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Tiezzi v. Molloy

United States District Court, D. Massachusetts

October 21, 2014

MARTY TIEZZI, JR., Plaintiff,
v.
MORGAN P. MOLLOY, JR., et al., Defendants.

MEMORANDUM AND ORDER

INDIRA TALWANI, District Judge.

Before the court is the pro se complaint of Marty Tiezzi, Jr. ("Tiezzi") against his former employer, a number of its former or current employees, Tiezzi's former wife, the New England Ophthalmological Society, and President Barack Obama. Tiezzi seeks leave to proceed in forma pauperis. Also pending is his third motion for recusal. For the reasons stated below, the court (1) denies plaintiff's motion for recusal; (2) grants his motion for leave to proceed in forma pauperis; and (3) dismisses this action.

I. Background

The complaint contains factual allegations concerning the plaintiff's employment with Allergan Pharmaceuticals ("Allergan") from 1990-1993 and subsequent events. The court summarizes these allegations.

A. Hiring and Training by Allergan

Plaintiff alleges that in 1990, he applied for a job as a regional sales and marketing manager with Allergan. He was interviewed by defendant Patrick Welch ("Welch"), and during their discussion they each shared some background information about each other: Welch's favorite baseball team was the Chicago White Sox and Tiezzi had worked with the family construction business, which included a woodworking shop. After Tiezzi had accepted employment with the company, he was asked to sign a written contract. The contract identified Marty Piazza-a professional baseball player-instead of Marty Tiezzi as the employee. Based on the personal information shared in the interview and the incorrect name in the contract, the plaintiff concluded that Welch was "involved in some crazy professional baseball deal to use [Tiezzi's] background in wood to help identify and purchase the hardest wood to manufacture baseball bats. Compl. at 3. Because the plaintiff is "not a Communist (and/or identify thief), " he refused to sign the contract. Id. at 3-4. The name was corrected, and he proceeded with employment at Allergan.

According to the complaint, during a three-week training in October 1990, Scott Tyler ("Tyler"), another employee started a fight with the plaintiff. Tiezzi picked Tyler up over his head, "body-slammed" into a bed, and demanded that the fight stop. Id. at 4. The plaintiff later concluded that defendant Morgan Molloy ("Molloy"), an Allergan employee whose sales area was also in New England, had coached Tyler to start the fight so that the plaintiff's employment with Allergan would be jeopardized.

B. Barack Obama's Visit to Boston

The complaint asserts further that in 1992, "Chicago Politician" Barack Obama was visiting plaintiff's sales territory in Boston, Cambridge, and Brookline. Id. at 5-6. Tiezzi, one of his distant relatives, his wife, his district manager, and Allergan's national accounts manager all had connections with the insurance and/or pharmaceutical industries in the Chicago area. The plaintiff sees a connection between the politician's visit to his sales territory and his connections to Chicago and "wonder[s] if the roots of the infamous Obama Care' Insurance Plan originated during those 1992 visits to Boston, MA.?" Id. at 6.

C. Allergan Event at the Ritz Carlton

Plaintiff alleges that in or about 1991, he was in charge of a significant promotional event at the Ritz Carlton hotel in Boston. With budgetary concerns in mind, the plaintiff made sure that the per person cost for dinner and alcohol was capped. However, when the event was over and Tiezzi went to settle the account with the hotel, he learned that-without his knowledge or consent-extra alcohol and expensive wine had been ordered and added to the agreed-upon cost. Tiezzi was forced to use his personal credit card to pay part of the bill. He was afraid that he could lose his job over this incident.

D. Plaintiff's Divorce

The complaint alleges further that in May 1993, the plaintiff and his wife divorced. Although the couple had agreed upon a division of their personal belonging, when moving time came his wife took items that had been designated for Tiezzi. An argument ensued, during which the plaintiff's wife and some family friends threatened him. He filed a police report. Tiezzi notes that two of his friends are "common Catholic Communist ...


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