The Court will deny without prejudice both motions to dismiss

in all other respects. And, because the District of Columbia is not the proper venue for the

plaintiff’s claims that survive the defendants’ motions, the Court will transfer the plaintiff’s

remaining claims to the Eastern District of Virginia and deny without prejudice the plaintiff’s

motion for sanctions.

I. BACKGROUND

A. Factual Background

The following allegations are derived from the plaintiff’s Complaint unless otherwise

specified.

1 In addition to the filings already referenced, the Court also considered the following submissions in rendering its decision: (1) the Plaintiff’s Memorandum in Opposition to Motion by Defendants Goldman Sachs Group, Inc. and Goldman Sachs & Co., LLC to Dismiss the Complaint (“Pl.’s Opp’n to Goldman Defs.’ Mot.”), ECF No. 18; (2) the Reply Brief of Defendants The Goldman Sachs Group, Inc. and Goldman Sachs & Co. LLC in Support of Their Motion to Dismiss the Complaint (“Goldman Defs.’ Reply”), ECF No. 21; (3) the Plaintiff’s Memorandum in Opposition to Motion by Defendant Voodoo SAS to Dismiss the Complaint (“Pl.’s Opp’n to Voodoo’s Mot.”), ECF No. 36; (4) the Reply Memorandum by Defendant Voodoo SAS in Support of Its Motion to Dismiss the Complaint (“Voodoo’s Reply”), ECF No. 37; (5) defendant Voodoo’s Notice of Erratum, Exhibit (“Ex.”) A (Corrected Reply Memorandum by Defendant Voodoo SAS in Support of Its Motion to Dismiss the Complaint (“Corrected Voodoo Reply”)), ECF No. 38-1; (6) the Opposition of Voodoo SAS to Plaintiff’s Motion for Sanctions (“Voodoo’s Opp’n”), ECF No. 40; and (7) the Reply Memorandum in Support of Plaintiff’s Motion for Sanctions (“Pl.’s Reply”), ECF No. 41.

2 1. Alleged Racketeering Activity by the Defendants

The plaintiff alleges that on “May 28, 2018[, a] press release issued by [the] Goldman

and Voodoo [defendants] stated, ‘Goldman Sachs – through its West Street Capital Partners VII

fund – becomes Voodoo’s reference shareholder alongside the Founders who remain majority

owners of the company.” Compl. ¶ 149. According to the plaintiff, “[the] Goldman [defendants]

funded Voodoo with at least $200 million,” id. ¶ 4, which was allegedly “laundered . . . through

the Cayman Islands using a $7 billion vehicle called West Street Capital Partners VII[,]” id. The

plaintiff claims that “West Street Capital Partners VII is funded by 867 unknown investors[,]” id.

¶ 147, and is “directed by Maples Fiduciary Services (Delaware), who also has a Cayman Islands

company, Maples Fiduciary Services (Cayman)[,]” id. ¶ 146. The plaintiff also claims that

“[c]ompensation from West Street Capital Partners VII goes to [the] Goldman [defendants.]” Id.

¶ 148.

The plaintiff makes several allegations against the Goldman defendants for alleged

racketeering activity and laundering money to Voodoo. Specifically, the plaintiff points to

previous criminal violations allegedly committed by employees of the Goldman defendants. See

Compl. ¶¶ 115–42. The plaintiff alleges that “Timothy Leissner [(“Leissner”)] pleaded guilty [in

2018] to conspiracy to violate the Foreign Corrupt Practices Act [] and conspiracy to commit

money laundering.” Id. ¶ 141. The plaintiff claims that “Leissner admitted that [the] Goldman

[defendants] used the U[nited] S[tates] banking system to send money to bribe Malaysian

officials . . . between January [ ] 2009 and October [ ] 2014.” Id. ¶ 142. Furthermore, the

plaintiff alleges the commission of “[b]ribery of U[nited] S[tates] [p]ublic [o]fficials[,]” id. at 26,

by “Hank Paulson[, the former Chairman and Chief Executive Officer of Goldman Sachs and the

former United States Secretary of the Department of the Treasury,]” see id. ¶¶ 123–39. More

specifically, he contends that Paulson “ran the show as Treasury Secretary” and “caus[ed]

3 A[merican] I[nternational] G[roup] [(“AIG”)] to fail and trigger[] highly leveraged payouts by

AIG to [the] Goldman [defendants].” Id. ¶ 136.

The plaintiff also alleges that “[the] Goldman[] [defendants’] racketeering activity funded

Voodoo’s racketeering activity. [Specifically, he contends that t]he influx of funds from [the]

Goldman [defendants] caused Voodoo to dominate the mobile video game market in a way that

violates [federal] antitrust laws[,]” id. ¶ 4, and “infring[es] the [trademark and] copyrights of [the

p]laintiff[’s] [ ] Knocky Balls video game,” id. ¶ 2.

2. The plaintiff’s intellectual property

The plaintiff states that “[o]n November 5, 2019, [he] obtained a trademark

registration[, Registration No. 5,900,923,] with the U[nited] S[tates] P[atent and] T[rademark]

O[ffice] [(“USPTO”)] for the mark, Knocky Balls, for use on video games.” Id. ¶ 25. Further,

the plaintiff states that “[o]n June 24, 2019, [he] filed with the [United States Patent and

Trademark Office or] [(‘]USPTO[’)] an application for International Registration with the World

Intellectual Property Organization ([“]WIPO[”]) under the Madrid Protocol, with France as the

designated country.” Id. ¶ 31. The plaintiff states that “[o]n August 29, 2019, the International

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

Related

Hemi Group, LLC v. City of New York
559 U.S. 1 (Supreme Court, 2010)
Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.
429 U.S. 477 (Supreme Court, 1977)
Copperweld Corp. v. Independence Tube Corp.
467 U.S. 752 (Supreme Court, 1984)
Allen v. Wright
468 U.S. 737 (Supreme Court, 1984)
Sedima, S. P. R. L. v. Imrex Co.
473 U.S. 479 (Supreme Court, 1985)
Atlantic Richfield Co. v. USA Petroleum Co.
495 U.S. 328 (Supreme Court, 1990)
Lujan v. Defenders of Wildlife
504 U.S. 555 (Supreme Court, 1992)
Kokkonen v. Guardian Life Insurance Co. of America
511 U.S. 375 (Supreme Court, 1994)
Nynex Corp. v. Discon, Inc.
525 U.S. 128 (Supreme Court, 1998)
Anza v. Ideal Steel Supply Corp.
547 U.S. 451 (Supreme Court, 2006)
Erickson v. Pardus
551 U.S. 89 (Supreme Court, 2007)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Richardson, Roy Dale v. United States
193 F.3d 545 (D.C. Circuit, 1999)
Thomas, Oscar v. Principi, Anthony
394 F.3d 970 (D.C. Circuit, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
Stallard v. Goldman Sachs Group, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/stallard-v-goldman-sachs-group-inc-dcd-2024.