Reyes v. A & J Gaslamp LLC et al, No. 3:2018cv02695 - Document 4 (S.D. Cal. 2018)
Court Description: ORDER Denying Motion to Proceed In Forma Pauperis [Doc. No. 2 ]. Signed by Judge Cathy Ann Bencivengo on 12/4/2018. (anh)
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Reyes v. A & J Gaslamp LLC et al Doc. 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JAIME REYES, Case No.: 18cv2695-CAB-NLS Plaintiff, 12 13 v. 14 A&J GASLAMP LLC et al., ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS [Doc. No. 2] Defendants. 15 16 17 Plaintiff Jaime Reyes, a non-prisoner, proceeding with counsel, has filed a complaint 18 for violations of the Americans with Disabilities Act (“ADA”) and various state laws. 19 Plaintiff has not paid the civil filing fee required to commence this action, but rather, has 20 filed a motion to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. [Doc. 21 No. 2.] 22 Plaintiff’s counsel, Michael Taibi, has filed at least sixty-six cases in this court in 23 2018 on behalf of eight plaintiffs, including eight cases on behalf of Mr. Reyes.1 Most or 24 all sixty-six cases utilize the same complaint containing the same verbatim generic 25 allegations aside from the identification of the defendants and location in question and the 26 details of the plaintiff’s alleged visit to the establishment (which is typically contained 27 28 1 A list of the cases is attached hereto. 1 18cv2695-CAB-NLS Dockets.Justia.com 1 entirely in paragraph 11 of the complaint presumably to avoid Taibi having to renumber 2 the remaining paragraphs). Most or all of the sixty-six complaints attach a form report 3 from William Carter, who purports to be president of “Daoliam International” and a 4 “Disabled Accessibility Compliance Expert” or “D.A.C.E.”, a designation or certification 5 with which the Court is unfamiliar and about which the Court has been unable to locate 6 any information. 7 In all sixty-six cases, including Mr. Reyes’ eight cases, the plaintiff applies to 8 proceed IFP, and each IFP application lists monthly income consisting of disability benefits 9 between $826 and $930, and, in more recent filings for some of the plaintiffs, income of 10 $100 to $250 from “ADA settlements.” The monthly expenses on the applications filed by 11 Mr. Taibi’s cadre of plaintiffs vary from line item to line item from filing to filing, but 12 almost always exceed the stated monthly income. Almost all of these IFP applications 13 have been granted, but when a Court has challenged the statements in an IFP application 14 from one of Mr. Taibi’s clients, or denied the application entirely, the filing fee is paid 15 within days. See, e.g., Banks v. Rigoberto’s Taco Shop, Inc., Case No. 18-CV-584-LAB- 16 BLM; Navarro v. The Tyrone Times, Inc., 18-CV-1966-CAB-KSC. Finally, almost all of 17 Mr. Taibi’s cases settle and/or are voluntarily dismissed with prejudice before or shortly 18 after an answer is filed. In twenty-nine of the sixty-six cases, notices of settlement and/or 19 notices of voluntary dismissal with prejudice were filed. The dockets for most of the 20 remaining cases do not reflect any service on the defendants, and just two cases have 21 proceeded through an early neutral evaluation conference (“ENE”) and had a scheduling 22 order entered.2 23 As for Mr. Reyes’ eight IFP applications, filed between March and November of this 24 25 26 27 28 2 In one more case, the parties appear to have reached a settlement at the ENE, but the plaintiff ignored the court’s first deadline for submission of case dispositive paperwork. The current deadline for dismissal is December 17, 2018. See Banks v. Salgado, Case No. 18-CV-415-W-AGS. In another case, an ENE was held, and the case management conference is set for December 10, 2018. Mason v. Moe Enter., LLC, Case No. 18-CV-1963-L-BLM. 2 18cv2695-CAB-NLS 1 year, he lists total monthly expenses of $1,015 (two times),3 $810 (two times), $860 (one 2 time), and $980 (three times). All eight applications list $850 in disability income. In the 3 first five cases, the IFP application does not list any ADA settlement income. In the last 4 three, the IFP application lists $100 in monthly ADA settlement income. None of the 5 applications list any cash or other assets. Yet, in a case filed just two days before the instant 6 case, after Judge Larry Burns ordered Mr. Reyes to either lodge under seal any settlement 7 agreements to which he has been a party over the past year or pay the filing fee, Mr. Reyes 8 somehow paid the filing fee the following day. See Reyes v. Chang, Case No. 18-CV- 9 2684-LAB-LL. The status of Mr. Reyes’s seven other federal4 cases in this district is 10 consistent with that of the sixty-six cases Mr. Taibi has filed this year: 11 Case No. 18-CV-477-L-BLM: Mr. Reyes filed a notice of settlement one week 12 before the date set for the ENE, and subsequently filed a joint motion to dismiss 13 with prejudice. 14 Case No. 18-CV-498-H-JLB: Several weeks after the Court granted the 15 defendants’ motion asking the Court to decline supplemental jurisdiction and 16 dismiss the state law claims, Mr. Reyes filed a notice of voluntary dismissal with 17 prejudice. 18 Case No. 18-CV-569-BAS-LL: An amended complaint was filed on July 24, 19 2018, but none of the defendants have appeared in the case, and the record reflects 20 that the summons have been returned unexecuted. 21 Case No. 18-CV-1290-BTM-NLS: Defendants’ motion asking the court to 22 decline supplemental jurisdiction over the state law claims (similar to the motion 23 24 25 26 27 28 3 These two applications, filed in case numbers 18cv477 and 18cv498, appear to be the exact same application reflecting that Reyes signed the document before the caption was completed. Indeed, the application filed in case number 18cv477 leaves the line for the defendant in the caption and the signature date blank. The application filed in case number 18cv498 inserts this information by hand despite the remainder of the document being typed. 4 An online search of San Diego Superior Court’s files reveals scores of additional lawsuits filed by Mr. Reyes over the past five years. 3 18cv2695-CAB-NLS 1 granted in 18-CV-498-H-JLB) is pending. 2 Case No. 18-CV-1815-WQH-BLM: Mr. Reyes filed a notice of settlement one 3 week before the date set for the ENE, and a settlement disposition conference is 4 set for December 20, 2018. 5 6 7 Case No. 18-CV-2441-AJB-NLS: Mr. Reyes’ IFP application remains pending. Case No. 18-CV-2684-LAB-LL: As mentioned above, Plaintiff paid the filing fee instead of lodging settlement agreements from his other cases. 8 In light of the foregoing, the Court finds that the representations contained in the 9 Reyes’ IFP application in this case are not credible. That Plaintiff has only $100 in monthly 10 income from settlements despite having filed eight cases in this court and scores more in 11 state court over the past five years is simply implausible, particularly considering that all 12 of the federal cases, and presumably all of the state cases, seek statutory damages of at least 13 $4,000 plus attorney’s fees. Accordingly, the application to proceed IFP is DENIED. Mr. 14 Reyes is ORDERED to pay the filing fee by December 10, 2018, or this case will be 15 dismissed without further order from the Court. 16 17 It is SO ORDERED. Dated: December 4, 2018 18 19 20 21 22 23 24 25 26 27 28 4 18cv2695-CAB-NLS CM/ECF - casd-Query : Case Search Page 1 of 6 Select A Case Michael A. Taibi is an attorney in 66 cases. 3:18-cv-00098WQH-KSC Mason v. Tracy Van Phan, Inc et al filed 01/16/18 3:18-cv-00283MMA-MDD Banks v. Ozoemir et al filed 02/06/18 closed 06/13/18 3:18-cv-00302-LABMason v. Golden West Furniture, Inc. et al. WVG filed 02/07/18 closed 08/23/18 3:18-cv-00310-HNLS Mason v. Coronado et al filed 02/08/18 3:18-cv-00368-JLSLL Mason v. Calabrese et al filed 02/16/18 3:18-cv-00375-HNLS Mason v. Kojack et al filed 02/16/18 3:18-cv-00415-WAGS Banks v. Salgado et al filed 02/22/18 3:18-cv-00416-GPCMason v. Daung et al AGS filed 02/23/18 closed 07/25/18 3:18-cv-00424MMA-WVG Banks v. Kimpton Hotel & Restaurant Group, LLC et al filed 02/23/18 closed 05/01/18 3:18-cv-00477-LBLM Reyes v. Marwaha et al filed 03/05/18 closed 08/10/18 3:18-cv-00488-LABMason v. Beach Partners LLC et al RBB filed 03/06/18 closed 05/01/18 3:18-cv-00498-HJLB filed 03/07/18 closed 08/08/18 Reyes v. Snoozetown, LLC et al https://ecf.casd.circ9.dcn/cgi-bin/iquery.pl?287311153402737-L_1_1-0-2691255-aty-- 12/4/2018 CM/ECF - casd-Query : Case Search Page 2 of 6 3:18-cv-00524-BASBanks v. Davies LLC et al BLM filed 03/12/18 closed 05/02/18 3:18-cv-00569-BASReyes v. Webhurst, LLC et al LL filed 03/19/18 3:18-cv-00570-LJLB Banks v. Urbane Cafe Founders Inc. et al filed 03/19/18 3:18-cv-00583-JLSBGS Banks v. Pho Kitchen Noodles, Inc. et al filed 03/21/18 closed 10/16/18 3:18-cv-00584-LABBanks v. Rigoberto's Taco Shop, Inc. et al BLM filed 03/20/18 3:18-cv-00589-JLSMDD filed 03/20/18 Jackson v. Sushi Freak Franchise Group, LLC et al 3:18-cv-00593-GPCJackson v. Torrey Crest Inc. et al MDD filed 03/21/18 closed 09/27/18 3:18-cv-00693-WNLS Mason v. KM Investors, LLC et al filed 04/06/18 3:18-cv-00694-LJLB Mason v. Cafe Gratitude San Diego, LLC et filed 04/06/18 closed 06/21/18 al 3:18-cv-00695-GPC- Mason v. Hara No Shita De Holdings, Inc. et al BLM filed 04/06/18 closed 08/23/18 3:18-cv-00724WQH-JMA filed 04/12/18 closed 05/07/18 Banks v. Mesdaq Inc et al 3:18-cv-00797-BASJackson v. Mesdaq Inc et al KSC filed 04/25/18 closed 11/16/18 3:18-cv-00825DMS-BLM filed 05/02/18 closed 08/23/18 Jackson v. WD Toma, Inc. et al https://ecf.casd.circ9.dcn/cgi-bin/iquery.pl?287311153402737-L_1_1-0-2691255-aty-- 12/4/2018 CM/ECF - casd-Query : Case Search Page 3 of 6 3:18-cv-00839-BENJackson v. WD Toma Inc. et al WVG filed 05/01/18 closed 08/23/18 3:18-cv-00844-JLSBGS Jackson v. Buffalo Joe's L.P. et al filed 05/01/18 closed 10/31/18 3:18-cv-00888-LBGS Banks v. Wings N Things INC et al filed 05/08/18 closed 10/18/18 3:18-cv-00946-JAHBGS Mason v. Ivanov et al filed 05/14/18 3:18-cv-00970-JMBGS Banks v. Kwon et al filed 05/16/18 3:18-cv-01274-LMDD Banks v. Jimmy Love's L.P. et al filed 06/14/18 3:18-cv-01290BTM-NLS Reyes v. Le Parfait Group LLC et al filed 06/14/18 3:18-cv-01304-AJBKSC Navarro v. The Vons Companies Inc et al filed 06/15/18 closed 10/22/18 3:18-cv-01308WQH-RBB Navarro v. JJJ Group Inc. et al filed 06/18/18 closed 11/01/18 3:18-cv-01321-LKSC Gay v. Fortune Commercial Corporation et al filed 06/18/18 closed 09/25/18 3:18-cv-01380-CABJackson v. Dang et al WVG filed 06/21/18 3:18-cv-01458-WLL Mason v. Serranos Tacos San Diego Inc. et al filed 06/26/18 3:18-cv-01715MMA-MDD Gay v. AJ San Diego LLC et al filed 07/26/18 https://ecf.casd.circ9.dcn/cgi-bin/iquery.pl?287311153402737-L_1_1-0-2691255-aty-- 12/4/2018 CM/ECF - casd-Query : Case Search Page 4 of 6 3:18-cv-01717MMA-KSC Gay v. Sayler et al filed 07/26/18 closed 09/26/18 3:18-cv-01718-JLSMDD Navarro v. Wolffy's Place Inc et al filed 07/26/18 closed 10/09/18 3:18-cv-01725WQH-WVG Navarro v. Gaslamp Tavern LLC et al filed 07/27/18 3:18-cv-01777BTM-JLB Mason v. Su Me Yu et al filed 08/01/18 closed 11/16/18 3:18-cv-01815WQH-BLM Reyes v. Brian's 24/7 Corp. et al filed 08/02/18 3:18-cv-01823WQH-KSC Jackson v. Car Bahn, LLC et al filed 08/03/18 closed 10/18/18 3:18-cv-01847-JAHKSC Banks v. Ralphs Grocery Company et al filed 08/07/18 3:18-cv-01944-JAHWVG Jackson v. Smashburger Acquisition - San Diego LLC et al filed 08/21/18 3:18-cv-01947-HWVG Banks v. Abyan Properties LLC et al filed 08/21/18 3:18-cv-01961-WWVG Mason v. Rabinowitz et al filed 08/23/18 3:18-cv-01963-LBLM Mason v. Moe Enterprises, LLC et al filed 08/23/18 3:18-cv-01966-CABNavarro v. The Tyrone Times Inc. et al KSC filed 08/23/18 3:18-cv-01989-LNLS filed 08/27/18 Banks v. Fargo Colonial LLC et al https://ecf.casd.circ9.dcn/cgi-bin/iquery.pl?287311153402737-L_1_1-0-2691255-aty-- 12/4/2018 CM/ECF - casd-Query : Case Search Page 5 of 6 3:18-cv-01998-LNLS Banks v. MB Hospitality LLC et al filed 08/27/18 3:18-cv-02011DMS-WVG Jackson v. Palomino's Mexican & Seafood Inc. et al filed 08/28/18 3:18-cv-02436BTM-NLS Washington v. Arak LLC et al filed 10/23/18 3:18-cv-02441-AJBNLS Reyes v. Miazada et al filed 10/24/18 3:18-cv-02448BTM-MSB Navarro v. Tony's Fresh Mexican Food LLC et al filed 10/24/18 3:18-cv-02449WQH-BGS Navarro v. Armarana Enterprises Incorporated et al filed 10/24/18 3:18-cv-02655WQH-KSC Mason v. Irish Times LLC et al filed 11/20/18 3:18-cv-02658DMS-BLM Jackson v. Rei Do Gado Corporation et al filed 11/20/18 3:18-cv-02661-CABGay v. Berumen et al BLM filed 11/21/18 3:18-cv-02679-H-LL Jackson v. Juanita's Taco Shop, Inc. et al filed 11/27/18 3:18-cv-02681-AJBBLM Dally v. Arucan et al filed 11/27/18 3:18-cv-02684-LABReyes v. Chang et al LL filed 11/27/18 3:18-cv-02685-HJLB filed 11/27/18 Mason v. Callaway Temecula L.P. et al https://ecf.casd.circ9.dcn/cgi-bin/iquery.pl?287311153402737-L_1_1-0-2691255-aty-- 12/4/2018 CM/ECF - casd-Query : Case Search 3:18-cv-02687-LBLM Jackson v. San Diego Living Room, Inc. et al 3:18-cv-02695-CABReyes v. A & J Gaslamp LLC et al NLS Page 6 of 6 filed 11/28/18 filed 11/29/18 https://ecf.casd.circ9.dcn/cgi-bin/iquery.pl?287311153402737-L_1_1-0-2691255-aty-- 12/4/2018
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