Bruzzone v. Intel Corporation et al

Filing 116

ORDER re 115 MOTION for Referral to Standing Committee on Professional Conduct filed by Michael A. Bruzzone. Signed by Judge Hamilton on 12/17/2015. (pjhlc1, COURT STAFF) (Filed on 12/17/2015) (Additional attachment(s) added on 12/17/2015: # 1 Certificate/Proof of Service) (jebS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL A. BRUZZONE,

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v.

ORDER

INTEL CORPORATION, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 14-cv-1279-WHA

Plaintiff,

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Before the court is plaintiff Michael A. Bruzzone’s motion, directed to the

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undersigned as Chief Judge of the U.S. District Court for the Northern District of

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California, seeking an order appointing “special counsel” and initiating “review,” through

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the court’s Standing Committee on Professional Conduct, of the conduct of the district

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judge assigned to the above-entitled action – the Hon. William H. Alsup – and counsel for

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defendant Intel Corporation. Plaintiff also requests that Judge Alsup recuse himself from

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the case pursuant to 28 U.S.C. § 455, and that the case be reassigned to another judge

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of this court.

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This case was filed on March 19, 2014 (Doc. 1). On May 21, 2014, the court

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issued an order striking the complaint, with leave to amend (Doc. 51). Briefly, the basis

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for striking the complaint was that the court had previously dismissed a False Claims qui

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tam action filed by plaintiff as the relator, in which the United States had declined to

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intervene, and in which plaintiff was improperly seeking to proceed pro se; and that the

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allegations in the present case were substantially similar, and the complaint, which

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purported to assert antitrust and RICO violations (among others), as well as claims of

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fraud and negligence, was replete with references to plaintiff as “the relator.”

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The amended complaint – from which plaintiff was directed to remove any

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references to “relator,” “qui tam,” or the False Claims Act, or any suggestion that he was

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acting on behalf of the United States – was due on June 4, 2014. Plaintiff did not file an

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amended complaint. Instead, on June 4, 2014, he filed a motion pursuant to 28 U.S.C.

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§ 144, seeking recusal of Judge Alsup (Doc. 54), which motion was referred to another

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judge of this court, who denied it on June 17, 2014 (Doc. 58).

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On June 17, 2014, Judge Alsup issued an order to show cause why the case
should not be dismissed for lack of an operative complaint (Doc. 59). On June 27, 2014,

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plaintiff filed a response to the order to show cause, in which he asserted that the original

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United States District Court
Northern District of California

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complaint should not have been stricken and that amendment was “unnecessary” (Doc.

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71). Also on June 27, 2014, defendant Intel Corporation filed a motion seeking an order

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declaring plaintiff a vexatious litigant (Doc. 61).

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On June 28, 2014, Judge Alsup issued an order dismissing the action (Doc. 72).

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Judgment was entered on that same date (Doc. 73). On July 1, 2014, plaintiff filed a

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notice of appeal with the Federal Circuit as to the order striking the complaint (Doc. 51),

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the order denying the recusal motion (Doc. 58), and the order to show cause re dismissal

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(Doc. 59). However, plaintiff did not appeal the final judgment.

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On August 14, 2014, after the motion to declare plaintiff a vexatious litigant was

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fully briefed, Judge Alsup held a hearing and granted the motion on the record (Doc. 85).

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Plaintiff did not appear at the hearing. On August 19, 2014, Judge Alsup issued a written

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order granting the motion to declare plaintiff a vexatious litigant (Doc. 88).

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On August 28, 2014, plaintiff filed a motion for reconsideration of the order

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granting the vexatious litigant motion (Doc. 92). On September 2, 2014, Judge

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Alsup denied reconsideration (Doc. 94). On October 17, 2014, the Federal Circuit issued

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an order transferring plaintiff’s appeal to the Ninth Circuit (Doc. 95). On November 20,

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2014, the Ninth Circuit issued an order dismissing the appeal for failure to pay the filing

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fees (Doc. 98).
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On August 18, 2015, nearly a year after Judge Alsup had denied the motion for

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reconsideration, and almost 14 months after entry of final judgment, plaintiff filed a

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second motion for reconsideration of the vexatious litigant order, combined with a request

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under Federal Rule of Civil Procedure 60(b) to vacate the judgment (Doc. 102). On

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August 24, 2015, Judge Alsup issued an order denying the motion (Doc. 103), with a

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follow-up order issued on September 1, 2015 (Doc. 104).

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On September 8, 2015, plaintiff a motion under Rule 60(b) (Doc. 105), again

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seeking reconsideration of the vexatious litigant order, and also seeking reconsideration

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of the order striking the complaint and the order denying the first motion for
reconsideration. On September 22 and October 13, 2015, Judge Alsup again denied

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United States District Court
Northern District of California

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reconsideration (Docs. 106, 107). On November 16, 2015, plaintiff filed a motion that

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Judge Alsup disqualify himself pursuant to 28 U.S.C. § 455(a) and § 455(b) (Doc. 109).

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The motion was denied on November 30, 2015 (Doc. 114).

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On December 15, 2015, plaintiff filed the present motion, alleging violations of Civil

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Local Rule 11-4, and seeking relief under Civil Local Rule 11-6. Specifically, plaintiff

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seeks appointment of a “special counsel” and referral to the court’s Standing Committee

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on Professional Conduct, for review of certain “acts of defendant [sic] attorneys and

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Judge William Alsup.”

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Local Rule 11 relates to standards applicable to attorneys who practice before this

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court; it does not apply to judges of this court. As for Intel’s attorneys, plaintiff has

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provided no facts sufficient to give the undersigned “cause to believe that an attorney has

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engaged in unprofessional conduct.” Civ. L.R. 11-6(a). Apart from plaintiff’s evident and

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continuing disagreement with the orders that have issued in this case, his primary

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complaint at this point appears to be that both Intel’s attorneys and Judge Alsup have

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referred to him as “not a relator.”

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The Ninth Circuit has repeatedly held that pro se plaintiffs are prohibiting from

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pursuing claims on behalf of others, and specifically may not prosecute False Claims qui

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tam actions on behalf of the United States unless they are represented by licensed
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counsel. See, e.g., Simon v. Hartford Life, Inc., 546 F.3d 661, 664-65 (9th Cir. 2008)

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(citing United States of America ex rel. Mergent Servs. v. Flaherty, 540 F.3d 89, 90 (2nd

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Cir. 2008)); see also Stoner v. Santa Clara Cnty. Office of Educ., 502 F.3d 1116, 1127

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(9th Cir. 2007) (“The FCA itself does not authorize a relator to prosecute a § 3729

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violation pro se.”). Thus, as a pro se party, plaintiff cannot pursue a False Claims action

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as a “relator” on behalf of the United States.

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Accordingly, the motion for referral to the Standing Committee is DENIED.

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Further, the court will not entertain any motions for reconsideration of this order. The

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court leaves to Judge Alsup the question whether he should recuse himself or request

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reassignment of the case to another judge of this court.

United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: December 17, 2015

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__________________________________
PHYLLIS J. HAMILTON
United States District Judge

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