Nelson LAC v. Nationstar Mortgage LLC

Filing 150

ORDER signed by District Judge Kimberly J. Mueller on 8/10/2017 ORDERING the court DISCHARGES its 9/6/2016 suspension order. ECF No. 120 . Unless or until the California State Bar grants Bolanos the right to practice law again, however, he may not appear as an attorney in this court. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 No. 2:15-cv-00523-KJM-DB NELSON LAC, Plaintiff, ORDER v. NATIONSTAR MORTGAGE, LLC, Defendant. 16 17 18 This matter is before the court on the second request by plaintiff’s former counsel, 19 Aldon Bolanos, for reinstatement to practice in this district. ECF No. 139. On September 3, 20 2016, this court suspended Bolanos from practice in this district for a minimum of sixty days. 21 Order Sept. 6, 2016, ECF No. 120. 22 On December 8, 2016, the court denied Bolanos’s first request for reinstatement 23 because the request did not include the required sworn pre-reinstatement declaration, the request 24 was vague and unsupported, and the core reason for the request appeared moot. Order, Dec. 8, 25 2016, ECF No. 135. As discussed below, Bolanos’s second reinstatement request complies with 26 the court’s instructions and the court therefore discharges its suspension order, while noting that 27 this discharge does not render Bolanos eligible to practice law in this district or elsewhere given 28 his pending State Bar disciplinary matters. 1 1 2 I. DISCUSSION Bolanos’s suspension was a sanction in response to his consistent violations of the 3 local rules and standards of professional conduct. See generally ECF No. 120. The suspension 4 order expressly required that before Bolanos can be reinstated, the court must accept his pre- 5 reinstatement declaration that explains steps he has taken to familiarize himself with this court’s 6 local rules and all other rules of professional conduct applicable to practicing attorneys. Id. at 2. 7 To support his second request for reinstatement, Bolanos filed a sworn affidavit, 8 ECF No. 136, and an ex parte application for reinstatement accompanied by another affidavit, 9 ECF No. 139. In his affidavits, Bolanos explains that during his suspension he “print[ed], 10 b[ou]nd, and read, cover to cover, all of the Eastern District’s Local Rules” and the Federal Rules 11 of Civil Procedure and California Rules of Professional Conduct. ECF No. 136 ¶¶ 2, 4. He also 12 explains his newfound understanding of Rule 11’s prohibition on allowing another attorney to file 13 documents using his credentials, and he declares he took and passed the State Bar’s court on legal 14 ethics. Id. ¶¶ 3-4. 15 Bolanos has complied with the requirements of this court’s suspension order: He 16 filed a sworn declaration identifying what actions he took to familiarize himself with relevant 17 rules of procedure and ethics. Accordingly, the court DISCHARGES its September 6, 2016 18 suspension order. ECF No. 120. Unless or until the California State Bar grants Bolanos the right 19 to practice law again, however, he may not appear as an attorney in this court. See Case No. 20 15-O-10896, Aldon Bolanos #233915 Attorney Profile, The State Bar of California, available at 21 (reflecting Bolanos’s ineligibility to 22 practice law in California as of June 12, 2017) (last visited August 9, 2017). 23 IT IS SO ORDERED. 24 This order resolves ECF No. 139. 25 DATED: August 10, 2017. 26 27 UNITED STATES DISTRICT JUDGE 28 2

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