GEORGE B. DANIELS, District Judge.
Before this Court is Magistrate Judge Sarah Netburn's Report and Recommendation, ("January 11 Report," ECF No. 78), recommending that a filing injunction be entered against Plaintiff James Brady.
As this action is one of three Plaintiff has initiated in the Southern District of New York in relation to his cooperative's air rights,
In her December 5, 2016 Report, Judge Netburn placed Plaintiff on notice regarding entry of a filing injunction against him, detailing thoroughly how the instant action is a part of Plaintiffs repetitive and vexatious litigation.
In the January 11 Report, Magistrate Judge Netburn advised the parties that failure to file timely objections to the Report would constitute a waiver of those objections on appeal. (Id. at 21-22); see also 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b). Plaintiff filed timely objections to the Report, (see Pl.'s Obj. to Jan. 10 Report, ECF No. 81), and also addressed the entry of a filing injunction in his Objections to the December 5 Report and his Reply to Defendants' Response to his Objections. (See January 11 Report, at 1-2.) Defendants jointly filed timely responses to Plaintiffs objections. (Defs.' Responses to Pl.'s Jan. 18 Obj., ECF No. 83.)
Upon de nova review pursuant to 28 U.S.C. § 636(b)(1)(C), this Court overrules Plaintiffs meritless and repetitive objections and fully adopts Magistrate Judge Netburn's recommendation.
While courts in this District recognize that the issuance of an injunction barring a litigant from the courthouse "is a serious matter," Raffe v. Doe, 619 F.Supp. 891, 898 (S.D.N.Y. 1985) (citation omitted), the Report properly found, applying the five-factor inquiry in Saffer v. US. Lines Inc., 792 F.2d 19, 24 (2d Cir. 1986),
Particularly dispositive are the first two factors: this Court notes that despite having exhausted his appellate remedies with regard to Brady v. 450 31st Owners Corp., 894 N.Y.S.2d 416 (1st Dep't 2010), Plaintiff has filed a series of at least eight collateral attacks on that initial litigation; and in each he has inappropriately "impugn[ed] the motivations and integrity of all the actors involved." (See January 11 Report, at 4 (listing Plaintiff's various actions).) These actions have "strained the resources of both the federal and state judiciary ...." (Id. at 5.) Also weighing heavily in this Court's application of the Saffer factors is the "strong evidence that other sanctions, including monetary penalties, would not be sufficient to deter further litigation from Brady," who has been sanctioned twice by New York State courts, including an imposition of more than $400,000 of attorneys' fees sanctions. (See id., at 5-6.)
Plaintiff is hereby enjoined against filing new actions in the Southern District of New York that relate in any way to the cooperative's air rights appurtenant to his cooperative unit at 450 West 31st Street, New York, New York, or the conduct of any attorney, judicial officer, government official, or other third party in relation to such rights. This injunction should be broadly construed to bar the filing without leave of this Court of any case, against any defendant that has as a factual predicate the cooperative's air rights appurtenant to Plaintiff's penthouse unit, or any of the collateral actions that have arisen from it.
SO ORDERED.