Opinion
23-cv-03145-JSC
08-21-2023
MARC OLIN LEVY, Plaintiff, v. BROOKFIELD ASSET MANAGEMENT INC., Defendant.
ORDER DENYING LEAVE OF COURT TO FILE A NEW ACTION
JACQUELINE SCOTT CORLEY UNITED STATES DISTRICT JUDGE
Plaintiff Marc Olin Levy, representing himself, filed this civil complaint against Brookfield Asset Management, Inc. However, Mr. Levy was previously declared a vexatious litigant whose submissions are subject to pre-filing review. See Marc Olin Levy v. First Group/Greyhound, 17-cv-00412-KAW, Dkt. No. 10 (N.D. Cal. 2017). According to the prefiling review order, if Mr. Levy wishes to file a new action, he must provide a copy of the complaint to the Clerk's Office along with a letter requesting the complaint be filed, and a copy of the prefiling review order. (Id. at 7.) The Clerk's Office would then forward the complaint to the general duty judge to “determine whether plaintiff has stated a potentially cognizable claim in a short, intelligible, and plain statement.” (Id.) Plaintiff did not comply with the prefiling review order and instead filed his complaint here without seeking leave. The prefiling review order thus requires dismissal of this action. (Id.)
Further, even if the complaint had been submitted to the undersigned as the general duty judge at the time of its filing, the Court would have denied Plaintiff leave to file a new action. Plaintiff seeks $10 billion in voting stock in Brookfield Asset Management because it “failed to [illegible] claim in Chapter 11 bankruptcy.” (Dkt. No. 1 at 4.) No cognizable cause of action is apparent from this allegation.
The Court notes Plaintiff filed another action at the same time as this, Levy v. Simon Property Group, No. 23-3144 VC, again without obtaining permission from the court. The complaint there included the same allegations against a different defendant. (Dkt. No. 1 at 4.) The court dismissed the action for failure to state a claim. (Dkt. No. 7.)
Accordingly, in light of the vexatious litigant order, and given the complaint does not state a claim, the Court STRIKES the complaint. (Dkt. No. 1.) The Clerk shall terminate this case.
IT IS SO ORDERED.