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Arogant Hollywood v. Carrows California Family Restaurants

United States District Court, C.D. California

October 30, 2019

AROGANT HOLLYWOOD, et al., Plaintiffs
v.
CARROWS CALIFORNIA FAMILY RESTAURANTS, et al. Defendants. AROGANT HOLLYWOOD, Plaintiff
v.
CITY OF SOUTH PASADENA, et al., Defendants. AROGANT HOLLYWOOD, et al., Plaintiffs
v.
2200 ONTARIO LLC, et al., Defendants. AROGANT HOLLYWOOD, et al., Plaintiffs
v.
PUBLIC STORAGE, INC., et al., Defendants.

          ORDER: ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE; DECLARING PLAINTIFFS TO BE VEXATIOUS LITIGANTS; AND ENTERING PRE-FILING ORDERS

          JESUS G. BERNAL UNITED STATES DISTRICT JUDGE

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings, motions, briefing, and other documents filed in these four actions, the Report and Recommendation of United States Magistrate Judge filed on September 17, 2019, in these four actions [“Report”], and Defendants' Request for Clarification filed on October 7, 2019 [Dkt. 60 in Case No. 5:18-cv-01822-JGB (GJS), “Request”]. The deadline for filing Objections to the Report (October 7, 2019) has passed, and Plaintiffs have neither filed Objections nor requested additional time to do so. Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed.R.Civ.P. 72(b), the Court has conducted a de novo review of those portions of the Report noted in the Request.

         In the Request, Defendants ask that the amount of security to be imposed as recommended in the Report be “clarified.” The Court has done so below. In addition, Defendants identify various typographical-type errors in the Report and suggest that the Report be modified to correct them. Having reviewed the Report, the Court finds the identified matters to be innocuous and inconsequential to the Report's discussion and analysis and declines to make the suggested edits, with the exception of the two items noted below.

         Having completed its review, the Court accepts the findings and recommendations set forth in the Report, with the following two exceptions: at page 40, line 19, the reference to “Public Storage Action” is deemed amended to read “2299 Ontario Action”; and at page 64, line 10, the reference to “Public Counsel” is deemed amended to read “Public Storage.” While these two matters have no effect on the analysis or conclusions of the Report, the Court makes these amendments for the sake of clarity.

         Accordingly, IT IS ORDERED that:

(1) As so amended, the Report is accepted;
(2) Both the Motion to Declare Plaintiffs a Vexatious Litigant [sic] [Dkt. 7, Case No. 2:18-cv-02098-JGB (GJS)] and the Motion to Declare Plaintiffs Arogant Hollywood and Alison Helen Fairchild as Vexatious Litigants and to Require Security [Dkt. 13, Case No. 5:18-cv-01664-JGB (GJS)], in which the Defendants in all four of the above cases have joined, are GRANTED for the reasons set forth in the Report;
(3) Plaintiffs Arogant Hollywood and Alison Helen Fairchild are hereby declared to be vexatious litigants; and
(4) These four cases remain STAYED pending compliance with this Order and further Order of the Court.

         PRE-FILING ORDERS

         In addition, the Court enters the following Pre-Filing Orders against Plaintiffs Arogant Hollywood and Alison Helen Fairchild:

         First, to secure the payment of any costs, sanctions, or other amounts which may be awarded against Plaintiffs, they each are ORDERED to post security in each of these four cases, by no later than December 2, 2019, as follows:

(1) In Arogant Hollywood, et al. v. Carrows California Family Restaurants, et al., Case No. 2:18-cv-02098-JGB (GJS), Plaintiff Arogant Hollywood shall post security of $1, 000 and Plaintiff Alison Helen Fairchild shall post security of $1, 000;
(2) In Arogant Hollywood. v. City of South Pasadena, et al., Case No. 2:18-cv-05607-JGB (GJS), Plaintiff Arogant Hollywood ...

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