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Konrath v. Konrath

United States District Court, N.D. Illinois, Eastern Division

November 29, 2016

GREGORY KONRATH, Plaintiff,
v.
ANN KONRATH, et al., Defendants.

          SUPPLEMENT TO MEMORANDUM OPINION AND ORDER

          Milton I. Shadur Senior United States District Judge.

         This Court has just issued a memorandum opinion and order (the "Opinion") in the third case it has received from frequent litigant Gregory Konrath ("Konrath"), [1] a prisoner serving time in Westville, Indiana's Westville Correctional Facility ("Westville"). That Opinion has, just as was true of Konrath's two earlier cases assigned to this Court's calendar (Case Nos. 16 C 9539 and 16 C 9541), dismissed both Konrath's Complaint and his action in this case for good and sufficient reasons.

         There is nothing unique about a judge's receiving more than one case from the same plaintiff over time -- in that respect this District Court has sensibly adopted LR 40.3(b)(1), which provides for direct assignment to the same judge rather than the normal computer-driven random assignment system under certain circumstances. It is obvious that a judge who is already aware of a plaintiff's prior litigation history is often likely to have knowledge of some factor or factors that may be relevant to the proper disposition of that same plaintiff's current litigation - factors of which a judge with no prior exposure to the litigant is unaware. So this Court has had a substantial number of such "pen pals" with more than one case assigned to its calendar over some period of time.

         Konrath, however, is dramatically different. Just as the Opinion was being put into final edited form for issuance, this Court's colleague Honorable Thomas Durkin provided it with a copy of his attached order issued a day earlier in Case No. 16 C 10802 that disclosed the truly appalling story of Konrath's abuse of the judicial system -- mostly in the Indiana District Court, but recently in this District Court as well.[2] This Court had earlier harbored serious misgivings about Konrath from what he himself has disclosed in the limited number of cases brought to its calendar, and it is painfully obvious that Konrath's course of conduct cannot be allowed to continue unchecked without his being ordered to answer some serious questions.

         Here are the initial ones, which must be responded to on or before December 28, 2016:

         1. Konrath has described himself as having earned nearly $600, 000 from his successful medical practice in what was apparently his last active year before his conviction, trial and sentencing, with his earnings a few years earlier having amounted to some $1.7 million. Elsewhere Konrath has referred to a $4 million award to his ex-wife Ann (whom he has sought to sue in his current lawsuit before this Court) in connection with their divorce. Konrath is ordered to provide a sworn explanation of his net worth for the period beginning two years before that $1.7 million year to the current date (in which he claims indigency), together with copies of his federal income tax returns for the same years (which will be filed under seal by the Clerk's Office, so as not to become available to the general public).

         2. If any portion of Konrath's assets has been conveyed or assigned to any other person (including Konrath's mother) during that same time frame, Konrath is ordered to provide a sworn explanation of not only the amounts but also the circumstances occasioning any such transfers.

         Konrath is informed that by recently filing his numerous lawsuits in this judicial district he has submitted himself to jurisdiction here. That being the case, any noncompliance with this Court's orders could constitute civil contempt, which might be met with an order that he be detained in custody until he purges himself of such contempt. This Court has of course reached no conclusion on that score, but it is only fair to apprise nonlawyer Konrath of that possibility.

         IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

         Gregory Konrath (#254068), Plaintiff, v.

         Michael Alvado, Defendant.

         Case No. 16 C 10802

         ORDER

          Thomas ...


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