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Mikkilineni v. Penn National Mutual Casualty Insurance Co.

June 9, 2003

M.R. MIKKILINENI, PLAINTIFF,
v.
PENN NATIONAL MUTUAL CASUALTY INSURANCE CO. ET AL., DEFENDANTS.



The opinion of the court was delivered by: Ricardo M. Urbina, United States District Judge.

Document Nos. 6, 32

MEMORANDUM OPINION

GRANTING THE DEFENDANTS' MOTION FOR AN ORDER PROHIBITING THE PLAINTIFF FROM FILING ADDITIONAL COMPLAINTS; GRANTING DEFENDANTS PENN AND DICKIE'S MOTION TO TRANSFER

I. INTRODUCTION

After litigating numerous claims in Pennsylvania, Texas, and the Court of Federal Claims, pro se plaintiff M.R. Mikkilineni re-filed these claims – and a few new claims – in seven civil actions in this court. The instant action pertains to a contract between the plaintiff's corporation, Talasila, and the United States. This case comes before the court on the defendants' motion for an order prohibiting the plaintiff from filing any further complaints without leave of the court and on defendants Penn National Mutual Casualty Insurance Co. ("Penn") and Dickie, McCamey & Chilcote, Inc.'s ("Dickie") motion to dismiss for lack of venue or to transfer venue. After reviewing the records of this and other cases involving the plaintiff, the court determines that the plaintiff is a prolific litigant who recycles old claims when he is not satisfied with a court's orders, thereby harassing the defendants and abusing the judicial system. To protect the integrity of the courts and to prevent further harassment of the defendants, the plaintiff's filing of duplicative claims must stop. Accordingly, the court grants the defendants' motion for an order prohibiting the plaintiff from filing new complaints in this court without leave. Also, because the Western District of Pennsylvania has retained jurisdiction over many of the claims in the instant complaint, the court transfers this action to that venue.

II. BACKGROUND

Since November 1, 2001, the plaintiff has filed seven actions that are or were before this member of the court.*fn1 These claims relate to contracts between the plaintiff, his corporations Talasila and MRM Engineers, various state and private entities, and the United States. See generally Compls. in civil actions 01-2287, 02-0702, 02-0716, 02-0970, 02-1118, 02-1205, 02-2222. As the plaintiff explains in his complaints, in each action he seeks to litigate claims he has litigated and lost in other districts. Id. In this section, the court first provides facts relevant to the instant case. The court next provides facts relating to civil action 02-2222 because the evolution of that case exemplifies the plaintiff's habit of filing a new action when he does not receive the relief he desires in an existing action. Finally, to demonstrate the plaintiff's extensive history of violating court orders, the court provides a glimpse of the plaintiff's numerous cases in Pennsylvania and Texas.

A. Civil Action 01-2287, the Instant Case

The plaintiff filed the instant complaint on November 1, 2001, and then filed a first amended complaint on February 8, 2002. The plaintiff's first amended complaint ("complaint") alleges tort, contract, fraud, and civil rights claims relating to his company, Talasila, and defendants Penn, Dickie, and the United States.*fn2 See generally Am. Compl. ("Compl."). The subject matter of the complaint is work performed by Talasila pursuant to a contract with the United States ("the Project") that also involved defendant Penn, an insurer. Id. Defendant Dickie is a law firm that represented Penn in a lawsuit against the plaintiff and related to the Project. Penn & Dickie's Mot. to Dismiss or Transfer at 3 ("Penn's Mot.").

In his complaint, the plaintiff extensively details prior cases regarding the Project and the current defendants and explains that this action is very similar to the previous. E.g., Compl. at 3-14; see also Penn's Mot. at 4, Ex. A at 1-2 (Order dated Nov. 26, 2001 (98-1978 W.D. Pa.)). The plaintiff also states in the instant complaint that on November 26, 2001, he, Talasila, Rupa Mikkilineni,*fn3 and Penn signed a consent order that (1) settled and dismissed two civil actions (98-1978 (W.D. Pa.) and 00-1378 (W.D. Pa.)) similar to the instant case, and (2) prohibited the plaintiff from filing related claims.*fn4 Penn's Mot. at 3-4; Compl. at 11.

The plaintiff also admits in his complaint that his previous actions are repetitive. For example, the complaint states that one month after the UNITED STATES COURT OF APPEALS for the Federal Circuit affirmed the United States Claims Court's dismissal of his lawsuit against the United States for improper termination of the Project (civil action 97-439 (Fed. Cl.)), he simply re-filed the lawsuit (civil action 01-124 (Fed. Cl.)). Compl. at 4. The plaintiff further details that he filed a tort and civil rights claim against the United States (civil action 98-1043 (W.D. Pa.)), and then five months after the court's dismissal of that case, he re-filed the same claims (civil action 00-492 (W.D. Pa.)). Id. at 4-5.

On March 4, 2002, Defendants Penn and Dickie filed a motion to dismiss or transfer the complaint to the Western District of Pennsylvania. Defendant United States filed a motion to dismiss on August 9, 2002. On September 20, 2002, the plaintiff filed a second*fn5 amended complaint that the court ordered stricken ("October Order") because the plaintiff had filed no motion for leave to amend. Order dated Oct. 4, 2002. Also on October 4, 2002, the United States filed a motion to strike the second amended complaint and for entry of an order prohibiting the plaintiff from filing additional complaints in this court without leave. Defendants Penn and Dickie joined in this motion on October 18, 2002.*fn6 On October 10, 2002, the court filed an order to show cause why the court should not prohibit the plaintiff from filing additional complaints without leave, which the plaintiff responded to on October 21, 2002. On October 11, 2002, the plaintiff filed a motion for leave to file his second amended complaint, failing to include the proposed amendment as an exhibit. On December 9, 2002, the plaintiff filed a motion for a hearing or deposition regarding the motions to dismiss or transfer.

B. Civil Action 02-2222, A Related Action Before This Court

The plaintiff filed a new civil action in this court on November 12, 2002, five weeks after the court's October Order striking the plaintiff's second amended complaint filed without leave in this action. Compl. (02-2222) at 1;*fn7 Order dated Oct. 4, 2002. A page-by-page review of the stricken complaint in this action and the complaint initiating civil action 02-2222 shows that the two complaints are identical. Indeed, a comparison of the original signature page and the handwritten page numbers demonstrates that pages 2-30 of the complaint in civil action 02-2222 are simply a photocopy of pages 2-30 of the stricken complaint.*fn8 Compare 2d Am. Compl. with Compl. (02-2222). Demonstrating his strategy, the plaintiff stated in a March 31, 2003 opposition to defendants Penn and Dickie's motion to dismiss, "Mikkilineni's present action at 02cv2222 is identical to his ...


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