The opinion of the court was delivered by: Ellen Segal Huvelle United States District Judge
Plaintiff has yet again filed a pro se complaint against his employer, the Department of Navy. In a fourteen-count complaint plaintiff alleges discrimination based on national origin and age and retaliation in violation of Title VII and the ADEA; constitutional violations and violations of the civil rights laws, as well as conspiracy and aiding and abetting civil rights violations; various torts, including abuse of process, fraud and misrepresentation; an implied right of action for obstruction of justice; and violations of the Whistleblower Protection Act of 1989. Consistent with his past practice, plaintiff has also filed a motion for sanctions (Dkt. No. 21) under Fed. R. Civ. P. 11, claiming that defendants' summary judgment motion includes "deliberate misrepresentations," "fraudulent assertions," and "deceitful contentions." (Pl.'s Mot. for Sanctions at 2.) In addition, plaintiff has filed for final judgment (Dkt. No. 27) and a motion for additional sanctions and leave to respond to defendants' June 26, 2009 reply. (Dkt. No. 30.)
In response to plaintiff's constant barrage of paper, defendant has filed oppositions to plaintiff's many motions, as well as a motion for summary judgment and to dismiss or in the alternative, for a more definite statement (Dkt. Nos. 16 and 17), which plaintiff opposes.
Plaintiff's opposition consists primarily of an attack on defendant's factual assertions on the supposed grounds that they are fraudulent and deceitful, but as explained more fully below, his opposition consists of little more than disputes that are neither factual nor substantive and do nothing to rebut defendants' meritorious legal and factual arguments.
Therefore, plaintiff's pending motions will be DENIED and defendants' motions to dismiss and for summary judgment will be GRANTED.
While plaintiff does not appear to have brought suit in this Court before, he is a frequent filer in Maryland. As noted by Judge Davis in his Memorandum Opinion in Stoyanov v. Winter, No. 1:06-cv-01244-AMD (D. Md.), issued on August 11, 2008 (Dkt. No. 55), plaintiff has filed seven employment discrimination cases in Maryland.*fn1 As a result of his vexatious conduct, he is now subject to an order that limits him and his twin brother to only one active case at a time in the District of Maryland. See Stoyanov, No. 1:06-cv-01244-AMD, Mem. Opin. at 3-4 & n.1 (attached as Ex. I to Defs.' Mot. for Summary Judgment and to Dismiss [Defs.' SJ Mot.]). And, it bears noting that the tactic employed here of bringing multiple motions for sanctions was also used in Maryland, without success, in at least two of these actions. See, e.g., Stoyanov v. Winter, No. 1:06-cv-01244-AMD (Dkt. No. 49) (D. Md. May 13, 2008), and Stoyanov v. Winter, No. 1:05-cv-01567-RDB (Dkt. Nos. 64, 71 and 72) (D. Md. Oct. 30, 2006, Nov. 17, 2006).
Plaintiff was born in 1955 in the former Soviet Union, is now a naturalized citizen, and has worked for the Department of Navy as a scientist since 1986. He sues his employer, the Secretary of Navy, and three individuals in their personal and official capacities.*fn2 The dispute arises from plaintiff's complaint that he was not promoted to fill a vacancy in 2005 for a Supervisory Naval Architect in NAVSEA, Vacancy Announcement DON0871. Venue properly lies with this Court since the job at issue, a GS-15 position, is located in the Washington, D.C. Navy Yard. It is undisputed that plaintiff did not submit an application for the vacancy, although plaintiff claims that there was a conspiracy to conceal the vacancy announcement from him even though the announcement was posted on the Department of the Navy Human Resources website "CHART" system that is available to anyone, including plaintiff, with web access. In the alternative, defendants assert that plaintiff could not have been promoted to his position because he lacked the necessary qualifications. Plaintiff disputes this assertion.
Although much of plaintiff's forty-six page opposition consists of little more than plaintiff's vitriolic characterization of defendants' factual assertions in their summary judgment motion and supporting statement of facts not in dispute as "intentional misrepresentations, fabricated assertions without evidentiary support and . . . deceptions to the Court with regard to material facts in deceitful attempt to defend defendants' intentional discrimination and retaliations against plaintiff.," (see, e.g., Pl.'s Mot. in Opp'n to Defs.' SJ Mot. at 35), the vast majority of plaintiff's claims can be dismissed under Fed. R. Civ. P. 12(b)(1) and (6) without any reliance on defendants' factual assertions.
"In determining whether a complaint fails to state a claim [under Rule 12(b)(6)], [courts] may consider only the facts alleged in the complaint, any documents either attached to or incorporated in the complaint and matters of which [courts] may take judicial notice." E.E.O.C. v. St. Francis Xavier Parochial School, 117 F.3d 621, 624 (D.C. Cir. 1997). "'[W]hen ruling on a defendant's motion to dismiss, a judge must accept as true all of the factual allegations contained in the complaint.'" Atherton v. Dist. of Columbia Office of Mayor, 567 F.3d 672, 681 (D.C. Cir. 2009) (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007)). "'So long as the pleadings suggest a "plausible" ...