Automated Summary
Key Facts
Pro se Plaintiff Antonio Goodwin filed this civil action against Defendant AT&T for discrimination and retaliation. The case was filed in November 2023. The magistrate judge found Goodwin made repeated and unsupported accusations that AT&T and its counsel committed fraud and perjury, and Goodwin failed to comply with court orders including failing to sit for his deposition. Goodwin filed multiple frivolous motions and appeals. The undersigned magistrate judge recommends certifying Goodwin's pending appeals as frivolous and dismissing the case without prejudice due to Goodwin's uncooperativeness and failure to comply with court orders.
Issues
- Whether sanctions should be imposed under Federal Rule of Civil Procedure 11 for unsupported accusations and Federal Rule of Civil Procedure 37 for failure to attend deposition, given Plaintiff's inability to pay monetary sanctions.
- Whether Plaintiff Antonio Goodwin's pending appeals (ECF Nos. 185, 186, 187) should be certified as frivolous and wholly without merit, allowing the court to proceed with the case despite the pendency of those appeals.
- Whether the case should be dismissed without prejudice due to Plaintiff's failure to comply with court orders, including missing his deposition and filing repetitive frivolous motions that violate Local Rules.
Holdings
- This Report and Recommendation recommends that Plaintiff Antonio Goodwin's appeals (ECF Nos. 185, 186, 187) be certified as frivolous and the case be dismissed without prejudice due to Plaintiff's uncooperative behavior, failure to comply with court orders, and filing of repetitive frivolous motions. Additionally, all pending Plaintiff motions (ECF Nos. 180, 181, 182, 183, 184, 188) are denied.
- The undersigned magistrate judge recommends that Plaintiff's pending motions to supplement the record and other related motions be denied as they are unnecessary, not requested, or moot. The Clerk of Court is directed to send Plaintiff a copy of this order.
Remedies
The magistrate judge recommends that Plaintiff's appeals be certified as frivolous and that the case be dismissed without prejudice. Additionally, all of Plaintiff's pending motions (ECF Nos. 180, 181, 182, 183, 184, and 188) are denied.
Legal Principles
The court applied Federal Rule of Civil Procedure 11 sanctions for making repeated unsupported accusations, Federal Rule of Civil Procedure 37 sanctions for failure to attend a deposition, and the authority to certify appeals as frivolous and dismiss the case without prejudice when a party fails to comply with court orders and demonstrates uncooperative behavior.
Precedent Name
- Anderson v. Air West
- Thompson v. Hous. Auth. of City of Los Angeles
- Miranda v. Anchondo
- Malone v. U.S. Postal Service
- Martinez v. Ylst
- Chuman v. Wright
- Britt v. Simi Valley United Sch. Dist.
- Thomas v. Arn
- Henderson v. Duncan
- Rodriguez v. Cnty. of L.A.
- In re Phenylpropanolamine Prod. Liab. Litig.
- United States v. Kitsap Physicians Serv.
- In re San Vincente Med. Partners Ltd.
Cited Statute
- Federal Rule of Civil Procedure 11
- 28 U.S.C. § 1292(a)
- Federal Rule of Civil Procedure 37
- 28 U.S.C. § 1291
Judge Name
- Gloria M. Navarro
- Daniel J. Albregts
Passage Text
- Plaintiff has not complied with the undersigned's order to sit for his deposition and has filed repetitive and frivolous motions that do not comply with the Local Rules. His filings in this case, including those that the undersigned found violated Rule 11, indicate that dismissal sanctions are appropriate.
- IT IS THEREFORE RECOMMENDED that Plaintiff's appeals (ECF Nos. 185, 186, 187) be certified as frivolous. IT IS FURTHER RECOMMENDED that, if such certification should issue, this case be dismissed without prejudice.
- Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be in writing and filed with the Clerk of the Court within fourteen (14) days after service of this Notice.