Opinion
Case No. 3:01 CV7556
November 4, 2003
ORDER
This is a frivolous suit by a disgruntled union member against his local union, the President of the Local, and several benefit funds. Following a period of contentious and protracted discovery, the motions of all defendants for summary judgment were granted. The order granting summary judgment cautioned the plaintiff from continuing to pursue this litigation, either in this court or on appeal. Continuing to do so, this court admonished, would lead to an imposition of sanctions.
Plaintiff did not heed that advice. Instead, he appealed the summary judgment ruling to the Sixth Circuit. That court, basing its decision expressly on this court's order, upheld this court's decision. In addition, the Court of Appeals imposed sanctions pursuant to Fed.R.App.P. 38. Moore v. Int'l Brotherhood of Electrical Workers, Local 8, 76 Fed Appx. 82, 2003 WL 22177181 (6th Cir.) (Unpublished disposition).
Pending are motions by the defendants for an award of sanctions, including attorneys' fees and costs, pursuant to 28 U.S.C. § 1927 and/or this court's inherent power to punish litigants who proceed in bad faith. The plaintiff has not opposed the motions, which are clearly meritorious and shall be granted.
The record in this case speaks for itself on the issue of plaintiff's bad faith, vexatious, and malicious purpose in instituting and maintaining this litigation. His claims lack any merit whatsoever. He was on notice of that fact from the outset, as a result of communications from opposing counsel, and, as well, as a result of adverse decisions in other suits brought by him.
Nonetheless, plaintiff persisted, and his persistence must not be without its appropriate price. That price shall be an award in full of all reasonable costs, expenses, and attorneys' fees, including, inter alia, expenses and attorneys' fees related to pre-judgment discovery, preparation and filing of the motions for summary judgment, and preparation and filing of the instant motions and related affidavits for sanctions.
Defendants also request issuance of an injunction barring further litigation by the plaintiff without prior court approval. That order shall issue, and shall encompass all federal district courts, in view of the plaintiff's history of vexatious suits in this district and elsewhere.
In light of the foregoing, it is
ORDERED THAT:
1. Defendants' motions for sanctions (Docs. 101, 102, 104, 106) be, and the same hereby are granted;
2. Defendants granted leave to file affidavits stating their reasonable costs, expenses, and attorneys' fees on or before November 26, 2003; plaintiff's opposition to be filed on or before December 20, 2003; and
3. The plaintiff Lawrence Moore be, and hereby is permanently restrained and enjoined from filing suit in this or any other federal district court without first obtaining prior leave to do so on a showing of good cause to believe that such suit is brought in good faith and states one or more colorable claims for relief.
So ordered.