Buccola v. Boucher et al

Filing 270

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)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10
11

THERESA I. BUCCOLA,

United States District Court
Northern District of California

Plaintiff,
12
v.
13
14

JOSEPH L. BOUCHER, et al.,
Defendants.

15

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

16
17

On August 20, 2024, the Court ordered Esther Kang Teixeira, an attorney of record

18

for the Carmel Defendants in this matter, to file a written statement addressing whether she

19

is a member of the bar of the Northern District of California and authorized to practice

20

before the Court. ECF 254. In Teixeira’s declaration filed in response, she admits she was

21

not a member of the bar of the Northern District at the time she filed a Notice of

22

Appearance, and that she was previously unaware that she must be admitted to the Court’s

23

bar before appearing in a matter. ECF 257 ¶¶ 6, 8. Teixeira acknowledges she “failed to

24

exercise due diligence when reading and completing the Appearance of Counsel form” and

25

that she is responsible for her “lack of research, due diligence, and failure to ask a more

26

experienced attorney for guidance on the matter.” ECF ¶¶ 6, 9.

27

The Court admonishes Teixeira for her lack of diligence and attention to detail in

28

signing the Notice of Appearance, in which she attested she was “admitted or otherwise

1

authorized to practice in this court,” and in familiarizing herself with the Local Rules of

2

the Court. See ECF 160; L.R. 11-1(a) (“[A]n attorney must be a member of the bar of this

3

Court to practice in this Court.”). Teixeira’s oversights constituted untruthful and

4

unprofessional conduct of which the Court expressly disapproves.

United States District Court
Northern District of California

5

However, the Court declines to impose further sanctions on Teixeira. She remedied

6

her error by applying for and becoming admitted to the bar of the Northern District on

7

August 22, 2024—within a week from when Plaintiff first raised the issue. See ECF 257 ¶

8

8; ECF 249. Although Teixeira’s name should not have appeared on any filings, the Court

9

notes she did not sign any filings on behalf of the Carmel Defendants or appear to argue

10

before the Court. Teixeira further declares she has “had no participation in” or “otherwise

11

done any work” for this matter aside from filing the Notice of Appearance and her

12

declaration. ECF 257 ¶ 7.

13

Nonetheless, the Court orders Carpenter, Rothans & Dumont LLP to show cause as

14

to why it should not be referred to the Court’s Standing Committee on Professional

15

Conduct and otherwise sanctioned under Federal Rule of Civil Procedure 11(b). See Fed.

16

R. Civ. P. 11(c)(3); L.R. 11-6(a), 11-8. The Court has authority to refer “law corporations

17

and partnerships” to the Standing Committee when it has cause to believe unprofessional

18

“alleged conduct occurs in the course and scope of employment by the corporation or

19

partnership.” L.R. 11-6(a)–(b). “A person who exercises, or pretends to be entitled to

20

exercise, any of the privileges of membership in the bar of this Court, when that person is

21

not entitled to exercise such privileges” engages in unprofessional conduct. L.R. 11-8.

22

Two Carpenter, Rothans & Dumont LLP have now admitted to unauthorized practice

23

before the Court in this matter, raising concerns of an unprofessional pattern and practice.

24

See ECF 241, 254. The firm is therefore ordered to file a written statement showing cause

25

as to why it should not be referred to the Standing Committee under the Local Rules or

26

sanctioned under Rule 11(b) by October 4, 2024.

27
28
2

1

IT IS SO ORDERED.

2
3
4

Dated: September 26, 2024

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

5
6
7
8
9
10

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
3