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Robles v. In Name of Humanity

United States District Court, N.D. California

May 23, 2018

KIARA ROBLES, Plaintiff,
v.
IN THE NAME OF HUMANITY, WE REFUSE TO ACCEPT A FASCIST AMERICA, et al., Defendants.

          NOTICE OF TENTATIVE RULING ON MOTION TO REVOKE PRO HAC VICE (DKT. NOS. 7, 15)

          CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE.

         Plaintiff Kiara Robles filed this suit against Defendants In the Name of Humanity, We REFUSE to Accept a Fascist America, The Regents of the University of California, University of California Police Department, City of Berkeley (Berkeley), Ian Dabney Miller, Raha Mirabdal, and DOES 1-20. On October 2, 2017, Berkeley filed a motion to revoke pro hac vice admission of Larry Klayman, Robles' attorney. Docket No. 15. Having reviewed the papers and the record, the Court issues a tentative ruling granting Berkeley's motion to revoke the pro hac vice admission.

         BACKGROUND

         I. Klayman's history of judicial reprimands and sanctions Over the years, numerous courts have sanctioned Klayman, called his behavior into question, or revoked his pro hac vice admission. Two courts have banned Klayman from their courts for life.

         For example, the Second Circuit affirmed a Southern District of New York court's revocation of Klayman's pro hac vice status, denial of any future application to appear before the district court on a pro hac vice basis, and order to provide a copy of the district court's opinion imposing sanctions when applying for pro hac vice admission before any other judge in the Southern District of New York. MacDraw, Inc. v. CIT Grp. Equip. Fin., Inc., 157 F.3d 956, 960 n.3 (2d Cir. 1998). The Second Circuit noted that Klayman made “claims of partisan and racial basis with no factual basis, ” which were “discourteous, degrading to the court, and prejudicial to the administration of justice.” Id. at 960 (internal punctuation and brackets omitted).

         Similarly, the Federal Circuit upheld a Central District of California court's decision permanently barring Klayman from appearing before it pro hac vice and requiring him to attach a copy of the order to any pro hac vice applications filed in the same district. Baldwin Hardware Corp. v. FrankSu Enter. Corp., 78 F.3d 550, 561-62 (Fed. Cir. 1996), as modified on reh'g (May 22, 1996). The Federal Circuit affirmed the district court's finding that Klayman had acted in bad faith and had made several misrepresentations to the court, including that he had never been sanctioned or denied pro hac vice privileges. Id. at 562.

         In addition, the Ninth Circuit affirmed the District of Nevada's decision to deny Klayman's application for pro hac vice:

Under our decisions, the district court had more than ample cause to turn down Klayman's application: he is involved in an ethics proceeding before the District of Columbia Bar, and he was not candid with the court about the status of those proceedings; he disclosed that he was twice barred in perpetuity from appearing pro hac vice before judges in the Central District of California and the Southern District of New York, but he failed to list numerous cases-all available on Westlaw or LEXIS-in which he has been reprimanded, denied pro hac vice status, or otherwise sanctioned for violating various local rules; and he has a record of going after judges personally, and shortly after Chief Judge Gloria Navarro denied his application, Bundy filed a frivolous Bivens action against her in her own court. This litany of reasons for denying Klayman pro hac vice status demonstrates that the district court did not abuse its discretion, much less commit clear error.

In re Bundy, 840 F.3d 1034, 1036 (9th Cir. 2016), subsequent mandamus proceeding, 852 F.3d 945 (9th Cir. 2017). The Ninth Circuit collected the following examples of Klayman's “sanctioned, sanctionable, or questionable behavior”:

• The Federal Circuit affirmed the district court's revocation of Klayman's ability to appear before the district court pro hac vice in perpetuity and its sanctioning of Klayman for accusing the trial judge of anti-Asian bias and “unreasonably and vexatiously multiplying the proceedings.” Baldwin Hardware Corp. v. FrankSu Enter. Corp., 78 F.3d 550, 555 (Fed. Cir. 1996).
• The Second Circuit affirmed the district court's revocation of Klayman's ability to appear before the district court pro hac vice in perpetuity and its sanctioning of Klayman for “undignified and discourteous conduct that was degrading to the [district court] and prejudicial to the administration of justice” by, among other things, making accusations of racial and political bias and acting “abusive[ly] an obnoxious[ly].” MacDraw, Inc. v. CIT Grp. Equip. Fin., Inc., 994 F.Supp. 447, 455 (S.D.N.Y. 1997), aff'd, 138 F.3d 33 (2d Cir. 1998).
• Klayman was sanctioned for filing an untimely complaint and opposing the government's motion with “frivolous filings” that “wasted time and resources of defendants as well as of the States ” 18 C.I.T. 478, 485 (Ct.'Int' v. Trade e 1994).
• Klayman exhibited “often highly inappropriate behavior” and his performance “was episodically blighted by rude and unprofessional behavior which was directed toward the presiding judge and opposing counsel.” Material Supply Int'l, Inc. v. Sunmatch Indus., Co., No. Civ. A. 94-1184, 1997 WL 243223 at *8, *10 n.7 (D.D.C. May 7, 1997), aff'd in part and reversed in part, 146 F.3d 983 (D.C.
• Klayman 9 “apparently misread (or never read) the local rules” and the district court threatened sanctions for any future failures to comply with local rules. Alexander v. FBI, 186 F.R.D. 197, 199 (D.D.C. 1999). The district court “gr[ew] weary of [Klayman's] use-and abuse-of the discovery process” and “ha[d] already sanctioned [Klayman] for making misrepresentations to the court, allowing the court to rely upon those representations in a favorable ...

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