Andrew Chien -vs- William K. Grogan, et al, No. 1:2017cv00358 - Document 24 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 8/3/2017. (awac, )

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Andrew Chien -vs- William K. Grogan, et al Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Andrew Chien, Plaintijf, Civil Action No. l;!7-cv-358 Hon. Liam O'Grady Hon. Theresa Buchanan William K. Grogan, et al. Defendants. MEMORANDUM OPINION This matter comes before the Court on Defendants' Motion to Dismiss for lack of subject matter jurisdiction and failure to state a claim. (Dkt. No. 5). Plaintiff has also moved pro se for an injunction to invalidate Defendant William Grogan's order issued in his capacity as Commissioner for the Virginia Court of Chancery. (Dkt. No. 11). For the reasons discussed below, the Court GRANTS Defendants' Motion and DENIES Plaintiffs Motion. I. Background Plaintiff, Andrew Chien, is a self-employed financial consultant. Plaintiff was retained by Commonwealth Biotechnologies Incorporated ("CBI") to file SEC agency forms on the company's behalf and act as a meeting manager for the company's shareholder meetings. In this role, Plaintiff became involved with Richard J. Freer on or before 2011. At that time, Freer was the operating director of CBI." In 2011, CBI sought bankruptcy protection. During the bankruptcy process, Plaintiff sought to expose what he believed to be numerous instances of ' Plaintiff identifies the company as "Commonwealth Biotechnologies Incorporation." Dkt. No. 1at 14, H8. There is no company bearing that name and the Court concludes that Plaintiff has made a typographical error in identifying the company. Dockets.Justia.com

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