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Paul M. Zubritzky v. William F. Provenzano

December 6, 2010

PAUL M. ZUBRITZKY, PLAINTIFF,
v.
WILLIAM F. PROVENZANO, DEFENDANT



The opinion of the court was delivered by: Mitchell, J.

MEMORANDUM AND OPINION

Presently before the Court is Defendant's, William F. Provenzano ("Provenzano"), Motion to Dismiss Plaintiff's, Paul

M. Zubritzky ("Zubritzky"), Amended Complaint (Docket No. 17) for failure to state a claim upon which relief may be granted under Fed. R. Civ. P. 12(b)(6) and because the allegations in Counts IV, V and VIII of the amended complaint fail to meet the pleading requirements of Fed. R. Civ. P. 8(a) and Fed. R. Civ.

P. 9. For the reasons that follow, Provenzano's Motion to Dismiss (Docket No. 18) will be granted with prejudice with respect to the Racketeering Influenced Corrupt Organizations Act, 18 U.S.C. §§ 1961-68 ("RICO") claim.

I. Factual and Procedural History

Zubritzky is an obstetrician and a former member of the medical staff of Ohio Valley General Hospital ("OVGH").

During the timeframe relevant to the allegations of this action, Provenzano was the Chief Executive Officer of OVGH.

On or about May 27, 2009, Jane Doe, an obstetrical patient, entered OVGH requiring emergent medical care. Although the woman was a patient of another OVGH staff physician, Dr. Vladmir Nikifarouk, as the on-call physician, Zubritzky treated Doe.

The next day, Provenzano sent a letter to the President of the OVGH Medical Staff requesting an investigation of both the patient care provided to Doe by Zubritzky and of an alleged threat against Dr. Nikifarouk made by Zubritzky.

On or about June 10, 2009, Provenzano attended a meeting wherein he blamed Zubritzky for financial losses at OVGH and announced his decision to close the ob/gyn department. He then engaged Corazon, Inc. to evaluate the continued financial viability of the ob/gyn department. When the study concluded, it was recommended that the department be closed.

In the meantime, on July 10, 2010, the committee formed to investigate Zubritzky released its findings concluding that Zubritzky's actions were appropriate and that it had no evidence that Zubritzky threated Dr. Nikifarouk. Nevertheless, Provenzano continued to pursue the issue and requested that Zubritzky's chairmanship of the OVGH ob/gyn department be investigated or delayed. Zubritzky resigned as department chairman.

In October, 2009, Provenzano published and distributed a newsletter to OVGH employees which referred to an unnamed physician in a derogatory manner. Zubritzky understood the negative statement in the newsletter as a reference to him.

On November 6, 2009 Provenzano sent an email to a number of physicians and OVGH employees informing them that Zubritzky had been suspended from the medical staff and that the police should be notified if he was seen on the premises. Provenzano then contacted the head of the medical staff and informed him that he had suspended Zubritzky because Zubritzky had threatened his life. On that same day, Provenzano sent Zubritzky a letter informing him that his medical privileges had been suspended "in concordance with the Medical Staff President and Chairman of the Credentials Committee." Am. Compl. ¶ 43. Provenzano also reported Zubritzky's threat to the Kennedy Township Police Department.

On November 11, 2009, the Chairmen of the Medical Staff and Credentials Committee sent Provenzano a letter indicating that Zubritzky's suspension was ineffective because it was issued without the appropriate concurrences. The following ...


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