Methven & Associates Professional Corporation v. Paradies-Stroud et al

Filing 86

ORDER IMPOSING SANCTIONS AND REVOKING PRO HAC VICE STATUS. Signed by Judge JEFFREY S. WHITE on 12/19/13. (jjoS, COURT STAFF) (Filed on 12/19/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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METHVEN AND ASSOCIATES
PROFESSIONAL CORPORTATION,

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No. C 13-01079 JSW

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v.
For the Northern District of California

United States District Court

Plaintiff,
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ORDER IMPOSING SANCTIONS
AND REVOKING PRO HAC VICE
STATUS

SCARLETT PARADIES-STROUD, as
administrator of the ESTATE OF ANDREW
B. STROUD, et al.,

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Defendants.
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/

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On December 5, 2013, the Court issued an Order to Show Cause (“OSC”) to Mr.

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Robinson, counsel for Scarlett Paradies-Stroud (“Paradies-Stroud”) as the administrator of the

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Estate of Andrew B. Stroud (“Stroud Estate”), Andy Stroud, Inc. (“ASI”), and Stroud

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Productions and Enterprises, Inc. (“SPE”) (collectively referred to as “Stroud Defendants”) as

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to why he should not be personally sanctioned in the amount of $5,000 and why his pro hac

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vice status on behalf of the Stroud Defendants should not be revoked. The Court has repeatedly

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admonished Mr. Robinson to abide by the Standards of Professional Conduct set forth in Civil

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Local Rule 11-4, which include “practic[ing] with the honesty, care, and decorum required for

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the fair and efficient administration of justice” and “discharg[ing] his ... obligations to his ...

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client and the Court.” In his response to the OSC, Mr. Robinson takes absolutely no

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responsibility for any of his actions and shows no contrition. Based on his failure to do so, the

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Court has no assurance that Mr. Robinson will stop making statements in court filings that are

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at best disingenuous, that Mr. Robinson will practice with care, or that he will comply with

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Court Orders and the Local Rules.

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Accordingly, the Court HEREBY imposes sanctions against Mr. Robinson in the

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amount of $5,000, to be paid by him personally by no later than January 6, 2014 and

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REVOKES Mr. Robinson’s pro hac vice status. Mr. Robinson shall serve a copy of this Order

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on Paradies-Stroud as the administrator of the Stroud Estate, ASI, and SPE by no later than

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December 23, 2013 and shall file a proof of such service by no later than December 27, 2013.

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Mr. Robinson is directed to attach a copy of this Order to any future pro hac vice application in
this district court.

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For the Northern District of California

United States District Court

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See Rowland v. California Men’s Colony, 506 U.S. 194, 201-02 (1993); Civil Local Rule 3-

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9(b). ASI and SPE shall obtain new counsel and have such new counsel file an appearance by

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January 17, 2014.

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ASI and SPE are corporations and, thus, cannot represent themselves.

With respect to Paradies-Stroud, it is not yet clear whether she may proceed pro se or

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must retain counsel in order to appear on behalf of the estate of Andrew B. Stroud. An attorney

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must represent a personal representative of an estate where the estate has multiple beneficiaries

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and creditors. See Simon v. Harford Life, Inc., 546 F.3d 661, 664 (9th Cir.2008) (“... courts

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have routinely adhered to the general rule prohibiting pro se plaintiffs from pursuing claims on

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behalf of others in a representative capacity”); Pridgen v. Andresen, 113 F.3d 391, 393 (2nd

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Cir. 1997); Warth v. Seldin, 422 U.S. 490, 499 (1975) (a claimant “must assert his own legal

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rights and interests, and cannot rest his claim to relief on the legal rights or interests of third

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parties”) (quotation omitted); see also C.E. Pope Equity Trust v. United States, 818 F.2d 696,

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697-98 (9th Cir. 1987) (trustee attempting to represent a trust pro se was not, pursuant to 28

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U.S.C. § 1654, a “party” conducting his “own case personally” as he was not the beneficial

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owner of the claims being asserted).

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Paradies-Stroud is Ordered to Show Cause in writing whether she intends to appear pro

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se or through new counsel. If she intends to proceed pro se, she must demonstrate that she is

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the sole beneficiary to the estate of Andrew Stroud and that there are no other beneficiaries or
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creditors. Paradies-Stroud shall provide this statement, and supporting evidence, by no later

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than January 17, 2014. If she intends to obtain new counsel, such counsel shall file an

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appearance by January 17, 2014.

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IT IS SO ORDERED.

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Dated: December 19, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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