Crenshaw v. Antokol

• Decision Date: 20 October 2003
• Docket Number: Civil Action No. 02-2215 (RMU).
• Citation: 287 F.Supp.2d 37
• Parties: Zena D. CRENSHAW, Plaintiff, v. Joan S. ANTOKOL et al., Defendants.
• Court: U.S. District Court — District of Columbia

287 F.Supp.2d 37

Zena D. CRENSHAW, Plaintiff, v. Joan S. ANTOKOL et al., Defendants.

Civil Action No. 02-2215 (RMU).

United States District Court, District of Columbia.

October 20, 2003.

Zena D. Crenshaw, Pro Se.

Paul J. Maloney, Carr Maloney, P.C., Washington, DC, for defendants Antokol, Cohen, Gallivant, Hodgson, Ice miller Donadio & Ryan, Hoffmann-LaRoche, McMurray, Wooden and Wooden & McLaughlin.

Robert F. Parker, Burke Costanza & Cuppy, LLP, Merrillville, IN, pro se.

Anthony R. Picarello, Jr., Washington, DC, for defendants Rehana Adat, Spangler Jennings & Dougherty.

Barry Coburn, Lisa A. Fishberg, Coburn & Schertler, Washington, DC, for defendant Bank One Trust Co.

Francis J. Gorman, Gorman R. Williams, Baltimore, MD, for defendant Martin.

Robert F. Parker, Pro Se.

MEMORANDUM OPINION

URBINA, District Judge.

TRANSFERRING THE ACTION TO THE NORTHERN DISTRICT OF INDIANA

I. INTRODUCTION

Pro se¹ plaintiff Zena Crenshaw ("the plaintiff") brings this action alleging violations of federal civil conspiracy and civil rights statutes by 15 defendants: Spangler, Jennings & Dougherty P.C. ("Spangler") and Rehana Adat (collectively, "the Spangler defendants"); Joan Antokol, Ralph Cohen, Bonnie Gallivan, Anita Hodgson, Ice Miller Donadio & Ryan ("Ice Miller"), Hoffman-LaRoche, Inc. ("Hoffman-LaRoche"), Julie McMurray, William Wooden and Wooden & McLaughlin (collectively, "the lawyer defendants"); James Martin; Mary Paschen; and Bank One Trust Company, N.A. ("Bank One"). In response, several defendants filed motions to dismiss claiming, inter alia, improper venue. Because venue is not proper in the District of Columbia and the interest of justice favors transfer, the court transfers this action to the Northern District of Indiana.

II. BACKGROUND

A. Factual Background

The plaintiff is an African-American woman who was admitted to the practice of law in Indiana. Compl. ¶ 1. As the court noted in its previous memorandum opinion, the plaintiff's 85-page complaint outlines a complicated series of interlocking events and lawsuits. Crenshaw v. Antokol, 238 F.Supp.2d. 107, 108-09 (D.D.C. 2002). These events fall into two categories: those relating to a state products-liability suit and those relating to the management of the plaintiff's mother's estate.

1. The Sanchez Litigation

In 1993, on behalf of minor client Sylvia Sanchez, the plaintiff brought suit in Indiana state court against drug manufacturer Hoffmann-LaRoche, two doctors, and a pharmacy and another individual. Compl. ¶ 2. The Sanchez complaint alleged a civil conspiracy that resulted in injury to the plaintiff's client from an adverse drug reaction. Id. ¶¶ 3, 16-19, 26. Representing Hoffman-LaRoche in this litigation were defendants Cohen, Gallivan, and Hodgson of Ice Miller, assisted by Hoffman-LaRoche in-house counsel defendants McMurray and Antokol. Id. ¶¶ 6, 27-29. Defendant Spangler represented the pharmacy and the individual. Id. ¶ 5.

The trial judge granted Hoffman-LaRoche's motion to dismiss. Id. ¶¶ 20, 22. Subsequently, the plaintiff successfully moved to amend her client's complaint. Id. ¶¶ 23-25. After some discussion between the plaintiff and defendant Hodgson, Hoffmann-LaRoche moved to dismiss the plaintiff's amended complaint and requested attorney's fees based on the plaintiff's "frivolous" action. Id. ¶¶ 36, 39-49, 50, 77. The trial judge again granted Hoffmann-LaRoche's motion to dismiss but reserved ruling on attorney's fees until the plaintiff's appeal of the dismissal was resolved. Id. ¶¶ 73, 77. The state court of appeals affirmed the trial judge's dismissal, and the Indiana Supreme Court refused review. Id. ¶¶ 79, 85, 89, 94. Hoffman-LaRoche promptly renewed its request for attorney's fees, which the trial judge granted in 1997. Id. ¶¶ 95, 104, 131-35. The state court of appeals later reversed the trial judge on the issue of attorney's fees, however, with the Indiana Supreme Court again declining review. Id. ¶¶ 136, 140.

Not satisfied with the state appellate process, the plaintiff took two additional steps. Id. ¶ 141. First, she filed a complaint in state court (later removed to federal court) against the Sanchez trial judge and defendant Hodgson alleging violations of the United States Constitution, federal civil rights law, state conspiracy and declaratory judgment law. Id. ¶ 233; see Crenshaw v. Dywan, 34 F.Supp.2d 707 (N.D.Ind.1999). Defendant Wooden & McLaughlin represented defendant Hodgson in this proceeding. Compl. ¶ 317. The federal judge presiding over the case recused himself in the interests of justice after the plaintiff, citing alleged improper conduct by that judge in a previous case, twice moved to disqualify him. Id. ¶¶ 234-35; see Crenshaw v. Hodgson, 24 Fed. Appx. 619, 620 (7th Cir. Dec. 20, 2001). Because the federal judge found her allegations to be categorically false, however, he referred the matter to the Disciplinary Commission for the Supreme Court of Indiana ("the Commission"). Compl. ¶ 234.

Second, the plaintiff met with several African American attorneys in Lake County, Indiana and concluded that her treatment by the Sanchez trial judge was typical for minority attorneys prosecuting complex personal injury claims. Id. ¶¶ 142-43. At a June 1997 press conference held by a coalition of politicians, activists, churches, and citizens, she stated that the trial judge had taken action against her based on her race, and announced that she would be forwarding charges to the Indiana civil rights and judicial qualifications commissions—a step she took within a few days. Id. ¶¶ 143-45, 160. In response to a query from the judicial qualifications commission, the plaintiff wrote a letter stating that the Sanchez trial judge's ruling was consistent with the pattern of bias emanating from the state's courts of general jurisdiction. Id. ¶¶ 162-63. The plaintiff later sent a copy of the letter to the state civil rights commission and circulated the letter among members of the primarily African-American James Kimbrough Bar Association and the Lake County Bar Association ("LCBA"). Id. ¶¶ 164-66.

Within a few weeks, both the judicial qualifications commission and the civil rights commission dismissed the matter. Id. ¶¶ 168-69. Shortly thereafter, the LCBA board considered but eventually decided against filing a disciplinary complaint against the plaintiff. Id. ¶¶ 170-74. Notwithstanding the LCBA board's decision, in December 1997 LCBA member Robert F. Parker filed a grievance with the Commission against the plaintiff. Id. ¶¶ 176-77, 190.

2. The Estate of Nina M. Crenshaw

Nina M. Crenshaw, mother to the plaintiff, passed away in January 1996. Id. ¶ 203. Defendant Bank One served as the personal representative of her estate ("the Crenshaw estate"). Id. ¶ 282; Def. Martin's Mot. to Dismiss ("Def. Martin's Mot.") at 2. In October 1996, defendant Martin became the attorney for Bank One. Compl. ¶ 199; Def. Martin's Mot. at 2. In May 1997, the plaintiff received notice that the former personal representative of the estate had filed a grievance questioning the plaintiff's use of certain cash assets of the estate. Compl. ¶¶ 193, 196. Defendant Martin petitioned the plaintiff for authority to hire an attorney to recover certain estate assets from the plaintiff, but the plaintiff refused. Id. ¶¶ 199-200, 204.

In July 1997, after receiving a copy of the Martin petition, the Commission subpoenaed the plaintiff for information about the estate. Id. ¶ 202. Believing that she was facing heightened Commission scrutiny prompted by her charges against Sanchez trial judge, the plaintiff "forwarded a complaint" to the United States District Court for the Southern District of Indiana.² Id. ¶¶ 210-11. In April 1999, after the plaintiff failed to furnish the subpoenaed documents, the Commission suspended the plaintiff from the practice of law. Id. ¶¶ 213-14, 245. Two years later, in May 2001, the Commission dismissed the grievance stemming from the Crenshaw estate for lack of reasonable cause for misconduct. Id. ¶ 227.

In August 2001, defendant Paschen, a Bank One assistant vice president, petitioned the state probate court to allow Bank One to resign as the personal representative of the Crenshaw estate. Def. Martin's Mot. Ex. A. Bank One argued that its resignation was in the estate's best interest given that the plaintiff had filed a civil complaint against Bank One regarding its administration of the Crenshaw estate. Id. at 2 & Ex. A. Despite the plaintiff's objections, the court approved the petition in November 2001. Id.; Compl. ¶ 289. Representing Bank One in various suits brought by the plaintiff concerning the Crenshaw estate were defendant Martin and defendant Adat, an attorney at Spangler. Spangler Defs.' Mot. to Dismiss ("Spangler Defs.' Mot.") at 1; see also Compl. ¶¶ 290-309 (discussing subsequent lawsuits).

B. Procedural History

On November 8, 2002, the plaintiff filed a complaint in this court against the 15 above-referenced defendants, as well as nine members and the executive director of the Commission (collectively, "the Commission defendants"). Compl. at 1. In her complaint, the plaintiff alleges that the defendants violated the Racketeer Influenced and Corrupt Organizations ("RICO") Act, 18 U.S.C. §§ 1961 et seq., the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the First Amendment to the Constitution. Id. ¶¶ 2, 79, 81. The plaintiff also filed a motion for a temporary restraining order and preliminary injunction against the Commission defendants to prevent them from proceeding with certain disciplinary actions against her. Pl.'s Mot. for T.R.O. at 1, 3-4; Pl.'s Mot. for Prelim. Inj. at 1-2. On November 20, 2002, concluding that the plaintiff had failed to demonstrate a substantial likelihood of success on the merits given that venue was uncertain, the court denied both the temporary restraining order and the preliminary injunction. Crenshaw, 238 F.Supp.2d. at 112-14. Subsequently, the plaintiff voluntarily...