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Smile v. Wilentz Limited Liability Co., LLC

United States District Court, W.D. North Carolina, Charlotte Division

April 25, 2019

AL SMILE, Plaintiff,
v.
WILENTZ LIMITED LIABILITY COMPANY, LLC, et al., Defendants.

          ORDER

          Frank D. Whitney, Chief United States District Judge.

         THIS MATTER is before the Court on initial review of the Complaint, (Doc. No. 1).[1]Also pending are Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, (Doc. No. 2), Motion for Emergency Ex Parte Hearing, (Doc. No. 3), and Motion to Consolidate, (Doc. No. 5).

         I. BACKGROUND

         Pro se Plaintiff purports to file suit under 18 U.S.C. § 241. He names as Defendants Wilentz Limited Liability Company, LLC; Wilentz, Goldman & Spitzer, P.A.; and David Widstein. (Doc. No. 1 at 2). Plaintiff asserts that he resides in Charlotte, all of the Defendants are located in Woodbridge, New Jersey. He claims that the Court has federal question jurisdiction pursuant to § 241 and diversity jurisdiction.

         Plaintiff states the facts underlying the case as follows, verbatim:

My Son is a Special needs Child. I was awarded custody of him @ 11 Yrs old by the head Judge in Essex County, N.J. (Honorable Judge Troiano) (See attached Profile).[2] My Son's Mom never got over this and has been through several Attorneys, married a few times and worked her way up to the top floor after her Fiance in the same law firm hired this top attorney for her who she ended up marrying and his entire matrimonial team quit on him. Our Son had some issues Nov/Dec 2017 & had to go to a treatment center. During this period I discovered some very troubling thing by his Mom's New Phone frequently dialing me & leaving messages on vmail when I'd miss the call otherwise I'd listen out of curiosity since they were talking about Our Son and the Situation. I found their conversation to be disturbing. I also discovered some things that I wasn't supposed to know and when I confronted my Son's Mom she was infuriated. Since, they choked off all financial support and assistance they both agreed to pay and did timely and consistently for several years ($5, 900 Per Month). Payments Stopped Retaliation Began!”

(Doc. No. 1 at 5).

         Plaintiff alleges irreparable injury as follows, verbatim:

When I 1st filed for Custody for my Son when @ 11 years old, I did so because he was being given alcohol to knock him out when a certain Paramour would visit and every summer he pleaded with me to. I worked very hard for over 20 years and built a technology communications company (AT&T Franchise). A Publicly traded company bought us out $Multi-Million$ buy out! I decided it was finally time and I did it. This has been going on in a manner of speaking since. My Son's Mom ended up Marrying her Lawyer and when she recently got upset about the salacious discoveries accidentally made it was infuriating to her! Our case was about them giving Our Son alcohol. I also discovered that they allowed him to get sick drunk at their wedding at 16 yrs old and he ended up getting beat up (Bloody Bad) Severely by one of her family members she's very protective of. Then they tried covering it all up. It happened again by a different family member I also found out. My Son was bullied a lot in school and with his issues he's always been a target. The discovery of the salacious behavior regarding the same Paramour who is dear to her puts her fantasy financial state at grave risk now so she thinks. She's Mad!

(Doc. No. 1 at 5).

         Plaintiff seeks as relief the following, verbatim:

My Son's Mom & “New Lawyer Husband” agreed to pay $3, 800. Gift from the Mom, (tax beneficial) & a $2, 100. per month consulting fee from her new lawyer husband (tax beneficial). He owes me now in back payments, $2, 100. X 19 Months = ($39, 900). My Son's Mom owes $3, 800. X 17 Months = ($72, 000). I am also requesting reimbursement for rent I paid I never enjoyed! (17 X $, 1590. = $27, 030). If the business tort law would be applicable here, I'd request the Court Order they each pay this amount! I'll ask the court to take into consideration requiring All defendants proportionately to pay me immediate Atty Fees! This case cries out for Justice! I'll need to seek assistance of Professional Council (Fair Playing Field)! I need someone who deals in these types of cases Multi-State, (different Collaborating Parties Involved, etc). I'd like to ask the court to grant reasonable attorney fees proportionately from each party that I listed in these coorelating series of complaints! I'd request an initial minimum Amt of $25, 000. Per Defendant. This will allow me to represent my claim, revealing these atrocities!

(Doc. No. 1 at 5).

         II. MOTION TO PROCEED ...


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