Opinion

Kaul, MD v. Oetken

Court
District Court, S.D. New York
Filed
Aug 20, 2025
Cited by
0 cases
Authority
More cited than 39.1%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

RICHARD ARJUN KAUL, MD; JANE DOE;

JOHN DOE,

Plaintiffs,

-against- 25-CV-6495 (LTS)

JAMES PAUL OETKEN; EDWARD ORDER OF DISMISSAL

SPONZILLI; PAUL E. DWYER; DANIEL M.

STOLZ; DAVID J. D’ALOIA; JAY W.

BROWN; JANE DOE; JOHN DOE,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff Richard Arjun Kaul, who is proceeding pro se, brings this new civil action

against several individuals and entities regarding an alleged conspiracy on the part of

Defendants, involving the denial of his medical license, and the subsequent litigation related to

this denial.1 By order dated August 13, 2025, the Court directed Plaintiff to pay the fees to

initiate a new civil action or request leave to proceed in forma pauperis (“IFP”). Plaintiff filed an

IFP application on August 15, 2025. The Court grants this application, but for the following

reasons, dismisses the action.

DISCUSSION

On September 12, 2022, Plaintiff was barred from filing any new action, motion, petition,

complaint, or request for relief regarding the denial of his medical license. See Kaul v.

Intercontinental Exch., No. 21-CV-6992 (JPO) (S.D.N.Y. Sept. 13, 2022) (“Kaul I”). The

injunction barred Plaintiff from filing any such action against (1) Intercontinental Exchange, a

1 Plaintiff includes a Jane Doe and a John Doe as plaintiffs in this action but does provide

any information suggesting that other individuals intended to participate in this action. The Court

therefore refers to a single plaintiff throughout this order.

stock exchange holding company; (2) GEICO, TD Bank, and Allstate Insurance Company

(“Allstate”), banks and insurance companies; (3) Federation of State Medical Boards (“FSMB”);

(4) Arthur Hengerer, Robert Heary, and Atlantic Health Systems, doctors and a health institution;

(5) New Jersey officials Chris Christie, Philip Murphy, and Gurbir Grewal; (6) Daniel Stolz and

Max Gersenoff, two lawyers; and (7) Rivkin Radler, a law firm. The injunction specifically

barred Plaintiff

from filing in any United States district court any action, motion, petition, complaint, or

request for relief against any of the Defendants named in this litigation that relates to or

arises from (i) the denial of his medical license; (ii) subsequent litigation proceedings

initiated by the Defendants here before the date of this Order; (iii) subsequent litigation

proceedings initiated by Plaintiff Kaul before the date of this Order; without first

obtaining leave from this Court. Any motion for leave must include the caption “Request

for Permission to File under Filing Injunction” and must be submitted to the Pro Se

Intake Unit of this Court along with Plaintiff Kaul’s proposed filings.

Kaul I, ECF 1:21-CV-6992, 168, at 19.

Plaintiff now files this new action, asserting claims against the Honorable J. Paul Oetken,

the district judge who issued the injunction in Kaul I; Stolz, who Plaintiff sued in Kaul I; Edward

Sponzilli, a lawyer who represented Heary in Kaul I; Paul E. Dwyer, a lawyer who represented

Christie, Murphy, and Grewal in Kaul I; David J. D’Aloia, a lawyer who represented Allstate in

Kaul I; and Jay Brown, a lawyer who represented the FSMB in Kaul I. The claims asserted in

this action concern the alleged conspiracy regarding the denial of Plaintiff’s medical license, as

well as the subsequent litigation proceedings. Accordingly, the Kaul I injunction applies.

Because Plaintiff did not request leave of court to file this new action, the Court dismisses the

action for failure to comply with the Kaul I injunction order.

CONCLUSION

The Court grants Plaintiff’s IFP application and directs the Clerk of Court to terminate

this motion (ECF 4).

The Court dismisses this action for failure to comply with the injunction issued in Kaul v.

Intercontinental Exch., No. 21-CV-6992 (JPO) (S.D.N.Y. Sept. 13, 2022).

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order

would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal.

See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED.

Dated: August 20, 2025

New York, New York

/s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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