Lopez v. CSX Transp., Inc.
| Decision Date | 20 October 2020 |
| Docket Number | Case No. 3:14-cv-257 |
| Parties | JONATHAN LOPEZ, by his cousin and duly appointed guardian ad litem, RAMONA ILLARAVA Plaintiff, v. CSX TRANSPORTATION, INC., Defendant. |
| Court | U.S. District Court — Western District of Pennsylvania |
MEMORANDUM OPINION
Before the Court is Defendant CSX Transportation's ("CSXT") "Motion to Remove Plaintiff's Guardian Ad Litem" and brief in support. (ECF Nos. 122, 123) Plaintiff Jonathan Lopez, by his cousin and duly appointed guardian ad litem, Ramona Ilarrava, has filed a response and brief in support. (ECF Nos. 129, 130) CSXT has filed a reply. (ECF No. 133) With the Court's permission, Plaintiff's response and Defendant's reply were filed under seal. (ECF Nos. 128, 132) Lopez himself has submitted an email to the Court. (ECF No. 134) This motion is fully briefed and ripe for disposition. For the following reasons, the Court DENIES CSXT's Motion.
On January 18, 2013, a CSXT-operated train struck Lopez as he crossed rail tracks in Cambria County, Pennsylvania. (ECF No. 63 at 2-4) Due to an irretrievable breakdown between Lopez and his counsel, counsel sought to withdraw; the Court granted this request. (ECF Nos. 89, 92) Lopez then proceeded pro se. On February 19, 2019, after nearly five years of litigation, including the resolution of dispositive motions, CSXT moved for a continuance of trial and an independent medical examination of Lopez based on Lopez's actions toward his counsel, social media posts, and a psychiatric evaluation of Lopez based on those posts. (ECF Nos. 63, 84) The Court granted CSXT's motion to continue trial. (ECF No. 93) On August 23, 2019, the Court held a pretrial conference, consolidated with argument on CSXT's motion for an independent medical exam. (ECF No. 99)
On August 23, 2019, the Court granted CSXT's Motion for an independent medical examination of Lopez (ECF No. 84) and ordered Lopez to undergo a medical examination to determine his competency. (ECF No. 100) The Court continued trial until March 9, 2020, to permit sufficient time to resolve the issue of Lopez's competency. (ECF No. 101) Shortly after the entry of the continuance, Lopez was arrested on criminal charges in the Southern District of New York and detained until December 19, 2019. (United States v. Lopez, No. 19-cr-899 (S.D.N.Y., Dec. 19, 2019) Due to his detention, Lopez was unable to undergo the medical exam as ordered, and at the pretrial conference on February 10, 2020—at which Lopez did not appear—the Court again ordered Lopez to undergo a medical exam. (ECF No. 106) At the pretrial conference, CSXT's counsel informed the Court that Lopez had been posting on social media that he did not intend to continue pursuing this case. (ECF No. 105) On February 24, 2020, the Court received Lopez's request for voluntary dismissal with prejudice (ECF No. 108) and on February 26, 2020, CSXT notified the Court that it did not object to Lopez's request. (ECF No. 109) To date, Lopez has not undergone the medical examination ordered by this Court to determine his competency.
In its August 23, 2019, order, the Court determined that the circumstances of this case were sufficient to trigger its independent obligation under Federal Rule of Civil Procedure 17(c) to inquire into Lopez's competency. (ECF No. 100 at 3) The order stated that the Court wouldresolve the issue of Lopez's competency to represent himself following the examination, briefing from the parties, and a hearing. (Id. at 3-4) On March 6, 2020, the Court appointed Ramona Ilarrava, Lopez's cousin, as his guardian ad litem for purposes of this action without holding a hearing and without Lopez having undergone the Court-ordered medical examination. (ECF No. 110)
After the appointment of Ms. Ilarrava as Lopez's guardian ad litem, Lopez's former attorney, who had withdrawn, returned to the case on May 28, 2020. (ECF No. 116)
CSXT filed the instant "Motion to Remove Plaintiff's Guardian Ad Litem" and brief in support on August 31, 2020. (ECF Nos. 122, 123) Trial in this case is scheduled to begin on November 2, 2020. Plaintiff Jonathan Lopez, by his cousin and duly appointed guardian ad litem, Ramona Ilarrava, filed a response on September 17, 2020. (ECF Nos. 129, 130) CSXT filed a reply brief on September 25, 2020. (ECF No. 133) Lopez himself has submitted an email to the Court dated September 22, 2020:
(ECF No. 134)1 This motion is fully briefed and ripe for disposition.
The Court has received significant evidence regarding Lopez's competency and has had numerous opportunities to observe Lopez and his behavior throughout the duration of this case. The evidence regarding Lopez's competency can be divided into: (1) Lopez's activity on the internet and social media; (2) the hearing on the motion for an independent medical examination in which Lopez appeared pro se; (3) mental health evaluations of Lopez; and (4) Lopez's written communications with opposing counsel and the Court.
In an undated post on the website barcomplaint.com, but appearing to have been posted in or after 2017, Lopez posted a rambling and at times incoherent complaint about his attorney in which he acknowledged that he had sustained a brain injury from being hit by the train and, as a result, "had to teach [him]self how to walk speak read and remember things." (ECF No. 85 at 30) But Lopez stated that his "[h]istory of injury's and [his] history of history is motivation to takeadvantage of me to try to manipulate the system to label me to be delusional incapable and moronic to those in higher authorities." (Id.) Lopez also stated that "[t]he past years I had to deal with human tricks that have been unseen like the adjusting and shortening to my prosthetic causing me discomfort pain and hurt." (Id. at 29)
On January 6, 2016, in response to a Facebook comment by his mother, Lopez claimed: "I'm positively sure her Facebook page has been hacked by [his lawyer] as well as Csx transportation to keep my injury case private so I will reach a Financial whole in by benefit by trying to erase my identity and Slandering my character and Who I am." (ECF No. 85 at 51)
On February 14, 2018, Lopez posted a letter on Facebook from his attorney dated January 22, 2016, responding to the questions that Lopez had sent to his attorney. (Id. at 32) The letter makes clear that Lopez had accused his lawyer of being employed by, associated with, or paid by CSXT. (Id.) Lopez's letter also accused his attorney of trying to kill him and of "putting a hit out" on him. (Id.) The letter also referenced an incident in which his attorney went to Lopez's house and Lopez "brandished a gun making threats" and another occasion when his attorney "stopped at [Lopez's] home and knocked on the door, [Lopez] opened [the door] pointed a gun directly at [his attorney] and stated 'get the f--- off my property.'" (Id.)
On February 16, 2018, Lopez posted a picture of a document that he signed before a notary on January 22, 2016, about his attorney calling the police after Lopez brandished a gun at him.2 (Id. at 34-36) The statement notes that Lopez had asked his attorney multiple times if he wastrying to kill Lopez. (Id. at 34) Lopez stated that "he thanks God For granting him the gift to see behind closed doors." (Id.) The statement also quotes Lopez as saying to his attorney that (Id.) The statement further noted that "Lopez stated to law enforcement that [his attorney] put out a hit on Mr. Lopez on August 10th 2015." (Id.)
The statement also details Lopez belief that a "hit" had been attempted on him. (Id.) According to Lopez, he and his roommate were doing laundry at a laundromat and then went to Dollar General. (Id.) Lopez waited in the car and noticed cars...
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