ex Rel. Gavin, et al., v. Stellar Management et al.,
Filing
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ORDER DENYING FILING re 1 Received Document,, filed by Lynn Gavin, 2 Received Document, filed by Lynn Gavin. Signed by Judge James Donato on 2/3/16. (lrcS, COURT STAFF) (Filed on 2/4/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PEOPLE OF THE STATE OF
CALIFORNIA, ex rel. LYNN GAVIN,
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Plaintiff,
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Case No. 16-mc-80024-JD
ORDER DENYING FILING
v.
STELLAR MANAGEMENT,
Defendant.
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On January 12, 2016, Judge Chen of this court entered an order finding pro se plaintiff
United States District Court
Northern District of California
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Lynn Gavin to be a vexatious litigant. Gavin v. City and County of San Francisco, Case No. 15-
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cv-05202 (N.D. Cal. 2015), Dkt. No. 9. The order was in response to 10 separate lawsuits Gavin
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filed with her son, Bamidele Hambolu, challenging their 2012 eviction from the Parkmerced
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apartments for failing to pay “usurious” utility bills. Id. at 1. Judge Chen dismissed the case with
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prejudice on multiple grounds, including preclusion, statute of limitations, failure to prosecute,
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failure to state a viable claim, and failure to comply with administrative requirements such as the
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California Torts Claims Act. Dkt. No. 7. The vexatious litigant order states that the Clerk of the
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Court may not file or accept any additional complaints by Gavin raising claims about the eviction
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until the Duty Judge determines that the complaint should be accepted. Dkt. No. 9 at 7.
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On January 29, 2016, Gavin lodged with the Clerk a complaint and application for a
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temporary restraining order that the undersigned has reviewed as the current Duty Judge. The
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complaint is 120 pages long and appears to add new parties and allege somewhat different claims
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than the 10 prior complaints, but the gravamen of the lawsuit is still the allegedly wrongful
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eviction from the Parkmerced apartments. All of the preceding complaints about that incident
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were dismissed as patently meritless, and this complaint warrants the same fate.
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The Clerk of the Court is directed not to accept the complaint or TRO motion from
plaintiff Givens.
IT IS SO ORDERED.
Dated: January 29, 2016
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JAMES DONATO
United States District Judge
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United States District Court
Northern District of California
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LYNN GAVIN,
Case No. 16-mc-80024-JD
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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STELLAR MANAGEMENT,
Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
United States District Court
Northern District of California
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That on February 4, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
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Lynn Gavin
General Delivery Private Attorney General
San Francisco, CA 94102
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Dated: February 4, 2016
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Susan Y. Soong
Clerk, United States District Court
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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO
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