Buccola v. Boucher et al
Filing
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ORDER ADMONISHING Attorney Esther Kang Teixeira and for Carpenter, Rothan & Dumont LLP to Show Cause. The firm is ordered to file a written statement as to why it should not be referred to the Standing Committee under the Local Rules or sanctioned under Rule 11(b) by 10/4/2024. Signed by Judge Nathanael M. Cousins on 9/26/2024. (lmh, COURT STAFF) (Filed on 9/26/2024)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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THERESA I. BUCCOLA,
United States District Court
Northern District of California
Plaintiff,
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v.
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JOSEPH L. BOUCHER, et al.,
Defendants.
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Case No. 22-cv-03877-NC
ORDER ADMONISHING
ATTORNEY ESTHER KANG
TEIXEIRA AND FOR
CARPENTER, ROTHANS &
DUMONT LLP TO SHOW
CAUSE
Re: ECF 254, 257
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On August 20, 2024, the Court ordered Esther Kang Teixeira, an attorney of record
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for the Carmel Defendants in this matter, to file a written statement addressing whether she
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is a member of the bar of the Northern District of California and authorized to practice
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before the Court. ECF 254. In Teixeira’s declaration filed in response, she admits she was
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not a member of the bar of the Northern District at the time she filed a Notice of
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Appearance, and that she was previously unaware that she must be admitted to the Court’s
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bar before appearing in a matter. ECF 257 ¶¶ 6, 8. Teixeira acknowledges she “failed to
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exercise due diligence when reading and completing the Appearance of Counsel form” and
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that she is responsible for her “lack of research, due diligence, and failure to ask a more
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experienced attorney for guidance on the matter.” ECF ¶¶ 6, 9.
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The Court admonishes Teixeira for her lack of diligence and attention to detail in
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signing the Notice of Appearance, in which she attested she was “admitted or otherwise
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authorized to practice in this court,” and in familiarizing herself with the Local Rules of
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the Court. See ECF 160; L.R. 11-1(a) (“[A]n attorney must be a member of the bar of this
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Court to practice in this Court.”). Teixeira’s oversights constituted untruthful and
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unprofessional conduct of which the Court expressly disapproves.
United States District Court
Northern District of California
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However, the Court declines to impose further sanctions on Teixeira. She remedied
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her error by applying for and becoming admitted to the bar of the Northern District on
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August 22, 2024—within a week from when Plaintiff first raised the issue. See ECF 257 ¶
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8; ECF 249. Although Teixeira’s name should not have appeared on any filings, the Court
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notes she did not sign any filings on behalf of the Carmel Defendants or appear to argue
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before the Court. Teixeira further declares she has “had no participation in” or “otherwise
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done any work” for this matter aside from filing the Notice of Appearance and her
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declaration. ECF 257 ¶ 7.
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Nonetheless, the Court orders Carpenter, Rothans & Dumont LLP to show cause as
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to why it should not be referred to the Court’s Standing Committee on Professional
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Conduct and otherwise sanctioned under Federal Rule of Civil Procedure 11(b). See Fed.
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R. Civ. P. 11(c)(3); L.R. 11-6(a), 11-8. The Court has authority to refer “law corporations
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and partnerships” to the Standing Committee when it has cause to believe unprofessional
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“alleged conduct occurs in the course and scope of employment by the corporation or
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partnership.” L.R. 11-6(a)–(b). “A person who exercises, or pretends to be entitled to
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exercise, any of the privileges of membership in the bar of this Court, when that person is
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not entitled to exercise such privileges” engages in unprofessional conduct. L.R. 11-8.
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Two Carpenter, Rothans & Dumont LLP have now admitted to unauthorized practice
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before the Court in this matter, raising concerns of an unprofessional pattern and practice.
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See ECF 241, 254. The firm is therefore ordered to file a written statement showing cause
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as to why it should not be referred to the Standing Committee under the Local Rules or
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sanctioned under Rule 11(b) by October 4, 2024.
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IT IS SO ORDERED.
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Dated: September 26, 2024
_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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United States District Court
Northern District of California
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