In Thе Matter of HARTFORD TEXTILE CORPORATION, Oxford Chemicals, Inc.,
Wellington Print Works, Inc., Debtors. Rose SHUFFMAN, As
Executrix of the Estate of Oscar Shuffman, Appellant,
v.
HARTFORD TEXTILE CORPORATION, Oxford Chemicals, Inc.,
Wellington Print Works, Inc., Appellees.
No. 991, Docket 82-5003.
United States Court of Appeals,
Second Circuit.
Heard May 21, 1982.
Decided June 16, 1982.
David K. Shuffman, New York City, for appellant.
Bruce R. Zirinsky, New York City, for appellees.
Before TIMBERS, VAN GRAAFEILAND and KEARSE, Circuit Judges.
PER CURIAM:
This case, which has an almost unparalleled history of frivolous and repetitious claims, motions, petitions, demands, and appeals, arose out of the bankruptcy court's denial of appellant's claim for $80,000 sales commissions allegedly owed to aрpellant's deceased husband. See In re Hartford Textile Corp.,
Somewhat of the tortuous history of this litigation can be gleaned from later rеported decisions of this Court. In Matter of Hartford Textile Corp.,
In Matter of Hartford Textile Corp.,
The appeal in In re Hartford Textile Corp.,
On May 20, 1981, appellant was in our Court once again, arguing that the bankruptcy сourt should have granted her motion for the appointment of a receiver. In re Hartford Textile Corp.,
As of the date of the instant opinion, by actual count, we find that Shuffman during the past three years hаs inundated this Court with more than a hundred motions, petitions, requests, appeals and other filings, virtually all of which have been utterly frivolous, totally devoid of mеrit, obviously repetitive and demonstrably vexatious.
Id. at 305.
We also pointed out that the Supreme Court had denied at least twelve petitions filed by appellant's attorney and that appellant's filings in the district and bankruptcy courts had been "countless". We affirmed the order appealed frоm, and awarded double costs and $5,000 in damages against appellant's attorney. Shuffman's petition for certiorari was denied by the Supreme Court, --- U.S. ----,
Dеspite our award of double costs and damages, harassment continued. Four motions seeking relief from the award were denied by this Court. Appellant returned to this Court on April 23, 1982 appealing the district court's refusal to "sua sponte advise" this Court of an alleged error in a prior district court memоrandum and order and asking for the fifth time that this Court vacate its September 16, 1981 award. Matter of Hartford Textile Corp.,
On May 9, 1981, Shuffman had moved in the district court for an order vacating the district court's order of February 22, 1978, which had been affirmed by this Court in our first opinion.
Appellant's presentation to this Court on May 21, 1982, consisted simply of a repetition of the arguments rejected time and again by this Court. In аddition, questioning of counsel disclosed that the several judgments entered against appellant and/or her attorney for costs and damages rеmained unsatisfied.
The equity power of a court to give injunctive relief against vexatious litigation is an ancient one which has been codified in the All Writs Statute, 28 U.S.C. § 1651(a) (1976). Ward v. Pennsylvania New York Central Transportation Co.,
As we stated in our prior holdings, the proceedings initiated and pursued by appellant and her attorney havе been meritless and frivolous. They have resulted in vexation, harassment and needless expense to the appellees and have plaсed an unnecessary burden on the courts and their supporting personnel. We are convinced that, unless precluded from so doing, appеllant and her attorney will continue to make similar groundless and vexatious claims in the future and that, therefore, an injunction should issue to prevent the continuance of such harassment. Accordingly, it is hereby
ORDERED that Rose Shuffman, individually and as Executrix of the Estate of Oscar Shuffman, and her attorney David K. Shuffman, and each of them, are permanently enjoined from proceeding further in any manner whatsoever with the prosecution of the above-entitled proceeding, except (1) to seek rehearing with respect to this order by this panel or by the Court en banc, (2) to seek review of this order in the Supreme Court, and (3) to file papers responding to or opposing any application that may be made hereafter by any other party, provided that such papers are addressed solely to the arguments presented in the application and do not contain irrelevant matter; and it is further
ORDERED that Rose Shuffman, individually and as Executrix of the Estate of Oscar Shuffman, and her attorney David K. Shuffman, and each of them, are permаnently enjoined from relitigating or attempting to relitigate in any court in the United States, any of the claims, causes of action, or legal issues, that have been litigated already in the above proceeding; and it is further
ORDERED that, except as permitted in the first ORDERED paragraph above, Rose Shuffman, individually and as Executrix of the Estate of Oscar Shuffman, and her attorney David K. Shuffman, and each of them, are enjoined and precluded from filing any further papers in the above-entitled proceeding in the office of the Clerk of the Bankruptcy Court, the office of the Clerk of the United States Distriсt Court for the Southern District of New York or the office of the Clerk of the United States Court of Appeals for the Second Circuit without the further order of this Court.
SO ORDERED.
Notes
Courts also have traditional powers to stay further litigation where a plaintiff has failed to pay a judgment for costs entered against him in the same matter. Gaussen v. United Fruit Co.,
