In re Martin-Trigona, Misc. Civ. No. H-83-62 (PCD).

• Decision Date: 20 April 1992
• Docket Number: Misc. Civ. No. H-83-62 (PCD).
• Citation: 139 BR 69
• Parties: In re Anthony R. MARTIN-TRIGONA, New Haven Radio Inc.
• Court: U.S. District Court — District of Minnesota

139 B.R. 69 (1992)

In re Anthony R. MARTIN-TRIGONA, New Haven Radio Inc.

Misc. Civ. No. H-83-62 (PCD).

United States District Court, D. Connecticut.

April 20, 1992.

Richard Belford, New Haven, Conn.

Irving Perlmutter, and Greenfield, Krick & Jacobs, New Haven, Conn.

RULING ON MOTION TO VACATE/MODIFY INJUNCTION

DORSEY, District Judge.

Anthony R. Martin-Trigona, one of the debtors in the captioned bankruptcy matter, has moved for entry of an order to replace or modify an injunction previously entered in these proceedings. The order, entered after thorough consideration by this court and the court of appeals, 573 F.Supp. 1245 (D.Conn.1983), aff'd in part, vacated in part and remanded, 737 F.2d 1254 (2d Cir.), on remand, 592 F.Supp. 1566 (D.Conn.1984), aff'd, 763 F.2d 140 (2d Cir.1985) (per curiam), cert. denied, 474 U.S. 1061, 106 S.Ct. 807, 88 L.Ed.2d 782 (1986), imposed broad and specific restraints on Mr. Martin-Trigona. The enjoinder was supported by a long record of Mr. Martin-Trigona's litigiousness which was characterized as frequently abusive, harassing, vituperative, and meritless. The order sought to protect parties to this litigation, the courts, and others from misuse of the legal system by Mr. Martin-Trigona and the necessity of expenditure of great amounts of time and money for little or no useful purpose. The litany of Mr. Martin-Trigona's conduct in court, the effect on others, and the characterizations of his activity by judges familiar with the facts are set forth in the opinions noted. They need not be repeated here.

The injunction finally entered would be replaced, and thus modified by the order offered by Mr. Martin-Trigona which would merely bar re-litigation of matters decided in this case and bar actions involving parties, participants or counsel, or issues related to this case except with prior leave of this court. He would thus eliminate the broad reach of the earlier injunction and the elaborate procedures designed to ensure its enforcement. He offers the replacement to expedite his contemplated litigation, to eliminate the encumbrances, and, in proclaimed concern for all involved in enforcement of the injunction, to eliminate the burden on the courts created thereby. An order to show cause was issued to permit any interested party to comment on the request of Mr. Martin-Trigona.

After due consideration of Mr. Martin-Trigona's submission and his supporting papers and the comments received in response to the order to show...