Opinion
97 Civ. 7666 (LAK)
February 6, 2002
ORDER
This employment discrimination case went to trial before a jury in November 1999. After the commencement of the trial, plaintiff failed to appear and informed the Court that he did not intend to proceed further. The case was dismissed with prejudice based both on plaintiff's failure to appear and on his commission of fraud on the Court, the details of which are well set out in the record. Final judgment was entered on November 8, 1999.
Subsequent to the entry of final judgment, plaintiff began writing various letters addressed variously to defendants' counsel, defendant, the undersigned and to other court personnel. By order dated March 10, 2000, the Court directed the Clerk to return all of those materials to the plaintiff. The order further provided:
"Further, plaintiff is directed to cease sending correspondence to the Court and other miscellaneous materials to the Court. If plaintiff has any application for relief, it shall be made by motion, served on opposing counsel, and the original with proof of due service shall be filed with the Clerk of the Court."
For a time after entry of the March 10 order (entered March 13, 2000), things were quiet. Earlier this year, however, plaintiff again began sending ex parte letters to the undersigned.
The Clerk is directed to docket plaintiff's letter, dated February 5, 2002, with its attachments. Plaintiff, however, is warned that the sending of his letters of February 5 and January 15, 2002 letters to the undersigned were in flat violation of the quoted paragraph of the order dated March 10, 2000. Any further violations of the order may result in the commencement of contempt proceedings against plaintiff, which could result in the imposition of a prison sentence, or the imposition of other sanctions. The Clerk shall serve a copy of this order on plaintiff by registered mail, return receipt requested.
SO ORDERED.