Excel Pharmacy Servs., LLC v. Liberty Mut. Ins. Co.

389 F. Supp. 3d 289
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 18, 2019
DocketCIVIL ACTION NO. 18-4804
StatusPublished
Cited by2 cases

This text of 389 F. Supp. 3d 289 (Excel Pharmacy Servs., LLC v. Liberty Mut. Ins. Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Excel Pharmacy Servs., LLC v. Liberty Mut. Ins. Co., 389 F. Supp. 3d 289 (E.D. Pa. 2019).

Opinion

Rufe, J.

Plaintiff Excel Pharmacy Services, LLC ("Excel"), acting on behalf of a proposed class, filed this action in the Philadelphia Court of Common Pleas against Defendants Liberty Mutual Insurance Company and related entities (collectively "Liberty Mutual"). Excel alleges that Defendants engaged in a systemic, years-long pattern of conduct in violation of the Pennsylvania Workers' Compensation Act ("WCA")1 and Unfair Insurance Practices Act ("UIPA")2 by refusing to reimburse Excel and the members of the class for prescribed pharmaceuticals dispensed to patients. Excel seeks a declaratory judgment that these actions violated the WCA and UIPA.

Liberty Mutual removed the action to this Court. Excel now moves to remand the case, arguing that this Court lacks subject matter jurisdiction over this case because: (1) the amount in controversy cannot be established, and (2) even if an amount in controversy can be established, the Court should exercise its discretion and decline to hear the case. For the following reasons, the Court will deny the motion to remand and retain jurisdiction.

I. LEGAL STANDARD

28 U.S.C. § 1441(a) allows a defendant to remove "any civil action brought in a State court of which the district courts of the United States have original jurisdiction."3 The defendant seeking removal must file a notice of removal with the district court within 30 days of service of the complaint.4 Under the Class Action Fairness Act ("CAFA"), a proposed class action "may be removed by any defendant without the consent of all defendants" and "without regard to whether any defendant is a citizen of the state in which the action is brought."5 The federal court has jurisdiction over such cases when the amount in controversy exceeds five million dollars excluding interest and costs, any member of the class of plaintiffs is a citizen of a different state from any defendant, and there are at least 100 members of the *292class.6 For purposes of the CAFA jurisdictional threshold, "the claims of the individual class members shall be aggregated."7

"The defendants bear the burden of establishing removal jurisdiction and compliance with all pertinent procedural requirements."8 "Because federal courts are courts of limited jurisdiction, the federal removal statutes are to be strictly construed."9 "[A]ll doubts should be resolved in favor of remand."10 Once a defendant has removed an action, 28 U.S.C. § 1447 authorizes a plaintiff to seek remand to state court. "A district court can remand a case for lack of subject matter jurisdiction or for a defect in the removal procedure."11 A motion for remand premised on lack of subject matter jurisdiction can be made at any time before final judgment.12

II. DISCUSSION

A. Amount in Controversy

The parties disagree as to the applicable standard for determining the amount in controversy. Excel relies on the decision in Dart Cherokee Basin Operating Co. LLC v. Owens , in which the Supreme Court held that when a defendant invokes federal jurisdiction and the plaintiff challenges the amount in controversy, "both sides submit proof and the court decides by a preponderance of the evidence, whether the amount in controversy requirement has been satisfied."13 Liberty Mutual, citing the Third Circuit's decision in Frederico v. Home Depot , argues that Excel must show, to a legal certainty, that it cannot recover the requisite amount in controversy because the relevant facts for establishing the amount in controversy are not in dispute, such as where the defendant relies on the facts alleged in the plaintiff's complaint to establish the amount in controversy.14 Here, Excel does not dispute that millions of dollars are at stake, but argues that it seeks no monetary relief, only a declaratory judgment.15

Under either standard, remand is unwarranted. First, Liberty Mutual has produced evidence, not disputed by Excel, that it declined to pay Excel more than $60,000 for prescriptions dispensed at the rates that Excel alleges are mandated by Pennsylvania law.16 Liberty Mutual also produced evidence that it declined to reimburse 28 potential class members more than three million dollars. The proposed class comprises some 2,000 members, and thus by any reasonable calculation the amount in controversy exceeds five million dollars.17 Liberty Mutual has shown by a preponderance of the evidence that the *293CAFA jurisdictional threshold has been met.

Second, Plaintiff cannot prove to a legal certainty that the amount in controversy is less than five million dollars. Plaintiff alleges in the Complaint that "Liberty Mutual is currently in arrears to Excel and the Class several million dollars in outstanding claim reimbursements."18 Although Excel argues that only declaratory relief is sought, a declaratory judgment in favor of the proposed class would presumably have the effect of requiring Defendants to reimburse the class members indefinitely at higher rates than have been paid in the past. Therefore, Excel cannot show that the value of the object of the litigation is less than five million dollars.19

B. Exercise of Discretion

Plaintiff argues in the alternative that the Court should exercise its discretion under the Declaratory Judgment Act to decline jurisdiction.20 This course of action may be appropriate if there is a parallel state proceeding, with a "substantial similarity in issues and parties."21 " 'Substantial similarity' only means that the parties involved are closely related and that the resolution of an issue in one will necessarily settle the matter in the other."22 Excel argues that Liberty Mutual filed an action in state court that is substantially similar in issues and parties to the present case. In November 2017, Liberty Mutual filed an action in the Philadelphia Court of Common Pleas against pharmacies, pharmacists, and doctors alleging a conspiracy to defraud Liberty Mutual out of almost four million dollars.23 The complaint alleges that the parties "participated in illegal, collusive relationships in which licensed physicians prescribed Fraudulent Compounded Creams in exchange for unlawful kickbacks."24

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Bluebook (online)
389 F. Supp. 3d 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/excel-pharmacy-servs-llc-v-liberty-mut-ins-co-paed-2019.