GOVERNMENT EMPLOYEES INSURANCE CO. v. CARING PAIN MANAGEMENT PC

CourtDistrict Court, D. New Jersey
DecidedJuly 18, 2025
Docket2:22-cv-05017
StatusUnknown

This text of GOVERNMENT EMPLOYEES INSURANCE CO. v. CARING PAIN MANAGEMENT PC (GOVERNMENT EMPLOYEES INSURANCE CO. v. CARING PAIN MANAGEMENT PC) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
GOVERNMENT EMPLOYEES INSURANCE CO. v. CARING PAIN MANAGEMENT PC, (D.N.J. 2025).

Opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

GOVERNMENT EMPLOYEES INSURANCE CO., GEICO INDEMNITY CO., GEICO GENERAL INSURANCE COMPANY and GEICO CASUALTY CO,

Plaintiffs, Case No. 2:22-cv-05017 (BRM) (JSA)

v. OPINION CARING PAIN MANAGEMENT PC a/k/a CAREON PAIN MANAGEMENT, et al., Defendants. MARTINOTTI, DISTRICT JUDGE Before this Court is Plaintiffs Government Employees Insurance Co., GEICO Indemnity Co., GEICO General Insurance Company, and GEICO Casualty Co.’s (“Plaintiffs” or “GEICO”) Motion to Vacate pursuant to Fed. R. Civ. P. 60(b), in the alternative to Dismiss the case pursuant to Fed. R. Civ. P. 41(a)(2), or, in the alternative, to Certify an Order pursuant to 28 U.S.C. § 1292(b) permitting Plaintiffs to apply to the Third Circuit to take an interlocutory appeal. (ECF No. 81.) Defendants Caring Pain Management PC, a/k/a Careon Pain Management, and Jinghui Xie, M.D. (“Defendants” or “Caring Pain Defendants”) filed an Opposition (ECF No. 85), Plaintiffs filed a Reply (ECF No. 86), and the Defendants filed a Sur-Reply with permission of the Court (ECF No. 89). Having reviewed the submissions filed in connection with the motion and having declined to hold oral argument pursuant to Federal Rule of Civil Procedure 78(b), for the reasons set forth herein and for good cause shown, Plaintiffs’ motion is DENIED. I. BACKGROUND The factual and procedural background of this matter are well known to the parties, but to recount, this case is about the relationship between New Jersey healthcare providers and the insurance companies that pay those providers for treating patients for injuries arising from

automobile accidents. Plaintiffs have alleged a series of fraudulent schemes, including unlawful compensation in exchange for patient referrals, misrepresentation of the nature, extent, and results of patient examinations, and false representation regarding compliance with pertinent healthcare laws. (See ECF No. 17 at 1–5.) Defendants claim this case is about Plaintiffs’ attempts to accumulate settlement payments through specific litigation that accuses healthcare professionals of fraud. (See, e.g., ECF No. 16-1 at 1.) On October 28, 2022, Defendants filed a Motion to Dismiss and Compel Arbitration. (Id.) On May 31, 2023, the Court issued an Opinion (ECF No. 38) and Order (ECF No. 39) granting in part and denying in part that Motion. The Court granted Defendants’ motion as to Plaintiffs’

common law fraud, RICO, and unjust enrichment claims in favor of arbitration, while denying the motion as to Plaintiffs’ claims under New Jersey’s Insurance Fraud Prevention Act (“IFPA”), N.J. Stat. Ann. §§ 17:33A-1 to -30. (Id.) On June 3, 2023, a Notice of Interlocutory Appeal was filed by Defendants. (ECF No. 41.) On June 6, 2023, the case was docketed by the Third Circuit (GEICO, et al v. Caring Pain Management PC, et al., C.A. Dkt. No. 23-2019, ECF No. 1), and, on September 12, 2023, the appeal was consolidated with two other similar matters for purposes of disposition (id., ECF No. 22). On January 18, 2024, the appeal was argued before the Third Circuit. (Id., ECF No. 48.) On April 15, 2024, this Court received the Third Circuit’s Judgment as to the appeal, which reversed the prior denial of the motion to compel arbitration of the IFPA claims and remanded for further proceedings. (ECF No. 46). On May 7, 2024, the Third Circuit issued a Mandate ordering this Court to compel arbitration of the IFPA claim. (ECF No. 48.) On May 8, 2024, this Court issued an Order on Mandate compelling the arbitration of the IFPA claim and staying the case against Defendants pending arbitration. (ECF No. 50.) On January 23, 2025, Plaintiffs submitted a letter motion for a Stay of Obligation to Arbitrate IFPA Claim. (ECF No.

65.) On the same day, Defendants filed a Motion to Dismiss under Fed. R. Civ. P. 41(b). (ECF No. 66.) On January 31, 2025, the Court issued a Text Order stating, “In light of the Third Circuit’s mandate that arbitration be compelled, Plaintiff’s letter request to stay the mandate is DENIED. Accordingly, Defendant’s motion is administratively terminated as moot.” (ECF No. 73.) On March 03, 2025, Plaintiffs filed the Motion now before the Court (ECF No. 81) to Vacate the prior mandated Order compelling arbitration of the IFPA claim (ECF No. 50). On March 24, 2025, Defendants filed their Opposition to the Motion to Vacate. (ECF No. 85.) On March 31, 2025, Plaintiffs filed a Reply. (ECF No. 86.) On April 6, 2025, Defendants filed a Sur-

Reply, which was permitted by the Court. (ECF No. 89.) On April 14, 2025 (ECF No. 92), and, on June 23, 2025 (ECF No. 98), Plaintiffs filed letters providing additional supplemental authority, specifically, New Jersey Appellate Division cases decided post-briefing.1

1 Plaintiffs provide the Court with summary disposition orders in Allstate Insurance Company, et al. v. Robert Matturro, D.C., et al., N.J. App. Div. Dkt. No. A-001224-24T2 (April 7, 2025) and Allstate Insurance Company, et al. v. Samuel S. Davit, et al., N.J. App. Div. Dkt. No. A-000239- 24T2 (May 20, 2025) as further instances where the New Jersey Appellate Division held PIP billing is not subject to arbitration by citing to Allstate New Jersey Ins. Co. v. Carteret Comprehensive Med. Care, P.C., 330 A.3d 361 (N.J. App. Div. 2025). Carteret Comprehensive is the primary case Plaintiffs rest their Motion and accompanied arguments on. For reasons discussed throughout this Opinion, the additional New Jersey Appellate Division decisions do not impact this Court’s analysis. See infra. II. LEGAL STANDARD A. Rule 60(b) Federal Rule of Civil Procedure 60(b) provides that a party may file a motion for relief from a final judgment for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence, that with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief.

Fed. R. Civ. P. 60(b). Accordingly, “Rule 60(b) allows a party to seek relief from a final judgment, and request reopening of his case, under a limited set of circumstances.” Gonzalez v. Crosby, 545 U.S. 524, 528 (2005). A Rule 60(b) motion “may not be used as a substitute for appeal, and . . . legal error, without more, cannot justify granting a Rule 60(b) motion.” Holland v. Holt, 409 F. App’x 494, 497 (3d Cir. 2010) (quoting Smith v. Evans, 853 F.2d 155, 158 (3d Cir. 1988)). This is because “[t]he remedy provided by Rule 60(b) is extraordinary.” Jones v. Citigroup, Inc., Civ. A. No. 14-6547, 2015 WL 3385938, at *3 (D.N.J. May 26, 2015) (internal quotation and citation omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Charles Spence v. Esab Grp Inc
623 F.3d 212 (Third Circuit, 2010)
Jeffrey Holland v. Ronnie Holt
409 F. App'x 494 (Third Circuit, 2010)
Alamance Industries, Inc. v. Filene's
291 F.2d 142 (First Circuit, 1961)
Bachowski v. Usery
545 F.2d 363 (Third Circuit, 1976)
Meral Smith v. Melvin H. Evans
853 F.2d 155 (Third Circuit, 1988)
Irving B. Gruber v. Owens-Illinois Inc.
899 F.2d 1366 (Third Circuit, 1990)
In Re Paoli Railroad Yard Pcb Litigation
916 F.2d 829 (Third Circuit, 1990)
Gonzalez v. Crosby
545 U.S. 524 (Supreme Court, 2005)
United States v. Douglas Kennedy
682 F.3d 244 (Third Circuit, 2012)
Booker v. Lehigh University
800 F. Supp. 234 (E.D. Pennsylvania, 1992)
Budget Blinds, Inc. v. White
536 F.3d 244 (Third Circuit, 2008)
Itzkoff v. F & G Realty of New Jersey, Corp.
890 F. Supp. 351 (D. New Jersey, 1995)
Hulmes v. Honda Motor Company, Ltd.
936 F. Supp. 195 (D. New Jersey, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
GOVERNMENT EMPLOYEES INSURANCE CO. v. CARING PAIN MANAGEMENT PC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-employees-insurance-co-v-caring-pain-management-pc-njd-2025.