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D. Minn.Procedural orderFiled Nov. 29, 2018

Yousefzadeh v. Hill-Rom, Inc.

Judge
Susan Nelson
Docket
0:17-cv-05501
Court
U.S. District Court · District of Minnesota
Pages
4
Civil ProcedurePro Se
In one sentence

In Yousefzadeh v. Hill-Rom, Judge Leung denied the plaintiff’s motion challenging an opposing attorney’s authority to act.

Who this affects

The ruling directly affected Mahmoud Yousefzadeh and Hill-Rom Company, Inc.; it rejected Yousefzadeh’s challenge to Brandon Haugrud’s authority to represent Hill-Rom.

What happened

In Yousefzadeh v. Hill-Rom Company, Inc., Mahmoud Yousefzadeh, representing himself, asked the court to dismiss activities conducted by Hill-Rom’s attorney, Brandon Haugrud. He argued that Haugrud had not signed certain documents and therefore was not authorized to act for Hill-Rom.

The court noted that Yousefzadeh did not follow local filing requirements, including meeting and conferring with Hill-Rom or obtaining a hearing date. The court also explained that Haugrud was licensed in Minnesota, admitted to practice before the court, and had filed a notice of appearance for Hill-Rom.

The court denied Yousefzadeh’s motion. Magistrate Judge Tony N. Leung also cautioned that future filings intended to delay the case could lead to sanctions or other remedies.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Yousefzadeh v. Hill-Rom, Inc. · No. 0:17-cv-05501
Judge
Susan Nelson
Date
Nov. 29, 2018

Background

Mahmoud Yousefzadeh, who was representing himself, filed a motion titled “Notice of Motion and Motion for Dismissing Conducted Activities by Attorney Brandon Haugrud and Depositions.” He asked the court to dismiss all activities that attorney Brandon Haugrud had conducted in the case. Yousefzadeh argued that Haugrud was not authorized to represent Hill-Rom Company, Inc. because Haugrud had not signed Hill-Rom’s answer to the amended complaint or a letter accompanying a deposition notice. The opinion states that Yousefzadeh did not cite legal authority or a specific rule supporting his argument.

Court’s analysis

The court first determined that Yousefzadeh had not complied with the court’s local procedural rules. There was no indication that he had met and conferred with Hill-Rom before filing the motion, and he had not contacted the magistrate judge to obtain a hearing date. The court stated that these procedural failures alone would have been sufficient to deny the motion. It also reiterated that representing himself did not excuse Yousefzadeh from complying with the Federal Rules of Civil Procedure and the court’s local rules.

The court separately concluded that the motion had no legal support. It found that Haugrud was licensed to practice in Minnesota, admitted to the bar of the federal court, and in good standing. Haugrud had also filed a notice of appearance on March 21, 2018, on behalf of Hill-Rom. The court held that this notice showed that Haugrud was representing Hill-Rom in the case.

Ruling

The court denied Yousefzadeh’s motion. It left prior consistent orders in effect and warned that future filings appearing intended only to delay the case could result in appropriate remedies or sanctions, including costs, fines, attorney’s fees, limits on evidence, striking pleadings, dismissal with prejudice, or default judgment. The order was signed by Magistrate Judge Tony N. Leung.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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