Nelson LAC v. Nationstar Mortgage LLC

Filing 120

ORDER signed by District Judge Kimberly J. Mueller on 9/3/2016 ORDERING that Mr. Bolanos is suspended from practice in this district for a minimum of 60 days; the matter is referred to the California State Bar; Mr. Bolanos is directed to add this c ourt to the service list in the pending state bar disciplinary proceedings; and Mr. Bolanos's name is removed from this district's list of available pro bono attorneys. (cc: California State Bar, Pro Bono Panel Administrator, and Mr. Bolanos. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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No. 2:15-cv-00523-KJM-DB

NELSON LAC,
Plaintiff,

ORDER

v.
NATIONSTAR MORTGAGE, LLC,
Defendant.

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On June 24, 2016, the court ordered Aldon Bolanos, counsel for plaintiff Nelson

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Lac, to show cause why he should not be sanctioned for practicing law during his suspension

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from practice by the California State Bar. ECF No. 98. Mr. Bolanos responded in declarations

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filed on June 27 and 28, 2016. ECF Nos. 99 & 101. On August 17, 2016, the court issued an

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order setting forth its findings. ECF No. 108. The court gave Mr. Bolanos notice of the sanctions

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it intended to impose and set an ex parte hearing on the matter. Id. Mr. Lac submitted and the

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court approved a substitution of counsel before the hearing, ECF Nos. 112 & 113, so the court

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excused Mr. Lac’s appearance at the hearing, ECF No. 113.

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The court held the ex parte hearing on September 1, 2016, at which Mr. Bolanos

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appeared. Mr. Bolanos did not object to the court’s proposed sanctions, but requested that the

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court’s proposed sixty-day suspension not be extended through the termination of any sanctions
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imposed by the California Supreme Court in the pending state bar disciplinary proceedings, In re

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Bolanos, No. 12-O-12167 (Cal. State Bar. Ct. filed Dec. 23, 2015). He represented that the state

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bar disciplinary proceedings would likely not conclude and his sanctions would likely not become

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effective for at least two years. Mr. Bolanos also requested that this court’s sixty-day suspension

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begin after he finishes a confirmed trial set for September 26, 2016 in another case in this district,

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Singh v. Pooni, No. 2:14-cv-02146 (filed Sept. 15, 2014). He represented that his client in that

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matter knows about the state bar disciplinary proceedings and would like Mr. Bolanos to continue

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representing him through trial. Mr. Bolanos represented that he does not have any other cases in

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this district.

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The timing of Mr. Bolanos’s suspension implicates competing interests. On the

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one hand, if his suspension begins immediately, the court in the Singh case may be required to

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continue the confirmed trial to allow Mr. Bolanos’s client to obtain new counsel. On the other

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hand, the court has an interest in enforcing the Local Rules and protecting its standards of

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professional conduct. In light of the severity of Mr. Bolanos’s multiple violations, the court finds

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it appropriate for Mr. Bolanos’s suspension to begin immediately. However, the court finds it is

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not necessary to extend his suspension through the termination of any sanctions imposed by the

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California Supreme Court, given the order requiring service below.

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Accordingly, the court makes the following orders:

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(1) As of the date this order is filed, Mr. Bolanos is suspended from practice in this

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district for a minimum of sixty days, with the requirement that thereafter he submit a pre-

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reinstatement declaration, which must be accepted by the court before reinstatement, explaining

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the steps he has taken to familiarize himself with this court’s local rules and all other rules of

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professional conduct applicable to practicing attorneys.

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(2) This matter is referred to the California State Bar, and the Clerk of the Court is

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directed to send a copy of this order to the Office of Chief Trial Counsel, The State Bar of

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California, 845 South Figueroa St., Los Angeles, California 90017-2515.

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(3) Mr. Bolanos is directed to add this court to the service list in the pending state
bar disciplinary proceedings, In re Bolanos, No. 12-O-12167 (Cal. State Bar. Ct. filed Dec. 23,
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2015). Service should be directed to the undersigned and should reference this case, Lac v.

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Nationstar Mortgage, LLC, 2:15-cv-00523-KJM-DB.

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(3) Mr. Bolanos’s name is removed from this district’s list of available pro bono

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attorneys. The Clerk of the Court is directed to serve a copy of this order on the court’s Pro Bono

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Panel Administrator Sujean Park for the purpose of effecting this removal.

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IT IS SO ORDERED.
DATED: September 3, 2016.

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UNITED STATES DISTRICT JUDGE
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