Schafler v. Judge Newsome, et al.,

Filing 15

ORDER OF REFERRAL (SI, COURT STAFF) (Filed on 10/25/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PEPI SCHAFLER, MSS JD,

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United States District Court
For the Northern District of California

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No. C 11-3175 SI

Plaintiff/Petitioner,

ORDER OF REFERRAL

v.
RANDALL NEWSOME et al.,
Defendants/Respondents.

/

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This action was originally opened as a miscellaneous case, C 10-80137 MISC VRW. After

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Judge Walker retired, the miscellaneous case was reassigned to Chief Judge Ware. Judge Ware referred

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the case to Judge Hamilton for determination of whether this case was barred by a pre-filing order

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previously issued by Judge Hamilton; Judge Hamilton determined that it was not. Accordingly, in an

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order filed June 24, 2011, Judge Ware directed the Clerk to close the miscellaneous action, and to open

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a new civil action. This new civil action, C 11-3175 SI, was assigned to this Court.

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Ms. Schafler has filed this action as a petition for habeas corpus against defendants/respondents

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Chief Judge Randall Newsome of the United States Bankruptcy Court for the Northern District of

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California, Richard J. Spear and Dennis D. Davis. The petition arises out of Ms. Schafler’s bankruptcy

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proceedings presided over by Judge Newsome, and in which Mr. Spear was the bankruptcy trustee and

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Mr. Davis was Mr. Spear’s attorney.

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On October 24, 2011, defendants/respondents Spear and Davis filed an “Opposition to Amended

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Petition for Writ of Habeas Corpus.” Defendants/respondents contend that the petition should be

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dismissed for numerous reasons, including that Ms. Schafler is subject to another vexatious litigant pre-

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filing order issued by Judge Breyer on October 28, 2004 in Schafler v. Newsome et al., C 04-2535 CRB.

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See Defs’ Opp’n, Ex. G & H.

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The present case appears to be subject to the terms of Judge Breyer’s October 28, 2004 vexatious

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litigant order. That order enjoins Ms. Schafler from suing Judge Newsome, Richard Spear, the law firm

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of Goldberg, Stinnett, Meyers & Davis, and other individuals associated with Ms. Schafler’s bankruptcy

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proceedings unless and until such an action is first approved by Judge Breyer. Accordingly, the Court

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sua sponte refers this case to Judge Breyer for a determination of whether this action is permitted under

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the terms of the vexatious litigant order.

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: October 25, 2011
SUSAN ILLSTON
United States District Judge

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