Bezalel Grossberger v. Clerk of the Supreme Court, et al.

CourtDistrict Court, D. New Jersey
DecidedNovember 25, 2025
Docket3:21-cv-19959
StatusUnknown

This text of Bezalel Grossberger v. Clerk of the Supreme Court, et al. (Bezalel Grossberger v. Clerk of the Supreme Court, et al.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bezalel Grossberger v. Clerk of the Supreme Court, et al., (D.N.J. 2025).

Opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

BEZALEL GROSSBERGER,

Plaintiff, Civil Action No. 21-19959 (GC) (JTQ) v. MEMORANDUM OPINION CLERK OF THE SUPREME COURT, et al.,

Defendants.

CASTNER, District Judge THIS MATTER comes before the Court upon two Motions filed by Defendants. First, the Clerk of the New Jersey Superior Court and the Clerk of the New Jersey Supreme Court (the State Defendants) moved to dismiss Plaintiff Bezalel Grossberger’s Amended Complaint (ECF No. 89) pursuant to Federal Rule of Civil Procedure (Rule) 12(b)(1) and 12(b)(6). (ECF No. 98.) Second, the Monmouth County Clerk moved for judgment on the pleadings pursuant to Rule 12(c). (ECF No. 102.) Grossberger opposed the Motions, and the Monmouth County Clerk replied. (ECF Nos. 105, 106.) Also pending are Grossberger’s Motion to Stay Pending Appeal and Motion for Third Circuit Jurisdiction. (ECF Nos. 109, 119.) The Court has carefully reviewed the parties’ submissions and decides the matter without oral argument pursuant to Rule 78(b) and Local Civil Rule 78.1(b). For the reasons set forth below, and other good cause shown, Defendants’ Motions (ECF Nos. 98, 102) are GRANTED. Grossberger’s Motion to Stay Pending Appeal and Motion for Third Circuit Jurisdiction (ECF Nos. 109, 119) are DENIED as moot. I. BACKGROUND1 A. Factual Background Plaintiff Bezalel Grossberger alleges that the State Defendants “conspired with each other and colluded with unnamed parties, to ensure that [P]laintiff never has any recourse to file any form of complaint at any State Court or quasi-judicial State authority.” (ECF No. 89 at 1.2) Specifically, Grossberger objects to his filings in New Jersey state court being labeled frivolous

and therefore subject to screening and/or rejection prior to docketing.3 (Id. at 2.) According to Grossberger, “[i]n the past 10 years, almost without exception, every single submission is deemed frivolous without process of law.” (Id. at 3.) Grossberger claims his filings were marked frivolous without a hearing or an explanation.4 (Id.)

1 On a motion to dismiss under Rule 12(b)(6), the Court must accept all facts as true, but courts “are not bound to accept as true a legal conclusion couched as a factual allegation.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (internal citation and quotations omitted). 2 Page numbers for record cites (i.e., “ECF Nos.”) refer to the page numbers stamped by the Court’s e-filing system and not the internal pagination of the parties. 3 See Grossberger v. State, 2018 WL 4309414, at *1 (N.J. Super. Ct. App. Div. Sept. 11, 2018) (“Under [New Jersey Court] Rule 1:4-8(b)(3), the trial court on its own initiative can impose sanctions upon a pro se party for filing frivolous litigation.”); Grossberger v. Div. of L., Civ. No. 21-12102, 2023 WL 7110619, at *4 (D.N.J. Oct. 17, 2023) (“The court in [Rosenblum v. Borough of Closter, 755 A.2d 1184 (N.J. Super. Ct. App. Div. 2000)] found that a litigant, including a pro se litigant, can be prevented from filing a complaint when the plaintiff’s prior litigation demonstrates a pattern of frivolous pleadings, as long as the Assignment Judge reviewed the complaint and is satisfied that it has no merit, and traditional sanctions have not provided a deterrent to the plaintiff.”). 4 Separately, the United States Court of Appeals for the Third Circuit has upheld the imposition of a filing injunction against Grossberger by a court in this district. See Grossberger v. Ruane, 535 F. App’x 84, 86 (3d Cir. 2013) (“It is clear that Grossberger is unhappy with the District Court’s decision to dismiss his case, and apparently he has made it his goal to change the Court’s mind. But in the process, he has ‘established a pattern of groundless and vexatious litigation.’ . . . Grossberger’s filings are not only numerous, they are also without any merit.”) (internal citation omitted). Grossberger also alleges that there were various “abnormalities” regarding the screening of his filings. (Id. at 3.) For instance, he claims that he received “mailings in hand-written envelopes without stamps” and “return address [being the] same as [the] addressee.” (Id. at 3.) As for the “rare” hearings in his cases, Grossberger claims that these proceedings were “not conducted

normally” in that “parties may not be sworn in, need not stand when addressing the court; and the court opens with adversary despite the rules providing ‘movant is heard first.’” (Id. at 3-4.) Separately, Grossberger appears to challenge the recording of certain deeds by the Monmouth County Clerk. (Id. at 5.) According to Grossberger, the Clerk “filed [deeds] that are facially apparent as un-recordable,” and Grossberger claims he has standing to challenge those deeds as an “interested party.” (Id.) Grossberger apparently believes he has a right to the property that was the subject of the challenged deeds, as he “invested great effort to consummate the purchase through his assignee.”5 (ECF No. 89-7 at 4.) In an attachment to his Amended Complaint labeled “Motion for Leave to File an Amended Complaint Within Time,” Grossberger asserts that the original owner of the property “prepared a Deed and Hud-1 statement, but ultimately refused

to proceed with the sale without coherent explanation.” (Id.) Grossberger alleges that the property was sold to another buyer. (See id. at 4-5.) B. Procedural Background On April 16, 2020, Grossberger commenced his suit in the Superior Court of New Jersey, Chancery Division, Mercer County. (ECF No. 1 at 2 n.1.) On October 8, 2021, Plaintiff filed an Amended Complaint in state court. Grossberger named the following Defendants in his Amended Complaint: “Clerk of the Supreme Court”; “Clerk(s) of the Superior Court”; “Clerk(s) of the

5 The property at issue is located at 413 Oak Glen Road in Howell, NJ 07333. (ECF No. 89- 7 at 4.) Municipal Court”; “County Clerk(s)”; “Office of Attorney Ethics”; “State Prosecutors office”; “County Prosecutors office”; and “Clerk of the United States District Court.” (ECF No. 1-2 at 3- 4.) On November 12, 2021, Defendant Clerk of the United States District Court removed the matter to this Court under 28 U.S.C. § 1442. (ECF No. 1.) Grossberger thereafter sought the

issuance of a temporary restraining order, (ECF Nos. 24-27), which the Court denied, (ECF No. 39). Defendants moved to dismiss Grossberger’s Amended Complaint. (ECF Nos. 7, 19, 42.) Grossberger also filed four Motions for a Permanent Injunction and an Application for an Order to Show Cause. (ECF Nos. 29-32, 36.) On February 27, 2023, the Court dismissed the following claims with prejudice: (i) all claims against the Office of Attorney Ethics; (ii) claims against the Clerk of the Supreme Court and the Clerk of the Superior Court in their official capacities; and (iii) all claims against the Clerk of the United States District Court. (ECF No. 51.) The Court dismissed without prejudice: (i) claims against the Clerk of the Supreme Court and the Clerk of the Superior Court in their individual capacities; and (ii) claims against the Monmouth County

Clerk. (Id.) The Court denied Grossberger’s requests for injunctive relief, but it granted him leave to file an amended complaint by March 24, 2023. (Id.) The next day, Grossberger filed a “Motion for Clarification.” (ECF No. 52.) Then, on March 20, 2023, Grossberger sought an extension of time to file his amended complaint pending the Court’s resolution of his Motion for Clarification. (ECF No.

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