ABGARA v. AT&T MOBILITY, LLC et al, No. 1:2019cv01823 - Document 47 (D.D.C. 2021)

Court Description: MEMORANDUM AND OPINION re MOTION to Dismiss 37 by EVELYN ONYENYI OKOJI. Signed by Judge Tanya S. Chutkan on 9/30/21. (DJS)

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ABGARA v. AT&T MOBILITY, LLC et al Doc. 47 Case 1:19-cv-01823-TSC Document 47 Filed 09/30/21 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA EMMANUEL ABGARA, Plaintiff, v. AT&T MOBILITY, LLC et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 19-cv-1823 (TSC) MEMORANDUM OPINION Before the court is Defendant Evelyn O. Okoji’s Motion to Dismiss. ECF No. 37. For the reasons set forth below, the court will GRANT the motion. A. BACKGROUND Pro se Plaintiff Emmanuel Agbara first sued AT&T Mobility, LLC (AT&T) and Okoji, his former wife, asserting Cable Communications Policy Act claims and various state law claims. Agbara v. AT&T, 19-cv-1823-TSC (D.D.C.) (“Agbara I”). He alleged that Okoji used illegal means to obtain information from AT&T about and to make changes to his cellular telephone account. Agbara I, ECF No. 1 at ECF p. 6. 1 He claims that in so doing, she gained access to his personal “confidential” information, which she revealed to others, causing him emotional pain and suffering. Id. at ECF p. 11-12. The court granted AT&T’s motion to compel Plaintiff to arbitrate the 1 Plaintiff’s Complaint is not sequentially numbered. Accordingly, for ease of reference, the court will cite to the relevant ECF page numbers when referring to allegations in the Complaint. Page 1 of 3 Dockets.Justia.com Case 1:19-cv-01823-TSC Document 47 Filed 09/30/21 Page 2 of 3 claims against it and dismissed AT&T as a defendant without prejudice. Agbara I, ECF Nos. 20, 21. Prior to the dismissal, Plaintiff filed a second action against AT&T, Okoji and other defendants he claims assisted her and engaged in various other illegal actions. Agbara v. AT&T, 19-cv-2945-TSC (D.D.C.) (“Agbara II”). This second lawsuit included additional allegations and/or claims against Okoji. As it had in Agbara I, the court ultimately dismissed AT&T as a defendant without prejudice in the second lawsuit. Agbara II, ECF No. 24. While multiple defendants remain in Agbara II, only Okoji remains as a defendant in Agbara I. Okoji asks this court to dismiss the claims in both cases. Agbara I, ECF No. 37; Agbara II, ECF No. 38. B. ANALYSIS Okoji raises several arguments supporting dismissal of Agbara I, none of which the court need address here because Plaintiff effectively consents to dismissal of Agbara I. Responding to Okoji’s motion, Plaintiff states that • Agbara II “effectively replaced the Complaint” in Agbara I. Agbara I, ECF No. 42, Pls. Resp. at 3. • “In the instant case, the Plaintiff in both complaints is the same, the dispution [sic] arose from a common origin.” Id. at 6. • “The right course of action is a steady one on the track of the second complaint that leads to a resolution of the state law claims against all remaining individuals [sic] defendants in a single trial. The Plaintiff, defendants, possible witnesses and evidence are the same in both complaints.” Id. Page 2 of 3 Case 1:19-cv-01823-TSC Document 47 Filed 09/30/21 Page 3 of 3 In light of these admissions, the interests of justice are not served by continuing with two separate lawsuits. Accordingly, by separate order the court will grant Okoji’s motion to dismiss Agbara I without prejudice. The court will issue a separate opinion on Okoji’s motion to dismiss Agbara II. Date: September 30, 2021 Tanya S. Chutkan TANYA S. CHUTKAN United States District Judge Page 3 of 3

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