Kinney v. Gutierrez et al

Filing 47

Sua sponte referral to determine whether case number 17-cv-3493 is related to case number 16-cv-2278. Signed by Chief Magistrate Judge Joseph C. Spero on June 23, 2017. Responses due June 27, 2017. (jcslc2S, COURT STAFF) (Filed on 6/23/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHARLES KINNEY, Plaintiff, Case No. 17-cv-03493-JCS Also filed in Case No. 16-cv-2278-LB 8 v. 9 10 FRANCES ROTHSCHILD, et al., SUA SPONTE REFERRAL TO DETERMINE WHETHER CASES ARE RELATED Defendants. United States District Court Northern District of California 11 12 Plaintiff Charles Kinney, a disbarred lawyer appearing pro se, filed this action, case 13 number 17-3493 (the “3493 Action”), against a number of California state court judges and other 14 defendants, seeking declaratory judgment, damages, and other relief. Kinney’s claim is based on a 15 vexatious litigant order imposed in Kinney v. Clark, case number B265267 before the California 16 Court of Appeal for the Second Appellate District (an appeal of Los Angeles Superior Court case 17 number BC354136), which expanded the scope of previous orders requiring pre-filing review of 18 certain actions filed by Kinney in state court. See Compl. Exs. A, B; Kinney v. Clark, 11 Cal. 19 App. 5th 841 (2017). The Court of Appeal noted that prior to its order, “[t]he Los Angeles 20 Superior Court, this court [the Court of Appeal], and the United States District Court for the 21 Central District of California all have declared Kinney to be a vexatious litigant,” and detailed 22 Kinney’s history of filing a plethora of lawsuits, appeals, removals, and petitions related to a 2005 23 residential real estate transaction. See Kinney v. Clark, 11 Cal. App. 5th 841 (citing In re Kinney, 24 201 Cal. App. 4th 951 (2011)). 25 Kinney’s various court proceedings include a number of actions in this Court, some of 26 which have been assigned to the Honorable Laurel Beeler. In Kinney v. Gutierrez, No. 3:16-cv- 27 02278-LB (the “2278 Action”), Kinney sued all of the same defendants as in the present 3493 28 Action (among other defendants in the 2278 Action) for actions taken in litigating or deciding, 1 among other cases, the same Los Angeles Superior Court case (BC354136) underlying the 2 appellate case (B265267) at issue here, and other appeals thereof. See Am. Compl., 2278 Action 3 ECF Doc. No. 21 (July 7, 2016). The present 3493 Action is therefore REFERRED sua sponte to 4 Judge Beeler to determine whether it is related to the 2278 Action. Any party may file a response 5 supporting or opposing relation no later than June 27, 2017. See Civ. L.R. 3-12(c), (e); Civ. L.R. 6 7-11(b). 7 8 9 10 IT IS SO ORDERED. Dated: June 23, 2017 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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