Opinion

Kaul v. Center for Personalized Education for Physicans

Court
District Court, E.D. North Carolina
Filed
Jun 14, 2024
Cited by
0 cases
Authority
More cited than 24.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

Case No. 5:23-cv-00672-M-KS

RICHARD ARJUN KAUL, et al., )

Plaintiffs,

v. ORDER

CENTER FOR PERSONALIZED EDUCATION

FOR PHYSICIANS, et al., )

Defendants.

Fess)

This matter comes before the court on the motions to dismiss filed by Defendants

Christopher J. Christie (“Christie”) and James Howard Solomon (“Solomon”) [DE 17]; Allstate

Insurance Company (“Allstate”) [DE 36]; Federation of State Medical Boards of the United States,

Inc. (the “Federation”) [DE 43]; Richard F. Heary (“Heary”) [DE 48]; Center for Personalized

Education for Physicians (““CPEP”) [DE 58]; and Daniel Stolz (“Stolz”) [DE 64]. Plaintiff filed

pro se responses to each of the pending motions. See DE 31, 51, 56, 61, 67, 84. For the following

reasons, the motions are granted.

I. Factual and Procedural Background

Plaintiff alleges that, more than a decade ago, he pioneered “the first outpatient minimally

invasive spinal fusion” procedure, which “revolutionized the field of spine surgery” and

“immensely benefitted” the public. DE 1 §§ 15, 30. He was later reported to the state licensing

authority for performing his spinal! fusion procedure, resulting in the revocation of his New Jersey

medical license in 2014. /d. § 135. The New Jersey State Board of Medical Examiners found that

“his performance of spine surgeries on 11 patients without proper training and experience

constituted gross and repeated malpractice, negligence, and incompetence.” Kaul v. Christie, 372

F. Supp. 3d 206, 215 (D.N.J. 2019). However, according to Plaintiff, the revocation allegedly

resulted from a vast bribery and racketeering scheme involving numerous medical professionals,

lawyers, government officials, and insurance companies. /d. {J 146-162. Since the revocation,

Plaintiff has instituted approximately sixteen prior actions seeking monetary and injunctive relief,

including the reinstatement of his medical license. Jd. at 9.

Based on his filing history, on September 12, 2022, United States District Judge J. Paul

Oetken enjoined Plaintiff from suing the defendants in Kaul v. Intercontinental Exchange (“Kaul

2021”) in any federal district court for claims relating to or arising from “(i) the denial of his

medical license; (ii) subsequent litigation proceedings initiated by the Defendants [t]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.” See No. 21-CV-6992, 2022 WL

4133427, at *9 (S.D.N.Y. Sept. 12, 2022). Judge Oetken warned that, if Plaintiff violates the order,

“any request will be denied for failure to comply with this Opinion and Order, and [he] may be

subject to sanctions, including monetary penalties or contempt.” Jd.

After entry of the filing injunction, Plaintiff filed suit in this district. See DE 1. The

complaint in this case is 132 pages and appears to allege fifteen claims arising under the Racketeer

Influence Corrupt Organizations Act (“RICO”), Section 1983 of Title 42 of the United States

Code, and the United Nations Declaration of Human Rights. It seeks monetary and injunctive

relief, including the reinstatement of his New Jersey medical license. It also names several Kaul

2021 defendants (the Federation; Allstate; Christie; Heary; and Stolzj as well as other defendants

who were unnamed in the previous suit (CPEP and Solomon). See id. at 131.

On January 11, 2024, Defendants Christie and Solomon moved to dismiss the complaint.

DE 17. Defendants Allstate, Federation, Heary, and CPEP have also moved for dismissal. DE 36,

43, 48, 58. On March 13, 2024, Defendant Stolz joined the pending motions. DE 64. Plaintiff fiied

pro se responses to each motion. DE 31, 51, 56, 61, 67, 84.

On March 15, 2024, Judge Oetken issued an order confirming that Plaintiff had not sought

permission to institute this action and thus has violated the filing injunction. See DE 173 at 2, Kaul

2021, No. 1:21-cv-6992. Judge Oetken denied Plaintiff permission to file or pursue this action

against the defendants named in Kaul 2021 and ordered Plaintiff “to withdraw the EDNC action

as to those defendants within 14 days of the date of this order. If he fails to do so, he may be subject

to monetary sanctions and contempt.” Jd. To date, Plaintiff has not voluntarily withdrawn any

affected claims. The motions are ripe for disposition.

II. Discussion

A, Rule 8

CPEP and Soloman argue that Plaintiff has failed to comply with Rule 8 of the Federal

Rules of Civil Procedure and “leave to amend would be futile because Plaintiff has had multiple

opportunities in various jurisdiction to amend his allegations and has perpetually failed to meet the

Rule 8 requirements.” See DE 18 at 4-5; DE 59 at 4—5 (“Kaul’s recycled contentions have been

repeatedly dismissed in courts across the United States because they do not plead a claim

for relief.”’).

Kaul responds that “Defendants have not specifically described their misunderstanding” to

portions of the complaint. DE 31 at 8. He contends that they “know and understand the exact

meaning of these statements pertains to the insurance industry’s over four hundred (400) year-long

profit-purposed ‘pattern of racketeering’ that commenced with the trans-Atlantic slaving genocide,

progressed to insuring the Nazi’s execution gas chambers/human incinerators to the current asset

seizing/trafficking on masse of ethnic minority physicians into for-profit American jails to the

profiting from investing/funding/financing forced mass vaccination programs.” Jd. at 8-9

(emphasis omitted). He asserts that he does not need to amend the complaint, but if the court finds

otherwise, he will correct any specific deficiencies identified for him. /d. at 9.

Federal Rule of Civil Procedure 8(a)(2) requires a plaintiff to set forth “a short and plain

statement of the claim showing that” the plaintiff is entitled to relief. Fed. R. Civ. P. 8(a)(2). The

pleading requirement is violated when a complaint is replete with “vague ramblings and

nonsensical claims” that defendants must attempt to decipher the “incomprehensible” to defend

themselves. E/-Bey v. North Carolina, 2014 WL 691580, at *2 (M.D.N.C. Feb. 21, 2014). Failure

to satisfy the pleading requirement after having fair notice of the specific defects in a complaint

and a meaningful chance to fix them is grounds for dismissal. Dillard v. Perry, 2019 WL 1244701,

at *5 (E.D.N.C. Mar. 18, 2019). The opportunity to amend is not required when the effort would

be futile. See Arroyo v. Zamora, 2018 WL 1413195, at *5 (W.D.N.C. Mar. 21, 2018).

Pro se pleadings are “to be liberally construed.” Erickson v. Pardus, 551 U.S. 89, 94 (2007)

(quoting Estelle v. Gamble, 429 U.S. 97 (1976)). “Principles requiring generous construction of

pro se complaints are not, however, without limits.” Beaudett v. City of Hampton, 775 F.2d 1274,

1278 (4th Cir. 1985). “Every party—pro se or otherwise—must comply with the Federal Rules of

Civil Procedure.” Tagirova v. Elizabeth City State Univ., 2017 WL 4019516, at *4 (E.D.N.C.

Sept. 11, 2017).

As CPEP and Solomon correctly point out, the complaint in this case is neither “short” nor

“plain.” It is 132 pages of vague and/or conclusory allegations, accompanied by 567 pages of

exhibits. The complaint, like the complaints supporting Plaintiff's previous litigations, depends on

“bizarre, far-fetched” claims “reliant on flawed premises” and “spurious comparisons between the

insurance industry, on the one hand, and Nazi Germany and slavery, on the other, and difficult-to-

follow references to Mr. Kaul’s other pending litigations (and related documents).” Kaul v. Boston

Partners, Inc., 2021 WL 3272216, at *3 (D. Mass. July 30, 2021).

Leave to amend would be futile in this case. Plaintiff maintains in essence that he will not

amend his complaint to comply with Rule 8 unless specific deficiencies are identified in his

complaint. See DE 31 at 9. “District judges have no obligation to act as counsel or paralegal to pro

se litigants.” Pliler v. Ford, 542 U.S. 225, 231 (2004). Moreover, Plaintiff has had several prior

chances in his other litigations to amend his recycled allegations to state a short, plain, and

plausible claim to relief, yet those other litigations “have [never] resulted in any relief for [him].”

See Kaul 2021, 2022 WL 4133427, at *1—2. Based on the record as a whole, his filing history, and

the assertions in his response, dismissal with prejudice under Fed. R. Civ. P. 8(a)(2) is appropriate.

B. Filing Injunction

The Federation, Allstate, Christie, Heary, and Stolz argue that dismissal with prejudice is

also appropriate because Plaintiff has violated the filing injunction entered against him in Kaul

2021. See, e.g., DE 18 at 2-4; DE 37 at 11-13; DE 44 at 2-5; DE 49 at 4—7. Plaintiff responds that

the injunction, like all nationwide injunctions, “are heavily disfavored” and that the injunction was

a product of “Fraud on the Court” and judicial corruption. See, e.g., DE 31 at 4-7; DE 51 at 25—

29; DE 56 at 3-6; DE 61 at 25-26.

The filing injunction enjoined Plaintiff from suing the above-named Defendants

(Federation, Allstate, Christie, Heary, and Stolz) in any federal district court for claims relating to

or arising from “the denial of his medical license . . . without first obtaining leave from this Court.”

See Kaul 2021, 2022 WL 4133427, at *9. Plaintiff did not appeal, and no court has invalidated,

the filing injunction. Thus, the filing injunction remains in full effect. See DE 173 at 2, Kaul 2021,

No. 1:21-cv-6992 (enforcing filing injunction).

There is no genuine dispute regarding whether Plaintiff has violated the injunction by filing

the pending claims against the above-named Defendants. Plaintiff has again sued the above-named

Defendants with allegations that they conspired “to make an example of him and cause public

officials to bar him from practicing medicine in New Jersey,” in violation of federal and

international law. See, e.g., Kaul v. Intercontinental Exch., No. 23-cv-02016, 2023 WL 3346769,

at *1 (S.D.N.Y. May 10, 2023); DE 1 99 14, 45, 110, 135, 137, 141-144 (alleging private and

public corruption stemming from the denial of his New Jersey medical license and seeking

monetary and injunctive relief, including the reinstatement of his medical license). He has not

sought permission to file the instant claims against the above-named Defendants. See DE 173 at

2, Kaul 2021, No. 1:21-cv-6992 (confirming violation of filing injunction). “Dismissal of a

complaint with prejudice is an appropriate means to enforce violations of such injunctions.” Kaul

v. Fed’n State Med. Bds. — Fla. Bd. of Med. (S.D. Fla. Aug. 22, 2023) (quoting Martin-Trigona v.

Shaw, 986 F.2d 1284, 1388 (11th Cir. 1993)).

III. Conclusion

For the foregoing reasons, the court GRANTS Defendants’ motions [DE 17, 36, 43, 48,

58, 64] and DISMISSES Plaintiff's complaint with prejudice.

The clerk of court is DIRECTED to close this case.

SO ORDERED this _ ! ae day of June, 2024.

lawl Z Vogue

RICHARD F. MYERS Ti

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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