White v. Renzi
| Decision Date | 24 August 2022 |
| Docket Number | 5:22-CV-370 |
| Parties | DYANNA M. WHITE, Plaintiff, v. JUDGE EUGENE RENZI, In their individual and official capacity, JUDGE PETER SCHWERZMANN, In their individual and official capacity, ATTORNEY MICHAEL YOUNG, In their individual and official capacity, ATTORNEY RETIRED ARTHUR STEVER, III, In their individual and official capacity, and POLICE OFFICER MICHAEL MANEY, In their individual and official capacity, Defendants. |
| Court | U.S. District Court — Northern District of New York |
APPEARANCES:
DYANNA M. WHITE Plaintiff, Pro Se BOND SCHOENECK & KING Attorneys for Defendants Judge Eugene Renzi, Judge Peter Schwerzmann, Attorney (retired) Arthur Stever, III, and Police Officer Michael Maney One Lincoln Center
MORRISON, MAHONEY LAW FIRM Attorneys for Defendant Attorney Michael Young
OF COUNSEL:
JONATHAN B. FELLOWS, ESQ.
ARTHUR J. LIEDERMAN, ESQ.
On December 23, 2021, pro se plaintiff Dyanna M. White (“White” or “plaintiff”) filed this 42 U.S.C. § 1983 action in the U.S. District Court for the District of Rhode Island. See Dkt. No. 1 at 8.[1]
Broadly stated, White alleges defendants Judge Eugene R. Renzi (“Judge Renzi”), Judge Peter A. Schwerzmann (“Judge Schwerzmann”), Attorney Arthur Stever, III (“Attorney Stever”), Attorney Michael Young (“Attorney Young”), and Watertown Police Officer Michael Maney (“Officer Maney”) (collectively “defendants”) violated her rights in connection with certain state court proceedings in Jefferson County, New York.[2] Id. at 5.
On February 10, 2022, White amended her complaint. Dkt. No. 9. Shortly thereafter, defendants moved to dismiss the pleading for, inter alia, lack of personal jurisdiction and improper venue. Dkt. Nos. 12, 14. Those motions were fully briefed. Dkt. Nos. 15-18.
On April 18, 2022, Chief U.S. District Judge John J. McConnell, Jr., sitting in the District of Rhode Island, denied defendants' motions to dismiss without prejudice and transferred the action to the Northern District of New York, Dkt. No. 19, where it was assigned to this Court, Dkt. No. 20.
On May 5 and 13, 2022, defendants filed renewed motions to dismiss under Federal Rule of Civil Procedure (“Rule”) 12(b), this time on the ground that White had failed to state any plausible claims for relief.[3] Dkt. Nos. 31, 35. White, for her part, filed a “motion to strike” defendant Attorney Young's motion to dismiss, Dkt. No. 41, as well as a “motion for leave to file” a sur-reply, Dkt. No. 48.
The motions have all been fully briefed and will be considered on the basis of the submissions without oral argument.
The following facts are taken from White's operative complaint, Dkt. No. 9, and are assumed true for the purpose of assessing the motions to dismiss.
White is the daughter of John W. Morrison (“John”). See Am. Compl. at 10 (). Together, the Morrison family-composed of John, his wife Arlene Morrison, their son David Morrison, and their daughter Cheryl Pastor-were shareholders in Morrison's Furniture Store, Inc. and Morrison's Realty Corp, Inc. Id. at 9.
On June 15, 2001, John executed a will and testament that nominated his wife Arlene as executrix. Am. Compl. at 9. Around this time, John also changed the named beneficiaries on his insurance policies. Id. As a result, the policies primarily benefited his son David and daughter Cheryl. Id.
On May 10, 2011, defendant Attorney Stever “executed the First Codicil to Last Will and Testament of John Morrison.” Am. Compl. at 9. According to plaintiff, the “sole purpose” of this codicil was to remove John's wife Arlene as executrix. Id. Instead, the codicil nominated John's son David and his daughter Cheryl as co-executors. Id. Plaintiff alleges that this codicil was executed under questionable circumstances:
The two purported signing witnesses were Tricia Creighton (paralegal) and Tonya Ryan (John Morrison's full time/primary in home caregiver). John Morrison's signature was notably shaky and a marked contrast from that of the signature on his 2001 Last Will and Testament.
Am. Compl. at 9. After a long illness, John died on December 6, 2011. Id.
On March 12, 2012, a probate petition for John's estate was filed in Jefferson County Surrogate's Court. Am. Compl. at 9. Shortly after John's death, White contacted Lisa Hartman, a paralegal at Conboy, McKay, Bachman, and Kendall “to try to ensure that Arlene Morrison would receive the insurance proceeds that she was entitled to.” Id. Ms. Hartman told plaintiff “that the beneficiary pages had been torn from all of the insurance policies and that she could provide no assistance.” Id.
In October 2012, John's wife Arlene received “her first monthly stipend from the state/trust for $1,250.00.” Am. Compl. at 9. White alleges that this forced her mother “to live off the little insurance money received.” Id. As plaintiff explains, after John's death “the now combined monthly social security proceeds” for the household were “reduced by $6,220.” Id.
Arlene soon suffered a stroke, and required “24 hour in home care.” Am. Compl. at 10. According to plaintiff, she “did not realize that [her] [m]other was automatically entitled to the standard spousal election until it was too late, but [her] siblings, all of the attorneys and the accountant were surely aware.” Id. at 9-10.
On November 13, 2012, defendant Attorney Stever mailed White a letter in which he offered to purchase plaintiff's shares in Morrison's Realty Corp for $19,636.29. Am. Compl. at 10. Attorney Stever mailed plaintiff a second letter in December in which he repeated the offer. Id.
White refused these offers. Am. Compl. at 10. As she explains, the shares were listed in court documents as being valued at $98,181.72. Id. According to plaintiff, she spent “three and a half years being bullied and harassed by this group of lawyers and [her] siblings to sell [her] financially-struggling [m]other's stock for 20% of its value.” Id.
Near the end of 2013, the “estate/trust” “let [plaintiff's] [m]other run out of money.” Am. Compl. at 10. Plaintiff began mailing monthly checks to David “to offset deductions from the estate/trust.” Id.
On November 15, 2013, attorney Samuel Burgess (“Attorney Burgess”) mailed to White a request for an accounting of plaintiff's “handling” of her mother Arlene's finances. Am. Compl. at 10. Plaintiff responded to this request within a two-week period. Id.
In a letter dated February 7, 2014, Attorney Burgess forwarded White a letter in which he “promis[ed] a quarterly accounting moving forward.” Am. Compl. at 10. According to plaintiff, that has “never been provided” to her. Id. Arlene, who never recovered from her stroke, died on September 19, 2015. Id.
During March and April of 2016, David “emptied out the majority of the contents of” John and Arlene's house at 242 Thompson Boulevard in Watertown, New York. Am. Compl. at 10.
On April 26, 2016, attorney Victoria Collins (“Attorney Collins”) filed a “Petition for Judicial Settlement and Accounting” with the Jefferson County Surrogate's Court. Am. Compl. at 10.
On April 28, 2016, White retained attorney Marcy Robinson Dembs (“Attorney Dembs”) “with a verbal agreement that she would petition Jefferson County Surrogate's Court for a $5,000 disbursement from John Morrison's estate.” Am. Compl. at 10. As plaintiff explains, she “did not have the money upfront for her retainer.” Id.
On May 5, 2016, Attorney Dembs met with Attorney Collins. Am. Compl. at 10. The attorneys discussed issues with the estates of John and Arlene Morrison. Id. From this meeting, plaintiff learned that Arlene had purportedly “gift[ed]” 18 shares of stock to David and Cheryl. Id. Plaintiff challenged the legitimacy of this transaction. Id.
From this meeting, White also learned that Attorney Collins insisted that, “with the exception of the removal of some items that were in poor condition, [her parents'] household remained intact.” Am. Compl. at 10. Plaintiff alleges this was “a false statement” and “grounds for removal as Executor of the estate.” Id. Although this information “should have incensed any Judge,” plaintiff alleges that “nothing was ever done about it.” Id.
In e-mails dated May 5, 2016 and May 24, 2016, Attorney Dembs “shared” that there was no proof that Arlene had gifted any stock to either of her children. Am. Compl. at 11. On May 11, 2016, plaintiff “was surprised to learn” that Attorney Dembs had requested “a $30,000 disbursement from [the] estate versus the original $5,000 [they] had discussed.” Id. According to plaintiff, she “reluctantly signed off on this.” Id.
White later received from Attorney Dembs an invoice “for over $10,000 for a single month's work.” Am. Compl. at 11. This “startled” her, and “[f]rom that point on, [she] sensed [she] was being put in a situation where [she] was going to be taken advantage of financially.” Id. Plaintiff was “further startled” to learn that Attorney Dembs had instructed Attorney Collins “to make the disbursement check out to [her]” and Attorney Dembs's law firm. Id. Plaintiff “drove 600 miles round trip in one day, in good faith, to hand deliver the signed check.” Id.
In an e-mail dated June 1, 2016, Attorney Dembs provided to White certain details of a conversation she had with Attorney Collins during and after an appearance in probate court. Am. Compl. at 11. According to plaintiff, Attorney Collins told Attorney Dembs that if she could not prove the shares were gifted she would “back off that claim.” Id.
On August 12, 2016, Attorney Dembs sent Attorney Collins a three-page letter that highlighted the outstanding issues regarding John's estate and the residuary trust. Am Compl....
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