Tani v. FPL/Next Era Energy

• Decision Date: 15 September 2011
• Docket Number: Civ. No. 10–860–LPS.
• Citation: 811 F.Supp.2d 1004
• Parties: Kess TANI, Plaintiff, v. FPL/NEXT ERA ENERGY (FPL Capital Group, Inc.), et al., Defendants.
• Court: U.S. District Court — District of Delaware

811 F.Supp.2d 1004

Kess TANI, Plaintiff,

v.FPL/NEXT ERA ENERGY (FPL Capital Group, Inc.), et al., Defendants.

Civ. No. 10–860–LPS.

United States District Court, D. Delaware.

Sept. 15, 2011.

Kess Tani, North East, MD, Pro Se Plaintiff.

Ramy E. Hanna, Esquire, Morgan Lewis & Bockins LLP, Wilmington, DE, for Florida Power and Light.

Laurence V. Cronin, Esquire, Smith, Katzenstein & Jenkins LLP, Wilmington, DE, for Guidant Group, Inc. Defendants.Keri Lynn Morris, Esquire, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE, for Defendants Myriad Technical Services Corp. and Mirih Dash.

MEMORANDUM OPINION

STARK, District Judge:I. INTRODUCTION

Plaintiff Kess Tani (“Plaintiff”), who proceeds pro se, filed this civil action raising numerous claims, including employment discrimination and supplemental State claims.¹ (D.I. 1) Presently before the Court are Plaintiff's Requests for Default as to Defendants Florida Power and Light (FPL), a/k/a NextEraEnergy, and Myriad Technical Service Corp. (“Myriad Corp.”), opposed by Myriad Corp. and Mirih Dash (“Dash”) ² (together “Myriad”) as well as by Florida Power and Light, and Plaintiff's Motion for Default Judgment against Defendant Florida Power and Light (FPL), a/k/a NextEraEnergy, a/k/a FPL Group Capital, Inc.³ (D.I. 10, 22, 27) Also before the Court is Myriad's Motion to Dismiss and/or for Summary Judgment, and Defendant Guidant Group, Inc.'s (“Guidant”) ⁴ Motion to Dismiss. (D.I. 11, 15) In response to Defendants' motions, Plaintiff filed a Motion to Strike Guidant's Motion to Dismiss and a Motion for Criminal Referral of Defendants to the F.B.I. and U.S. Attorney's Office. (D.I. 19, 25) Finally, Florida Power and Light has entered a special appearance and filed a Motion to Dismiss, opposed by Plaintiff. (D.I. 27, 28, 29, 30)

II. BACKGROUND

The Complaint raises issues regarding an employment contract entered into by Plaintiff and the subsequent termination of his employment. The Court notes that there is confusion regarding the name of one defendant. Plaintiff names as a defendant FPL/NextEraEnergy (FPL Capital Group, Inc.). Florida Power and Light advises the Court that there is no corporate entity by the name of FPL/NextEraEnergy (FPL Capital Group, Inc.). For clarity, the Court will refer to Defendant FPL/NextEraEnergy (FPL Capital Group, Inc.) as “FPL/NextEraEnergy” and Florida Power and Light as “FPL”.⁵ Plaintiff seeks entry of default against FPL, a/k/a NextEraEnergy, and default judgment against FPL, a/k/a NextEraEnergy, a/k/a FPL Group Capital, Inc. The individual entities FPL, NextEraEnergy, and FPL Group Capital, Inc. are not named defendants. It seems that Plaintiff has combined these names to form the name for Defendant FPL/NextEraEnergy (FPL Capital Group, Inc.).

In one paragraph of the Complaint, Plaintiff describes FPL/NextEraEnergy, Guidant, and Myriad as owners of nuclear, fossil fuel, and renewable power plants, and sellers of electrical power. (D.I. 1 at ¶ 22) In a different paragraph of the Complaint, only FPL/NextEraEnergy is described as an owner of nuclear, fossil fuel, and renewable power plants, and seller of electrical power. ( Id. at ¶ 29) Guidant is described as a financial services firm and headhunter/body shop that performs head-hunting for corporations across the United States and overseas. ( Id. at ¶ 29) Similarly, Myriad is described as a headhunter/body shop that performs head-hunting for corporations across the United States and overseas. ( Id. at ¶ 31)

Plaintiff alleges that in April 2010, he entered into an open-ended written and verbal contract with Defendants to perform work for FPL/NextEraEnergy in Palo, Iowa, for a period of not less than thirty-six (36) months. On May 14, 2010, Defendants verbally instructed Plaintiff to travel from North East, Maryland to Palo, Iowa, and told Plaintiff that all background investigations had been completed, and the contract was valid for him to begin work. Plaintiff arrived in Palo, Iowa, was processed, and was issued an access badge/photo ID.⁶ At work on May 19, 2010, Plaintiff discovered deficiencies at the nuclear power plant and reported them to his immediate supervisor. On the same date, an unidentified individual sent an email inquiring if Plaintiff was on the “no fly” or “watch list” due to an incident that happened in Maryland. (D.I. 1 at ex. 3) An unidentified individual responded that the office was unaware of “any open-ended process to determine if someone is on the no fly list.” ( Id.)

On May 24 or 25, 2010, Plaintiff took, and passed, a general employee test, fitness for duty test, and psychological test. On May 25, 2010, Defendants required Plaintiff to produce pre-employment medical records from age eighteen through the present, as a condition of performing his contract with FPL/NextEraEnergy. On May 25, 2010, Plaintiff advised Defendants that the new demand was discriminatory because white employees were not required to produce medical records from age eighteen to the present as a condition of employment. He notes that the demand for records is not found in the contract or FPL/NextEraEnergy employment policies.⁷

On May 25, 2010, Defendants terminated Plaintiff's contract “on the spot.” According to Plaintiff, the decision to terminate his employment was due to his refusal to provide pre-employment medical records and not the result of job performance issues or violations of federal and state laws or company policies. In addition, Plaintiff alleges he engaged in protected whistle blowing activities and was subjected to racial profiling and discrimination.

The Complaint contains fourteen counts, as follows: (1) civil and criminal fraud in the inducement, misrepresentation, misstatements, and interference with a valid contract, in violation of the Statute of Frauds, U.C.C. Article 2, 42 U.S.C. § 2000e, 42 U.S.C. § 12101, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; ⁸ (2) unlawful demand for lawfully protected pre-employment medical records, in violation of 42 U.S.C. § 12101, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 and 1982, 10 C.F.R. 50.7, 42 U.S.C. § 5851, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; (3) civil and criminal conspiracy to blacklist/libel, in violation of 18 U.S.C. §§ 241 and 371, 42 U.S.C. § 1985, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; (4) civil and criminal blacklisting/libel, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 and 1982, 10 C.F.R. 50.7, 42 U.S.C. § 5851, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; (5) termination without good cause, in violation of 42 U.S.C § 12101, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 242m, Pub. Law 104–191 §§ 261, 265, 45 C.F.R. Pts. 160–164, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; (6) intentional civil and criminal racial profiling and discrimination, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 and 1982, 10 C.F.R. 50.7, 42 U.S.C. § 5851, and the Fourth, Fifth, Sixth, and Fourteenth Amendment of the United States Constitution; (7) unlawful, unilateral and arbitrary interference and breach of contract, in violation of the Statute of Frauds, U.C.C. Article 2, 42 U.S.C. § 2000e, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; (8) intentional civil and criminal violations of privacy rights, in violation of 42 U.S.C. § 2000e, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; (9) deprivation of rights, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 and 1982, 10 C.F.R. 50.7, 42 U.S.C. § 5851, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; (10) civil and criminal use of the internet, mail, and wire to perpetrate fraud, in violation of 18 U.S.C. §§ 1341 and 1343, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; (11) reckless disregard for the truth, life, reputation, and standing in the nuclear industry, in violation of the Statute of Frauds, U.C.C. Article 2, 42 U.S.C. § 2000e, 42 U.S.C. § 12101, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; (12) infliction of emotional and mental distress, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 and 1982, 10 C.F.R. 50.7, 42 U.S.C. § 5851, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; (13) civil and criminal obstruction of justice, in violation of 18 U.S.C. § 1514A, FCRA, FACTA, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 and 1982, 10 C.F.R. 50.7, 42 U.S.C. § 5851, and the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; and (14) civil and criminal harm to reputation, in violation of 18 U.S.C. § 1514A, FCRA, FACTA, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 and 1982, 10 C.F.R. 50.7, 42 U.S.C. § 5851, and the Fourth, Fifth, Sixth, and Fourteenth amendments of the United States Constitution. Plaintiff seeks injunctive relief and compensatory and punitive damages.

III. REQUEST FOR DEFAULT

Plaintiff states that FPL, a/k/a NextEraEnergy, and Myriad were duly, effectively, and properly served on October 22, 2010, and November 8, 2010, respectively. (D.I. 9, 10) Plaintiff had sought the services of the CT Corporation, located in Wilmington, Delaware, to effect service upon FPL/NextEraEnergy. However it advised Plaintiff that FPL/NextEraEnergy is not listed on its records or on the records of the State of Delaware. (D.I. 5)

To support his claim of proper service, Plaintiff filed domestic return receipts for Myriad Technical Services Corp. in Naperville,...