United States District Court, D. Maine
ORDER ON MOTIONS TO DISMISS
A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE
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.”
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.
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).
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.
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
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)
Statement of Facts
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.
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.
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.
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 ...