Sabeniano v. Citibank, N.A. New York

Filing 93

ORDER: In light of the filing injunction and for the reasons stated in the Court's August 14, 2020 order, Plaintiff's request for leave to file a letter with the Court seeking enforcement of a foreign judgment is DENIED. The Clerk of Court is directed to mail a copy of this Order to Plaintiff and to note that mailing on the public docket. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Alison J. Nathan on 6/01/2021) (ama) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

6/1/2021

Modesta R. Sabeniano,
Plaintiff,
16-cv-1723 (AJN)
–v–
ORDER
Citibank, N.A., Citigroup, Inc.
Defendants.

ALISON J. NATHAN, District Judge:
On May 26, 2021, the Court received a letter from Plaintiff that, among other things,
requested leave to file a letter seeking assistance to collect on a foreign judgment. Dkt. No. 92.
This case was closed on September 8, 2017. See Dkt. No. 64. As early as September 2017, the
Court had warned Plaintiff “any further vexatious filings or litigation against the Defendants,”
including “any frivolously brought motion for reconsideration of [the September 1, 2017
Memorandum and Order],” could “result in a filing injunction.” Dkt. No. 63 at 9. The Court
issued a filing injunction on August 14, 2020. Dkt. No. 81. In issuing the filing injunction, the
Court explained that “[h]aving twice put Plaintiff on notice that future vexatious or frivolous
filings against Defendants may result in a filing injunction, for reasons already stated in its
September 1, 2017 Memorandum and Order, see generally Dkt. No. 63, the Court now bars
Plaintiff from filing any motions or commencing any action against Defendants to enforce any
judgment from the Philippines without first obtaining from the Court leave to file, regardless of
whether she pays the filing fee or seeks IFP status.” Dkt. No. 81 at 5.
In light of the filing injunction and for the reasons stated in the Court’s August 14, 2020

order, Plaintiff’s request for leave to file a letter with the Court seeking enforcement of a foreign
judgment is DENIED.
The Clerk of Court is directed to mail a copy of this Order to Plaintiff and to note that
mailing on the public docket. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any
appeal from this Order would not be taken in good faith and therefore in forma pauperis status is
denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444–45
(1962).
SO ORDERED.
Dated: June 1, 2021
New York, New York
__________________________________
ALISON J. NATHAN
United States District Judge