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Fusco v. Haynes

United States District Court, D. Maine

January 14, 2019

ANTHONY FUSCO, Plaintiff,
v.
NOEL L. HAYNES, KATIE DOHERTY, MARY HAYNES ROGERS, KIM E. DAVIS, and ANDREW DAVIS, Esq., Defendants.

          ORDER ON MOTIONS TO DISMISS

          JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE

         The Court grants the defendants' motions to dismiss a plaintiff's complaint regarding his dissatisfaction of an insurance company's handling of his claim for long-term disability benefits pursuant to Federal Rules of Civil Procedure 12(b)(6) and 8(a)(2) because the complaint does not contain a “short and plain statement of the claim showing that the pleader is entitled to relief.”

         I. BACKGROUND

         A. Procedural History

         On July 2, 2018, Anthony Fusco, acting pro se, filed and served a complaint in York County Superior Court naming Noel L. Haynes, Katie Doherty, Mary Haynes Rogers, Kim E. Davis, and Andrew Davis, Esq., as defendants. Notice of Removal, Attach. 1, Compl. with Exs. (ECF No. 1-1) (Compl.). With the Complaint, Mr. Fusco filed 84 pages of exhibits. Id. It is unclear whether the Court should construe the exhibits as allegations within the Complaint or as exhibits confirming or explaining allegations in the Complaint. Id.

         On July 16, 2018, Andrew Davis, Esq., filed a motion to dismiss. State Court Record, Attach. 12, 7-16-18 Mot. to Dismiss by Defendant Andrew Davis (Eddy) (ECF No. 10-12). On July 30, 2018, Mr. Fusco filed a response to Mr. Davis's motion to dismiss. Id. Attach. 10, Letter from Anthony J. Fusco to York County Clerk of Court (ECF No. 10-10) (Pl.'s Opp'n to Andrew Davis Mot. to Dismiss). On July 23, 2018, Attorney Davis filed a reply to Mr. Fusco's opposition to his motion to dismiss. Id. Attach. 11, Reply to Pl.'s Opp'n to Mot. to Dismiss by Def. Andrew Davis (ECF No. 10-10) (Andrew Davis Reply).[1]

         On July 20, 2018, Kim E. Davis filed a motion to dismiss. Additional Attachs. Filed by Katie Doherty, Noel L. Haynes re: State Court Record, Defendant Kim E. Davis' Motion to Dismiss (ECF No. 16) (Kim Davis Mot. to Dismiss). On July 30, 2018, Mr. Fusco filed a response in opposition to Ms. Davis's motion. State Court Record, Attach 8, 7-30-18 Opp'n to Mot. to Dismiss by Kim Davis (ECF No. 10-8). Ms. Davis has not filed a reply to Mr. Fusco's opposition.

         Mary Haynes Rogers filed an answer to Mr. Fusco's Complaint in York County Superior Court on July 30, 2018. State Court Record, Attach. 7, 7-30-18 Answer of Mary Haynes Rogers (Martin) (ECF No. 10-7) (Haynes Rogers Answer). Ms. Rogers has not filed a motion to dismiss the complaint.

         On July 30, 2018, Noel L. Haynes and Katie Doherty filed a notice of removal of the case to the United States District Court for the District of Maine. Notice of Removal (ECF No. 5) (Notice of Removal). On August 2, 2018, Mr. Haynes and Ms. Doherty filed a motion to dismiss in this Court. Mot. to Dismiss for Failure to State a Claim (ECF No. 8) (Haynes/Doherty Mot. to Dismiss). On August 3, 2018, Mr. Fusco filed a response in opposition to the Haynes/Doherty motion to dismiss. State Court Record, Attach. 4., 8-2-18 Reply to Summary Submitted by Ogletree Deakins (ECF No. 10-4). Mr. Haynes and Ms. Doherty replied on August 17, 2018. Reply to Resp. to Mot. to Dismiss for Failure to State a Claim (ECF No. 19) (Hayes/Doherty Reply). On August 28, 2018, Mr. Fusco filed a sur-reply. Sur-reply to Mot. to Dismiss for Failure to State a Claim (ECF No. 20) (Pl.'s Sur-reply)

         B. Statement of Facts

         The underlying dispute appears to arise from Mr. Fusco's dissatisfaction with Unum Life Insurance Company of America's (Unum) decision regarding the payment of long-term disability benefits under a group insurance policy issued to Mr. Fusco's former employer. In the first page of his Complaint, titled “Pro Se Lawsuit Summary and Contact Sheet, ” he outlines his charges against the five defendants. Compl. at 1.

         Mr. Fusco charges Noel Haynes, Senior Complaints Specialist at Unum, and Katie Doherty, Lead Appeals Specialist at Unum, with “Collusion”, “Breach of Contract”, “Depraved Indifference to Human Life”, and two counts of “Defamation of Character.” Id. From the documentation filed with the Complaint, it appears that following Unum's June 28, 2013 determination that Mr. Fusco was not eligible for long-term disability benefits, Mr. Fusco filed a complaint with Mr. Haynes. Id. at 62. Mr. Fusco also administratively appealed the decision to deny him long-term disability benefits, and Unum Lead Appeals Specialist, Ms. Doherty, upheld the determination. Id. at 65. No other facts are alleged regarding these two Defendants.

         Mr. Fusco charges Mary Haynes Rogers, Executive Director of Shalom House, with “Collusion”, “Depraved Indifference to Human Life”, and two counts of “Defamation of Character.” Id. at 1. Included with his Complaint is a letter to Ms. Rogers disputing Unum's determination and stating that “Shalom House as an Employer has a Legal Responsibility, to make sure Employees get Benefits paid for ...” Id. at 75. Mr. Fusco alleges no other facts relevant to his charges against Ms. Rogers.

         Mr. Fusco charges Kim E. Davis, an insurance contract examiner in the Consumer Health Care Division of the Maine Bureau of Insurance, with “Professional Negligence”, “Aiding and Abetting a Felony”, and “Filing a False Police Report.” Id. at 1. It appears that following Unum's denial of long-term disability benefits to Mr. Fusco, he sent a letter to the Maine Bureau of Insurance (the Bureau), stating that he had “tried everything humanly possible to resolve this matter” and that if the Bureau “by chance [has] any ideas [he] would truly love to hear them.” Id. at 12. With the letter, Mr. Fusco included twenty-seven letters and documents. Id. Ms. Davis, an insurance contract examiner in the Consumer Health Care Division of the Bureau, sent Mr. Fusco a letter regarding his ...


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