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NAGUIB v. ILL. DEPT. OF PROF'L REG.

December 3, 1997

Gamal S. Naguib, Plaintiff,
v.
Ill. Dept. of Prof'l Reg. et al., Defendants.



The opinion of the court was delivered by: NORGLE

 CHARLES R. NORGLE, SR., District Judge:

 Before the court are several Defendants' motions to dismiss. *fn1" For the reasons that follow, Naguib's Second Amended Complaint against Zollar, Benden, Sirefman, Lowery, Reynolds, Vold, and O'Sullivan is dismissed for lack of subject-matter jurisdiction. Additionally, Defendants' motions to dismiss Naguib's Second Amended Complaint is granted in favor of Hinsdale, Glassford, Nathan, Zeck, Beatty, Pecaro, Jeddeloh, and Simon. Malnak's motion to dismiss Naguib's § 1983 claim is granted, but Naguib's § 1985 claim shall continue against Malnak. As for M. Sanders, S. Sanders, and Choukas, the court denies their motions to dismiss.

 I. BACKGROUND

 Plaintiff Gamal S. Naguib ("Naguib") is a licensed dentist, suing twenty-one individuals and entities (collectively "Defendants") for allegedly violating 42 U.S.C. §§ 1983 and 1985 (1994). In an effort to state a claim, Naguib throws everything into his Second Amended Complaint ("Complaint"), including the proverbial kitchen sink. As a result of Naguib's unintelligible sentences and paragraphs, *fn2" Naguib made it difficult and time consuming to unravel what role each Defendant played, if any, in the alleged "massive conspiracy." The following facts and allegations are what could be reasonably discerned from Naguib's pleadings. *fn3"

 A. Naguib's Complaint

 1. Parties

 Naguib sued the following employees of the Illinois Department of Professional Regulation ("Department") *fn4" in their official capacities: (1) Nikki M. Zollar ("Zollar"); (2) Mary Ann Benden ("Benden"); (3) Marion Sirefman ("Sirefman"); (4) Michael Lowery ("Lowery"); (5) Bruce Reynolds ("Reynolds"); (6) Michael Vold ("Vold"); and (7) Daniel O'Sullivan ("O'Sullivan"). (Pl.'s Am. Compl. at 1-2.)

 Defendants Allen Malnak ("Malnak"), a licensed physician, and Nicholas Choukas ("Choukas"), a licensed dentist, connected in some capacity with Gottlieb Hospital, are sued in their personal capacities. Id. at 2.

 Defendants Martin Sanders ("M. Sanders") and Stuart Sanders ("S. Sanders"), licensed dentists, connected in some capacity with the Department, are sued in their personal capacities. Id.

 Defendants Howard Glassford ("Glassford"), Robert T. Zeck ("Zeck"), Robert A. Beatty ("Beatty"), licensed physicians, and John Nathan ("Nathan"), a licensed dentist, connected in some capacity with Hinsdale Hospital, are sued in their personal capacities. Id. at 2-3. Defendant Hinsdale Hospital ("Hinsdale") is sued in its general capacity. Id. at 3.

 Defendant Bernard C. Pecaro ("Pecaro"), a licensed dentist and physician, connected in some capacity with Columbus and Northwestern University, is sued in his personal capacity. Id.

 Defendant Norman P. Jeddeloh ("Jeddeloh"), Charles Locker ("Locker"), and John Simon ("Simon"), licensed attorneys, are sued in their personal capacities. Defendant State's Attorney's Office ("State's Atty's Office") is sued in its official capacity. *fn5" Id.

 2. Factual Allegations

 As a summary, Naguib alleges that

 
defendants are involved in illegal investigation, massive conspiracy, retaliation and discrimination against the Plaintiff that was in the making and came to surface by Gottlieb Hospital and its IPA director defendant Dr. Allen Malnak, who used the Illinois Department of Professional Regulation State "agency" to create and fabricate charges of their own making in order to force the Plaintiff out of practice that he grandfather for the past 28 years because of the plaintiff national origin ancestry "Egyptian."

 Id. at 4.

 Twenty-eight years ago, when Naguib was participating in an anesthesia training program at Cook County Hospital, M. Sanders was a dental student and a part-time technician at Cook County's anesthesia department, and S. Sanders was a resident at the hospital. Id. at 5. Allegedly, M. Sanders and S. Sanders "were antagonistic against the Plaintiff because of his national origin ancestry 'EGYPTIAN.'" Id. (capitalization in original). M. Sanders allegedly said to Naguib "'when the time will come you will be pushed against the wall.'" Id. Naguib asserts that M. Sanders and S. Sanders have been waiting 28 years to eliminate Naguib from the dentistry profession because of their personal vendetta against him. Id.

 According to Naguib, the massive conspiracy against Naguib began in June 1992. Id. at 6. While taking a coffee break at Gottlieb Hospital ("Gottlieb"), three doctors from Gottlieb approached Naguib and cordially invited him to join Gottlieb's Independent Physician Association ("IPA") which is a joint venture between Gottlieb and Westtown Medical Practice. Id. Naguib completed the necessary application form, and submitted it along with his resume and a check for the requested fee in the amount of $ 750.00. Id. On October 28, 1992, IPA's "credentialing committee" denied Naguib's application, and returned his check to him. Id.

 Naguib alleges that the three doctors that approached him were "Dr. S.J. Hasanain, Dr. F. Friedman, and Dr. E. Ebron *fn6" 'close friend and neighbor to the Sanders, who knows Jeddeloh.'" Id. Thus, Naguib concludes "what was actually behind this invitation was an orchestrated, harassment and discrimination by Gottlieb hospital using its IPA/PHO Westtown Medical Practice as a tool to initiate and start the set up." Id.

 When Naguib was invited to join the IPA, he was told that Westtown Medical Practice was responsible for paying for the patients that were referred to him. Id. at 7. "Despite the repeated request from the plaintiff to Westtown to produce payment for service rendered to those patients, defendant Dr. Allen Malnak refused to issue any payment! to the plaintiff." Id. Additionally, after Naguib submitted his application to join IPA, defendant Dr. Allen Malnak, and Dr. Frank Friedman and Ken Fishbain "started an abusive and hostile atmosphere, and unpleasant working environment picking on the plaintiff nationality 1 and his degree 2, until it reached to a point that the plaintiff felt it is unsafe for him and his patient that he treat and admit that hospital 'Gottlieb'!" Id.

 Allegedly, in order to further his own special interests and economic advantage, Choukas intimidated and harassed Naguib, making Naguib's life miserable. Id. at 8.

 Zollar "unleashed the [Department's] discriminating crew to fabricate and manufactured evidence which is merely their own making to start defamation the plaintiff character and invite other defendant to practice their own malicious acts." Id.

 "With the presence of defendant Dr. N. Choukas member of the Gottlieb hospital IPA/PHO and Westlake hospital 'Synergon Health System' and his family, sons and their spouses, 'Melrose Park', Illinois, 'the city' became a power house. Being the [Department] agency is politically controlled by the same interest group and as planned, it did not take that long for the agency TO STEP IN." Id. (capitalization in original).

 At that point, Naguib hired Simon to deal with the allegations before the Department which Naguib declares are the same allegations disseminated by Gottlieb, M. Sanders and S. Sanders. Id. On February 23, 1994, a meeting was scheduled before the Department. Id. at 10. Both Naguib and Simon attended the meeting. Id. Prior to the meeting, Naguib asked Simon to audio-tape the meeting. Id. Simon "responded that this may trigger hard feelings and defendant Dr. Michael Vold the department dental coordinator may be offended!" Id. At the meeting, Simon and Vold "were exchanging comments and kidding regarding that Defendant Michael Vold choose the day of the storm ha, ha, ha, etc." Id. "Each time the plaintiff said good bye to defendant John Simon, The Defendant walked backward staring at the Plaintiff in a certain strange way... but the plaintiff did not understand why the defendant John Simon does that?!" Id.

 In April 1994, Naguib did not receive renewal on his liability insurance. Id. When he called his insurance company to inquire, the company told him that they had not received his payment. Id. Naguib then produced proof to show that he had paid all of his premiums in full. Id. Thus, the insurance company renewed his liability insurance. Id. "Later on it was discovered that there was some documented material which was initiated by the Defendant John Simon with branches of this company!! Earlier in January, 1994." Id.

 On April 23, 1994, Naguib "rendered multiple and extensive surgery procedures to a victim of a car accident who sustained severe Orofacial trauma at Cabrini Hospital and saved her life." Id. at 11. The Plaintiff was shocked to learn that the victim had hired an attorney, Locker, who blackmailed him "with the matter before the Department of Professional Regulation and used as an excuse to deprive the Plaintiff from the funds that it should be paid for his service." Id. Naguib's charges against Locker for attorney misconduct are still pending before the Illinois Attorney Registration and Disciplinary Commission. Id. Naguib was further shocked to learn that Locker knew about the matters before the Department because information regarding such proceedings are allegedly not available to the public. Id. Hence, Naguib questioned Locker about his relationship to the Department. Id.

 On May 1994, the Department sent him a notice of a disciplinary conference. Id. Simon assured him that this was a routine, informal meeting. Id. Prior to attending the meeting, Naguib hired a special audio-tape recording company to audio-tape the meeting. Id. Naguib maintains that Simon "was furious, and upset and shouted at the Plaintiff, 'you are acting like you are your own lawyer,' and told the Plaintiff that this is not necessary because this meeting is informal and asked the Plaintiff to play low key so they will be nice with him!!" Id. Naguib was very concerned and wanted to properly record the meeting. Id. Although Simon allegedly promised that there would be someone there to officially and impartially transcribe the meeting, no such person was present. Id. During the meeting, Naguib was shocked when he saw that Simon was not doing anything. Id. "At that time the Plaintiff realized that his own attorney the Defendant Mr. John Simon is a part of a deep conspiracy." Id.

 "At that time the Plaintiff was still in a nightmare, trying to deal with the situation that commenced at Gottlieb hospital and its IPA and Synergon Health System and also the Department of Professional Regulation. 'The suspicious link between all parties involved was obvious.'" Id.

 According to Naguib, the Department filed a complaint against him on November 17, 1994, despite the lack of probable cause. Id. The Department's complaint allegedly contained "fabricated allegation created by the Defendants." Id. at 12. Naguib states that the Department's complaint charged him with violating the dental, medical, and hospital license acts. Id. Naguib asked Jeddeloh to represent him with this matter. Id. At that time, Naguib "noticed some conflicts [in Jeddeloh's] statements and actions, also excuses and untruthful statements and unethical tactics, the way he was handling the Plaintiff defense." Id. Allegedly, Jeddeloh employed delay tactics which benefited the Department, Gottlieb and its IPA and Synergon Health System, M. Sanders and S. Sanders, and Jeddeloh. Id. On July 4, 1995, the Department amended its complaint. Id. at 13. In November 1995, Jeddeloh informed him "what the previous hearing officer strike from the counts was put back by the new hearing officer, according to Mary Benden's demand." Id. Jeddeloh then paused and stated "'too bad you have been screwed'!!" Id.

 Because of Naguib's growing suspicions against Jeddeloh, Naguib sought another opinion from Mr. Aldo Botti, who advised him that he would need to examine Naguib's file. Id. Naguib terminated Jeddeloh's representation. Id. Before producing Naguib's file, Jeddeloh "requested additional fund in the amount of one thousand and one hundred ninety dollars and twenty one cents." Id. Naguib provided the funds to Mr. Andrew Acker, who traveled to Jeddeloh's office to obtain Naguib's file. Id. Thereafter, Mr. Acker compared Jeddeloh's file with the Department's file and allegedly discovered that Jeddeloh had not produced a complete file. Id.

 Allegedly, Naguib found a ten-page transcript of a hearing on March 13, 1995. Id. Naguib exclaims that the transcript

 
contained the most malicious, unethical, damaging statements that any one could do this his client before a hearing officer using inflammatory statement to influence the basic human reaction and response of the hearing officer and saturate her or his feeling with a negative response toward his client in order to damage and ...

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