Free Proposed Order - District Court of California - California

Case 3:07-cv-04248-CRB

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Filed 01/22/2008

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Clinton Killian, SB 116501 THE LAW OFFICE OF CLINTON KILLIAN Leamington Building 1814 Franklin Street, Suite 805 Oakland, CA 94612-3527 Telephone: (510) 625-8823 Facsimile: (510) 625-8829 [email protected] Attorney for Defendants ARTHUR BURNETT, Lillian Roberts, and members of MT. ZION SPIRITUAL TEMPLE, INC

UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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EDDIE WELBON
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Case No.: C-07-04248-JSW PROPOSED ORDER GRANTING MOTION FOR SANCTIONS UNDER RULE 11 AND MOTION TO DISMISS Date: February 15, 2008 Time: 9:00 am Dept.: 2 Honorable Jeffrey S. White

Plaintiff,
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v.
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ARTHUR BURNETT, et al.,
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Defendants.
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This hearing for motion for sanctions under Rule 11 and motion to dismiss came regularly on hearing on February 15, 2008 in Department 2, the Honorable Jeffrey S. White presiding. The Plaintiff EDDIE WELBON was present and was represented in pro per. The Defendant ARTHUR BURNETT was not present and represented by his attorney of record Clinton Killian. After review of all pleadings, the court file and documents submitted therein and the hearing of oral testimony, the court finds a good cause exists for the entry of judgment in favor of Defendant in this matter.

1 ORDER

Case 3:07-cv-04248-CRB

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Filed 01/22/2008

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1.

Reasonable basis exists to sanction Plaintiff WELBON the sum of $10,000

payable to Defendant's attorney Clinton Killian for violation of Federal Rule of Civil Procedure Rule 11. Plaintiff has filed over 8 lawsuits against Defendants and others, each alleging matters not within the jurisdiction of this federal court. Plaintiff has filed these complaints for an improper purpose that is not warranted by existing law and contain frivolous arguments and lack evidentiary support. Plaintiff has had adequate notice of the improper use of the federal court, having had 3 of his actions dismissed with prejudice. In addition to the monetary sanction of $10,000 it is also reasonable that further sanctions be issued against Plaintiff EDDIE WELBON prohibiting him from filing any further federal lawsuits against MT. ZION SPIRITUAL TEMPLE, INC., ARTHUR BURNETT, HELEN BUTLER, LILLIAN ROBERTS, their attorney CLINTON KILLIAN and any other members of MT. ZION SPIRITUAL TEMPLE, INC. Plaintiff EDDIE WELBON is prohibited from filing any further federal lawsuits claiming to represent any other party besides himself. 2. The court finds that there is ample basis for the dismissal of this matter with prejudice. Plaintiff WELBON has falsely claimed that he has effected proper service on Defendants. The federal courts lack jurisdiction over Plaintiff's alleged claims, Plaintiff has failed to state a federal claim, the court declines to exercise supplemental jurisdiction, Plaintiff's complaint violates the Rooker-Feldman doctrine, and Plaintiff lacks standing to bring this action and he cannot represent other parties since he is not an attorney. WHEREFORE, the court hereby orders that: 1. Plaintiff WELBON is sanctioned the sum of $10,000 payable forthwith to

Defendant's attorney Clinton Killian; 2. Plaintiff WELBON is prohibited from filing any further federal lawsuits against

MT. ZION SPIRITUAL TEMPLE, INC., ARTHUR BURNETT, HELEN BUTLER, LILLIAN

2 ORDER

Case 3:07-cv-04248-CRB

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Filed 01/22/2008

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ROBERTS, their attorney CLINTON KILLIAN and any other members of MT. ZION SPIRITUAL TEMPLE, INC.; 3. Plaintiff WELBON is prohibited from filing any further federal lawsuits

representing any other party except himself; 4. This matter is dismissed with prejudice.

IT IS SO ORDERED. Dated: ________________ ___________________________________ HONORABLE JEFFREY S. WHITE, Judge of Federal District Court

3 ORDER