REARDON v. STATE OF NEW JERSEY et al

Filing 82

MEMORANDUM OPINION & ORDER denying 71 Motion to present the accompanying motion for relief; Plaintiff is PROHIBITED from filing any future motions in this or any other case without leave of the Court; before filing a motion, Plaintiff must seek leave by filing a letter with the Court. Signed by Judge Noel L. Hillman on 6/10/2021. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JOHN E. REARDON,
Plaintiff,
v.
STATE OF NEW JERSEY, et al.,
Defendants.

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Civ. No. 13-5363
(NLH)(AMD)
MEMORANDUM OPINION &
ORDER

APPEARANCES:
JOHN E. REARDON
1 JOANS LANE
BERLIN, NJ 08009
Plaintiff appearing pro se
BRIAN P. WILSON
STATE OF NEW JERSEY
OFFICE OF THE ATTORNEY GENERAL
DIVISION OF LAW
25 MARKET STREET
P.O. BOX 112
TRENTON, NJ 08625
Attorney for Defendants State of
Victor Ashrafi, J.A.D., the Hon.
J.A.D., the Hon. Edith K. Payne,
M. Pugliese, J.S.C. and the Hon.
(retired)

New Jersey, the Hon.
Margaret M. Hayden,
J.S.C., the Hon. Anthony
Ronald J. Freeman, J.S.C.

HILLMAN, District Judge
WHEREAS, on January 7, 2015, this Court denied Plaintiff’s
second motion for leave to file an amended complaint [26] and
Plaintiff’s motion for reconsideration of the Court’s June 27,

2014 Opinion dismissing his complaint and denying his first
motion for leave to file an amended complaint [22]; and
WHEREAS, on July 2, 2015, this Court denied Plaintiff’s
“MOTION to Set Aside the Order of Dismissal of this Case and for
Leave to Amend” [36]; and
WHEREAS, on January 2, 2020, the Court denied Plaintiff’s
“MOTION to set aside dismissal and for leave to Amend/Correct”
[42] and “MOTION for an order of compliance” [53]; and
WHEREAS, on August 11, 2020, the Court of Appeals for the
Third Circuit affirmed this Court’s January 2, 2020 decision in
all respects (Docket No. 69); and
WHEREAS, on November 16, 2020, Plaintiff filed a motion
styled, “MOTION to present the accompanying motion for relief”
[71], pursuant to which Plaintiff seeks to “set aside all prior
orders and to reopen and amend this lawsuit,” which “should be
permitted to go forward” because the Court made mistakes of fact
and law (Docket No. 71-1 at 1); and
WHEREAS, the Court must deny the instant motion because it
seeks relief that this Court has already considered and denied,
and the Third Circuit has affirmed; and
WHEREAS, in the Court’s January 2, 2020 Opinion, the Court
noted:
The Court’s last docket entry [in this case] was the
July 2, 2015 Memorandum Opinion and Order denying
Plaintiff’s “MOTION to Set Aside the Order of Dismissal of
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this Case and for Leave to Amend” [36]. Plaintiff filed
his “MOTION to set aside dismissal and for leave to
Amend/Correct” [42] almost four years later on June 4,
2019. Since then, Plaintiff has sent for docketing 24
additional submissions in this case.
The Court notes that on October 16, 2019, Robert B.
Kugler, U.S.D.J., issued a litigation preclusion order
against Plaintiff in 1:18-cv-11372-RBK-AMD that provides:
“ORDERED that John E. Reardon shall be, and is hereby,
ENJOINED from filing any further complaint, lawsuit,
or petition in the United States District Court for
the District of New Jersey without prior authorization
of the Court; and it is further ORDERED that in the
event that John E. Reardon desires to file any further
complaint, lawsuit, or petition in the United States
District Court for the District of New Jersey, he
shall file an appropriate motion for leave to file
such complaint, lawsuit, or petition under the present
docket number.”
(1:18-cv-11372, Docket No. 74.) Since Judge Kugler issued
the litigation preclusion order, Plaintiff has filed 39
submissions in that action.
(Docket No. 66 at 2 n.1); and
WHEREAS, in Plaintiff’s case before Judge Kugler, on May 1,
2020, Judge Kugler ordered that the action was terminated, and
[I]n light of Mr. Reardon’s vexatious and abusive history
of filing “frivolous motions, meritless complaints, and
procedurally deficient actions” for more than three
decades, see Reardon v. Murphy, Civil No. 18-11372, 2019 WL
4727940, at *4 (D.N.J. Oct. 21, 2019), he is PROHIBITED
from filing any future motions in this or any other case
without leave of the Court; before filing a motion, Mr.
Reardon must seek leave by filing a letter with the Court,
of no more than two ordinary typed pages, setting forth
valid reasons why the Court should allow the motion to be
filed; no defendant shall be required to respond to any
filing by Mr. Reardon unless specifically ordered to do so
by the Court.
(1:18-cv-11372, Docket No. 130); and
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WHEREAS, since that time, Plaintiff has filed 30 additional
letters and motions in that case, with the most recent filing on
May 17, 2021 (1:18-cv-11372, Docket No. 162); and
WHEREAS, in this case, since Plaintiff filed the instant
“MOTION to present the accompanying motion for relief” on
November 20, 2020, Plaintiff has filed 10 additional
submissions, with the most recent filing being on April 5, 2021;
and
WHEREAS, the Court notes that Plaintiff has failed to
follow Judge Kugler’s May 1, 2020 Order, and in violation of
that Order Plaintiff filed the instant motion here without leave
of Court;
Consequently,
IT IS on this

10th

day of

June

, 2021

ORDERED that Plaintiff’s “MOTION to present the
accompanying motion for relief” [71] be, and the same hereby
is, DENIED; and it is further
ORDERED that in accord with Judge Kugler’s May 1, 2020
Order, Plaintiff is PROHIBITED from filing any future motions
in this or any other case without leave of the Court; before
filing a motion, Plaintiff must seek leave by filing a letter
with the Court, of no more than two ordinary typed pages,
setting forth valid reasons why the Court should allow the
motion to be filed; and no defendant shall be required to
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respond to any filing by Plaintiff unless specifically ordered
to do so by the Court; and it is finally
ORDERED that the Clerk shall mark this matter as CLOSED.

S/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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