United Computer Systems, Inc. v. At & T Corp.

MEMORANDUM **

United Computer Systems (“UCS”) and its lawyer/owner, Steven J. Stanwyck, appeal the district court’s dismissal with prejudice of their case against AT & T 1 and its grant of AT & T’s motion to declare UCS and Stanwyck vexatious litigants. We review de novo the district court’s grant of a motion to dismiss, see Edwards v. Marin Park, Inc., 356 F.3d *820 1058, 1061 (9th Cir.2004), and we review for an abuse of discretion the district court’s vexatious litigant order. See De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir.1990). We affirm.

In this appeal, UCS and Stanwyck seek to compel an arbitration that they have never paid for, and therefore have not properly initiated. In United Computer Sys. v. AT & T Corp., 298 F.3d 756 , 766 (9th Cir.2002), we remanded this case to the district court to compel arbitration— the fourth arbitration demanded by UCS and Stanwyck (Arbitration IV) — provided that UCS “submit proof to the district court that it has properly initiated Arbitration IV by tendering the requisite filing fees” to the American Arbitration Association (“AAA”). 2 We instructed the district court that, if such proof was not tendered, the case should be…