District Court, W.D. Washington, 2023

In the Guardianship of: Omana Thankamma

In the Guardianship of: Omana Thankamma
District Court, W.D. Washington · Decided November 14, 2023
In the Guardianship of: Omana Thankamma

Trial Court Opinion

HONORABLE RICHARD A. JONES UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 CHANNA COPELAND, as guardian 11 of Omana Thankamma, CASE No. 2:23-cv-00190-RAJ 12 Plaintiff, ORDER 13 v. JAYAKRISHNAN NAIR, Defendant.

This matter comes before the Court on Plaintiff Channa Copeland’s Motion for Attorneys’ Fees and Costs (Dkt. ## 5, 9) and Plaintiff’s Motion to Declare Jayakrishnan Nair a vexatious litigant. Dkt. # 5. This Court previously granted Plaintiff’s request for attorneys’ fees pursuant to 28 U.S.C. § 1447(c), ordered Mr. Nair to show cause why a vexatious litigant order should not be entered against him, and made factual findings as required by De Long v. Hennessey, 912 F.2d 1144 (9th Cir. 1990). Dkt. # 8. Plaintiff Copeland submitted documentation in support of her request for attorneys’ fees and costs.

Dkt. # 10. Defendant Nair has opposed the granting of attorneys’ fees to Plaintiff and opposes the entry of a vexatious litigant order against him. Dkt. # 14. On November 8, 2023, the Court held a virtual status hearing and heard arguments from the parties regarding the pending motions. Dkt. # 20. Having considered the submissions of the parties, the written and oral arguments of counsel, the relevant portions of the record, and the applicable law, the Court GRANTS Plaintiff’s request for attorneys’ fees in the amount of $8,796.00 and ENTERS the following vexatious litigant order against Jayakrishnan Nair: 6 1.) Jayakrishnan Nair must seek and obtain this Court’s written permission prior to 7 bringing any removal action or federal action related to Omana Thankamma.

8 2.) In seeking this Court’s permission, Nair must establish that his filings have 9 sufficient merit to proceed.

10 3.) If Nair fails to make such a showing, or the notice of removal or complaint 11 suffers from the same defects presented in Nair’s prior federal filings, this 12 Court may deny permission to proceed and dismiss any removal action or 13 federal action.

DATED this 14th day of November, 2023.

A The Honorable Richard A. Jones 19 United States District Judge

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