Arora v. Buckhead Family Dentistry, Inc.

285 F. Supp. 3d 190
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 8, 2018
DocketCivil Action No. 16–1806 (RDM)
StatusPublished
Cited by3 cases

This text of 285 F. Supp. 3d 190 (Arora v. Buckhead Family Dentistry, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arora v. Buckhead Family Dentistry, Inc., 285 F. Supp. 3d 190 (D.C. Cir. 2018).

Opinion

RANDOLPH D. MOSS, United States District Judge

This matter is before the Court on Cigna Health and Life Insurance Company's renewed motion to dismiss, Dkt. 33, and the Court's Order to Show Cause why this case should not be transferred to the U.S. District Court for the Northern District of Georgia, Dkt. 37. For the reasons that follow, the Court will GRANT Cigna's motion to dismiss and will ORDER that the remainder of the action be transferred to the U.S. District Court for the Northern District of Georgia pursuant to 28 U.S.C. § 1631.

I. BACKGROUND

The Court recounted the facts giving rise to this dispute in its prior opinion, see *194Arora v. Buckhead Family Dentistry, Inc. , 263 F.Supp.3d 121, 125-26 (D.D.C. 2017), and will, accordingly, only briefly outline the allegations relevant for present purposes. In considering Cigna's motion to dismiss, the Court must accept the factual allegations set forth in the amended complaint as true. See Ashcroft v. Iqbal , 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).

While living in Atlanta, Georgia in 2013, Plaintiff Sanjay Arora sought treatment for a cracked tooth from Dr. Travis Paige of Buckhead Family Dentistry. Dkt. 6 at 4-5 (Am. Compl. ¶ 15). Dr. Paige installed a permanent crown, which was manufactured by Global Dental Solutions LLC. Id. at 9 (Am. Compl. ¶ 48). The procedure was covered by Cigna Health and Life Insurance Company, Arora's dental insurance provider at the time. Id. at 4 (Am. Compl. ¶ 12). Soon afterwards, Arora began to experience intense discomfort and pain in the area surrounding the crown. Id. at 5-6 (Am. Compl. ¶¶ 22-24). The crown, it turned out, was not the "high noble metal crown" for which Arora and Cigna paid. Id. at 5, 7-8 (Am. Compl. ¶¶ 17, 36, 41). Instead, according to the invoice Global sent Buckhead Family Dentistry, Arora received a non-noble crown of lower quality. Id. at 8-9 (Am. Compl. ¶¶ 47-48).

Arora "demand[ed] a full refund" of his portion of the dentist's fee (presumably, his co-payment) from Cigna so that he could have the crown replaced. Id. at 7 (Am. Compl. ¶ 39). In a letter dated July 10, 2014, Cigna described the procedure at issue as receipt of a "high noble metal crown on tooth # 30." Id. at 8 (Am. Compl. ¶ 41). In addressing Arora's complaints, Cigna stated that it "investigate[s] and take[s] appropriate action on all quality of care concerns," id. at 7 (Am. Compl. ¶ 40), and acknowledged its "continuing effort to provide quality of care and service," id. at 9 (Am. Compl. ¶ 49). It declined, however, to refund to Arora the "applicable patient copay[.]" Id. (Am. Compl. ¶ 41). Meanwhile, Arora switched dentists and had the crown removed. Id. (Am. Compl. ¶ 45). He eventually moved to the District of Columbia. Id. at 3 (Am. Compl. ¶ 8).

Proceeding pro se , Arora brought this diversity action against (1) Dr. Paige and Buckhead Family Dentistry (collectively, "Buckhead"); (2) Global Dental Solutions, LLC, and Global's President, Brad Abramson (collectively, "Global"); and (3) Cigna. As relevant here, the amended complaint asserts claims for breach of fiduciary duty and negligent misrepresentation against Cigna, as well as a conspiracy claim against Cigna, Dr. Paige, and Buckhead. Id. at 20-23, 26-27 (Am. Compl. ¶¶ 115-36, 155-60).

Buckhead, Global, and Cigna each moved to dismiss, Dkt. 7; Dkt. 11; Dkt. 18; Dkt. 33, and Arora responded to all three motions,1 Dkt. 15; Dkt. 16; Dkt. 24. In resolving those motions, the Court first concluded that it lacked personal jurisdiction over Buckhead and Global under D.C.'s long-arm statute. Arora , 263 F.Supp.3d at 128. But, rather than simply dismissing Arora's claims against those defendants, the Court directed that the parties address whether the case should be transferred to the Northern District of Georgia pursuant to 28 U.S.C. § 1631 given Buckhead and Global's ties to Atlanta and the fact that "most, if not all, of the alleged events relevant to Arora's claims occurred in Atlanta." Arora , 263 F.Supp.3d at 128. The Court further concluded that Arora had "failed to carry his burden of showing that he ... properly effected service of process" on Cigna. Id. at 129. The *195Court, as a result, did not reach the merits of Cigna's arguments that Arora's complaint failed to state a claim and, instead, gave Arora a further opportunity to effect service on Cigna. Id. at 134.

Each defendant opposed transfer on the ground that Arora's claims lack merit and that transfer, therefore, would be futile. See Dkt. 38 at 2-3; Dkt. 39 at 2; Dkt. 40 at 4. Arora, concerned about potential statute of limitations difficulties, requested transfer. Dkt. 41 at 6-7. He also filed a purported proof of service indicating that he had served "Cigna's Legal Department" and "Cigna's Attorney o[f] Record." Dkt. 42 at 1. Because Cigna had previously requested that the Court consider the merits of its previously-filed motion to dismiss "if [Arora] file[d] proof of service," Dkt. 40 at 3, the Court asked Cigna to clarify whether it intended to contest service and, if not, whether the Court should treat its motion to dismiss as renewed, Minute Order (Aug. 10, 2017). Cigna, in response, waived any objection to service and renewed its earlier motion to dismiss for failure to state a claim. Dkt. 43 at 1-2. Arora filed a supplemental opposition. Dkt. 46.

II. LEGAL STANDARD

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Bluebook (online)
285 F. Supp. 3d 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arora-v-buckhead-family-dentistry-inc-cadc-2018.