Moon v. Hak Ja Han Moon, 19 Civ. 1705 (NRB)
| Decision Date | 19 December 2019 |
| Docket Number | 19 Civ. 1705 (NRB) |
| Parties | HYUNG JIN "Sean" MOON , Plaintiff, v. HAK JA HAN MOON , Holy Spirit Association for the Unification of World Christianity, the Family Federation for World Peace and Unification International, Hyo Yul "Peter" Kim, Douglas D. M. Joo, Chang Shik Yang, Ki Hoon Kim, Michael W. Jenkins, Michael Balcomb, Farley Jones, Alexa Ward, and John Does 1-6, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Jonathan Garland Polak, Taft Stettinius & Hollister LLP, Indianapolis, IN, Philip Yvan Kouyoumdjian, Taft Stettinius & Hollister LLP, Chicago, IL, for Plaintiff.
Alan I. Horowitz, Brian A. Hill, James A. Bensfield, Laura G. Ferguson, Michael J. Satin, Miller & Chevalier Chartered, Washington, DC, for Defendants Hak Ja Han Moon, Holy Spirit Association for the Unification of World Christianity, Family Federation for World Peace and Unification International, Ki Hoon Kim.
Laura G. Ferguson, Miller & Chevalier Chartered, Washington, DC, for Defendants Douglas D.M. Joo, Chang Shik Yang, Michael W. Jenkins, Michael Balcomb.
Before the Court is a dispute over control of the South Korea-based Unification Church and related entities, including the Family Federation for World Peace and Unification International ("Family Federation") and the Holy Spirit Association for the Unification of World Christianity ("HSA-UWC").1 Plaintiff Hyung Jin "Sean" Moon, the son of Unification Church founder Reverend Sun Myung Moon ("Rev. Moon") and defendant Hak Ja Han Moon ("Mrs. Moon"), brings this action to, inter alia , confirm that he, rather than his mother, is the rightful "Leader of Family Federation and the Unification Church as authorized and appointed by Rev. Moon." FAC ¶ 2.2
Before the Court are defendants' motions to dismiss. For the reasons that follow, those motions are granted in their entirety.
This action arises from a succession dispute that followed the death in 2012 of Unification Church founder Rev. Moon. Plaintiff alleges that defendants have engaged in a variety of tortious and conspiratorial conduct to remove plaintiff from several positions of leadership within various Unification Church organizations, including his positions as (1) International President and agent of Family Federation; (2) successor "Leader"4 of the Unification Church and Family Federation; and (3) President of HSA-UWC (USA).
The relevant events began in April of 2008, when Rev. Moon appointed plaintiff to the position of International President of Family Federation. FAC ¶ 39. Thereafter, by way of three "coronation ceremonies" held in January of 2009, Rev. Moon publicly confirmed plaintiff's appointment to the post of "successor Leader of Family Federation and the Unification Church worldwide." FAC ¶ 48. Plaintiff's appointment as successor to Rev. Moon, which plaintiff alleges was separate from and in addition to plaintiff's appointment as International President of Family Federation, FAC ¶ 53, was further confirmed in 2010, when Rev. Moon purportedly "prepared and signed a written proclamation in which he appointed Sean Moon as his rightful heir, successor and Leader of the Unification Church worldwide,"5 FAC ¶ 52. Based on the allegations in the complaint and the materials annexed thereto, that proclamation is believed to state, in relevant part:
There is only one King of Kings, who is God, only one True Parents, throughout tens of thousands of generations, all families are the people who share a single lineage, and are the children of one heavenly kingdom. They have the same blood lineage. The Universal Peace and Unification Federation Headquarters is the absolute and unique Headquarters. There cannot be two Headquarters ... Its representative and inheritor is Hyung Jin Moon. Anybody else is a heretic and a destroyer. This is the proclamation of the True Parents.
Plaintiff further alleges that, after Rev. Moon's death, defendant Mrs. Moon "coerced [plaintiff] to leave Korea and move to the United States to serve as President of HSA-UWC (USA)." FAC ¶ 73. Thereafter, on February 23, 2013, the board of HSA-UWC (USA) voted to remove Sean Moon as President of that organization. FAC ¶ 76. Plaintiff remained International President of Family Federation until February of 2015, when, in "direct retaliation" for having exposed certain misdeeds of top management of Family Federation, FAC ¶¶ 83, 263, plaintiff purportedly was suspended from that role. Plaintiff maintains that, notwithstanding defendants' attempts to remove him from various positions of leadership within the Unification Church, he remains Rev. Moon's successor and "Leader" of Family Federation because Rev. Moon irrevocably appointed him to that role and "[t]here is no executive, board of directors, or other entity or individual with authority to revoke Rev. Moon's appointment of Sean Moon as Leader of Family Federation and the Unification Church." FAC ¶ 91.
Plaintiff also alleges that defendants Family Federation and Mrs. Moon have published certain false statements "disput[ing] [plaintiff's] proper authority to lead the Family Federation and Unification Church as the Leader." FAC ¶ 209. While the complaint fails to identify the specific statements that plaintiff maintains are defamatory, plaintiff attaches as exhibits to the complaint: (1) an April 18, 2015 letter from Family Federation, signed by defendants Dr. Ki Hoon Kim and Dr. Michael Balcomb,6 FAC Ex. 3; and (2) a February 22, 2018 Family Federation press release, FAC Ex. 4. The 2015 letter states, inter alia , that "[i]n [plaintiff's] current state of rebellion against True Parents, Hyung Jin Moon by his own words and actions renounced and repudiated his position as heir and representative of True Parents." FAC Ex. 3 at 3. The 2015 letter goes on to state that "because True Parents removed [plaintiff] from his former position as International President, Hyung Jin Moon has no official authority and position within our movement at this time." FAC Ex. 3 at 3. The 2018 press release states that "[s]ince the death of Rev. Moon back in 2012, Family Federation has been led by Mrs. Hak Ja Han Moon, the co-founder." FAC Ex. 4 at 2. The press release concludes with Family Federation's mission statement: "To guide America back to God through the teachings and Marriage Blessing of True Parents." FAC Ex. 4 at 3.
Finally, plaintiff asserts that as part of defendant Mrs. Moon's efforts to usurp plaintiff's authority, Mrs. Moon created the "Cheon II Guk Constitution," which established a "Supreme Council" to participate in the selection of future heads of the Unification Church following Mrs. Moon's death. FAC ¶ 117. Plaintiff claims that because he did not authorize the Cheon II Guk Constitution or the creation of the Supreme Council, both the Cheon II Guk Constitution and the Supreme Council are without legal effect. FAC ¶ 119.
A. Procedural History
Plaintiff filed the initial complaint in this case on February 22, 2019 against defendants Mrs. Moon, HSA-UWC, Family Federation, and eight individually named defendants believed to be "senior members of HSA-UWC and/or Family Federation." ECF No. 1 at ¶ 65. On April 15, 2019, the defendants that had been served filed a letter requesting a pre-motion conference in connection with their anticipated motion to dismiss. ECF No. 33. In response, plaintiff requested leave to conduct discovery as to the personal jurisdiction arguments raised by the defendants in their April 15 letter. On May 22, 2019, after this case was transferred to the undersigned,7 the Court issued an Order declining plaintiff's request for jurisdictional discovery but granting plaintiff leave to file an amended complaint if, consistent with Rule 11, plaintiff could assert additional allegations to cure the deficiencies asserted in defendants' April 15 letter. ECF No. 41.
Plaintiff thereafter filed a 275-paragraph amended complaint asserting twelve causes of action against the initially named defendants. Two of plaintiff's claims seek declaratory relief: (1) that plaintiff "is the properly authorized and appointed successor and worldwide Leader of the Unification Church and Family Federation," FAC ¶ 112 (Count I); and (2) that "the Cheon II Guk Constitution is a legal nullity, void, without authority, unenforceable and without effect" and that "the Supreme Council is not properly authorized and is without legal authority to govern the conduct or operation of Family Federation or the Unification Church and should be immediately disbanded," FAC ¶¶ 119, 120 (Count II). Plaintiff additionally asserts causes of action for breach of fiduciary duty (Counts III and IV); tortious interference with business relationship (Count V); breach of agency agreement (Count VI); breach of fiduciary duties, unjust enrichment, and constructive trust (Count VII); defamation (Count VIII); and civil RICO violations and conspiracy to commit RICO violations (Counts IX and X). Plaintiff also asserts a claim for violation of New York's Whistleblower Statute (Count XI), and seeks an accounting related to HSA-UWC and Family Federation (Count XII).
On June 28, 2019, defendants Mrs. Moon, HSA-UWC, Family Federation, and Dr. Ki Hoon Kim moved to dismiss the FAC for lack subject matter jurisdiction, lack of personal jurisdiction as to all defendants except HSA-UWC, and failure to state a claim. ECF No. 50. The Court thereafter granted leave for defendant Dr. Michael Balcomb, for whom proof of service was filed on July 1, 2019, to join the June 28 motion to dismiss and to file a supplemental brief addressing issues unique to him.8 Both motions to dismiss are presently before the Court. Also before the Court is plaintiff's motion to extend the ninety-day service deadline under Federal Rule of Civil Procedure 4(m) as to certain of the individual defendants, and to excuse untimely service on defendants ...
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