Brian J. Lyngaas, D.D.S., P.L.L.C. v. Solstice Benefits, Inc.

CourtDistrict Court, E.D. Michigan
DecidedSeptember 19, 2025
Docket2:22-cv-10830
StatusUnknown

This text of Brian J. Lyngaas, D.D.S., P.L.L.C. v. Solstice Benefits, Inc. (Brian J. Lyngaas, D.D.S., P.L.L.C. v. Solstice Benefits, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brian J. Lyngaas, D.D.S., P.L.L.C. v. Solstice Benefits, Inc., (E.D. Mich. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

BRIAN J. LYNGAAS, D.D.S.,

Plaintiff, Case No. 22-cv-10830 v. Honorable Linda V. Parker

SOLSTICE BENEFITS, INC. and JOHN DOES 1-5,

Defendants. _______________________________/

OPINION AND ORDER (1) DENYING PLAINTIFF’S MOTION TO CERTIFY CLASS (ECF NOS. 116, 128); (2) DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF NOS. 144, 146); (3) DENYING AS MOOT PLAINTIFF’S MOTION TO STAY (ECF NO. 149); AND DENYING AS MOOT PLAINTIFF’S (ECF NO. 154) AND DEFENDANT’S (ECF NO. 163) MOTIONS TO STRIKE

This is a putative class action lawsuit filed under the Telephone Consumer Protection Act (“TCPA”). The action arises from a single, one-page fax sent on behalf of Defendant Solstice Benefits, Inc. (“Solstice”) to dental providers, including Plaintiff Brian J. Lyngaas, D.D.S., P.L.L.C. (“Plaintiff”), on or about April 23, 2018. The matter is presently before the Court on Plaintiff’s motion to certify a class (ECF Nos. 116 [redacted], 128 [sealed]), motions by Plaintiff (ECF No. 154) and Solstice (ECF No. 163) to strike certain evidence submitted in support of or in opposition to the class certification motion, Solstice’s summary judgment motion (ECF Nos. 144 [sealed], 146 [redacted]), and Plaintiff’s motion to stay briefing on the summary judgment motion pending a decision on class certification (ECF No.

149). All of the motions, except Solstice’s dispositive motion, are fully briefed. Finding the facts and legal arguments adequately presented in the parties’ briefing, the Court is dispensing with oral argument pursuant to Eastern District of Michigan

Local Rule 7.1(f). For the reasons set forth herein, the Court is denying Plaintiff’s motion for class certification. As the Court found it unnecessary to rely on the evidence the parties seek to strike when deciding Plaintiff’s class certification motion, it is

denying as moot the parties’ motions to strike that evidence. Finally, for the reasons explained below, the Court is denying without prejudice Solstice’s dispositive motion.

First, Solstice asserts arguments in response to Plaintiff’s class certification motion reflecting that it has additional grounds supporting summary judgment than what is raised in its pending motion. However, the Local Rules for the Eastern District of Michigan prohibit a party from filing more than one summary judgment

motion without leave of court. See E.D. Mich. LR 7.1(b)(2). The Court seeks to avoid yet another motion and round of briefing in this litigation for Solstice to request leave, when the Court is already inclined to grant it, particularly as Plaintiff never responded to the initial motion and the deadline for dispositive motions has not passed.

Second, when filing the pending dispositive motion, Solstice did not comply with the District’s Electronic Filing Policies and Procedures, particularly Rule 19. See E.D. Mich. LR 5.1(d); https://www.mied.uscourts.gov/. While Solstice’s

exhibits in support of the motion are properly filed as individual attachments to the motion and supporting brief, there is no index of exhibits, and each exhibit is not accompanied by an exhibit identifier on the docket.1 Solstice also did not comply with the instruction that “[f]iling users . . . shall not include any paper that is

already part of the record. Previously filed papers should be referenced using the PageID (see R6).” See Elec. Filing Policies & Proc. R19(a). Thus, for example, citations to a deposition transcript already filed on the docket must be to that filing

instead of clogging the docket with multiple copies of the same transcript. Because these defects impair the Court’s efficient review of the record, had the Court noticed them when the motion was first filed, it would have stricken the filing.

1 A sample of the correct filing of exhibits is provided in the rule. I. Factual & Procedural Background A. The Parties

Plaintiff is a dental practice in Livonia, Michigan, owned by Brian J. Lyngaas, D.D.S. (ECF No. 116-10 at PageID.5017; ECF No. 1 at PageID.3 ¶ 9.) Solstice is a licensed insurance company which provides dental and vision benefits

to groups, employers, and individuals throughout the United States. (ECF No. 140-1 at PageID19500-01 ¶ 3.) B. Solstice’s Provider Network & Network Lease Arrangements Solstice maintains a provider network comprised of dentists and dental

practices that participate with Solstice networks and agree to accept members on associated plans (“in network” dentists or providers). (Id. at PageID.19501 ¶ 4.) By using in-network providers, plan members obtain benefits at lower rates. (Id. at

¶ 5.) The providers in Solstice’s network have either contracted with Solstice directly, or they contracted with other dental insurance companies or dental provider networks with which Solstice has entered a Network Access Arrangement

(or “network lease”). (Id. at PageID.19502 ¶ 11.) The latter providers agreed in their contracts with those insurance companies or dental provider networks to participate in plans and networks offered by other dental insurance companies that

have entered into network leases with their insurers or networks. (Id.) Solstice has entered network leases with United Concordia Companies, Inc. (“UCCI”) and PPO USA, Inc. (now known as GEHA Solutions, Inc.) (“GEHA”). (Id. at ¶ 12; id. at

PageID. 19505 ¶ 22; see also ECF Nos. 131, 143.) Solstice and UCCI entered their Network Access Arrangement on July 1, 2016. (ECF No. 140-1 at PageID. 19502 ¶ 12; see also ECF No. 143.) Pursuant to

this network lease, UCCI granted Solstice access to the providers on its United Concordia Advantage Plus Dental network for use in Solstice’s PPO dental benefit plans. (ECF No. 140-1 at PageID.19502-03 ¶ 13.) Thus, participants in Solstice’s PPO dental benefit plans have access on an in-network basis to providers that

contract directly with UCCI. (Id. at PageID.19503 ¶ 14.) Solstice and GEHA entered their network lease on January 1, 2014, which grants Solstice access to the providers on GEHA’s CONNECTION Dental Network for use in Solstice’s PPO

dental benefit plans. (ECF No.140-1 at PageID.19505 ¶¶ 22, 23; ECF No. 131.) Plaintiff entered a Participating Dentist Agreement (“PDA”) with UCCI on December 3, 2009. (ECF No. 140-6 at PageID. 20139-40, 20141, Resp. Nos. 26- 27; ECF No. 140-7; see also ECF No. 140-8.) Pursuant to the PDA, Plaintiff

became a participating provider in several UCCI plans. (ECF No. 116-10 at PageID.5002-03.) Plaintiff also agreed to participate “in any other plan, program or arrangement for which [UCCI] has agreed to provide access to the Network

(‘Network Access Arrangements’)[,]” and “specifically authorize[d] [UCCI] to enter into Network Access Arrangements and agree[d] to provide services to Members enrolled under any Network Access Arrangement, subject to all of the

terms and conditions of [the PDA].” (ECF No. 140-8 at PageID.20247 ¶ 2.) One of those conditions was “agree[ing] to accept communications from [UCCI] via . . . facsimile . . ..” (Id. ¶ 1(d).)

The PDA provides that a list of all currently effective network leases are listed on UCCI’s website. (Id.) Plaintiff acknowledges being a provider on a network lease to Solstice. (ECF No. 116-10 at PageID.5002-03.) Solstice manages its provider network, offers various benefit plans that

utilize different aspects of the Solstice provider network(s), processes claims submissions, and makes participating providers known to plan members through provider directories and Solstice’s website. (ECF No. 140-1 at PageID.19501-02

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Bluebook (online)
Brian J. Lyngaas, D.D.S., P.L.L.C. v. Solstice Benefits, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/brian-j-lyngaas-dds-pllc-v-solstice-benefits-inc-mied-2025.