United States District Court, E.D. Michigan, Southern Division
OPINION & ORDER GRANTING IN PART AND DENYING IN
PART DEFENDANT'S MOTION TO DISMISS (Dkt. 13)
A. GOLDSMITH United States District Judge
matter is before the Court on Defendant Vito Manzella's
motion to dismiss Plaintiffs Labeed Nouri, Health O Rama
Urgent Care PLLC (“Healthorama”), and St. Peter
Medical Center, P.C.'s (“St. Peter”)
complaint pursuant to Federal Rule of Civil Procedure
12(b)(6) (Dkt. 13). For the reasons that follow, the Court
grants Manzella's motion as to the Fourteenth Amendment
claim, but denies the motion as to all other claims.
to the complaint, Plaintiff Labeed Nouri is an orthopedic
surgeon who rents office space in a commercial building
(“3058 Metro Parkway”). Compl. ¶ 8 (Dkt. 1).
Nouri is affiliated with several businesses located at 3058
Metro Parkway - he owns an urgent care medical clinic,
Healthorama, which operates from Suite 205; he maintains his
orthopedic surgery practice, St. Peter, at Suite
and he rents additional office space from which he operates
other businesses, including a physical therapy clinic.
Id. ¶¶ 9-10, 11. Defendant Vito Manzella
is a state of Michigan district court officer. Compl. ¶
February 2015, Nouri purchased an x-ray machine from Unitech
Imaging, Inc. (“Unitech”). Id. ¶
16. There was a “dispute” between Nouri and
Unitech regarding payment for the machine, and in October
2016, Unitech obtained a default judgment against Nouri in
the amount of $7, 163.00. Id. ¶¶ 17-19.
December 22, 2016, Unitech obtained a request and order to
seize property in the amount of $7, 200.93. Id.
¶ 21. The parties dispute the validity of this order.
Plaintiffs attached a copy of the order to their complaint,
which is not endorsed (that is, signed and dated by the court
officer executing the order) and states that it is to be
served by James Adamo. See Request and Order to
Seize Property, Ex. E to Compl. (Dkt. 1-6). Manzella attached
a different version of the order to his motion to dismiss, on
which the name “Vito Manzella” was handwritten
next to the typed name of “James Adamo.”
See Request and Order to Seize Property, Ex. A to
Def. Mot. (Dkt. 13-1). This order is endorsed. In their
response, Plaintiffs state that they requested a copy of the
order from the state district court, and received yet a third
version. See Pl. Resp. at 15. This third order also
shows that Manzella's name was handwritten next to
Adamo's typed name, but the handwriting is noticeably
different than the handwriting in the order provided by
Manzella. See Request and Order to Seize Property,
Ex. B to Pls. Reply (Dkt. 16-3). This third order is not
morning of February 10, 2017, Manzella and four other
individuals appeared at St. Peter. Id. ¶ 26.
Manzella presented a badge and “court paper” to
the office receptionist and asked for payment of the
judgment. Id. ¶¶ 26, 28. The receptionist
offered a corporate check, but Manzella demanded a
cashier's check. Id. ¶ 31.
was not at 3058 Metro Parkway at the time Manzella arrived,
but after being contacted by the receptionist, Nouri spoke to
Manzella on the phone around 10:00 a.m. and ensured him that
he was on his way to 3058 Metro Parkway. Id.
¶¶ 27, 33, 35. Manzella stated that he would need a
cashier's check by 11:00 a.m. or he would “shut the
place down.” Id. ¶ 34.
and the four other individuals remained in St. Peter's
waiting room until 11:00 a.m., at which point they went into
the interior portion of the office, including into the
Healthorama suite next door. Id. ¶¶ 36-37.
Manzella informed all of the patients and staff that they
needed to leave the office immediately, and proceeded to
rifle through filing cabinets, take photographs of the
office, and seize personal cash from office employees.
Id. ¶¶ 38-40.
arrived at 3058 Metro Parkway around this same time, and
Manzella told him that he would “put him in jail”
if he did not pay immediately. Id. ¶¶
41-42. Nouri called the police, but they did not take action
as the dispute appeared to be a civil manner. Id.
offered several ways to satisfy the judgment, such as by
letting Manzella take the x-ray machine in question, or by
providing a corporate check, but Manzella refused.
Id. ¶¶ 44-47. Around noon, Manzella called
a locksmith, had the locks changed on all of the office suite
doors, and instructed everyone to leave the premises.
Id. ¶ 48.
left to obtain a cashier's check. Id. ¶ 49.
Around 3:00 p.m., Nouri provided a cashier's check for
$9, 590.84 to Manzella, at which point Manzella provided the
keys to the new locks on the office. Id.
¶¶ 51-52, 62.
allege that Manzella's actions disrupted business at St.
Peter, Healthorama, and the physical therapy clinic not only
throughout the day on February 10, 2017, but the following
day as well, as patients needed to be rescheduled.
Id. ¶¶ 53-57. Due to the disruption,
patients were unable to have stitches removed when scheduled,
or to have injections administered at the prescribed times.
Id. ¶ 60. At least one patient's urgent
medical needs were unmet, as a patient with a fractured leg
bone had to be sent away. Id. ¶ 55.
17, 2017, Plaintiffs filed a complaint seeking relief for
violations of the Fourth and Fourteenth Amendment, pursuant
to 42 U.S.C. § 1983; trespass; tortious interference
with business relationship; and intentional infliction of