Frivolous Claims: Falso v. Gates Chili Central School District

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U.S. District Court, Western District of New York

Frivolous Claims

Sanctions

Falso v. Gates Chili Central School District
09-CV-6053
Judge Larimer

Background: In the latest chapter of the Anthony Falso saga of multiplicitous discrimination claims, Falso has filed a motion in the Gates Chili matter seeking leave of the court to file a new, separate and distinct action against Unisys Technical Services. That same day, without the court’s having had the opportunity to respond to the motion for leave, the plaintiff proceeded to file the proposed action against Unisys. As the court describes it, the plaintiff, proceeding pro se, “has brought a number of actions in this court, alleging various forms of discrimination against former employers … (and it has) made note of plaintiff’s lengthy history of filing frivolous pro se actions, and issued a cautionary instruction to plaintiff, urging him that continued frivolous litigation might expose him to an injunction and/or monetary sanctions.”

Ruling: In order to resolve the apparent confusion, the court notes that as of yet, the it has not required plaintiff to seek leave of the court prior to filing new actions, and the court therefore denies the plaintiff’s motion for leave to file the proposed complaint as moot. Once again, the court reiterates its prior warning to the plaintiff, and urges him to carefully scrutinize the merits of the pending action, “lest the pursuit of frivolous claims expose him to sanctions.”

Anthony Falso, plaintiff, pro se; and Michael P. McClaren, of Webster Szanyi, LLP, for the defendant