1:26-cv-00201•Bergeron v. Bergeron et al
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Deborah A. Bergeron v. Case No. 26-cv-201-JL-AJ Eric P. Bergeron, L. Johnathan Ross, Jeffrey Gaumont, Scott W. Murray, and Keely Noyes Report and Recommendation Plaintiff Deborah A. Bergeron, appearing pro se, brings this action arising out of the divorce proceeding between her and defendant Eric Bergeron. See Doc. No. 1 (Complaint). Defendants Johnathan Ross and Jeffrey Gaumont were attorneys involved in the proceeding, defendant Judge Scott Murray presided over the proceeding, and defendant Keely Noyes acted as a mediator between the parties. Ms. Bergeron’s complaint is before the undersigned magistrate judge for a report and recommendation on preliminary review pursuant to 28 U.S.C. § 1915(e)(2) and Local Rule 4.3(d)(2). For the following reasons, the district judge should dismiss Ms. Bergeron’s complaint because her claims against Judge Murray and Ms. Noyes are barred by judicial and quasi-judicial immunity and the court should decline to exercise supplemental jurisdiction over the remaining state law claims. Case 1:26-cv-00201-JL-AJ Document 5 Filed 05/13/26 Page 1 of 11
2 Legal Standard The court conducts a preliminary review of complaints filed by plaintiffs, like Ms. Bergeron, who are permitted to proceed without prepaying the filing fee. See 28 U.S.C. § 1915(e)(2); L.R. 4.3(d)(2). The court may dismiss claims, sua sponte, if the court lacks jurisdiction, a defendant is immune from the relief sought, or the plaintiff fails to allege facts to state a claim upon which relief may be granted. See id. The court treats as true all well-pleaded factual allegations, and construes reasonable inferences in Ms. Bergeron’s favor. See Ocasio-Hernandez v. Fortuno-Burset, 640 F.3d 1, 12 (1st Cir. 2011). Because Ms. Bergeron proceeds pro se, the court construes her pleading liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curium). Background The court derives the following facts from Ms. Bergeron’s complaint in accordance with the standard of review. Ms. Bergeron and Mr. Bergeron were once married. At some point, Ms. Bergeron suffered a serious fall resulting in head injuries and broken wrists. Following her fall, in March 2024, Mr. Bergeron left Ms. Bergeron and initiated a divorce proceeding in the 6th Circuit – Family Division – Franklin. Judge Murray presided over that proceeding. Attorney Gaumont, Case 1:26-cv-00201-JL-AJ Document 5 Filed 05/13/26 Page 2 of 11
3 representing Ms. Bergeron, filed a cross-petition for divorce. Attorney Gaumont did not submit supportive evidence. Attorney Gaumont ultimately withdrew from his representation of Ms. Bergeron. Attorney Ross filed a motion Ms. Bergeron alleges was inadmissible and slanderous. Ms. Bergeron alleges that Judge Murray deleted “divorce record” two weeks after the final hearing and withheld discovery from the hearing. Judge Murray declined to appoint counsel for Ms. Bergeron despite her report that medications she took for her mental health disability caused mind altering effects, exacerbating her stress. Ms. Bergeron alleges that Judge Murray did not consider her health. She alleges that, at one point, Attorney Ross, Mr. Bergeron, and Judge Murray went into chambers during a hearing on a motion for reconsideration, leaving Ms. Bergeron alone in the courtroom. Ms. Bergeron alleges that she was entitled to spousal support from Mr. Bergeron. She alleges that Mr. Bergeron hid assets totaling over $30 million not disclosed in his financial affidavit. Ms. Bergeron asserts that Mr. Bergeron earns almost one million dollars a year, owns four properties, and has seven bank accounts from which he withdraws $5,000 daily. She also alleges that Mr. Bergeron has claimed her as a dependent on his federal taxes. Case 1:26-cv-00201-JL-AJ Document 5 Filed 05/13/26 Page 3 of 11
4 Attorney Ross told Ms. Bergeron that any money she received could not be used to obtain counsel. At some point, the parties engaged in court-sponsored mediation. Ms. Noyes served as the mediator. Ms. Bergeron alleges that this posed a conflict of interest because Ms. Noyes previously worked at Attorney Ross’s law firm. There, Mr. Bergeron was “not present” and Attorney Ross did all the speaking. During mediation, Ms. Bergeron requested spousal support. Ms. Noyes asked why Ms. Bergeron felt she was entitled to spousal support. Ms. Bergeron responded that she was unable to support herself as a disabled person. Attorney Ross told Ms. Bergeron that if she did not “sign off from spousal support,” she would not get any money. Ms. Bergeron alleges that neither she nor Mr. Bergeron went before a judge to sign spousal support. She also contends that she never went to court to sign divorce papers. Attorney Ross sent them via USPS and told her to sign and return them. She alleges that they were not notarized. Ms. Bergeron alleges that Attorney Gaumont only went to one hearing but charged her almost $10,000. She asserts that his bill of lading is missing $3,500 in payments. Ms. Bergeron called Attorney Gaumont to refund her money. He did not return her calls. On March 13, 2026, she went to his office to ask for Case 1:26-cv-00201-JL-AJ Document 5 Filed 05/13/26 Page 4 of 11
5 a refund. Attorney Gaumont became aggressive and lunged at her, screaming at her to get out of his office. Ms. Bergeron contends that Mr. Bergeron has not complied with a court order to pay her $13,950. She alleges that Attorney Ross instructed him not to do so. Ms. Bergeron asserts that, at one point, Mr. Bergeron threatened to have her beat up at a storage unit. Discussion In her complaint, Ms. Bergeron does not enumerate specific causes of action against the defendants. In her civil cover sheet, however, she notes causes of action for “hidden assets”, “violation disabled respondent/[Ms. Bergeron] on mediations and severely injured”, and “violation constitutional rights, case deleted illegally 2 [weeks] [after] hearing.” See Doc. No. 1-1. Ms. Bergeron does not lay out the forms of relief she seeks but, at minimum, the court understands that she seeks the institution of a spousal support payment structure. The court begins with the claims against Judge Murray and Ms. Noyes. Regardless of the precise legal theory Ms. Bergeron is pursuing, Judge Murray and Ms. Noyes are immune from suit. “The doctrine of absolute judicial immunity for judges seeks to ensure that judges, ‘in exercising the authority vest in them, shall be free to act upon their own convictions, Case 1:26-cv-00201-JL-AJ Document 5 Filed 05/13/26 Page 5 of 11
6 without apprehension of personal consequences to themselves’ from lawsuits filed by disappointed litigants.” Suny v. KCP Advisory Grp., LLC, 152 F.4th 25, 29 (1st Cir. 2025) (quoting Bradley v. Fisher, 80 U.S. 335, 347 (1871)). “To achieve that aim, it bars all claims against judges for acts done ‘in the exercise of their judicial functions.’” Id. (quoting Butz v. Economou, 438 U.S. 478, 508 (1978)). The application of judicial immunity “depends on the nature of the functions performed and ‘the effect that exposure to particular forms of liability would likely have on the appropriate exercise of those functions.’” Id. (quoting Forrester v. White, 484 U.S. 219, 224 (1988)). “In other words, absolute judicial immunity protects only ‘truly judicial’ — i.e., adjudicative — acts, and not ‘administrative, legislative, or executive functions that judges may on occasion be assigned by law to perform.’” Id. at 30 (quoting Forrester, 484 U.S. at 227). Ms. Bergeron alleges that Judge Murray “deleted divorce record [two weeks after] final hearing before divorce [was] final, withheld disc [sic] from hearing,” held an in chambers conference with Mr. Bergeron and counsel without her, and declined to award Ms. Bergeron spousal support despite knowing of her health problems. Doc. No. 1. Judge Murray’s alleged conduct was an exercise of his judicial functions. Though Ms. Case 1:26-cv-00201-JL-AJ Document 5 Filed 05/13/26 Page 6 of 11
7 Bergeron may allege that Judge Murray purposefully interfered with the proceeding, negatively impacting its result, that does not bar immunity. Under the doctrine of judicial immunity, “[a] judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority.” Stump v. Sparkman, 435 U.S. 349, 356 (1978). Accordingly, Judge Murray is immune from suit for the conduct alleged by Ms. Bergeron and any claims against him should be dismissed on that basis. See Thomas v. Wilkins, 61 F. Supp. 3d 13, 19 (D.D.C. 2014) (applying judicial immunity to bar the plaintiffs claims where he alleged that a judge sabotaged his case by “falsifying documents, destroying documents and infiltrating the administrative office of the clerk to perpetuate his malicious endeavors”); cf. Palowsky v. Benson, No. 23-760, 2025 WL 540459, at *4 (W.D. La. Feb. 18, 2025) (analyzing quasi-judicial immunity and noting that “courts have specifically held that clerks are entitled to immunity even when alleged to have destroyed filings”). The court next addresses whether the claims against Ms. Noyes are likewise barred by quasi-judicial immunity. “Quasi- judicial immunity, as the name suggests, is an outgrowth of judicial immunity created to address the fact that certain judicial functions are performed by nonjudicial actors.” Suny, Case 1:26-cv-00201-JL-AJ Document 5 Filed 05/13/26 Page 7 of 11
8 152 F.4th at 30. The doctrine applies to “non-judges who act in a judicial capacity, meaning that they ‘exercise a discretionary judgment’ in helping resolve disputes between the parties.” Id. (quoting Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 436 (1993)). “Said differently, it extends to persons who, ‘irrespective of their title, perform functions essentially similar to those of judges in a setting similar to that of a court.’” Id. (quoting Bettencourt v. Bd. of Registration in Med. of Mass., 904 F.2d 772, 782 (1st Cir. 1990)). Under that principle, the doctrine has been extended to court-appointed mediators. See Williams v. Truesdell, No. 2:25-cv-00301-BHH- MHC, 2025 WL 2324828, at *6 (D.S.C. May 2, 2025) (collecting cases for the proposition that court-appointed mediators are entitled to quasi-judicial immunity); DeSouza v. Kennedy, No. 3:16-cv-01126, 2017 WL 3431393, at *5 (D. Conn. Aug. 9, 2017) (same). Ms. Noyes, as a court-appointed mediator, is entitled to quasi-judicial immunity for the conduct Ms. Bergeron alleges. In her role as a court-appointed mediator, Ms. Noyes exercised discretionary judgment in helping resolve the dispute between Ms. Bergeron and Mr. Bergeron. Ms. Noyes was acting within her jurisdiction despite any alleged conflict of interest. See Mireles v. Waco, 502 U.S. 9, 11–12 (1991) (explaining that Case 1:26-cv-00201-JL-AJ Document 5 Filed 05/13/26 Page 8 of 11
9 judicial immunity is not overcome by allegations of bad faith or malice). Accordingly, any claims against Ms. Noyes should be dismissed because she is immune. Having concluded the claims against Judge Murray and Ms. Noyes are barred by the doctrines of judicial and quasi-judicial immunity, the court turns to the claims against Mr. Bergeron and Attorneys Ross and Gaumont. Ms. Bergeron’s claims against those defendants are grounded in state law. When only state-law claims remain, “it is generally appropriate for a federal court to decline to exercise supplemental jurisdiction over any remaining state-law claims.” Dispensa v. Nat. Conf. of Catholic Bishops, No. 19-cv-556-LM, 2020 WL 2573013, at *12 (D.N.H. May 21, 2020) (citing 28 U.S.C. § 1367(c)(3); Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988)). Nothing in this case provides good cause for deviating from that general rule. See Carlsbad Tech., Inc. v. HIF Bio, Inc., 556 U.S. 635, 639 (2009) (“A district court’s decision whether to exercise [supplemental] jurisdiction after dismissing every claim over which it had original jurisdiction is purely discretionary.”). Because diversity jurisdiction is not appropriate here, see BRT Mgmt. LLC v. Malden Storage LLC, 68 F.4th 691, 695 (1st Cir. 2023) (noting that diversity jurisdiction under 28 U.S.C. § 1332(a) requires complete diversity; “that is, no plaintiff may Case 1:26-cv-00201-JL-AJ Document 5 Filed 05/13/26 Page 9 of 11
10 be a citizen of the same state as any defendant”); Doc. No. 1 (noting Mr. Bergeron’s New Hampshire residence), and Ms. Bergeron’s claims are either barred by judicial immunity or based on state law, the court should decline to exercise supplemental jurisdiction and dismiss Ms. Bergeron’s state law claims without prejudice to being filed in a court of competent jurisdiction. Conclusion For the foregoing reasons, the district judge should dismiss Ms. Bergeron’s claims against Judge Murray and Ms. Noyes and decline to exercise supplemental jurisdiction over the remaining state law claims. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). The fourteen-day period may be extended upon motion. Only those issues raised in the objection(s) to this Report and Recommendation are subject to review in the district court. See Sch. Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010). Any issues not preserved by such objection(s) are precluded on appeal. See id. Failure to file specific written objections to the Report and Recommendation within the specified time waives the right to appeal the district court’s order. See Santos- Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016). Case 1:26-cv-00201-JL-AJ Document 5 Filed 05/13/26 Page 10 of 11
11 __________________________ Andrea K. Johnstone United States Magistrate Judge May 13, 2026 cc: Deborah A. Bergeron, pro se Case 1:26-cv-00201-JL-AJ Document 5 Filed 05/13/26 Page 11 of 11
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