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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES KINNEY,
Plaintiff,

Case No. 17-cv-03493-JCS
Also filed in Case No. 16-cv-2278-LB

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v.
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FRANCES ROTHSCHILD, et al.,

SUA SPONTE REFERRAL TO
DETERMINE WHETHER CASES ARE
RELATED

Defendants.

United States District Court
Northern District of California

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Plaintiff Charles Kinney, a disbarred lawyer appearing pro se, filed this action, case

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number 17-3493 (the “3493 Action”), against a number of California state court judges and other

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defendants, seeking declaratory judgment, damages, and other relief. Kinney’s claim is based on a

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vexatious litigant order imposed in Kinney v. Clark, case number B265267 before the California

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Court of Appeal for the Second Appellate District (an appeal of Los Angeles Superior Court case

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number BC354136), which expanded the scope of previous orders requiring pre-filing review of

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certain actions filed by Kinney in state court. See Compl. Exs. A, B; Kinney v. Clark, 11 Cal.

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App. 5th 841 (2017). The Court of Appeal noted that prior to its order, “[t]he Los Angeles

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Superior Court, this court [the Court of Appeal], and the United States District Court for the

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Central District of California all have declared Kinney to be a vexatious litigant,” and detailed

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Kinney’s history of filing a plethora of lawsuits, appeals, removals, and petitions related to a 2005

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residential real estate transaction. See Kinney v. Clark, 11 Cal. App. 5th 841 (citing In re Kinney,

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201 Cal. App. 4th 951 (2011)).

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Kinney’s various court proceedings include a number of actions in this Court, some of

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which have been assigned to the Honorable Laurel Beeler. In Kinney v. Gutierrez, No. 3:16-cv-

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02278-LB (the “2278 Action”), Kinney sued all of the same defendants as in the present 3493

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Action (among other defendants in the 2278 Action) for actions taken in litigating or deciding,

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among other cases, the same Los Angeles Superior Court case (BC354136) underlying the

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appellate case (B265267) at issue here, and other appeals thereof. See Am. Compl., 2278 Action

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ECF Doc. No. 21 (July 7, 2016). The present 3493 Action is therefore REFERRED sua sponte to

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Judge Beeler to determine whether it is related to the 2278 Action. Any party may file a response

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supporting or opposing relation no later than June 27, 2017. See Civ. L.R. 3-12(c), (e); Civ. L.R.

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7-11(b).

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IT IS SO ORDERED.
Dated: June 23, 2017
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

United States District Court
Northern District of California

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