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Wallace v. Trost

United States District Court, D. Maryland

September 4, 2014

ANDREW SCOTT WALLACE
v.
JEFFREY THOMAS TROST, M.D., et al.

MEMORANDUM OPINION

DEBORAH K. CHASANOW, District Judge.

Presently pending and ready for resolution in this case are three motions to dismiss filed by Defendants: (1) Stephen William Wiley and Wiley Pharmacy of Quarryville, Inc. (collectively, "the Wiley Defendants") (ECF No. 9);[1] (2) Stephen G. Diamantoni, Diamantoni & Associates, and William Vollmar, II (collectively, "the Diamantoni Defendants") (ECF No. 14); and (3) Jeffrey Thomas Trost ("Dr. Trost") (ECF No. 21). Also pending are the following motions filed by Plaintiff Andrew Scott Wallace: (1) motion to strike a reply brief filed by the Diamantoni Defendants (ECF No. 32); (2) motion for a more definite statement from Defendants Sam Blank, Luke Beiler, and Annette Wallace (ECF No. 35); (3) motion to show status of Plaintiff's motion for a more definite statement (ECF No. 38); (4) motion for summary judgment as to Defendants Sam Blank, Luke Beiler, Annette Wallace, and Dr. Trost (ECF Nos. 39 & 41).[2] The issues have been briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, the three motions to dismiss will be granted. Plaintiff's motion to strike will be denied. Plaintiff's motions for a more definite statement, to show status, and for summary judgment will be denied as moot.

I. Background[3]

Beginning in 1999, Plaintiff Andrew Scott Wallace, his then wife Annette Wallace, and their two children began regular doctor visits to the Medical Office of Diamantoni & Associates Family Practice, P.C. (ECF No. 3, at 3). In early 2003, Plaintiff learned that his wife Annette Wallace had been having an adulterous affair with Dr. Jeffrey Trost of Diamantoni & Associates since 2002. Dr. Trost initially denied the affair when Plaintiff confronted him in 2003, but then admitted the affair and the two made a "verbal agreement" that Dr. Trost would end the affair. Nevertheless, Dr. Trost apparently resumed relations with Plaintiff's wife. Plaintiff asserts that other members of Diamantoni & Associates, including Defendants James Elia and Dr. William Vollmar II, were aware of this relationship, but did nothing to stop it.

Plaintiff alleges that throughout the ongoing affair with Dr. Trost, Annette Wallace neglected her duties with regard to Amish Builders, a business that both Plaintiff and his wife operated. Specifically, Plaintiff asserts that Annette Wallace failed to file "necessary and required personal property returns, sales tax returns and income tax returns for the business, " and failed "properly [to] account for income and expenses of the business, " causing the economic failure of the company. ( Id. ¶ 16). Plaintiff argues that his wife's actions were part of a scheme designed to embezzle funds from Amish Builders, which then were used by Annette and Dr. Trost for their personal benefit. Plaintiff contends that this nefarious activity resulted in Amish Builders accruing $650, 000 in debt.

Although not entirely clear from the complaint, in the aftermath of his company's financial troubles sometime in December 2004, a receiver took over the business. ( Id. ¶ 20). Plaintiff alleges that he was forced to turn over power of attorney to Samuel Blank after Plaintiff was unable to pay back approximately $250, 000 in merchandise supplied to Amish Builders. ( Id. ¶ 21). Samuel Blank then appointed Luke Beiler to serve as an examiner/accountant of the company's business records. ( Id. ¶¶ 20-21). Plaintiff contends that once Mr. Blank gained control over the company, he threatened to "ruin him" and instructed other suppliers to cease doing business with Amish Builders until the debts were repaid. According to Plaintiff, Mr. Blank instructed Mr. Beiler to cancel all of Plaintiff's personal and company credit cards. ( Id. ¶ 23). Six years later, in 2010, Mr. Blank hired Annette Wallace as a salesperson and bookkeeper for his company, B&B Structures. ( Id. ¶ 25).

In 2005, divorce proceedings commenced between Plaintiff and Annette Wallace. During Dr. Trost's deposition in 2006, Plaintiff apparently discovered that Annette had been prescribed "alprazolam" or Xanax, and that Dr. Trost allowed Annette to bring alcoholic beverages into the medical office. ( Id. ¶ 26). Immediately following the deposition, Plaintiff went with his divorce attorney to Wiley Pharmacy of Quarryville, Inc., demanding records of his wife's drug prescriptions. ( Id. ¶ 27). Stephen William Wiley, the pharmacist in charge on January 24, 2006, explained that all such records were destroyed. ( Id. ¶ 28). Plaintiff alleges that Stephen Wiley and the pharmacy intentionally destroyed the records at the request of Dr. Trost.

At some point in 2006, Plaintiff informed Dr. Trost's wife about Dr. Trost's affair with Annette Wallace and sought to have his medical license revoked. Plaintiff avers that, consequently, Dr. Trost hired an arsonist to set fire to Plaintiff's home, which was completely destroyed. ( Id. ¶ 30). Plaintiff also contends that he received threats from Dr. Trost during this time period, which were relayed to him by Annette Wallace. ( Id. ¶¶ 31-32).

According to the amended complaint, from 2006 through 2009, Plaintiff continuously filed complaints against Dr. Trost with the Pennsylvania State Board of Medicine, the Medical Ethics Board, the Pennsylvania District Attorney's Office, and the Office of Governor of Pennsylvania. ( Id. ¶ 33). By Plaintiff's own admission, however, the complaints were investigated, but proved unavailing.

II. Procedural Background

Plaintiff, proceeding pro se, filed a complaint on November 19, 2013, alleging violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962 et seq., against the following Defendants: Stephen G. Diamantoni; Diamantoni & Associates; James M. Elia; Jeffery Thomas Trost; William Vollmar, II; Annette Wallace; Stephen William Wiley; and Wiley Pharmacy of Quarryville, Inc. (ECF No. 1).[4] Plaintiff filed an amended complaint on December 4, 2013, adding Sam Blank and Luke Beiler as new defendants. (ECF No. 3). Luke Beiler, Sam Blank, and Annette Wallace answered the complaint on January 13, 2014, indicating that they strongly denied all the allegations in the complaint. (ECF No. 7).[5] Defendants William Wiley and Wiley Pharmacy of Quarryville moved to dismiss (ECF No. 9), Plaintiff opposed the motion (ECF No. 17), and Defendants replied (ECF No. 20). Plaintiff then filed a surreply. (ECF No. 26). Defendants Diamantoni, Diamantoni & Associates, and William Vollmar, II also moved to dismiss (ECF No. 14), Plaintiff opposed that motion (ECF No. 19), and they replied (ECF No. 27). Plaintiff filed a surreply (ECF No. 34) and also moved to strike the Diamantoni Defendants' reply brief (ECF No. 32). Defendant Jeffrey Trost filed a separate motion to dismiss (ECF No. 21), Plaintiff opposed his motion (ECF No. 31), and Dr. Trost replied (ECF No. 36). Plaintiff then filed the following motions: (1) motion for a more definite statement from Defendants Sam Blank, Luke Beiler, and Annette Wallace (ECF No. 35); (2) motion to show status of his motions (ECF No. 38); (3) motion for summary judgment as to Defendants Sam Blank, Luke Beiler, Annette Wallace, and Jeffrey Trost (ECF No. 39); and (4) a corrected motion for summary judgment (ECF No. 41).

III. Analysis

A. Motion to Dismiss Filed by the Wiley Defendants

The Wiley Defendants seek dismissal of Plaintiff's complaint on two grounds: (1) lack of personal jurisdiction; and (2) failure to state a claim upon ...


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