Tangwall v. Bankruptcy Trustee Larry Compton et al

4:18-cv-00007Akd30.11.2020

Gesamter Gesetzestext

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
DONALD TANGWALL,
Plaintiff,
v.
BANKRUPTCY TRUSTEE LARRY
COMPTON, et al.,
Defendants.
Case No. 4:18-cv-00007-SLG
SUPPLEMENTAL VEXATIOUS LITIGANT ORDER
On October 3, 2018, this Court granted Defendant Bankruptcy Trustee Larry
Compton’s Motion to Declare Donald Tangwall a Vexatious Litigant and Require
Pre-Filing Order for Him to File Any Pleadings.1 After reviewing Mr. Tangwall’s
extensive litigation history in this Court and elsewhere, the Court found that
“Donald Tangwall (a/k/a Don Tangwall, Donald A. Tangwall, Tangwall), in his
individual capacity and in his capacity as trustee, former trustee, or trust protector
for the Toni 1 Trust, is a vexatious litigant.”2 The Court ordered that Mr. Tangwall
be “permanently enjoined from filing any complaints, pleadings, or other
1 Docket 31 (Vexatious Litigant Order).
2 Docket 31 at 10.
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documents in this Court without obtaining express prior written permission of this
Court.”3
Since the issuance of the original Vexatious Litigant Order at Docket 31, Mr.
Tangwall repeatedly failed to abide by the Court’s order. Mr. Tangwall continued
to make numerous filings that were not in conformance with the requirements of
the Vexatious Litigant Order and he used other individuals and entities to make
filings on his behalf to circumvent the Vexatious Litigant Order entirely.4
On May 18, 2020, the Court issued a Notice of Intent to Enter Supplemental
Vexatious Litigant Order.5 In accordance with the All Writs Act, 28 U.S.C. §
1651(a) and the corresponding case law,6 the Court gave Mr. Tangwall notice and
an opportunity to oppose a supplemental vexatious litigant order. Additionally, the
Court compiled a record of the repeated filings by Mr. Tangwall, his associates,
and other legal entities since the Vexatious Litigant Order7; made substantive
3 Docket 31 at 10.
4 See Tangwall v. Compton, et al., Case No. 4:18-cv-00007-SLG, Dockets 33, 37, 38, 40,
45, 46, 58, 59, 60, 61, 76, 77, 78, 79, 84, 86, 87, 100, 104, 108, 115, 117, 118, 119, 121
and 122; see also Tangwall v. Buscher, Case No. 4:19-cv-00011-SLG; Uphues v. Law
Offices of William R. Satterberg, Case No. 4:19-cv-00024-SLG; Halibut Trust v.
Floerchinger, Case No. 4:20-cv-00005-SLG.
5 Docket 123.
6 Ringgold-Lockhart v. Cty. of L.A., 761 F.3d 1057, 1061 (9th Cir. 2014) (citing DeLong v.
Hennessey, 912 F.2d 1144, 1147 (9th Cir. 1990)).
7 Docket 123 at 4-11.
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findings of frivolousness and harassment8; and tailored the scope of a future order
to address Mr. Tangwall’s continued wrongful conduct, by any person or entity
directly or indirectly controlled, in whole or in part, by Donald Tangwall, including
any members of his family (“Tangwall Entity”).9
Specifically, the Court gave notice of its intent to find: (1) each Tangwall
Entity is a vexatious litigant; (2) a Supplemental Vexatious Litigant Order, if
entered, would not block any Tangwall Entity’s access to the judicial system;
rather, and would ensure that any potential filing made by any Tangwall Entity in
the District of Alaska is not frivolous and is filed in good faith, prior to involving
other parties.10 The Court gave Mr. Tangwall 28 days to respond to the notice.11
No response was filed.12
8 Docket 123 at 11-12.
9 Docket 123 at 12-13; The Court notes that other courts have entered vexatious litigant
orders against Mr. Tangwall that likewise apply to entities or persons within his control.
For instance, the Bankruptcy Court for the District of Alaska prohibited Mr. Tangwall and
“any entity directly or indirectly controlled, in whole or in part, by Donald A. Tangwall” from
filing anything without prior express permission. In re Bertran, No. 12-00501-FC, Docket
265 (May 3, 2017). Similarly, the District Court for the District of Montana’s screening
order against Mr. Tangwall applies to “any other corporation, trust, or other legal entity
acting under the direction of Donald Tangwall . . . or any other individual acting under the
direction of Donald Tangwall”). See Tangwall v. Wacker, No. 18-cv-165-BLG-SPW, 2019
WL 4746742, at *9 (D. Mont. Sept. 30, 2019)).
10 Docket 123 at 13-14.
11 Docket 123 at 14.
12 See Tangwall v. Compton, et al., Case No. 4:18-cv-00007-SLG.
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Accordingly, the Court now enters the following Supplemental Vexatious
Litigant Order:
IT IS ORDERED as follows:
1. Each Tangwall Entity (as defined above) is permanently enjoined from
filing any complaints, pleadings, or other documents in this Court without
obtaining express prior written permission of this Court.13
2. Such permission may be obtained by attaching to any proposed
complaint, pleading, or other filing a document captioned “Application
Seeking Leave to File” (“Application”). The Application MUST be
supported by a declaration under penalty of perjury signed by a
representative of the Tangwall Entity stating: (1) that the matters
asserted in the complaint, pleading, or other filing have never been
raised and disposed of on the merits by any court; (2) that the claim or
claims are not frivolous, or made in bad faith, or made for purposes of
harassment; and (3) that the Tangwall Entity has conducted a
reasonable investigation of the facts, and its investigation supports the
claims or allegations.14 In addition, a copy of this order shall be attached
to any Application. The Application, a copy of this order, and the
13 This order does not apply to a notice of appeal of this order or any other final orders
issued by the U.S. District Court for the District of Alaska.
14 See generally Fed. R. Civ. P. 11(b).
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proposed document may be mailed or delivered directly to the Clerk’s
Office of the United States District Court for the State of Alaska. Upon
receipt of the Application, the Clerk’s Office shall file and docket the
Application only and then receive-stamp the underlying documents.
The Clerk’s Office shall then promptly forward the Application and
proposed filing to Judge Sharon L. Gleason for her review. Unless
directed otherwise by the Court, counsel or other parties to the case
shall not file any response or reply to the Application.
3. If any Tangwall Entity fails to follow the terms of this order and attempts
to file complaints, pleadings, or other documents without the
Application, the Clerk’s Office shall only receive-stamp the materials
and send them to Judge Sharon L. Gleason for her review. The
materials should not be filed with the Court; however, it should be noted
on the docket of the case that the materials have been sent to Judge
Sharon L. Gleason for her consideration.
4. This Court will disapprove and deny the filing of any proposed complaint,
pleading, or other document, which fails to include the preceding
information, as required by this order, or which fails to otherwise set forth
substantive arguments based on federal or state law, or which fails to
follow the rules of the Federal Rules of Civil Procedure and the local
rules adopted by the Alaska District Court.
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5. Failure to comply with this order will be sufficient grounds to deny any
Application made by any Tangwall Entity.
6. The Court retains jurisdiction over Donald Tangwall and each Tangwall
Entity to ensure compliance with this order.
7. This order does not replace the Vexatious Litigant Order, which remains
in effect.
IT IS SO ORDERED.
DATED this 30th day of November, 2020 at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
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