IN RE: MOTION FOR LEAVE TO FILE NEW CIVIL LAWSUIT

Filing 5

Judge F. Dennis Saylor, IV: ORDER entered denying 1 Motion permission to file lawsuits. The Clerk is directed to enter orders dismissing these miscellaneous business docket cases. (PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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IN RE: GERARD D. GRANDOIT,
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Movant.
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M.B.D. No.
17-mc-91245-FDS

____________________________________
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IN RE: GERARD D. GRANDOIT,
)
)
Movant.
)
____________________________________)

M.B.D. No.
17-mc-91246-FDS

MEMORANDUM AND ORDER
SAYLOR, J.
For the reasons set forth below, the motions of Gerard D. Grandoit for permission to file
new lawsuits are denied and the clerk will be directed to enter orders dismissing these matters.
I.

Background
Gerard D. Grandoit has been found by two judges of this court to be an abusive litigant. 1

As a result, he has been enjoined from filing civil actions in this court without first obtaining
permission from a judicial officer.
Grandoit submitted letters seeking permission to file separate lawsuits against the Milton
Housing Authority (17-mc-91245-FDS) and the Boston Housing Authority (17-mc-91246).
Grandoit’s letters were entered on their respective electronic dockets as motions for permission
to file a new lawsuit. See Docket No. 1 (Plaintiff’s “Motion”). Attached to each motion are (1)

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See Judge Stearns’ Memorandum and Order in Grandoit v. Staples, C.A. No. 10-10299-RGS (Dec. 6,
2011) (the “December 2011 Order”); and Judge Saris’ Memorandum and Order in In RE: Petition to File by
Enjoined Litigant Gerard D. Grandoit, M.B.D. No. 15-mc-91226-PBS (May 4, 2015) (the “May 2015 Order”).

copies of Judge Stearns’s December 2011 Order and (2) motions seeking to have the court delay
the processing of adjudicating these cases. Id. In addition, Grandoit submitted dozens of bound
documents in each action. The clerk was unable to scan the bound documents onto the electronic
docket.
Grandoit subsequently filed the following two documents in 17-mc-91246: (1) a
proposed complaint against the Boston Housing Authority and (2) an Application to Proceed
Without Prepayment of Fees and Affidavit.
II.

Discussion
In order for Grandoit to obtain approval for filing a civil action in this court, he must

comply with Judge Saris’s May 2015 Order. See In re: Petition to File by Enjoined Litigant
Gerard D. Grandoit, M.B.D. No. 15-mc-91226-PBS (May 4, 2015). The May 2015 Order
requires Grandoit to “file a written petition together with the proposed complaint and papers
sought to be filed.” Id. at p. 2. The May 2015 Order also requires Grandoit to “certify under
oath that there is a good-faith basis for their filing.” Id.
As an initial matter, Grandoit failed to attach copies of the May 2015 Order. And he has
failed to certify under oath that there is a good-faith basis for instituting these two new actions.
Even if Grandoit had complied with the May 2015 Order, this Court would have
difficulty evaluating his proposed “complaints” because they consist of dozens of separately
bound documents. Moreover, it is unclear whether the subsequent complaint and fee-waiver
application that were filed in M.B.D. No. 17-91246 are supplemental pleadings. Under these
circumstances, the clerk will not be directed to open either of these cases as a new civil action.
III.

Conclusion
For the foregoing reasons, the motions for permission to file new lawsuits are denied and
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the clerk is directed to enter orders dismissing these miscellaneous business docket cases.
So Ordered.

/s/ F. Dennis Saylor IV
F. Dennis Saylor IV
United States District Judge

Dated: February 28, 2018

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