Case 1:25-cv-00139-JB-SCY Document 6 Filed 04/02/25 Page 1 of 10
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF NEW MEXICO
`
`JOSEPH D. GILBERTI,
`
`
`
`vs.
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` No. CIV 25-0139 JB/SCY
`
`VICE PRESIDENT JAMES DAVID
`VANCE, GEORGE W. BUSH, JUDGE
`DONNA MARIE PADAR, WORLD
`ECONOMIC FORUM, WORLD BANK
`GROUP (THE INTERNATIONAL BANK
`FOR RECONSTRUCTION AND
`DEVELOPMENT (IBRD) AND THE
`INTERNATIONAL DEVELOPMENT
`ASSOCIATION (IDA)), NEW
`DEVELOPMENT BANK (BRICS BANKS),
`JAMES AMSCHEL VICTOR
`ROTHSCHILD, NICHOLAS DAVID
`ROTHSCHILD, LADY LYNN FORESTER
`DE ROTHSCHILD, "THE HOLY SEE"
`(THE VATICAN CITY STATE), DAVID
`MAYER DE ROTHSCHILD,
`ARCHDIOCESE OF VENICE,
`ARCHDIOCESE OF WASHINGTON,
`ARCHDIOCESE OF SANTA FE,
`ARCHDIOCESE OF LAS CRUCES, THE
`ROMAN CATHOLIC DIOCESE OF
`GALLUP, NATIONAL FOOTBALL
`LEAGUE (NFL), NATIONAL
`BASKETBALL ASSOCIATION (NBA),
`MAJOR LEAGUE BASEBALL ATTORNEY
`(MLB), NATIONAL ASSOCIATION FOR
`STOCK CAR AUTO RACING (NASCAR),
`MARY ROSS AGOSTA, BARRON TRUMP,
`RYAN SNYDER, JUDGE STEPHEN
`WALKER, BLACKSTONE INC., STATE
`STREET CORPORATION, MORGAN
`STANLEY, APOLLO GLOBAL
`MANAGEMENT INC., GOLDMAN SACHS
`GROUP INC., JPMORGAN CHASE BANK
`NATIONAL ASSOCIATION (JPMCB),
`
`
`
`
`
`
`
`

`

`Case 1:25-cv-00139-JB-SCY Document 6 Filed 04/02/25 Page 2 of 10
`Case 1:25-cv-00139-JB-SCY Document6
`Filed 04/02/25
`Page 2 of 10
`
`JPMORGAN CHASE & CO., MELANIA
`JPMORGAN CHASE & CO., MELANIA
`TRUMP, NEW YORK UNIVERSITY,
`TRUMP, NEW YORK UNIVERSITY,
`UNIVERSITY OF WASHINGTON,
`UNIVERSITY OF WASHINGTON,
`UNIVERSITY OF NEW MEXICO, NEW
`UNIVERSITY OF NEW MEXICO, NEW
`MEXICO STATE UNIVERSITY, EASTERN
`MEXICO STATE UNIVERSITY, EASTERN
`NEW MEXICO UNIVERSITY, NEW
`NEW MEXICO UNIVERSITY, NEW
`MEXICO INSTITUTE OF MINING AND
`MEXICO INSTITUTE OF MINING AND
`TECHNOLOGY, LARA TRUMP, US
`TECHNOLOGY, LARA TRUMP,US
`CONGRESSMAN VERN BUCHANAN, AL
`CONGRESSMANVERN BUCHANAN,AL
`GORE, ERIC TRUMP, EMMA GONZALES,
`GORE, ERIC TRUMP, EMMA GONZALES,
`IVANKA TRUMP, ANDREW ROSIN PA,
`IVANKA TRUMP, ANDREWROSIN PA,
`JUDGE HUNTER CARROLL, DONALD
`JUDGE HUNTER CARROLL, DONALD
`TRUMP JR., MARJORIE STONEMAN
`TRUMPJR., MARJORIE STONEMAN
`DOUGLAS SCHOOL, JUDGE OMAR A.
`DOUGLAS SCHOOL, JUDGE OMAR A.
`WILLIAMS, GOVERNOR GAVIN
`WILLIAMS, GOVERNOR GAVIN
`NEWSOM, GOVERNOR KATHY
`NEWSOM, GOVERNOR KATHY
`HOCHUL, SHERIFF SCOTT ISRAEL,
`HOCHUL, SHERIFF SCOTT ISRAEL,
`JUDGE JAMES DOMINGUEZ, JUDGE
`JUDGE JAMES DOMINGUEZ, JUDGE
`CAROYLN DELANO, TOWN OF ROYAL
`CAROYLN DELANO, TOWN OF ROYAL
`PALM BEACH, PORT EVERGLADES,
`PALM BEACH, PORT EVERGLADES,
`JUDGE JAMES CONRAD, JUDGE MARK
`JUDGE JAMES CONRAD, JUDGE MARK
`WOLFE, PALM BEACH COUNTY BOARD
`WOLFE, PALM BEACH COUNTY BOARD
`OF COUNTY COMMISSIONERS, JUDGE
`OF COUNTY COMMISSIONERS, JUDGE
`KIMBERLY CARLTON BONNER, LEE
`KIMBERLY CARLTON BONNER,LEE
`PALLARDY, BROWARD COUNTY
`PALLARDY, BROWARD COUNTY
`BOARD OF COUNTY COMMISSIONERS,
`BOARD OF COUNTY COMMISSIONERS,
`THOMAS HOWZE, NATIONAL SHERIFF'S
`THOMAS HOWZE, NATIONALSHERIFF'S
`ASSOCIATION, TOWN OF ROYAL
`ASSOCIATION, TOWN OF ROYAL
`BEACH, LEE COUNTY BOARD OF
`BEACH, LEE COUNTY BOARD OF
`COUNTY COMMISSIONERS, CITY OF
`COUNTY COMMISSIONERS, CITY OF
`WEST PALM BEACH, CITY OF BOCA
`WEST PALM BEACH,CITY OF BOCA
`RATON, CITY OF MIAMI, MIAMI PORT
`RATON, CITY OF MIAMI, MIAMI PORT
`AUTHORITY, 12TH JUDICIAL CIRCUIT
`AUTHORITY,12TH JUDICIAL CIRCUIT
`OF FLORIDA, 13TH JUDICIAL CIRCUIT
`OF FLORIDA,13TH JUDICIAL CIRCUIT
`OF FLORIDA, SHERIFF CHAD
`OF FLORIDA, SHERIFF CHAD
`CHRONISTER, SARASOTA COUNTY
`CHRONISTER, SARASOTA COUNTY
`BOARD OF COUNTY COMMISSIONERS,
`BOARD OF COUNTY COMMISSIONERS,
`DADE COUNTY BOARD OF COUNTY
`DADE COUNTY BOARD OF COUNTY
`COMMISSIONERS, MANAGEMENT
`COMMISSIONERS, MANAGEMENT
`HILLSBOROUGH COUNTY BOARD OF
`HILLSBOROUGH COUNTY BOARD OF
`COUNTY COMMISSIONERS, SOUTH
`COUNTY COMMISSIONERS, SOUTH
`FLORIDA WATER MANAGEMENT
`FLORIDA WATER MANAGEMENT
`DISTRICT, BENDERSON
`DISTRICT, BENDERSON
`DEVELOPMENT., U.S. CONGRESS,
`DEVELOPMENT., U.S. CONGRESS,
`PENNSYLVANIA DEPARTMENT OF
`PENNSYLVANIA DEPARTMENTOF
`
`
`
`
`
`- 2 -
`
`

`

`Case 1:25-cv-00139-JB-SCY Document 6 Filed 04/02/25 Page 3 of 10
`Case 1:25-cv-00139-JB-SCY Document6
`Filed 04/02/25
`Page 3of 10
`
`ENVIRONMENTAL PROTECTION
`ENVIRONMENTAL PROTECTION
`AGENCY, NEW MEXICO ENVIRONMENT
`AGENCY, NEW MEXICO ENVIRONMENT
`DEPARTMENT, BANKRUPTCY TRUSTEE
`DEPARTMENT, BANKRUPTCY TRUSTEE
`LUIS RIVERA, EDWARD J. DEBARTOLO,
`LUIS RIVERA, EDWARD J. DEBARTOLO,
`SOUTHWEST FLORIDA WATER
`SOUTHWEST FLORIDA WATER
`MANAGEMENT DISTRICT, TAMPA
`MANAGEMENTDISTRICT, TAMPA
`CENTRAL COMMAND MACDILL AIR
`CENTRAL COMMAND MACDILL AIR
`FORCE BASE, METROPOLITAN
`FORCE BASE, METROPOLITAN
`PLANNING COUNCIL, MATT GAETZ,
`PLANNING COUNCIL, MATT GAETZ,
`RICHARD BRUCE (DICK) CHENEY,
`RICHARD BRUCE(DICK) CHENEY,
`JUDGE THOMAS KRUG, CENTRAL
`JUDGE THOMAS KRUG, CENTRAL
`INTELLIGENCE AGENCY (CIA), JEFF
`INTELLIGENCE AGENCY(CIA), JEFF
`BEZOS, WARREN BUFFET, JUDGE
`BEZOS, WARREN BUFFET, JUDGE
`MARIA RUHL, JUDGE DON T. HALL,
`MARIA RUHL, JUDGE DONT. HALL,
`JUDGE JAMES PARKER, SOUTH
`JUDGE JAMES PARKER, SOUTH
`FLORIDA REGIONAL PLANNING
`FLORIDA REGIONAL PLANNING
`COUNCIL, JUDGE DANA MOSS, JUDGE
`COUNCIL, JUDGE DANA MOSS, JUDGE
`GEORGE A. O'TOOLE JR., SOUTHWEST
`GEORGEA. O'TOOLEJR., SOUTHWEST
`FLORIDA REGIONAL PLANNING
`FLORIDA REGIONAL PLANNING
`COUNCIL, ROCKEFELLER GROUP
`COUNCIL, ROCKEFELLER GROUP
`INTERNATIONAL, INC., JUDGE
`INTERNATIONAL,INC., JUDGE
`MCHUGH, JUDGE DARRIN P. GAYLES,
`MCHUGH, JUDGE DARRIN P. GAYLES,
`JUDGE JOSE E. MARTINEZ, JUDGE
`JUDGE JOSE E. MARTINEZ, JUDGE
`LAURA TAYLOR SWAIN,
`LAURA TAYLOR SWAIN,
`ROCKEFELLER CAPITAL
`ROCKEFELLER CAPITAL
`MANAGEMENT, STATE ATTORNEY ED
`MANAGEMENT, STATE ATTORNEY ED
`BRODSKY, JUDGE JUAN MERCHAN,
`BRODSKY, JUDGE JUAN MERCHAN,
`TREASURE COAST REGIONAL
`TREASURE COAST REGIONAL
`PLANNING COUNCIL, JUDGE CHARLES
`PLANNING COUNCIL, JUDGE CHARLES
`WILLIAMS, JUDGE THOMAS BARBER,
`WILLIAMS, JUDGE THOMAS BARBER,
`CITY OF CAPE CORAL, CITY OF
`CITY OF CAPE CORAL, CITY OF
`NAPLES, CITY OF FORT MYERS, JUDGE
`NAPLES, CITY OF FORT MYERS, JUDGE
`GEOFFREY R GENTILE, JUDGE MARTIN
`GEOFFREY R GENTILE, JUDGE MARTIN
`FEIN, SEMINOLE TRIBE HARD ROCK
`FEIN, SEMINOLE TRIBE HARD ROCK
`CASINO, JUDGE SHERI POLSTER
`CASINO, JUDGE SHERI POLSTER
`CHAPPELL, JUDGE ELIZABETH
`CHAPPELL, JUDGE ELIZABETH
`SCHERER, CITY OF PARKLAND, DAVID
`SCHERER, CITY OF PARKLAND, DAVID
`HOGG, JUDGE LORENALIKHAN,
`HOGG, JUDGE LORENALIKHAN,
`MANATEE COUNTY BOARD OF
`MANATEE COUNTY BOARD OF
`COUNTY COMMISSIONERS, TOWN OF
`COUNTY COMMISSIONERS, TOWN OF
`DAVY, NIKOLAS CRUZ, JUDGE
`DAVY, NIKOLAS CRUZ, JUDGE
`MARTHA PACOLD, SHERIFF CARMINE
`MARTHA PACOLD, SHERIFF CARMINE
`MARCENO, SHERIFF KURT HOFFMAN,
`MARCENO, SHERIFF KURT HOFFMAN,
`FLORIDA DEPARTMENT OF
`FLORIDA DEPARTMENTOF
`ENVIRONMENTAL PROTECTION,
`ENVIRONMENTAL PROTECTION,
`
`
`
`
`
`- 3 -
`
`

`

`Case 1:25-cv-00139-JB-SCY Document 6 Filed 04/02/25 Page 4 of 10
`Case 1:25-cv-00139-JB-SCY Document6
`Filed 04/02/25
`Page 4of 10
`
`GREENBERG TRAURIG LAW, JUDGE
`GREENBERG TRAURIG LAW, JUDGE
`KETANJI BROWN JACKSON, FLORIDA
`KETANJI BROWN JACKSON, FLORIDA
`DEPARTMENT OF LAW ENFORCEMENT,
`DEPARTMENT OF LAW ENFORCEMENT,
`JUDGE LIAM O' GRADY, FEDERAL
`JUDGE LIAM O' GRADY, FEDERAL
`BUREAU OF INVESTIGATION (FBI),
`BUREAUOFINVESTIGATION(FBD,
`MICHAEL WALTZ, JUDGE MADELINE
`MICHAEL WALTZ, JUDGE MADELINE
`COX ARLEO, ELON MUSK, SENATOR
`COX ARLEO, ELON MUSK, SENATOR
`MARCO RUBIO, SUSIE WILES, JUDGE
`MARCORUBIO,SUSIE WILES, JUDGE
`DONALD M. MIDDLEBROOKS, JUDGE
`DONALD M. MIDDLEBROOKS, JUDGE
`DAVID S LEIBOWITZ, RUDY GIULIANI,
`DAVID S LEIBOWITZ, RUDY GIULIANI,
`YALE UNIVERSITY, RON DESANTIS,
`YALE UNIVERSITY, RON DESANTIS,
`JUDGE AILEEN CANNON,
`JUDGE AILEEN CANNON,
`ROCKEFELLER FINANCIAL SERVICES,
`ROCKEFELLER FINANCIAL SERVICES,
`DONALD J. TRUMP, HARVARD
`DONALDJ. TRUMP, HARVARD
`UNIVERSITY, OHIO STATE
`UNIVERSITY, OHIO STATE
`UNIVERSITY, ARIANA ROCKEFELLER,
`UNIVERSITY, ARIANA ROCKEFELLER,
`VALERIE ROCKEFELLER,
`VALERIE ROCKEFELLER,
`ARCHDIOCESE OF LOS ANGELES,
`ARCHDIOCESE OF LOS ANGELES,
`ARCHDIOCESE OF BALTIMORE, STATE
`ARCHDIOCESE OF BALTIMORE, STATE
`ATTORNEY THOMAS WIDEN,
`ATTORNEY THOMASWIDEN,
`ARCHDIOCESE OF PHILADELPHIA,
`ARCHDIOCESE OF PHILADELPHIA,
`ARCHDIOCESE OF MIAMI,
`ARCHDIOCESE OF MIAMI,
`ARCHDIOCESE OF NEW YORK, POPE
`ARCHDIOCESE OF NEW YORK, POPE
`FRANCIS JORGE MARIO BERGOGLIO
`FRANCIS JORGE MARIO BERGOGLIO
`ARCHDIOCESE OF NEWARK,
`ARCHDIOCESE OF NEWARK,
`ARCHDIOCESE OF BOSTON, NANCY
`ARCHDIOCESE OF BOSTON, NANCY
`PELOSI, HILLARY CLINTON, WILLIAM
`PELOSI, HILLARY CLINTON, WILLIAM
`JEFFERSON (BILL) CLINTON, BARACK
`JEFFERSON (BILL) CLINTON, BARACK
`OBAMA, MICHELLE OBAMA,
`OBAMA, MICHELLE OBAMA,
`GOVERNOR JOSH SHAPIRO,
`GOVERNORJOSH SHAPIRO,
`GOVERNOR WES MOORE, FLORIDA
`GOVERNOR WES MOORE, FLORIDA
`STATE UNIVERSITY, KAMALA HARRIS,
`STATE UNIVERSITY, KAMALA HARRIS,
`TIM WALTZ, PHILADELPHIA CITY
`TIM WALTZ, PHILADELPHIA CITY
`COUNCIL, PENNSYLVANIA STATE
`COUNCIL, PENNSYLVANIA STATE
`POLICE, CHRISTOPHER SHAW,
`POLICE, CHRISTOPHER SHAW,
`ATTORNEY GENERAL ASHLEY
`ATTORNEY GENERAL ASHLEY
`MOODY, US DEPARTMENT OF
`MOODY, US DEPARTMENTOF
`TRANSPORTATION, DEPARTMENT OF
`TRANSPORTATION, DEPARTMENT OF
`INTERIOR, SHEILA SANGHVI, MAYOR
`INTERIOR, SHEILA SANGHVI, MAYOR
`ERIC ADAMS, COUNCIL OF NATIONAL
`ERIC ADAMS, COUNCIL OF NATIONAL
`DEFENSE, NEW YORK CITY COUNCIL,
`DEFENSE, NEW YORKCITY COUNCIL,
`NEW YORK PORT AUTHORITY,
`NEW YORK PORT AUTHORITY,
`WASHINGTON PUBLIC PORTS
`WASHINGTON PUBLIC PORTS
`ASSOCIATION, SENATOR RICK SCOTT,
`ASSOCIATION, SENATOR RICK SCOTT,
`UNITED STATES GEOLOGICAL
`UNITED STATES GEOLOGICAL
`
`
`
`
`
`- 4 -
`
`

`

`Case 1:25-cv-00139-JB-SCY Document 6 Filed 04/02/25 Page 5 of 10
`Case 1:25-cv-00139-JB-SCY Document6
`Filed 04/02/25
`Page 5of10
`
`SURVEY, THE WASHINGTON POST,
`SURVEY, THE WASHINGTONPOST,
`UNIVERSITY OF MIAMI, CLEVELAND
`UNIVERSITY OF MIAMI, CLEVELAND
`CITY COUNCIL, EXXONMOBIL, THE
`CITY COUNCIL, EXXONMOBIL, THE
`ROCKEFELLER FOUNDATION, SCOTT
`ROCKEFELLER FOUNDATION, SCOTT
`FREYRE, ENVIRONMENTAL
`FREYRE, ENVIRONMENTAL
`PROTECTION AGENCY (EPA), ARMY
`PROTECTION AGENCY(EPA), ARMY
`CORPS OF ENGINEERS, PENNSYLVANIA
`CORPS OF ENGINEERS, PENNSYLVANIA
`STATE UNIVERSITY, NATURAL
`STATE UNIVERSITY, NATURAL
`RESOURCES DEFENSE COUNCIL, THE
`RESOURCES DEFENSE COUNCIL, THE
`U.S. SURGEON GENERAL, NATIONAL
`U.S. SURGEON GENERAL, NATIONAL
`SECURITY COUNCIL, DEPARTMENT OF
`SECURITY COUNCIL, DEPARTMENTOF
`STATE, BENDERSON DEVELOPMENT,
`STATE, BENDERSON DEVELOPMENT,
`US NATIONAL GUARD, HUMAN
`US NATIONAL GUARD, HUMAN
`HEALTH AND SERVICES, PETE
`HEALTH ANDSERVICES, PETE
`HEGSETH, KRISTI NOEM, JOHN
`HEGSETH, KRISTI NOEM, JOHN
`RATCLIFFE, TUTSI GABBARD, LEE
`RATCLIFFE, TUTSI GABBARD,LEE
`ZELDIN, ELISE STEFANIK, ROBERT F.
`ZELDIN, ELISE STEFANIK, ROBERTF.
`KENNEDY JR., DOUG BURGUM, DOUG
`KENNEDYJR., DOUG BURGUM, DOUG
`COLLINS, CHRIS WRIGHT, JAMES
`COLLINS, CHRIS WRIGHT, JAMES
`BLAIR, TAYLOR BUDOWICH, STEPHEN
`BLAIR, TAYLOR BUDOWICH, STEPHEN
`MILLER, DAN SCAVINO, THOMAS
`MILLER, DAN SCAVINO, THOMAS
`HOMAN, BILL MCGINLEY, STEVEN
`HOMAN,BILL MCGINLEY, STEVEN
`CHEUNG, KAROLINE LEAVITT, WILL
`CHEUNG, KAROLINE LEAVITT, WILL
`SCHARF, SERGIO GOR, VIVEK
`SCHARF, SERGIO GOR, VIVEK
`RAMASWAMY, BRENDAN CARR,
`RAMASWAMY,BRENDANCARR,
`HOWARD LUTNICK, LINDA MCMAHON,
`HOWARD LUTNICK, LINDA MCMAHON,
`SEAN DUFFY, DEAN JOHN SAUER,
`SEAN DUFFY, DEAN JOHN SAUER,
`TODD BLANCHE, STEVEN WITKOFF,
`TODD BLANCHE,STEVEN WITKOFF,
`MICHAEL HUCKABEE, MARJORIE
`MICHAEL HUCKABEE, MARJORIE
`TAYLOR GREENE, WINK NEWS,
`TAYLOR GREENE, WINK NEWS,
`MOSAIC FERTILIZER, PFIZER
`MOSAICFERTILIZER, PFIZER
`PHARMACEUTICAL INDUSTRY
`PHARMACEUTICAL INDUSTRY
`COMPANY, UNITED NATIONS, BILL
`COMPANY,UNITED NATIONS, BILL
`GATES, MARK ZUCKERBERG,
`GATES, MARK ZUCKERBERG,
`CANADIAN NATIONAL RAILWAY, CSX
`CANADIAN NATIONAL RAILWAY, CSX
`TRANSPORTATION INC., BLACKROCK
`TRANSPORTATIONINC., BLACKROCK
`INC., US CONGRESSMAN BYRON
`INC., US CONGRESSMAN BYRON
`DONALDS, ATTORNEY ALVIN BRAGG,
`DONALDS, ATTORNEY ALVIN BRAGG,
`AG LETITIA JAMES, BALTIMORE CITY
`AG LETITIA JAMES, BALTIMORE CITY
`COUNCIL, ARCHDIOCESE OF
`COUNCIL, ARCHDIOCESE OF
`INDIANAPOLIS, NEW YORK
`INDIANAPOLIS, NEW YORK
`DEPARTMENT OF ENVIRONMENTAL
`DEPARTMENT OF ENVIRONMENTAL
`PROTECTION (NYDEP), JUDGE PAUL
`PROTECTION (NYDEP), JUDGE PAUL
`DIAMOND, DEPARTMENT OF
`DIAMOND, DEPARTMENT OF
`GOVERNMENT EFFICIENCY (DOGE),
`GOVERNMENTEFFICIENCY (DOGE),
`
`
`
`
`
`- 5 -
`
`

`

`Case 1:25-cv-00139-JB-SCY Document 6 Filed 04/02/25 Page 6 of 10
`
`ARCHDIOCESE OF LOS ANGELES
`ARCHDIOCESE OF SAN FRANCISCO,
`WASHINGTON STATE DEPARTMENT OF
`ECOLOGY, WASHINGTON CITY
`COUNCIL, GOVERNOR OF ALABAMA,
`GOVERNOR OF ALASKA, GOVERNOR
`OF ARIZONA, GOVERNOR OF
`ARKANSAS, GOVERNOR OF
`CALIFORNIA, GOVERNOR OF
`COLORADO, GOVERNOR OF
`CONNECTICUT, GOVERNOR OF
`DELAWARE, GOVERNOR OF FLORIDA,
`GOVERNOR OF GEORGIA, GOVERNOR
`OF HAWAII, GOVERNOR OF IDAHO,
`GOVERNOR OF ILLINOIS, GOVERNOR
`OF INDIANA, GOVERNOR OF IOWA,
`GOVERNOR OF KANSAS, GOVERNOR
`OF KENTUCKY, GOVERNOR OF
`LOUISIANA, GOVERNOR OF MAINE,
`GOVERNOR OF MARYLAND,
`GOVERNOR OF MASSACHUSETTS,
`GOVERNOR OF MICHIGAN, GOVERNOR
`OF MINNESOTA, GOVERNOR OF
`MISSISSIPPI, GOVERNOR OF MISSOURI,
`GOVERNOR OF MONTANA, GOVERNOR
`OF NEBRASKA, GOVERNOR OF
`NEVADA, GOVERNOR OF NEW
`HAMPSHIRE, GOVERNOR OF NEW
`JERSEY, GOVERNOR OF NEW MEXICO,
`GOVERNOR OF NEW YORK, GOVERNOR
`OF NORTH CAROLINA, GOVERNOR OF
`NORTH DAKOTA, GOVERNOR OF OHIO,
`GOVERNOR OF OKLAHOMA,
`GOVERNOR OF OREGON, GOVERNOR
`OF PENNSYLVANIA, GOVERNOR OF
`RHODE ISLAND, GOVERNOR OF SOUTH
`CAROLINA, GOVERNOR OF SOUTH
`DAKOTA, GOVERNOR OF TENNESSEE,
`GOVERNOR OF TEXAS, GOVERNOR OF
`UTAH, GOVERNOR OF VERMONT,
`GOVERNOR OF VIRGINIA, GOVERNOR
`OF WASHINGTON, GOVERNOR OF
`WEST VIRGINIA, GOVERNOR OF
`WISCONSIN, GOVERNOR OF WYOMING,
`and THE PENTAGON.
`
`
`
`
`
`- 6 -
`
`

`

`Case 1:25-cv-00139-JB-SCY Document 6 Filed 04/02/25 Page 7 of 10
`
`
`
`
`
`Defendants.
`
`MEMORANDUM OPINION AND ORDER
`
`THIS MATTER comes before the Court on the Plaintiff’s Complaint, filed February 7,
`
`2025 (Doc. 1)(“Complaint”). Plaintiff Joseph D. Gilberti appears pro se. For the reasons set out
`
`below, the Court dismisses this case without prejudice, because venue is improper in the District
`
`of New Mexico.
`
`PROCEDURAL BACKGROUND
`
`
`
`Gilberti, who resides in Florida, asserts various claims against about 250 Defendants based
`
`on actions that occurred in Florida regarding, among other things, water resources in Florida and
`
`property in Florida. While some of the Defendants reside in New Mexico,1 the remainder of the
`
`Defendants reside in other States and countries. The Honorable Steven C. Yarbrough, United
`
`States Magistrate Judge for the United States District Court for the District of New Mexico, notifies
`
`Gilberti:
`
`It appears that the District of New Mexico is not the proper venue for this
`action. The statute governing venue in general states:
`
`Venue in general. --A civil action may be brought in--
`
`
`(1)
`a judicial district in which any defendant
`resides, if all defendants are residents of the State in
`which the district is located;
`
`(2)
`a judicial district in which a substantial part
`of the events or omissions giving rise to the claim
`
`
`1The Complaint names the following Defendants in New Mexico: the Archdioceses of
`Santa Fe and Las Cruces, the University of New Mexico, New Mexico State University, Eastern
`New Mexico University, the New Mexico Institute of Mining and Technology, the New Mexico
`Environment Department, Judge James Parker, and the Governor of New Mexico. See Complaint
`at 1-2.
`
`
`
`
`
`- 7 -
`
`

`

`Case 1:25-cv-00139-JB-SCY Document 6 Filed 04/02/25 Page 8 of 10
`
`occurred, or a substantial part of property that is the
`subject of the action is situated; or
`
`(3)
`if there is no district in which an action may
`otherwise be brought as provided in this section, any
`judicial district in which any defendant is subject to
`the court's personal jurisdiction with respect to such
`action.
`
`
`28 U.S.C. § 1391(b). “The district court of a district in which is filed a case laying
`venue in the wrong division or district shall dismiss, or if it be in the interest of
`justice, transfer such case to any district or division in which it could have been
`brought.” 28 U.S.C. § 1406(a) (emphasis added).
`
`
`Factors considered in deciding whether a transfer is in the interests
`of justice include whether the claims would be barred by a statute of
`limitations if filed anew in the proper forum, E.g. Haugh v. Booker,
`210 F.3d 1147, 1150 (10th Cir. 2000) (citing Coleman v. United
`States, 106 F.3d 339, 341 (10th Cir. 1997)), whether the claims
`alleged are likely to have merit, E.g. Haugh, 210 F.3d at 1150
`(citing Phillips, 173 F.3d at 610), and whether the claims were filed
`in good faith or if, on the other hand, it was clear at the time of filing
`that the court lacked the requisite jurisdiction, Trierweiler, 90 F.3d
`at 1544 (“[I]t is not in the interest of justice to transfer where a
`plaintiff either realized or should have realized that the forum in
`which he or she filed was improper.”).
`
`
`Young v. State Government of Oklahoma, 98 Fed. Appx. 760, 763-764 (10th Cir.
`2004).
`
`The vast majority of Defendants do not reside in New Mexico. There are
`
`no allegations that the acts and omissions giving rise to Plaintiff’s claims occurred
`in New Mexico. The subject property is situated in Florida. The Complaint fails
`to state a claim upon which relief can be granted for many of the Defendants
`because it does not explain what each Defendant did to Plaintiff, when each
`Defendant did it, and what specific legal right Plaintiff believes each Defendant
`violated. See Nasious v. Two Unknown B.I.C.E. Agents, at Arapahoe County
`Justice Center, 492 F.3d 1158, 1163 (10th Cir. 2007) (“[T]o state a claim in federal
`court, a complaint must explain what each defendant did to him or her; when the
`defendant did it; how the defendant’s action harmed him or her; and, what specific
`legal right the plaintiff believes the defendant violated”). Furthermore, the
`Complaint does not contain factual allegations showing that the Court has personal
`jurisdiction over the nonresident Defendants. See Dental Dynamics, LLC v. Jolly
`Dental Group, LLC, 946 F.3d 1223, 1228 (10th Cir. 2020) (plaintiff bears burden
`of establishing personal jurisdiction).
`
`
`
`
`
`- 8 -
`
`

`

`Case 1:25-cv-00139-JB-SCY Document 6 Filed 04/02/25 Page 9 of 10
`
`
`Order Granting Application to Proceed In Forma Pauperis and Order to Show Cause at 2-4, filed
`
`February 12, 2025 (Doc. 4)(“Order”). Magistrate Judge Yarbrough orders Gilberti to: (i) show
`
`cause why the Court should not dismiss or transfer this case; and (ii) file an amended complaint.
`
`See Order at 5. Gilberti did not show cause or file an amended complaint by the March 5, 2025,
`
`deadline. Gilberti has not responded yet to the Order at the time the Court enters this Memorandum
`
`Opinion and Order.
`
`LAW REGARDING PRO SE LITIGANTS
`
`When a party proceeds pro se, a court construes his or her pleadings liberally, and holds
`
`them “to a less stringent standard than [that applied to] formal pleadings drafted by lawyers.” Hall
`
`v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). “[I]f the Court can reasonably read the
`
`pleadings to state a valid claim on which [Plaintiff] could prevail, it should do so despite failure to
`
`cite proper legal authority, his confusion of various legal theories, his poor syntax and sentence
`
`construction, or his unfamiliarity with pleading requirements.” Hall v. Bellmon, 935 F.2d at 1110.
`
`The Court, however, will not “assume the role of advocate for the pro se litigant.” Hall v. Bellmon,
`
`935 F.2d at 1110. “[P]ro se status does not excuse the obligation of any litigant to comply with
`
`the fundamental requirements of the Federal Rules of Civil and Appellate Procedure.” Ogden v.
`
`San Juan Cnty., 32 F.3d 452, 455 (10th Cir. 1994).
`
`ANALYSIS
`
`Having carefully reviewed the Complaint, and the relevant law, the Court dismisses this
`
`action without prejudice. Venue is not proper in the District of New Mexico, because: (i) the vast
`
`majority of Defendants do not reside in New Mexico; (ii) there are no allegations that the acts and
`
`omissions giving rise to Gilberti’s claims occurred in New Mexico; and (iii) the subject property
`
`
`
`
`
`- 9 -
`
`

`

`Case 1:25-cv-00139-JB-SCY Document 6 Filed 04/02/25 Page 10 of 10
`
`is situated in Florida. See 28 U.S.C. § 1391(b) (“A civil action may be brought in--(1) a judicial
`
`district in which any defendant resides, if all defendants are residents of the State in which the
`
`district is located; (2) a judicial district in which a substantial part of the events or omissions giving
`
`rise to the claim occurred, or a substantial part of property that is the subject of the action is
`
`situated”).
`
`It is not in the interest of justice to transfer this case. See 28 U.S.C. § 1406(a) (“The district
`
`court of a district in which is filed a case laying venue in the wrong division or district shall dismiss,
`
`or if it be in the interest of justice, transfer such case to any district or division in which it could
`
`have been brought.”). The Complaint does not state a claim upon which relief can be granted for
`
`many of the approximately 250 Defendants. See Young v. State Government of Oklahoma, 98
`
`Fed. App’x 760, 763-764 (10th Cir. 2004)(“Factors considered in deciding whether a transfer is in
`
`the interests of justice include . . . whether the claims alleged are likely to have merit.”).
`
`Magistrate Judge Yarbrough, after notifying Gilberti that it appears that the District of New
`
`Mexico is not the proper venue for this case, orders Gilberti to show cause why the Court should
`
`not dismiss or transfer this case, and to file an amended complaint. See Order at 5. The deadline
`
`to amend was March 5, 2024. See Order at 5. Gilberti does not show cause why the Court should
`
`not dismiss this case; nor does Gilberti file an amended complaint. The Court, therefore, dismisses
`
`this action.
`
`
`
`IT IS ORDERED that this action is dismissed without prejudice.
`
`________________________________
`UNITED STATES DISTRICT JUDGE
`
`Parties:
`Joseph D. Gilberti
`Sarasota, Florida
`
`Plaintiff pro se
`
`
`
`
`
`
`
`- 10 -
`
`