Bernath v. Seavey

Filing 297

PRE-SUIT INJUNCTION ORDER. (See order for details). Signed by Judge Sheri Polster Chappell on 12/11/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DANIEL A. BERNATH,
Plaintiff,
v.

Case No: 2:15-cv-358-FtM-38CM

MARK CAMERON SEAVEY,
Defendant.
/
PRE-SUIT INJUNCTION ORDER1
This matter comes before the Court on review of the file. The Court has declared
Bernath to be a vexatious litigant because of his excessive filing and repeated failures to
comply with the Federal Rules of Civil Procedure, the Middle District of Florida Local
Rules, and the Court’s orders. (Doc. 259; Doc. 255). It also has granted (and modified)
a pre-suit injunction against Bernath for filing any new suits in the United States District
Court for the Middle District of Florida. (Doc. 259; Doc. 295). For clarity’s sake, this PreSuit Injunction Order reiterates the procedures for Bernath, the Clerk’s Office, and the
Court to follow if Bernath seeks to file a new complaint and other initiating document in
this Court.2
Accordingly, it is ORDERED:

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The procedures are also outlined in the Court’s previous Order (Doc. 295).

(1) The Clerk of Court shall open a miscellaneous case titled, “In re: Daniel A.
Bernath” that contains this Order as the first docket entry.
(2) Bernath may not file, as a pro se litigant,3 any new lawsuit, action, proceeding,
writ, or other matter against Mark Seavey and The American Legion in the
United States District Court for the Middle District of Florida without first
obtaining leave of court. In moving for leave, Bernath must adhere to these
procedures:
a. file a motion titled, “Motion Seeking Leave to File a Complaint”;
b. attach as “Exhibit 1” to the motion the proposed new complaint;
c. attach as “Exhibit 2” a copy of this Order; and
d. attach as “Exhibit 3” a sworn affidavit from Bernath certifying that (1) the
complaint raises a new issue that has never been previously raised by
him in this or any other court; (2) the claim or issue is not frivolous,
vexatious, or harassing; and (3) the document is not filed in bad faith.
(3) If Bernath does not follow the above procedures, the Clerk is DIRECTED to
reject any new complaint and make an entry on the docket in the miscellaneous
case file to reflect that a new complaint was rejected and returned for failure to
comply with the pre-filing screening procedures.
(4) If Bernath meets the pre-filing procedures, the Clerk is DIRECTED to forward
his motion and exhibits to the senior Magistrate Judge in the applicable division
for review. The Magistrate Judge must decide whether the complaint has

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The pre-filing screening procedure will not apply if an attorney who is a member of good standing in the
Middle District of Florida files a new complaint on Bernath’s behalf.

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arguable merit; that is, a material basis in law and fact. No abusive, frivolous,
scandalous, or otherwise impertinent complaint will be permitted.
a. If the action is arguably meritorious, the Magistrate Judge shall issue an
order so stating and directing the Clerk to file the complaint for random
assignment. The Magistrate Judge’s order shall be docketed with the
complaint in the new civil case.
b. If, however, the Magistrate Judge’s preliminary review determines that
the complaint has no arguable merit, the Magistrate Judge shall enter
an order denying the motion, in which event the complaint will not be
filed with the Court. Instead, the Clerk shall return the motion and
exhibits to Bernath, after making a copy for the Court. The Magistrate
Judge’s order and the copy of the motion and exhibits must be filed in
the miscellaneous case.
(5) Bernath’s failure to comply with the terms of this Order will be sufficient grounds
to deny any motion for leave to file, and may be considered an act of contempt
for which Bernath may be sanctioned accordingly.
(6) The remedial measures imposed by this Order do not restrict other judges’
authority to impose sanctions, if appropriate, in cases that Bernath has already
filed in this Court.
DONE and ORDERED in Fort Myers, Florida this 11th day of December 2017.

Copies: All Parties of Record

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