UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JANE DOE, an individual Michigan resident

Filing anonymously under a fictitious name,

Plaintiff,

vs. CASE NO. 2:15-cv-10724

HON. STEPHEN J. MURPHY III

MAMOUN DABBAGH, M.D., HON. ELIZABETH A. STAFFORD

Defendant

Nakisha N, Chaney (P65066) STEPHEN M. RYAN PLLC

NACHT, ROUMEL, SALVATORE, Stephen M. Ryan (P27717)

BLANCHARD & WALKER, P.C. Attorney for Defendant

Attorney for Plaintiff 30700 Telegraph Road, Suite 1677

101 N. Main Street, Ste. 558 Bingham Farms, Michigan 48025

Ann Arbor, Michigan 48104 (248) 723-8500

(734) 663-7550 (2480 723-8501 (fax)

smryanpllc@aol.com

DEFENDANT'S ANSWER TO GOMPLAINT.

AFFIRMATIVE DEFENSES AND RELIANCE UPON JURY DEMAND

NOW COMES the Defendant herein, Dr. Mamoun Dabbagh, by and through his

attorneys, Stephen M. Ryan, PLLC, by Stephen M. Ryan, and in answer to the

Compliant filed in this matter, states as follows. First, in an unnumbered paragraph on

page 'l of the Complaint, certain allegations are made against the Defendant, and all of

the said allegations are denied as untrue.

PARTIES. JURSIDIGTION AND VENUE

1. Answering paragraph no. 1, this Defendant denies all allegations

contained therein in as untrue.

2. Answering paragraph no. 2, this Defendant denies all allegations

contained therein as untrue.

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3. Answering paragraph no. 3, this Defendant is without sufficient knowledge

or information to form a belief as to the truth of the matters asserted therein, and

therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

4. Answering paragraph no. 4, this Defendant pleads no contest.

5. Answering paragraph no. 5, this Defendant pleads no contest.

GENERAL ALLEGATIONS

Plaintiff ls Ensnared in a Human Traffickinq Rinq

6. Answering paragraph no. 6, this Defendant denies all allegations

contained therein as untrue.

7. Answering paragraph no.7, this Defendant is without sufficient knowledge

or information to form a belief as to the truth of the matters asserted therein, and

therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

8. Answering paragraph no. 8, this Defendant is without sufficient knowledge

or information to form a belief as to the truth of the matters asserted therein, and

therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

9. Answering paragraph no. 9, this Defendant is without sufficient knowledge

or information to form a belief as to the truth of the matters asserted therein, and

therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

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10. Answering paragraph no. 10, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

11. Answering paragraph no. 11, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

12. Answering paragraph no. 12, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

13. Answering paragraph no. 13, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

14. Answering paragraph no. 14, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

15. Answering paragraph no. 15, this Defendant is without sutficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

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and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintitf to her strict proofs.

16. Answering paragraph no. 16, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

17. Answering paragraph no. 17, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

18. Answering paragraph no. 18, this Defendant denies all allegations

contained therein as untrue.

19. Answering paragraph no. 19, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

20. Answering paragraph no. 20, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

21. Answering paragraph no. 3, this Defendant is without sufficient knowledge

or information to form a belief as to the truth of the matters asserted therein, and

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therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

22. Answering paragraph no. 22, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

23. Answering paragraph no. 23, this Defendant is without sufficient knowledge

or information to form a belief as to the truth of the matters asserted therein, and

therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

24- Answering paragraph no. 24, this Defendant denies all allegations

contained therein as untrue.

25. Answering paragraph no. 25, this Defendant denies all allegations

contained therein as untrue.

26. Answering paragraph no. 26, this Defendant denies all allegations

contained therein as untrue.

27. Answering paragraph no. 27, this Defendant denies all allegations

contained therein as untrue.

28. Answering paragraph no. 28, this Defendant denies all allegations

contained therein as untrue.

29. Answering paragraph no. 29, this Defendant denies all allegations

contained therein as untrue and further affirmatively avers that any drugs prescribed by

Defendant to Plaintiff were meant for Plaintiff to take as prescribed.

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30. Answering paragraph no. 30, this Defendant denies all allegations

contained therein as untrue.

31. Answering paragraph no. 22, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

32. Answering paragraph no. 22, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

Defendant Mamoun Dabbaqh. M.D.

33. Answering paragraph no. 33, this Defendant denies all allegations

contained therein as untrue.

34. Answering paragraph no. 34, this Defendant admits same.

35. Answering paragraph no, 35, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs, however, Defendant states that psychotropic drugs are

simply those drugs typically prescribed by psychiatrists.

Dabbaqh Provided Prescriptions for Psvchotropic Medications to Trafficker Mark

White

36. Answering paragraph no. 36, this Defendant denies all allegations

contained therein as untrue.

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37. Answering paragraph no. 37, this Defendant admits same, but Defendant

did not know at any time that Plaintiff was being "held" by White.

38. Answering paragraph no. 38, this Defendant denies all allegations

contained therein as untrue.

39. Answering paragraph no. 39, this Defendant denies all allegations

contained therein as untrue.

40. Answering paragraph no. 40, this Defendant denies all allegations

contained therein as untrue.

41. Answering paragraph no. 41, this Defendant admits same.

42. Answering paragraph no.42, this Defendant admits same.

43. Answering paragraph no. 43, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

44. Answering paragraph no. 44, this Defendant denies all allegations

contained therein as untrue.

45. Answering paragraph no. 45, this Defendant denies all allegations

contained therein as untrue.

46. Answering paragraph no. 46, this Defendant denies all allegations

contained therein as untrue.

47. Answering paragraph no. 47, this Defendant denies all allegations

contained therein as untrue.

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48. Answering paragraph no. 48, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

50. Answering paragraph no. 50, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs,

51. Answering paragraph no. 51, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

52. Answering paragraph no. 52, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs, and further avers that based upon his medical treatment of

Plaintiff, Defendant prescribed certain drugs for Plaintiff,

53. Answering paragraph no. 53, this Defendant denies all allegations

contained therein as untrue.

54. Answering paragraph no. 54, this Defendant denies all allegations

contained therein as untrue.

55. Answering paragraph no. 55, this Defendant denies all allegations as pled

as untrue.

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56. Answering paragraph no, 56, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

57. Answering paragraph no. 57, this Defendant denies all allegations

contained therein as untrue. Defendant further avers that a pharmacy would have had

to fill the prescriptions and that these drugs prescribed for Plaintiff by Defendant were

meant to be taken by Plaintiff as prescribed.

58. Answering paragraph no. 58, this Defendant denies all allegations

contained therein as untrue.

59. Answering paragraph no. 59, this Defendant denies all allegations

contained therein as untrue.

60. Answering paragraph no. 60, this Defendant admits same, but further

avers that Defendant followed all appropriate standards of care.

61. Answering paragraph no. 61, this Defendant denies all allegations

contained therein as untrue.

Plaintiff Escaped and White Committed Suicide

62. Answering paragraph no. 62, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

63. Answering paragraph no. 63, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

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and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

64. Answering paragraph no. 64, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

65. Answering paragraph no. 65, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

66. Answering paragraph no. 66, this Defendant is without sufficient

knowledge or information to form a belief as to the truth of the matters asserted therein,

and therefore neither admits nor denies the allegations contained therein but leaves the

Plaintiff to her strict proofs.

CLAIM FOR RELIEF

COUNT 1

TVPRA OF 2OO8

Knowingly Benefitting from Participation

ln Venture lnvolving Human Trafficking

18 U.S.C. S 1595

67. Answering paragraph No. 67, this Defendant hereby incorporates by

reference thereto all of his answers to paragraphs 1 through 66, above, as if set forth

herein word for word.

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68. Answering paragraph no. 68, this Defendant denies all allegations

contained therein as untrue.

69. Answering paragraph no. 69, this Defendant denies all allegations

contained therein as untrue.

69a. Answering paragraph no. 69a, this Defendant denies all allegations

related to Defendant's prescribed medication contained therein as untrue.

69b. Answering paragraph no. 69b, this Defendant denies all allegations related

to Defendant's prescribed medication therein as untrue.

69c. Answering paragraph no. 69c, this Defendant denies all allegations related

to Defendant's prescribed medication therein as untrue.

70. Answering paragraph no. 70, this Defendant denies all allegations

contained therein as untrue.

71. Answering paragraph no. 70, this Defendant denies all allegations

contained therein as untrue.

71a. Answering paragraph no. 71a, this Defendant denies all allegations

contained therein as untrue.

71b. Answering paragraph no. 71b, this Defendant denies all allegations

contained therein as untrue.

71c. Answering paragraph no. 7|c, this Defendant denies all allegations

contained therein as untrue.

71d. Answering paragraph no. 71d, this Defendant denies all allegations

contained therein as untrue.

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71e. Answering paragraph no. 71e, this Defendant denies all allegations

contained therein as untrue.

71f . Answering paragraph no.71f , 

this Defendant admits same but specifically

denies any of the drugs' effects as pled by Plaintiff in her Complaint. All drugs

prescribed by Defendant to Plaintiff were proper and, in fact, greatly helped Plaintiff.

719. Answering paragraph no. 719, this Defendant denies all allegations

contained therein as untrue.

72. Answering paragraph no. 72, this Defendant denies all allegations

contained therein as untrue.

73. Answering paragraph no. 73, this Defendant denies all allegations related

to Defendant's prescribed medications contained therein as untrue.

WHEREFORE, this Defendant respectfully requests that this Court dismiss

Plaintiff's entire Complaint with prejudice and award to Defendant all of his costs and

attorneys fees pursuant to F.R.Cv.P.11.

AFFIRMATIVE DEFENSES

NOW COMES the Defendant herein, by and through his attorneys, Stephen M.

Ryan, PLLC, by Stephen M. Ryan, and hereby pleads the following Affirmative

Defenses:

1. Plaintiff's claims are barred by the applicable statutes of limitations.

2. Defendant received absolutely no benefit, financial or otherwise, in

meeting with and treating Plaintiff, including but not limited to, writing her prescriptions

for drugs.

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3. Plaintiff fails to state a claim upon which relief may be granted.

4. ln an unnumbered paragraph in her Complaint, Plaintiff states "Dabbagh

Provided Prescriptions for Psychotropic Medications to Trafficker Mark White," and

Defendant denies all of these allegations as untrue.

5. Throughout her Complaint, Plaintiff pleds that Defendant prescribed

"psychotropic" drugs or medications to Plaintiff as if they are sinister; but "psychotropic"

drugs are merely drugs that are prescribed by psychiatrists.

6. Throughout her Complaint, the Plaintiff attributes to the two drugs

prescribed to her by Defendant certain effects which these drugs do not produce, either

by design or as so-called "side effects." ln fact, the two prescriptions written for Plaintiff

by Defendant have the intended effects exactly the opposite as alleged in Plaintiff's

Complaint, that is, Celexa is prescribed for depression and Adderall is prescribed to

help organize one's mind and to increase energy, to help concentration and to help the

patient's mind focus with the intended effect being that the patient makes better

decisions. Thus, having filled the prescriptions on March 26,2013, approximately 35

days after taking the Celexa and the Adderall, the Plaintiff began making better

decisions and disregarded the threats of White and made the informed and much better

decision of merely walking across the street to the Southfield Police Department to file a

criminal complaint against White, which resulted in the police raid on White's apartment

a few days later. These better decisions by Plaintiff resulted in her freedom from White.

7. The allegations made in Plaintiff's Complaint as to Defendant are not only

false but scandalous in the extreme as to a well-respected and pre-eminent psychiatrist,

and Defendant shall file a motion to strike the pleadings and/or for a protective order.

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8. Plaintiff assumed all risks associated with her claims related to White

stated in her Complaint by her own conduct.

9. Defendant reserves the right to add affirmative defenses as they may

become known through discovery.

JURY DEMAND

Now GOMES the Defendant and relies upon plaintiff's jury demand.

Respectfu I ly su bm itted,

STEPHEN M. RYAN, P.L.L.C.

Attorney for Defendant

30700 Telegraph Road, Suite1677

Bingham Farms, Ml 48025

(248) 723-8500

(248) 723-8501 (Fax)

smryanpllc@aol.com

DATED: orru I ,201s

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CERTIFICATE OF SERVIGE

I hereby certify that on nprif ( 

, 2015 served Defendant's Answer to Complaint,

Affirmative Defenses and Jury Demand with this Certificate of Service with the Clerk of

the Court using the ECF system which will send notification of such filing to the

following:

Nakisha N. Chaney, Esq.

NACHT, ROUMEL, SALVATORE,

BLANCHARD & WALKER, P.C.

101 N. Main Street, Ste. 558

Ann Arbor, Michigan 48104

I declare under penalty of periury that the statement above is

true to the best of my information, knowledge and belief.

Signa

Daphne Chuney

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