Ewing v. K2 Property Development, LLC et al

Filing 155

Order Striking Plaintiff's Opposition; Order Vacating Hearing on Motion for Judgment on the Pleadings; and Order Revoking Authorization for Plaintiff to File Documents Electronically. The Court orders Ewing's opposition (Docket no. 152 ) i s stricken. The hearing currently on calendar for 8/27/2018 at 11:30 a.m. is vacated. Ewing may file a new opposition by 9/5/2018. Klein may file an amended reply brief by 9/12/2018. Ewing is ordered to comply with the civility requirements of Civil Local Rule 83.4, and with Fed. R. Civ. P. 11. Signed by Judge Larry Alan Burns on 8/22/2018.(All non-registered users served via U.S. Mail Service)(jdt) (Additional attachment(s) added on 8/22/2018: # 1 Stricken Document) (jdt).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ANTON EWING,

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CASE NO. 16cv678-LAB (AGS)
Plaintiff,

ORDER STRIKING PLAINTIFF’S
OPPOSITION;

vs.
ORDER VACATING HEARING ON
MOTION FOR JUDGMENT ON THE
PLEADINGS; AND

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K2 PROPERTY DEVELOPMENT,
LLC, and DANIEL KLEIN,

ORDER REVOKING AUTHORIZATION
FOR PLAINTIFF TO FILE
DOCUMENTS ELECTRONICALLY

Defendants.

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In opposition to Defendant Daniel Klein’s motion for judgment on the pleadings,

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Plaintiff Anton Ewing filed an opposition that violates a number of the Court’s orders and

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applicable rules, and is grossly uncivil. It is replete with insults and baseless accusations

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against opposing counsel, her paralegal, and Klein.

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Among other things, it accuses her of perjury and of suborning the unauthorized

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practice of law by her paralegal. It refuses to acknowledge her as having any role in filing the

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motion, and instead repeatedly refers her paralegal (and occasionally Klein personally) as

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the motion’s proponents.

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It also appears to make several misrepresentations to the Court. In particular, it

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inaccurately claims that in case 18cv429-WQH (JMA), Ewing v. Readdick, a particular

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argument Klein’s motion advances was found to be frivolous. In that case, the only

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document calling Klein’s argument frivolous was Ewing’s own opposition to Klein’s motion

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to dismiss. Judge Hayes never admonished Klein for advancing a frivolous argument, as

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Ewing claims. And Judge Hayes later rejected Ewing’s argument when he dismissed the

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complaint.

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The opposition is over-length and violates this District’s legibility requirements. See

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Civil Local Rule 5.1(a). It also improperly incorporates a letter Ewing mailed to opposing

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counsel chiding her for purported errors in her motion. There is no good reason why this

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letter should have been included. See Standing Order, ¶ 14 (ordering attorneys and parties

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to refrain from sending the Court copies of letters addressed to others). Both the contents

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of the letter, and the decision to include it only reflect badly on Ewing.

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At a hearing on July 19, Magistrate Judge Averitte told Ewing to stop clogging up the

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Court with filings and contentions that do not advance the litigation. He also directed Ewing

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to stop making ad hominem attacks. Although at the time Ewing said he understood and

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would abide by Judge Averitte’s orders, his opposition flouts them.

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The Court has authority sua sponte to strike impertinent or scandalous matter, see

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Fed. R. Civ. P. 12(f)(1), and to strike filed documents for violations of rules or Court orders.

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See Civil Local Rule 83.1(a). The Court therefore ORDERS Ewing’s opposition (Docket no.

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152) is STRICKEN. The hearing on that motion and other motions, currently on calendar

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for Monday, August 27, 2018, at 11:30 a.m. is VACATED.

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Ewing may file a new opposition by September 5, 2018. If Ewing fails to file an

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opposition when due, the Court may construe it as his consent to the motion’s being granted.

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See Civil Local Rule 7.1(f)(3)(c). Klein may, if he wishes, file an amended reply brief by

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September 12.

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Ewing is ORDERED to comply with the civility requirements of Civil Local Rule 83.4,

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and with Fed. R. Civ. P. 11. That applies to the opposition to Klein’s motion, and more

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generally to the way he conducts himself in connection with litigation in this Court.

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In other cases, Ewing’s authorization to file documents electronically in the Court’s

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CM/ECF system has been revoked for similar abuses. The Court now REVOKES his

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authorization in this case.

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IT IS SO ORDERED.
DATED: August 22, 2018

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HONORABLE LARRY ALAN BURNS
United States District Judge

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