United States District Court, D. Hawaii
MILLICENT ANDRADE, Individually; CRAIG B. STANLEY, Individually; THE EDMON KELLER AND CLEAVETTE MAE STANLEY FAMILY TRUST, by Craig B. Stanley, Successor Trustee; and CRAIG B. STANLEY, Trustee; Plaintiffs,
ABNER GAURINO, et al., Defendants.
ORDER DISMISSING CLAIMS OF CRAIG B. STANLEY,
INDIVIDUALLY; THE EDMON KELLER AND CLEAVETTE MAE STANLEY
FAMILY TRUST, BY CRAIG B. STANLEY, SUCCESSOR TRUSTEE; AND
CRAIG B. STANLEY, TRUSTEE
A. Otake, United States District Judge
8, 2019, jury trial was set to begin in this case. During a
status conference prior to jury selection, Plaintiff Craig
Stanley had an angry outburst and stormed out of the
courtroom while screaming obscenities and making threatening
gestures. He later failed to reappear to begin jury
selection. Because it is clear that Plaintiff Stanley is
unwilling to prosecute this case and will continue to
disregard deadlines, orders, and rules, the claims of
Plaintiffs Craig B. Stanley, Individually; The Edmon Keller
And Cleavette Mae Stanley Family Trust, by Craig B. Stanley,
Successor Trustee (“Trust”); and Craig B.
Stanley, Trustee are DISMISSED WITH PREJUDICE.
parties and the Court are familiar with the history of this
case, the Court includes only those facts relevant to the
plaintiffs in this case are Craig Stanley, the Trust, and
Stanley's girlfriend Millicent Andrade. Plaintiffs filed
the Complaint on June 26, 2016. ECF No. 1. Plaintiffs have
had eleven attorneys of record since then, all of whom have
withdrawn. See, e.g., ECF No. 76 (withdrawal of
Michael Jay Green and substitution of Cades Schutte); ECF No.
88 (order granting pro hac vice applications of Lawrence
Ecoff, Alberto Campain, and Ginni Kim); ECF No. 276 (entering
order granting Lawrence Ecoff, et al.'s motion to
withdraw); ECF No. 382 (order granting Cade Schutte's
motion to withdraw); ECF No. 383 (notice of appearance by
David Robert Squeri, III); ECF No. 393 (motion to withdraw by
David Robert Squeri, III); ECF No. 476 (hearing on William
Shipley's oral motion to withdraw).
revolving door of Plaintiffs' attorneys has substantially
delayed this litigation. In March 2018, Mr. Ecoff moved to
withdraw after receiving an email from Plaintiff Andrade
terminating him as counsel for Plaintiffs, “effective
immediately.” ECF No. 264 at 4. Another attorney,
Dennis Chong Kee, filed his motion to withdraw in December
2018, a month before the case was set to go to trial. ECF No.
374. The Court vacated the January trial date and held a
status conference to discuss Plaintiffs' delay tactics.
The Court set a firm trial date of July 8, 2019 and informed
Plaintiffs that it would not tolerate any more games.
the Court's warnings, Plaintiffs were unable to get along
with their next attorney. Mr. Squeri filed a motion to
withdraw after only twelve days on the case due to
“irreconcilable and unresolvable disputes” and
“a breakdown of trust.” ECF No. 393 at 3. The
Court found good cause for withdrawal and granted Mr.
Squeri's motion. ECF No. 396. However, at this point
Plaintiffs' repeated attorney hiring and firing had taken
substantial time from the Court and caused trial delays. In
its February 1, 2019 Order, the Court cautioned Plaintiffs:
Although withdrawal is being permitted, Plaintiffs are
cautioned that further delays will not be tolerated.
Plaintiffs have had multiple opportunities to retain new
counsel and prepare for trial. The recurring problems between
Plaintiffs and their attorneys have prejudiced Defendants,
impaired the Court's ability to control its docket, and
interfered with the administration of justice. Notably, the
issues between Plaintiffs and their attorneys have not been
limited to one attorney or one firm, causing the Court to
surmise that Plaintiffs are engaging in delay tactics and
gamesmanship. The Court will not grant any further
continuances or allow further delay tactics. Plaintiffs have
until February 14, 2019 to retain new local counsel who is
ready, willing, and able to try this case, or serve as local
counsel to Mr. Feher (assuming Mr. Feher otherwise qualifies
for pro hac vice admission), on July 8, 2019. At the January
31, 2019 hearing, Mr. Feher represented that he will be
prepared to try this case on July 8, 2019.
If Plaintiffs have not retained new counsel by February 14,
2019, Plaintiffs Craig B. Stanley, individually, and
Millicent Andrade, individually, will be deemed to have opted
to proceed pro se. Claims brought by Plaintiffs Atooi Aloha,
LLC and the Edmon Keller and Cleavette Mae Stanley Family
Trust will be at risk of dismissal, pursuant to Local Rule
. . . Plaintiffs are reminded that serious consequences will
result if they fail to appear at the February 15, 2019 status
conference with local counsel who is ready to proceed to
trial on July 8, 2019.
Id. at 4-6.
February 14, 2019, William Shipley filed a Notice of
Appearance. ECF No. 397. Plaintiffs Andrade and Stanley
appeared with Mr. Shipley for the February 15, 2019 status
conference and the Court again warned Plaintiffs that trial
was set for July 8, 2019 and would not be continued. Mr.
Shipley represented he would indeed be ready for trial on
final pretrial conference took place on June 12, 2019 and the
hearing on various motions in limine was held on July 3,
2019, at which Mr. Shipley appeared familiar with the case
and prepared for trial. There was no indication that
Plaintiffs were having difficulties with their attorney, and
the Court expected the case to finally proceed to trial as
8, 2019, when jury trial was set to begin, the Court held a
status conference with Plaintiffs and Defendants present.
Potential jurors awaited jury selection in the courthouse.
Mr. Shipley informed the Court that he believed his clients
wanted to say something to the Court about his performance.
Plaintiff Andrade elected to speak and advised the Court of
her belief that Mr. Shipley was colluding with defense
counsel. Plaintiff Stanley stood up and remarked
on, among other things, his past eye surgeries and Hurricane
Iwa. Mr. Shipley then advised the Court of his intent to file
a motion to withdraw, and, after the Court gave Plaintiffs an
opportunity to reconcile with Mr. Shipley, Mr. Shipley orally
moved to withdraw as counsel. The Court sealed a portion of
the proceeding to discuss the withdrawal with Mr. Shipley and
the sealed portion of the hearing,  while Mr. Shipley was
speaking to the Court, Plaintiff Stanley stood up and began
yelling. Plaintiff Stanley told those in the courtroom
“shut up, ” “it's all bullshit, ”
“you guys are crazy, ” “fuck you guys,
” “you guys are all shit, ” and
“you're all fucked.” Tr. of R. at 11-13, July
8, 2019, ECF No. 477. He attempted to exit the courtroom
while yelling, “Hey Bill [Shipley], you'd better
shut your fucking mouth.” Id. at 12. Although
the courtroom was locked because the hearing was sealed,
court staff allowed Plaintiff Stanley out of the courtroom
for everyone's safety. Plaintiff Stanley walked out of