Buxbaum v. Buxbaum

Background

Michael Buxbaum, proceeding without a lawyer, sued Stewart Buxbaum and Geri Buxbaum. The court said his claims were difficult to understand but appeared to accuse the defendants of interfering with his real estate business.

Threats and Warning

The defendants’ lawyer reported that Michael Buxbaum had threatened the lawyer, both defendants, and other relatives mentioned in his pleadings. The reported communications included statements that the defendants’ deaths would be “great news,” vulgar insults, and a threat of physical violence against defense counsel.

The court warned Michael Buxbaum that any further conduct of that kind would result in immediate dismissal of the case with prejudice. Defense counsel later reported additional threats, including a threat to kill Stewart Buxbaum. The opinion also referred to threats made in other actions filed by Michael Buxbaum in the district, despite a similar warning in one of those cases.

Court’s Ruling

The court relied on its inherent authority—the court’s power to protect the orderly administration and integrity of its proceedings—to dismiss a case when a party’s conduct abuses the judicial process. It found Michael Buxbaum’s conduct egregious and said no lesser sanction than dismissal with prejudice was appropriate. The court stated that the threats independently warranted dismissal, made it impossible to litigate the case on the merits, and continued after the court’s warning.

The case was DISMISSED with prejudice. The clerk was directed to terminate Docket Items 31, 32, and 41 and close the case. The court did not decide whether Michael Buxbaum’s underlying allegations about the defendants’ conduct were legally or factually valid.