Glatzer v. Barone

Page 450

614 F.Supp.2d 450

Bernard H. GLATZER, Plaintiff, v. Hon. John A. BARONE, Hon. Larry S. Schachner, and Hon. Jonathan Lippman, Defendants.

No. 09 Civ. 0650.

United States District Court, S.D. New York.

May 1, 2009.

Opinion Denying Reconsideration May 20, 2009.

Bernard H. Glatzer, Bronx, NY, pro se.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Pro se plaintiff Bernard H. Glatzer ("Glatzer")¹ brought this action pursuant to 42 U.S.C. § 1983 ("§ 1983") seeking permanent injunctive relief directing defendants to hear and adjudicate certain actions pending before them in New York State courts. Defendants are Justice John A. Barone ("Barone") and Justice Larry S. Schachner ("Schachner") of the Supreme Court of the State of New York, Bronx County, and Jonathan Lippman ("Lippman"), then Presiding Justice of the New York State Supreme Court, Appellate Division, First Department (collectively "Defendants"). Defendants move to dismiss the action, challenging this Court's subject matter jurisdiction under the Rooker-Feldman doctrine, see Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923); District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983), as well as urging abstention under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). By Order dated March 30, 2009, the Court granted the Defendants' motion and dismissed the complaint. On that occasion the Court indicated that it would state its findings, reasoning, and conclusions in a subsequent Decision and Order. Accordingly, for the reasons stated below, Defendants' motion is GRANTED. Because the Court views this action as presenting such a clear and compelling case for its abstention from exercising jurisdiction, it would refrain from doing so on its own motion even if Defendants' motion were not before it. See Bellotti v. Baird, 428 U.S. 132, 143 n. 10, 96 S.Ct. 2857, 49 L.Ed.2d 844 (1976) (district court may raise abstention sua sponte).

I. BACKGROUND

This case is about a bad idea. Glatzer asks this Court to issue injunctions to compel state trial judges who dismissed two of his lawsuits to hear and adjudicate his actions again, as well as to restrain a state appellate court from undertaking further proceedings in connection with Glatzer's litigation. Since 1793, in accordance with a general principle decreed by congressional legislation and Supreme Court decisions for the preservation of this country's dual system of government, federal courts have been instructed not to grant injunctive relief to interfere with state judicial functions, with rare exceptions justified only in the most extraordinary exigencies. Still, despite this sound, longstanding constraint on federal judicial power, litigants, ever a hopeful, undaunted and creative lot, persist in testing the strength and outer limits of the policy. If nothing else, experience demonstrates that bad ideas, like weeds, are tenacious and resilient, endowed with an uncanny trait that, as if organic, enables them to find new fertile and receptive minds in which to take root. For courts entrusted to protect the constitution of the organic whole, this challenge recalls Voltaire's counsel for us all to eradicate "l'infâme," and cultivate our garden, so as to weed out potential enduring menaces. The first step in this task is to recognize any noxious notion for what it is, a bad idea, a species of unwanted growth.

Glatzer filed this action in this Court on January 22, 2009 and had served all three Defendants by January 28, 2009. Because Defendants had not answered the complaint by the due date of February 17, 2009, Glatzer sought and obtained from the Clerk of Court a Clerk's Certificate of Default, issued on February 20, 2009. By letter to the Court dated February 23, 2009, Defendants, represented by Anthony Tomari ("Tomari") of the Office of the New York State Attorney General, requested a conference to review a motion by Defendants to vacate the default and to dismiss the action. (See Letter to Hon. Victor Marrero from Anthony J. Tomari, dated February 23, 2009 (the "February 23 Letter.")) Tomari indicated that he and Glatzer had spoken on February 12, 2009 and had agreed to continue discussions before either side would take further action with respect to the complaint. Tomari's letter also expressed three legal theories as grounds supporting dismissal of the complaint: the Rooker-Feldman doctrine barring exercise of the Court's subject matter jurisdiction over this action by reason of certain prior state court proceedings Glatzer had litigated in state courts; abstention under general principles of comity, equity and federalism pursuant to Younger; and the restriction in § 1983 prohibiting federal courts from issuing injunctions against a judicial officer unless the judicial officer has violated a declaratory judgment. See Huminski v. Corsones, 396 F.3d 53, 74 (2d Cir.2005). By memo-endorsed Order dated February 25, 2009 on the February 23 Letter, the Court scheduled a conference for March 13, 2009 to address the matters raised in Defendants' February 23 Letter.

Glatzer responded to Tomari's February 23 Letter by letter to the Court dated February 25, 2009 in which he presented his version of the conversations between him and Tomari. (See Letter to Hon. Victor Marrero from Bernard H. Glatzer, dated February 25, 2009 (the "February 25 Letter.")) He indicated that Tomari was confused about the applicable time for filing Defendants' answer. Tomari apparently thought the deadline was thirty rather than twenty days from the filing of proof of service, and undertook to communicate with Glatzer again by February 19. Because Glatzer did not hear from Tomari on that date, he proceeded to request issuance of a Clerk's Certificate of Default on February 20, 2009. Glatzer again communicated with the Court by letter on March 9, 2009, where he opposed Defendants' motions to vacate the Certificate of Default and to dismiss the complaint, and sought leave to move for entry of a default judgment. (See Letter to Hon. Victor Marrero from Bernard H. Glatzer, dated March 9, 2009 (the "March 9 Letter.")) In that letter Glatzer addressed Defendants' arguments in support of dismissal under the authority of Rooker-Feldman, Younger and Huminski. Specifically, he pointed to sections of his complaint in which he had anticipated and responded at length to those objections.

By memo-endorsed Order dated March 9, 2009 on Glatzer's March 9 Letter, the Court rescheduled the March 13 conference to March 20 and indicated that on the adjourned date it would consider the matters raised by Glatzer's March 9 Letter and "hear argument" on Defendants' motion to dismiss. (Memo-Endorsed Order dated March 9, 2009.)

By letter dated March 13, 2009 Defendants responded to Glatzer's March 9 letter. (See Letter to Hon. Victor Marrero from Anthony J. Tomari, dated March 13, 2009 (the "March 13 Letter.")) They reiterated their view that the Rooker-Feldman and Younger doctrines compelled dismissal, and, as an additional argument, made reference to the Domestic Relations Exception to federal jurisdiction.² See Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1, 124 S.Ct. 2301, 159 L.Ed.2d 98 (2004).

Finally, Glatzer wrote to the Court on March 15, 2009 acknowledging that the subjects to be addressed at the March 20 proceeding were Defendants' motions to vacate the Certificate of Default and to dismiss the complaint and Glatzer's motion for entry of judgment by default. (See Letter to Hon. Victor Marrero from Bernard H. Glatzer, dated March 15, 2009 (the "March 15 Letter.")) Glatzer further proposed that the Court also consider his application for a preliminary injunction as stated in his complaint's prayer for relief.

Glatzer's March 15 Letter mentioned certain complications and actions taken by Defendants in the state court appellate proceedings allegedly stemming from uncertainties concerning the status of Defendants' default in the instant case. The Court responded by memo-endorsed Order dated March 16, 2009 on the March 15 Letter. It denied Glatzer's request for issuance of a default judgment and reiterated that the remaining matters would be addressed at the March 20, 2009 proceeding. The Court deemed entry of judgment by default unwarranted at that time for several reasons: Defendants' appearance in the action represented by Tomari; the discussions between Tomari and Glatzer prior to the date Defendants' answer was due; Tomari's apparent misunderstanding of the deadline for filing an answer, a circumstance that persuaded the Court that Defendants' failure to answer was not willful; and Defendants' proffer of what the Court considered meritorious defenses. See Pecarsky v. Galaxiworld.com, Ltd., 249 F.3d 167, 171 (2d Cir.2001).

At the proceeding on March 20, 2009 the Court heard the parties' arguments on Defendants' motion to dismiss on the bases of the Rooker-Feldman and Younger doctrines. Glatzer challenged those theories as grounds for dismissal, essentially for the reasons stated in his complaint as well as the March 9 and March 15 Letters. In particular, he argued that in a prior related action in this Court, Judge Kimba Wood had ruled that Rooker-Feldman did not apply to bar exercise of federal jurisdiction over Glatzer's § 1983 claims.

At the hearing the Court indicated that it would grant Defendants' motion. In so doing, it considered the parties' arguments and their written submissions, including Glatzer's 37-page complaint, portions of which, the Court noted, would be more properly characterized as a memorandum of law, including extensive anticipatory legal argument regarding the Rooker-Feldman and Younger doctrines. Accordingly, for the reasons stated below, on Defendants' motion to dismiss the complaint, as well as on the Court's own action, the Court dismisses Glatzer's complaint in this action.

II. FACTS

Glatzer alleges in his...