DEAJESS MEDICAL IMAGING v. Allstate Ins.

381 F. Supp. 2d 307
CourtDistrict Court, S.D. New York
DecidedAugust 5, 2005
Docket03 Civ. 3918(JES), No. 03 Civ. 6640(JES), No. 03 Civ. 7389(JES)
StatusPublished

This text of 381 F. Supp. 2d 307 (DEAJESS MEDICAL IMAGING v. Allstate Ins.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DEAJESS MEDICAL IMAGING v. Allstate Ins., 381 F. Supp. 2d 307 (S.D.N.Y. 2005).

Opinion

381 F.Supp.2d 307 (2005)

DEAJESS MEDICAL IMAGING, P.C. as assignee of Slavik Abayev and the other injured persons listed in attached rider and Moshe D. Fuld, P.C., Plaintiffs,
v.
ALLSTATE INSURANCE COMPANY, Defendant.
Deajess Medical Imaging, P.C. as assignee of Gavriyel Abramov and the other injured persons listed in attached rider and Moshe D. Fuld, P.C., Plaintiffs,
v.
State Farm Mutual Automobile Insurance Company, Defendant.
Boston Post Road Medical Imaging, P.C. as assignee of Aisha Adams and the other injured persons listed in attached rider and Moshe D. Fuld, P.C., Plaintiffs,
v.
Allstate Insurance Company, Defendant.

No. 03 Civ. 3918(JES), No. 03 Civ. 6640(JES), No. 03 Civ. 7389(JES).

United States District Court, S.D. New York.

August 5, 2005.

*308 Law Office of Moshe D. Fuld, P.C., New York, NY (Moshe D. Fuld, of counsel), for Plaintiffs.

Peter C. Merani, New York, NY (Peter C. Merani, of counsel), for Defendant Allstate Insurance Company.

Bruno, Gerbino & Soriano, LLP, Melville, NY (Vincent F. Gerbino, of counsel), for Defendant State Farm Mutual Automobile Insurance Company.

McDonnell & Adels, P.C., Lake Success, NY (Christine Lindwall, of counsel), for Defendant Allstate Insurance Company.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiffs Deajess Medical Imaging, P.C. ("Deajess") and Boston Post Road Medical Imaging, P.C. ("Boston Post Road") and Moshe D. Fuld, P.C.,[1] the attorney for plaintiffs in these actions (together "plaintiffs"), bring the virtually identical above-captioned actions against defendants Allstate Insurance Company ("Allstate") and State Farm Mutual Automobile Insurance Company ("State Farm"), respectively, seeking payment for medical services provided to individuals who had automobile insurance policies issued by defendants and were subsequently injured in accidents involving the use of the vehicles insured by defendants. See 03 Civ. 3918 Compl. ¶¶ 6-13; 03 Civ. 6640 Compl. ¶¶ 6-13; 03 Civ. *309 7389 Compl. ¶¶ 6-13.[2] Defendants move to dismiss the above-captioned actions, arguing that the Court lacks subject matter jurisdiction over these controversies. Because the Court finds that plaintiffs have improperly invoked the jurisdiction of the Court, the above-captioned actions are dismissed.

BACKGROUND

The facts in these actions are virtually identical and straightforward: defendants are foreign car insurance companies that insured the individual assignors listed in the above-captioned actions. Compl. ¶¶ 3, 6. These various assignors suffered injuries in unrelated car accidents arising out of the use of vehicles insured by defendants. Compl. ¶ 6. Plaintiffs, New York residents, subsequently rendered medical services to the assignors in exchange for the assignment of their respective no-fault insurance benefits. Compl. ¶¶ 6-9. Despite demands having been made on defendants by plaintiffs for payment of such no-fault benefits, no payment has been made. Compl. ¶¶ 11-12. Defendants instead denied payment on each separate claim for distinct reasons. Plaintiffs then aggregated their claims against the respective insurance companies, which individually ranged from about $800.00 to approximately $3500.00, see Compl. Rider, thereby increasing the amount in controversy claimed in each action to an amount above the $75,000 threshold established by 28 U.S.C. § 1332, and brought suit in this Court based on diversity jurisdiction.

Defendants now claim that the Court should dismiss these actions pursuant to Federal Rule of Civil Procedure 12(b)(1) and 28 U.S.C. § 1332. Defendants collectively make three primary arguments: first, that assignee plaintiffs are not the real parties in interest in these actions for purposes of determining diversity jurisdiction, 03 Civ. 3918 Def.'s Mem. at 9-11; second, that the assignments involved were collusively made and aggregated purely for the purpose of meeting the $75,000 minimum requirement to obtain jurisdiction in this Court, 03 Civ. 3918 Defs.' Mem. at 6, 8, 11; 03 Civ. 6640 Def.'s Aff. at 11-13; and third, that the Court should sever the claims comprising each action and then dismiss the actions on the grounds that each severed claim fails to meet the $75,000 jurisdictional requirement, 03 Civ. 7389 Def.'s Affirmation ¶ 2.

This factual predicate is not without precedent; attorney Moshe D. Fuld, who represents plaintiffs in all three of the above-captioned actions, has brought over thirty cases presenting this issue in this district, resulting in varying conclusions. See Boston Post Road Med. Imaging, P.C. v. Allstate Ins. Co., 03 Civ. 3923(RCC), 2004 WL 1586429, at *1 n. 2 (S.D.N.Y. July 15, 2004) (listing nearly thirty such actions). For example, in Preferred Med. Imaging P.C. v. Geico Gen. Ins. Co., Judge Buchwald "disaggregated" the sixty-seven unrelated claims assignee plaintiff had aggregated to reach the jurisdictional minimum amount and then dismissed for lack of subject matter jurisdiction because, once disaggregated, "none of the individual claims satisfies the amount in controversy requirement." 03 Civ. 8726(NRB), 2004 WL 690735, at *1 (S.D.N.Y. Mar. 31, 2004); see also Boston Post Road Med. Imaging, P.C., 2004 WL 1586429, at *1-3; Preferred Med. Imaging, P.C. v. Allstate Ins. Co., 303 F.Supp.2d 476, 477 (S.D.N.Y.2004); Boston Post Road Med. Imaging, P.C. v. Geico Gen. Ins. Co. 03 Civ. 7390(JCF), *310 2004 WL 1810572, at *4-5 (S.D.N.Y. Aug. 12, 2004). Judge Scheindlin, in contrast, denied defendant's motion to dismiss when presented with the same scenario, finding that the assignee plaintiff was the real party in interest for purposes of determining diversity jurisdiction, that the assignments made by the injured insured individuals were not collusive assignments, and that aggregation of the claims was permissible. Boston Post Road Med. Imaging, P.C. v. Allstate Ins. Co., 03 Civ. 6150(SAS), 2004 WL 830154, at *2-5 (S.D.N.Y. Apr. 13, 2004); see also Deajess Med. Imaging P.C. v. Allstate Ins. Co., 03 Civ. 3920(RWS), 2004 WL 1632596, at *3-5 (S.D.N.Y. July 22, 2004) (determining that plaintiff was real party in interest and that assignments were not collusive).

DISCUSSION

Under the diversity statute, 28 U.S.C. § 1332, federal district courts have subject matter jurisdiction over "all civil actions where the matter in controversy exceeds the sum or value of $75,000 ... and is between ... citizens of different States." 28 U.S.C. § 1332(a). This statute is to be strictly construed against finding jurisdiction. Healy v. Ratta, 292 U.S. 263, 270, 54 S.Ct. 700, 78 L.Ed. 1248 (1934). The party asserting diversity jurisdiction bears the burden of so establishing once it has been challenged. Thomson v. Gaskill, 315 U.S. 442, 446, 62 S.Ct. 673, 86 L.Ed. 951 (1942).

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Deajess Medical Imaging, P.C. v. Allstate Insurance
381 F. Supp. 2d 307 (S.D. New York, 2005)

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