Free Order on Motion for Reconsideration - District Court of Connecticut - Connecticut

Case 2:83-mc-00062-PCD

Document 2034

Filed 08/25/2008

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT In re: ANTHONY R. MARTIN-TRIGONA : : :

Case No. 2:83-mc-62 (PCD)

ORDER ON MOTION FOR RECONSIDERATION On October 10, 2007, this Court denied Respondent Anthony R. Martin-Trigon's motion to vacate the injunction entered by this Court in In re Martin-Trigona, 573 F. Supp. 1245 (D. Conn. 1983), modified by 592 F. Supp. 1566 (D. Conn. 1984), aff'd by, 763 F.2d 140 (2d Cir. 1985) ("the injunction"), without having considered his response to an order to show cause. Accordingly, Respondent's Motion for Reconsideration [Doc. No. 2033] is hereby granted, but, for the reasons stated below, the Court's prior ruling denying Respondent's motion to vacate the injunction is affirmed. Respondent challenged the basis of this Court's finding of him in contempt on the basis that the lawsuit which allegedly violated the injunction was filed in state court, thereby eluding this Court's jurisdiction. However, the suit he filed in state court, Martin v. Brock, No. 07-C3154, 2007 WL 1853298, at *1 (N.D. Ill. June 25, 2007), was removed to federal court, thereby placing it within the scope of the injunction. Whether the federal court in Illinois provided Respondent with adequate notice and opportunity to be heard, which Respondent currently disputes, is an issue for the Seventh Circuit Court of Appeals, not for this Court. For these reasons, Respondent's motion to vacate the injunction remains denied, and Anthony R. Martin-Trigona remains in civil contempt of the Court Order based on the injunction entered by this Court in In re Martin-Trigona, 573 F. Supp. at 1261-67, and his conduct in filing the action in the Order to Show Cause. See Martin v. Brock, 2007 WL 1853298, at *1.

Case 2:83-mc-00062-PCD

Document 2034

Filed 08/25/2008

Page 2 of 2

Accordingly, he is assessed a penalty of $100.00 to be paid to the Clerk of this Court on or before September 30, 2008. SO ORDERED. Dated at New Haven, Connecticut, this 21st day of August, 2008.

/s/ Peter C. Dorsey, U.S. District Judge United States District Court

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