Kotsias v. LaVie Care Centers, LLC et al

Filing 34

ORDER that 30 Plaintiff's Objections to the Memorandum and Recommendation are OVERRULED; the 28 Memorandum and Recommendation is ACCEPTED; and Defendants' Motions to Dismiss [15, 17, 22] are GRANTED IN PART and DENIED IN PART as follows: All claims asserted by the Plaintiff against Defendants ESIS, INA, Ace Group, Work Comp Strategic Solutions, Inc., and Kelly Ongie are DISMISSED WITH PREJUDICE; Plaintiff's civil conspiracy claims against the Consulate Defendants are hereby DISMISSED WITH PREJUDICE; as previously ordered by the Magistrate Judge 28 , the Consulate Defendants' Motion to Dismiss 15 is DENIED IN PART WITHOUT PREJUDICE with leave to renew as to Plaintiff's ADA retaliation claims. Signed by District Judge Martin Reidinger on 9/29/2017. (khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00339-MR-DLH

RITA KOTSIAS,

)
)
Plaintiff,
)
)
vs.
)
)
LAVIE CARE CENTERS, LLC, d/b/a
)
CONSULATE HEALTH CARE, et al., )
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendants’ Motions to
Dismiss [Docs. 15, 17, 22]; the Magistrate Judge’s Memorandum and
Recommendation [Doc. 28] regarding the disposition of those motions; and
the pro se Plaintiff’s Objections to the Memorandum and Recommendation
[Doc. 30].
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of this Court, the Honorable Dennis L. Howell, United States Magistrate
Judge, was designated to consider the Defendants’ motions and to submit a
recommendation for their disposition.

On August 28, 2017, the Magistrate Judge filed an Order and
Memorandum and Recommendation in this case. [Doc. 28]. In the Order,
the Magistrate Judge denied in part the motion to dismiss [Doc. 15] filed by
the Consulate Defendants1 with respect to the Plaintiff’s ADA retaliation
claims, with leave to renew such motion. [Doc. 28 at 9]. In the Memorandum
and Recommendation, the Magistrate Judge set forth conclusions of law in
support of a recommendation regarding the dismissal of the Plaintiff’s other
claims for retaliation and civil conspiracy.

[See id.].

The parties were

advised that any objections to the Magistrate Judge’s Memorandum and
Recommendation were to be filed in writing within fourteen (14) days of
service. The Plaintiff timely filed her Objections on September 13, 2017.2
[Doc. 30].
In her Objections, the Plaintiff asserts that the Defendants have
engaged in various “crimes” [Doc. 30 at 4], “felonies” [id. at 10], “obstruction
of justice” [id. at 11]; and “fraud upon the court” [id. at 11, 12], allegations she
has made repeatedly throughout the course of litigating her claims before

1

These Defendants include La Vie Care Centers, LLC; Consulate Management
Company, LLC; CMC II, LLC; Salus Rehabilitation, LLC; Florida Health Care Properties,
LLC; Centennial Health Care Holding Company, LLC; Emerald Ridge Healthcare, LLC;
and Oaks at Sweeten Creek Healthcare, LLC.
The Plaintiff has not filed any objection to any part of the Magistrate Judge’s Order.
[See Doc. 30].
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this Court. Additionally, the Plaintiff accuses this Court of “assault[ing]” [Doc.
30 at 2] and “railroad[ing]” the Plaintiff [id. at 3]; of “whitewashing” the
Defendants’ alleged misconduct [id. at 10]; and of “cavalierly defend[ing]
Defendants, backed by jewish organized crime, Clintons and Greenbergs
and very possibly [George] Soros” [id. at 3].

In so doing, the Plaintiff

continues to make defamatory accusations against the Defendants, their
attorneys, and this Court without presentation of any support. The Court will
not address these inflammatory and unsupported allegations any further.
To the extent that the Plaintiff has presented cogent objections to the
Magistrate Judge’s recommendations, the Court has carefully reviewed the
Memorandum and Recommendation in light of such objections and finds that
the Magistrate Judge’s proposed conclusions of law are correct and
consistent with current case law. Accordingly, the Court hereby overrules
the

Plaintiff’s

Objections

and

accepts

the

Magistrate

Judge’s

recommendation that the motions to dismiss be granted in part and denied
in part.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Objections to the
Memorandum and Recommendation [Doc. 30] are OVERRULED; the
Memorandum and Recommendation [Doc. 28] is ACCEPTED; and the

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Defendants’ Motions to Dismiss [Docs. 15, 17, 22] are GRANTED IN PART
and DENIED IN PART as follows:
(1)

All of the claims asserted by the Plaintiff against Defendants

ESIS, INA, Ace Group, Work Comp Strategic Solutions, Inc., and Kelly Ongie
are DISMISSED WITH PREJUDICE.
(2)

The Plaintiff’s civil conspiracy claims against Defendants La Vie

Care Centers, LLC; Consulate Management Company, LLC; CMC II, LLC;
Salus Rehabilitation, LLC; Florida Health Care Properties, LLC; Centennial
Health Care Holding Company, LLC; Emerald Ridge Healthcare, LLC; and
Oaks at Sweeten Creek Healthcare, LLC (“the Consulate Defendants”) are
hereby DISMISSED WITH PREJUDICE.

As previously ordered by the

Magistrate Judge [Doc. 28], the Consulate Defendants’ Motion to Dismiss
[Doc. 15] is DENIED IN PART WITHOUT PREJUDICE with leave to renew
as to the Plaintiff’s ADA retaliation claims.
IT IS SO ORDERED.
Signed: September 29, 2017

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