United States Court of Appeals, Second Circuit, 83 F.3d 44 (2d Cir. 1996). · Go Syfert
United States Court of Appeals, Second Circuit, 83 F.3d 44 (2d Cir. 1996). Cases Citing This Book View Copy Cite
“when a litigant has demonstrated 'a pattern of abusing different district courts around the country, an injunction which applies to all federal district courts is warranted.”
23 citation events (19 in the last 25 years) across 5 distinct courts.
Strongest positive: Whitehead v. The Walt Disney Company (nysd, 2025-08-27)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (quoted) Whitehead v. The Walt Disney Company (2×) also: Cited as authority (rule)
S.D.N.Y. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a litigant has demonstrated 'a pattern of abusing different district courts around the country, an injunction which applies to all federal district courts is warranted.
discussed Cited as authority (rule) Mark Howorka v. KeyBank, N.A.
W.D.N.Y. · 2026 · confidence medium
Condo. v. Bronkovic, 83 F.3d 44, 45 (2d Cir. 1996) (noting that district court may not enjoin further filings without first giving notice).
cited Cited as authority (rule) Avila v. ACACIA Network, Inc.
S.D.N.Y. · 2025 · confidence medium
Condo. v. Bronkovic, 83 F.3d 44, 45 (2d Cir. 1996) (scope of filing injunction must be “appropriately narrow”).
discussed Cited as authority (rule) Rimini v. J.P. Morgan Chase & Co.
S.D.N.Y. · 2024 · confidence medium
Condo. v. Bronkovic, 83 F.3d 44, 45 (2d Cir. 1996) (per curiam) (emphasizing that filing injunctions “must be appropriately narrow”); SBC 2010-1, LLC v. Morton, 552 F. App’x 9, 12 (2d Cir. 2013) (affirming a “narrowly crafted” filing injunction); Brow v. Farrelly, 994 F.2d 1027, 1038 (3d Cir. 1993) (“[T]he scope of [a filing injunction] must be narrowly tailored to fit the particular circumstances of the case before the District Court.”).
cited Cited as authority (rule) Kaul v. Intercontinental Exchange
S.D.N.Y. · 2022 · confidence medium
Condo. v. Bronkovic, 83 F.3d 44, 45 (2d Cir. 1996).
cited Cited as authority (rule) Avent v. Platinum Plus Auto Protection
N.D.N.Y. · 2022 · confidence medium
Condo. v. Bronkovic, 83 F.3d 44, at 45 (2d Cir. 1996) (“[I]njunctions must be appropriately narrow.” (citing Safir, 792 F.2d at 25)).
cited Cited as authority (rule) Sweigert v. Goodman
S.D.N.Y. · 2022 · confidence medium
Condo. v. Bronkovic, 83 F.3d 44, 45 (2d Cir. 1996).
discussed Cited as authority (rule) Komatsu v. The City of New York
S.D.N.Y. · 2021 · confidence medium
Condo. v. Bronkovic, 83 F.3d 44, 45 (2d Cir. 1996); WHEREAS district courts may impose “restrictions on future access to the judicial system,” Iwachiw, 396 F.3d at 528 , including prohibitions on obtaining in forma pauperis status, limitations on the filing of designated categories of cases, and the institution of a “leave of court” requirement with respect to future filings, see In re Martin-Trigona, 9 F.3d 226, 229 (2d Cir. 1993) (collecting cases that discuss each type of sanctions); WHEREAS “[b]ecause of the potency of a court’s inherent power, courts must take pains to exercis…
discussed Cited as authority (rule) Schuster v. Charter Communications, Inc.
S.D.N.Y. · 2021 · confidence medium
Condo. v. Bronkovic, 83 F.3d 44, 45 (2d Cir. 1996); see also Safir, 792 F.2d at 25 (concluding that an injunction precluding the plaintiff “from instituting any action whatsoever” was “overly broad,” such that it might “foreclose what might be a meritorious claim”).
cited Cited as authority (rule) Mendes Da Costa v. Marcucilli
2d Cir. · 2019 · confidence medium
Condo. v. Bronkovic, 83 F.3d 44, 45 (2d Cir. 1996) (per curiam).
cited Cited as authority (rule) Truong v. Hung Thi Nguyen
2d Cir. · 2012 · confidence medium
Condo, v. Bronkovic, 83 F.3d 44, 45 (2d Cir.1996) (per curiam) (“[Filing] injunctions must be appropriately narrow.”); see also In re Martin-Trigona, 737 F.2d 1254 , 1262-63 (2d Cir.1984).
cited Cited as authority (rule) Viola v. United States
2d Cir. · 2009 · confidence medium
Condo. v. Bronkovic, 83 F.3d 44, 45 (2d Cir.1996) (per curiam) (same).
cited Cited as authority (rule) Viola v. United States
2d Cir. · 2009 · confidence medium
Condo. v. Bronkovic, 83 F.3d 44, 45 (2d Cir.1996) (per curiam) (same).
cited Cited as authority (rule) Vasile v. Dean Witter Reynolds Inc.
E.D.N.Y · 1998 · confidence medium
Condominium v. Bronkovic, 83 F.3d 44, 45 (2d Cir.1996)(per curiam). 1.
discussed Cited as authority (rule) Robert Moates v. Wayne Barkley, Superintendent at Riverview Correctional Facility
2d Cir. · 1998 · confidence medium
Condominium v. Bronkovic, 83 F.3d 44, 45 (2d Cir.1996) (per curiam); In re Martin-Trigona, 737 F.2d 1254 , 1260 (2d Cir.1984); In re Hartford Textile Corp., 613 F.2d 388, 390-91 (2d Cir.1979) (per curiam).
discussed Cited "see, e.g." Citibank, N.A. v. Swiatkoski
E.D.N.Y · 2005 · signal: see also · confidence medium
See In re Hartford Textile Corp., 613 F.2d 388, 390 (2d Cir.1979) (holding that a district court may not enjoin, sua sponte, further filings of frivolous or vexatious claims without providing express notice and a hearing); see also Board of Managers of 2900 Ocean Avenue Condominium v. Bronkovic, 83 F.3d 44, 45 (2d Cir.1996) (A district court is required to provide notice or an opportunity to be heard prior to enjoining the filing of claims.); Safir v. United States Lines, Inc., 792 F.2d 19, 25 (2d Cir.1986).
discussed Cited "see, e.g." Iwachiw v. New York State Department of Motor Vehicles
E.D.N.Y · 2004 · signal: see also · confidence medium
See Matter of Hartford Textile Corp., 613 F.2d 388, 390 (2d Cir.1979) (holding that a district court may not enjoin, sua sponte, further filings of frivolous or vexatious claims without providing express notice and a hearing); see also Board of Managers of 2900 Ocean Avenue Condominium v. Bronkovic, 83 F.3d 44, 45 (2d Cir.1996) (A district court is required to provide notice or an opportunity to be heard prior to enjoining the filing of claims.) III.
Retrieving the full opinion text from the archive…
United States Court of Appeals, Second Circuit
44.
Court of Appeals for the Second Circuit.
Apr 30, 1996.
83 F.3d 44

83 F.3d 44

The BOARD OF MANAGERS OF 2900 OCEAN AVENUE CONDOMINIUM,
Plaintiff-Appellee,
v.
Thomas BRONKOVIC, Pro Se Appellant,
Gazdo Properties; Raed Habibi; John Doe; Jane Doe, (The
last two names being fictitious, intending to be
the current tenants/occupants of
Apartment 3F at 2900 Ocean
Condominium), Defendants,
Bertha Hidalgo, Pro Se Defendant-Appellant.

No. 1277, Docket 95-9027.

United States Court of Appeals,
Second Circuit.

Submitted March 29, 1996.
Decided April 30, 1996.

From a judgment of the United States District Court for the Eastern District of New York, Dearie, J., remanding this action to the state court and enjoining future filings in the Eastern District of New York. The district court's remand order is not appealable, and thus this portion of the appeal is dismissed; the order enjoining future filings is remanded for a rehearing.

(Bertha Hidalgo, Kissimmee, Florida, on the brief), Pro Se.

(Board of Managers of 2900 Ocean Avenue, Brooklyn, N.Y., on the brief), Pro Se.

Before: OAKES and PARKER, Circuit Judges, and KNAPP, District Judge.[*]

PER CURIAM:

1

Bertha Hidalgo and Thomas Bronkovic, proceeding pro se, appeal from an order entered sua sponte in the United States District Court for the Eastern District of New York, (Dearie, J), remanding the action to the Civil County Court of the City of New York, County of Kings, pursuant to 28 U.S.C. § 1447(c), for lack of subject matter jurisdiction, and enjoining them from filing or removing any cases to Eastern District of New York without the express permission of the court.

2

We dismiss the part of the appeal seeking review of the remand order because a district court's order remanding a case to the state court from which it was improperly removed under § 1447(c) for lack of subject matter jurisdiction is not reviewable on appeal. Minot v. Eckardt-Minot, 13 F.3d 590, 592 (2d Cir.1994). Because the court enjoined further filings and removals to the Eastern District sua sponte without giving defendants notice or an opportunity to be heard, our precedent requires that we reverse and remand so that the district court may conduct such a hearing. In the Matter of Hartford Textile Corp., 613 F.2d 388 (2d Cir.1979).

3

Plaintiff filed suit in state court asserting that defendants had failed to pay condominium common charges in the amount of $25,000, and sought judgment in this amount, together with costs. Defendants removed the case to federal court, and it has since been remanded. Prior to the remand, Judge Dearie discussed defendants' "unorthodox removal practices," and ordered that they "not remove or attempt to remove any case to this Court without the express permission of this Court." In addition, Judge Dearie barred defendants from filing any case in the Eastern District concerning the "2900 Ocean Avenue condominium or any other condominium without express permission of the court."

4

We can certainly understand Judge Dearie's frustration with defendants. They have attempted on several occasions to remove other actions to the federal court; in at least one instance, defendants were not even a party to the pending litigation. However, this court has previously held that a district court may not enjoin, sua sponte, further filings of frivolous or vexatious claims without providing express notice and a hearing. In the Matter of Hartford Textile Corp., 613 F.2d 388 (2d Cir.1979). Even after a hearing, such injunctions must be appropriately narrow. Safir v. United States Lines, Inc., 792 F.2d 19, 25 (2d Cir.1986). Since the court did not give defendants notice or an opportunity to be heard before enjoining further filings and removals, this matter is remanded for such a hearing.

*

Honorable Whitman Knapp, United States Senior District Judge for the Southern District of New York, sitting by designation