Patricia Barry et al v. Sherrie Honer et al
Filing
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ORDER SUA SPONTE DISMISSING PLAINTIFFS' CASE by Judge Cormac J. Carney. Case Terminated. Made JS-6. (es)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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SOUTHERN DIVISION
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) Case No.: SACV 17-01032-CJC(JCGx)
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PATRICIA BARRY AND KIRSTEN
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COOK,
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) ORDER SUA SPONTE DISMISSING
Plaintiffs,
) PLAINTIFFS’ CASE
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v.
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SHERRIE HONER, CHARLES
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MARGINES, KENNETH ALAN
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COOK, AND SUPERIOR COURT OF )
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CALIFORNIA, ORANGE COUNTY, )
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Defendants.
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On June 14, 2017, Plaintiffs Patricia Barry and Kirsten Cook filed this case against
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Orange County Superior Court Judge Sherrie Honer, Orange County Superior Court
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Presiding Judge Charles Margines, Kenneth Alan Cook, and the Orange County Superior
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Court itself. (Dkt. 1.) Inter alia, their Complaint alleges that Judge Honer violated their
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due process rights through various rulings and procedural decisions, (id. ¶¶ 49–59), seeks
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declaratory relief that Judges Honer and Margines violated the Supremacy Clause of the
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United States Constitution and their state court oaths of office, (id. ¶¶ 60–63), that Alan
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Cook conspired with Judge Honer to interfere with Kirsten Cook’s civil rights, (id. ¶¶
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65–68), and that Orange County Superior Court is vicariously liable for Judge Margines’
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failure to refer Judge Honer to the California Commission on Judicial Performance
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(“CJP”) and Judge Honer’s unconstitutional interference with Kirsten Cook’s
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constitutional rights, (id. ¶¶ 69–76). They seek compensatory and punitive damages from
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Judge Honer; an Order directing Judge Honer to vacate and set aside her May 12, 2017,
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order; a declaratory judgment that (1) Judge Honer lacked subject matter jurisdiction
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while a prior case from this Court involving Barry, Kirsten Cook, and Alan Cook was on
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appeal, (2) Judge Margines failed to train and education Judge Honer, and (3) Judge
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Margines failed to refer her to the CJP; and an injunction ordering Orange County
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Superior Court to “provide meaningful training to all judges regarding subject matter
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jurisdiction, reporting unethical judges, . . . and other issues related to misconduct as
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alleged in [the C]omplaint.” (Id. at Prayer.)
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The Complaint purports to primarily be based on Judge Honer’s order directing
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Kirsten Cook to remove material from a website that Kirsten Cook and Barry linked to in
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briefing in a prior case before this Court, Cook v. Dragna et al., Case No. 15-01448
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CJC(JCGx). Kirsten Cook and Barry seem to believe that Judge Honer’s order regarding
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the website somehow impacted their ability to produce documents in the Cook v. Dragna
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case. (See Dkt. 1 ¶¶ 2–4, 11, 23.) However, much of the complaint regurgitates various
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conspiratorial allegations made in the Cook v. Dragna case against various individuals.
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(E.g., id. ¶¶ 6–7, 15–18, 34–42, 45.)
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Simply stated, Kirsten Cook and Barry’s Complaint is patently frivolous. Their
claims are barred by, inter alia, judicial immunity, res judicata, and the Anti-Injunction
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Act. It offends this Court and our Federal system to be asked to serve as an appellate
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forum to relitigate unfavorable decisions in the Superior Court. That is a function this
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Court cannot, should not, and will not countenance. Furthermore, Judge Honer’s
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purported order on their publically-available website did not infringe on any order of this
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Court nor did it in any way usurp this federal jurisdiction. As there is unequivocally no
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legal or factual basis for their claims, the Court DISMISSES them WITH PREJUDICE.
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The Court is quite troubled by Kirsten Cook and Barry’s propensity to abuse the
judicial process by filing baseless lawsuits. Their conduct verges on being vexatious.
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The Court reminds them in the strongest terms that Federal Rule of Civil Procedure 11
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applies to them and bars them from bringing claims, such as these, which wholly lack a
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factual or legal basis. Rule 11 mandates that filings not be made for improper purposes,
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such as to harass; that they make legal claims warranted by existing law or by a
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nonfrivolous argument for extending, modifying, or reversing existing law or establishing
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new law; and that their factual contentions have or are likely to have evidentiary support.
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The Court hereby WARNS Kirsten Cook and Barry that further filings that contravene
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Rule 11 may result in sanction proceedings.
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DATED:
June 27, 2017
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CORMAC J. CARNEY
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UNITED STATES DISTRICT JUDGE
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