Opinion
Civil No. 04-433 WPJ/WDS.
August 31, 2005
FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST STUART T. GUTTMAN
THIS MATTER came before the Court sua sponte and upon Defendant Silverberg's Motion to Have Plaintiff Guttman Deemed a "Frequent Filer" and to Have Relief Entered Accordingly, filed June 14, 2005 (Doc. 85). Pursuant to the findings and conclusions set forth in the Memorandum Opinion and Order which accompanies this Final and appealable Rule 58 Judgment;
IT IS THEREFORE ORDERED and ADJUDGED that the proposed filing restrictions contained in the Court's Memorandum Opinion and Order filed on August 10, 2005 (Doc. 133) shall become effective immediately as of the date of the filing of this Memorandum Opinion and Order. These restrictions are as follows:
Stuart T. Guttman is hereby PERMANENTLY ENJOINED from filing any new lawsuits in the United States District Court for the District of New Mexico unless Stuart T. Guttman complies with the following preconditions:
1. Stuart T. Guttman, whether filing individually or jointly, must be represented by a properly licensed attorney who certifies that, based on the attorney's review of the complaint, it states a cause of action and meets the pleading requirements of Fed.R.Civ.P.8 and factual predicate requirements of Fed.R.Civ.P.11. Thus, if Stuart T. Guttman is represented by counsel who makes this required certification, the proposed complaint will be received and filed. Alternatively, if Stuart T. Guttman seeks to proceed as a pro se litigant, he must comply with the following:
a. Stuart T. Guttman must demonstrate, by separate affidavit to the Court, which must accompany the proposed complaint, that the action is commenced in good faith and is not malicious or "without arguable merit." Tripati, 878 F.2d at 353; In re Green, 669 F.2d 779, 787 (D.C. Cir. 1981).
b. The proposed complaint must be certified as provided by Fed.R.Civ.P.11.
c. The proposed complaint must include a list of every previous action which he filed, either individually or jointly, in federal or state courts, and must provide the names of all parties in such actions, as well as the docket numbers. The proposed complaint must disclose the status prior lawsuits, the outcome and any appeals and their outcome.
d. Stuart T. Guttman must provide a list apprising the Court of all outstanding injunctions or orders limiting his access to state or federal courts, including orders and injunctions requiring Stuart T. Guttman to seek leave to file matters pro se or requiring that he be represented by an attorney. A copy of each order or injunction must be submitted with each proposed complaint.
e. A notarized affidavit, in proper legal form, must be submitted with the proposed complaint which recites the issues the litigant or litigants (if filing jointly) seek to present, including a short discussion of the legal basis asserted, and describing with particularity the legal challenge being presented. The affidavit must disclose whether the same or similar claims were asserted in any prior action filed by him or them, and must disclose the status of that prior action, as well as provide the style of the case, the docket number and the name of the court where the prior action was filed. The affidavit must certify that the legal arguments being raised are not frivolous or made in bad faith, that they are warranted by existing law or by a good-faith argument for the extension, modification or reversal of existing law.
2. Upon receipt of the proposed complaint and affidavit, the Clerk of Court shall submit the document package to the Court for pre-filing review. Should the Court determine that the case appears to state a cause of action, appears to have been commenced in good faith and is not malicious or without arguable merit, or repetitive, the Court will authorize the Clerk of Court to accept the pleading for filing.
3. Should the Court decline to accept the pleading for filing, it shall be returned to Stuart T. Guttman.
4. This Final Judgment and Permanent Injunction against Stuart T. Guttman shall be effective immediately upon its filing, but shall not apply to any pre-existing case filed before the entry of this Final Judgment and Permanent Injunction.
5. This Final Judgment and Permanent Injunction constitutes a final, appealable Order and this Permanent Injunction shall not prohibit Stuart T. Guttman from filing an appeal to the United States Court of Appeals for the Tenth Circuit.
The above-captioned case is hereby DISMISSED IN ITS ENTIRETY.