Professional Documents
Culture Documents
_______________
Richard P. Owens, on brief for appellee.
________________
____________________
____________________
Per
Curiam.
____________
Pro
se
plaintiff-appellant
John
defendant-appellee
Massachusetts resident,
receives telephone
services from
According
calls
services.
electronic
On
bullet" was
and generally
June
10,
attempts
to
problems.
for
with
his
example,
"an
phone lines,
dial
two
1991,
interfering
telephone
numbers
were
"stated that
`Psychiatrist.'"
Based
complaint
had
to
on
these
factual
allegations,
of action:
Desmond's
Desmond's
constitutional right
of
privacy
by
his business
attempts
and
to litigate
other relationships,
other matters
-3-
including
before the
his
courts; (3)
that
the
operator's statement
that
Desmond
should see
of
respondeat superior;
of emotional
(4)
that the
operator's
responsible
under
of
1934,
47
the
doctrine
of
respondeat
U.S.C.
151
et
seq.,
and
certain
April 21,
1992, the
occurred in
to 28
New York
Massachusetts,
U.S.C.
1391(a),
to
dismiss
12(b)(6),
February
and
28,
Desmond's
Desmond
1994
complaint
Memorandum
of
Complaint."
the
Law
complaint
responded,
granted
"for
in
NYNEX's
the
Support
Desmond appealed.
in the
transferred the
1406(a) to
district court,
Fed.
R. Civ.
P.
court
on
district
motion
reasons
the District
under
the
case
and
stated
of Motion
dismissed
in
NYNEX's
to
Dismiss
name
NET
the
We affirm.
The Merits
__________
Desmond's
complaint
does
not
as
defendant.
Indeed,
in Massachusetts
-4-
and
business in
diversity
Massachusetts, to
of
citizenship
do so would
in
this
destroy complete
case.
The
complaint
state
that
"spokesperson of
could
liable
justify
for
the
operator
NYNEX").
piercing the
the
alleged
identified
herself
as
of
veil
its
to make
subsidiary,
complaint.
NYNEX
NET.
causes of
alone, we
party-defendant, we
would
still affirm
court
He
of state
law.
utterly
lacking
conspired
his
detail,
government entity"
services are
See McGillicuddy
________________
conclusory allegations,
factual
telephone
action.
he has failed to
not
adequate
v. Clements,
________
that
NYNEX
to disrupt
to allege
state
77-78
-5-
Apart
from
these
insufficient
All
investigate
that
his
he
alleges
is
claims
that
some
that
NYNEX
government
214,
refused
to
entity
was
establish a claim
Massachusetts law,
an
breach
advantageous relationship
of
Geltman,
_______
contract.
or
knowingly induced
a
v.
N.E.2d 20 (1990).
Desmond did
of any advantageous
or business
not allege
relationship between
or that NYNEX
Consequently, dismissal
that the
to see a
claim
for
intentional
infliction
of
To
emotional
"beyond all
intolerable in
possible
a
bounds of
decency," and
civilized community."
Agis
____
v.
-6-
315, 319
__________________
(1976).
meet
this standard.
hurt feelings
a claim.
Santana v.
_______
Registrars of Voters, 398 Mass. 862, 867, 502 N.E.2d 132, 135
____________________
(1986).
The
an action for
slander because
it was a
mere expression
of
Desmond's argument on
was published
Mass. 294,
105 N.E.
appeal that he
because he alleged
896 (1914).
remark
calls were
slander
distress, NYNEX
intentional
could not
infliction
be liable in
of
emotional
respondeat superior
alleged
complaint did
conduct,
shorn
not specify
of
the
in what
way
insufficient
Communications
regulations.
Act
or
applicable
federal
tariff
-7-
court's
Desmond
also
transfer
of
Massachusetts was
well
within
the
this
the transferring
conduct
Massachusetts.
the
New
to
the
action
improper and ex
argues that
parte.
court's
York district
District
The
transfer was
discretion, however,
in
the
Since Desmond
of
complaint
all or most
occurred
in
1406(a).
v. Palmetto
________
State Savings Bank, 811 F.2d 916, 919 (5th Cir. 1987).
__________________
Finally,
Desmond
Desmond personally.
the district
argues that
the
district judge
Desmond has
given no
judge bears
him any
ill will.
Desmond
-8-