2004 | Cited 0 times | D. Maine | May 27, 2004


On July 1, 2003, I put Michael L. Brewer, acting pro se, on notice inMDL Docket No. 1361, In re Compact Disc Minimum Advertised PriceAntitrust Litigation, that filing restrictions might be in the offing forfrivolous litigation. In that Order, I listed his previous filings. Nowhe has filed this "Complaint for Conversion" as a separate lawsuit. The"conversion" complaint turns into allegations of "characterassassination" and is directed against lawyers. Mr. Brewer is unhappywith how they settled the multidistrict antitrust class action lawsuitover music CD pricing. This new lawsuit is frivolous on its face andtoday I have dismissed it.

I hereby find that Michael L. Brewer is a vexatious litigant who hasabused his right to access to this Court by continuing to pursuegroundless litigation. "A part of the Court's responsibility is to seethat [the Court's limited] resources are allocated in a way that promotesthe interest of justice. The continual processing of petitioner'sfrivolous [filings] does not promote that end." In re McDonald, 489 U.S. 180, 184 (1989). An injunction istherefore appropriate under 28 U.S.C. § 1651(a) which gives courtsauthority to prohibit the filing of frivolous and vexatious lawsuits.Castro v. United States, 775 F.2d 399, 408 (1st Cir. 1985).


Michael L. Brewer is henceforth ENJOINED from making further filingsconcerning the music CD lawsuit and its settlement or commencing any newlawsuit on that subject in the United States District Court for theDistrict of Maine without prior leave of Court. The Clerk of this Courtis directed to refuse to receive, file, or docket, without a prior orderof this Court, any such paper submitted by or on behalf of Mr. Brewer(other than a timely notice of appeal from this Order to the UnitedStates Court of Appeals for the First Circuit).

The United States Marshal is directed to personally serve an attestedcopy of this Order upon Mr. Brewer forthwith.


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