Montemurro v. United Hospital System Corporation et al

Filing 39

ORDER signed by Judge Rudolph T. Randa on 12/9/2014. Clerk of Court directed to remove docket nos. 15-37 from the public record in this case. Montemurro barred from filing further cases/documents in this judicial district. Clerk of Court directed to return unfiled any documents/legal actions except: habeas claim, papers filed in defensive mode where Montemurro is defendant or respondent, papers seeking or related to an appeal in this action. Montemurro fined $300. Two years from the date of this Order or upon payment of fine, whichever is later, Montemurro may file request for relief from this Order; request must state why lifting the Order would be appropriate. (cc: all counsel, via US mail to Angelina Montemurro)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ANGELINA MONTEMURRO,
Plaintiff,
-vs-

Case No. 14-C-968

UNITED HOSPITAL SYSTEM, et al.,
Defendants.
DECISION AND ORDER
The Court dismissed this action on August 29. The plaintiff,
Angelina Montemurro, did not appeal. Instead, she has proceeded to file
numerous

documents, labeled

exhibits, that generally accuse the

defendants and other individuals of being involved in organized crime and
other wrongful conduct, just as she did in the underlying lawsuit.
The defendants ask the Court to strike Montemurro’s post-judgment
filings from the record, and also to bar her from filing any further
documents in this case. Defendants cite an injunction entered by Judge
Ptacek in Kenosha County Circuit Court, which prohibits Montemurro
from “making any statements in any public forum that UHS and/or
Schmidt are involved in organized crime, laundering money, violating
RICO, or otherwise engaged in illegal activity, and from making

statements that UHS and/or Schmidt are the subject of a criminal
investigation or facing criminal charges.” The injunction does not apply to
pending proceedings, but this matter is no longer pending and Montemurro
did not file an appeal.
Accordingly, Montemurro’s post-judgment filings in this case violate
Judge Ptacek’s order. Moreover, Montemurro has filed several frivolous
cases in this judicial district, see Case Nos. 13-C-1069, 14-C-178, 14-C-478,
and for whatever reason, she has decided to waste the Court’s judicial
resources by filing voluminous exhibits in a closed case. Therefore, the
Court will take this opportunity to impose a Mack order against
Montemurro. See Montgomery v. Davis, 362 F.3d 956 (7th Cir. 2004);
Support Sys. Int’l, Inc. v. Mack, 45 F.3d 185 (7th Cir. 1995).
IT IS HEREBY ORDERED THAT the Clerk of Court is directed to
remove docket numbers 15 through 37 from the public record in this case.
IT IS FURTHER ORDERED THAT Montemurro is barred from
filing any further cases or documents in this judicial district. The Clerk of
Court is directed to return unfiled any documents or legal actions from
Montemurro, with the following exceptions: (1) any habeas corpus claim
alleging that Montemurro is being detained or held in an institution
against her will and in violation of her federal or constitutional rights; (2)
-2-

any papers filed in a purely defensive mode in an action where
Montemurro is cast as a defendant or a respondent; and (3) any papers
seeking or related to an appeal in this action. Montemurro is fined $300,
payable to the Clerk of Court for the Eastern District of Wisconsin. No
sooner than two years from the date of this Order, or upon Montemurro’s
payment of the $300 fine, whichever is later, Montemurro may file a
request with this Court for relief from this Order. Any such submission
must state why lifting the order would be appropriate.
Dated at Milwaukee, Wisconsin, this 9th day of December, 2014.
BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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